12531A20R0001 Solicitation.pdf
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- Attached to
- Portable Toilet Cleaning/Pumping and Refuse Collection on (4 ) districts at the Daniel Boone National Forest
- Solicitation number
- 12531A20R0001
About this file
This combined synopsis/solicitation requests quotations for portable toilet cleaning, pumping, and refuse collection services on four districts of the Daniel Boone National Forest. The solicitation seeks these services for an initial base year from March 1, 2020 to December 31, 2020, with four optional one-year extensions. Offerors must provide equipment to access all work sites, including some only accessible by restricted roads, and demonstrate experience through a questionnaire. The requirement is set aside for small businesses with average annual receipts under $7.5 million in NAICS code 562991. Evaluation will be lowest price technically acceptable based on possession of necessary equipment and experience. Quotes are due through a Unison Global Marketplace link by the specified deadline. The Service Contract Act and wage determinations apply.
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Other files
| File | Type | Posted |
|---|---|---|
| SOW_CRL_Cleaning_Toilets_Garbage_Pickup_01-22-20 _V6.doc | DOC document | |
| SOW_CRL Cleaning Toilets_Garbage Pickup 11-18-19 V5.doc | DOC 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
531A
WINCHESTER KY 40391
1700 BYPASS ROAD
DANIEL BOONE NATIONAL FOREST
CODE 16. ADMINISTERED BYCODE
X
X
X
562991
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR531A
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
01/24/2020 1400 ET
01/09/2020
859-745-3128KELLY FORD
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12531A20R0001
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 27 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
WINCHESTER KY 40391
1700 BYPASS ROAD
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$8.00
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)
DANIEL BOONE NATIONAL FOREST
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.
Contractor will provide all equipment, materials, labor, transportation, incidentals and supervision to perform (1) Toilet Pumping Services (2) toilet cleaning and restocking and
(3) Solid Waste Refuse Pickup throughout the Daniel Boone National Forest. Services will be performed on up to FOUR Ranger Districts (RD).
These SOW Divisions are:
400 - Cumberland RD 500 - London RD 600 - Stearns RD
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
STEVEN J. ALVES
. 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.
700 - Redbird RD
Period of Performance: 03/01/2020 to 12/31/2024
0001 Base Period - Cumberland Ranger District
Sanitation Services Per SOW
Div 410 Base Period - Toilet Pumping, Cumberland Ranger District PER SOW
Div 420 Base Period - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 430 Base Period - Refuse Collection, Cumberland Ranger District Per SOW
Period of Performance: 03/01/2020 to 12/31/2020
0002 Option One - Cumberland Ranger District
Sanitation Services Per SOW
Div 410 Option One - Toilet Pumping, Cumberland
Ranger District PER SOW
Div 420 Option One - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 430 Option One - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Period of Performance: 01/01/2021 to 12/31/2021
0003 Option Two - Cumberland Ranger District
Sanitation Services Per SOW
Div 410 Option Two - Toilet Pumping, Cumberland
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
27 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12531A20R0001
Ranger District PER SOW
Div 420 Option Two - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 430 Option Two - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Period of Performance: 01/01/2022 to 12/31/2022
0004 Option Three - Cumberland Ranger District
Sanitation Services Per SOW
Div 410 Option Three - Toilet Pumping, Cumberland Ranger District PER SOW
Div 420 Option Three - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 430 Option Three - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Period of Performance: 01/01/2023 to 12/31/2023
0005 Option Four - Cumberland Ranger District
Sanitation Services Per SOW
Div 410 Option Four - Toilet Pumping, Cumberland Ranger District PER SOW
Div 420 Option Four - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 430 Option Four - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Period of Performance: 01/01/2024 to 12/31/2024
0006 Base Period - London Ranger District Sanitation
Services Per SOW
Div 510 Base Period - Toilet Pumping, Cumberland Ranger District PER SOW
Div 520 Base Period - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 530 Base Period - Refuse Collection, Cumberland Ranger District Per SOW
Period of Performance: 03/01/2020 to 12/31/2020
0007 Option One - London Ranger District Sanitation
Services Per SOW
Div 510 Option One - Toilet Pumping, Cumberland
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12531A20R0001
Ranger District PER SOW
Div 520 Option One - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 530 Option One - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Period of Performance: 01/01/2021 to 12/31/2021
0008 Option Two - London Ranger District Sanitation
Services Per SOW
Div 510 Option Two - Toilet Pumping, Cumberland
Ranger District PER SOW
Div 520 Option Two - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 530 Option Two - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Period of Performance: 01/01/2022 to 12/31/2022
0009 Option Three - London Ranger District Sanitation
Services Per SOW
Div 510 Option Three - Toilet Pumping, Cumberland Ranger District PER SOW
Div 520 Option Three - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 530 Option Three - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Period of Performance: 01/01/2023 to 12/31/2023
0010 Option Four - London Ranger District Sanitation
Services Per SOW
Div 510 Option Four - Toilet Pumping, Cumberland Ranger District PER SOW
Div 520 Option Four - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 530 Option Four - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Period of Performance: 01/01/2024 to 12/31/2024
0011 Base Period - Stearns Ranger District Sanitation
Services Per SOW
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
5 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12531A20R0001
Div 610 Base Period - Toilet Pumping, Cumberland Ranger District PER SOW
Period of Performance: 03/01/2020 to 12/31/2020
0012 Option One - Stearns Ranger District Sanitation
Services Per SOW
Div 410 Option One - Toilet Pumping, Cumberland
Ranger District PER SOW
(Option Line Item)
Period of Performance: 01/01/2021 to 12/31/2021
0013 Option Two - Stearns Ranger District Sanitation
Services Per SOW
Div 610 Option Two - Toilet Pumping, Cumberland
Ranger District PER SOW
(Option Line Item)
Period of Performance: 01/01/2022 to 12/31/2022
0014 Option Three - Stearns Ranger District Sanitation
Services Per SOW
Div 610 Option Three - Toilet Pumping, Cumberland Ranger District PER SOW
(Option Line Item)
Period of Performance: 01/01/2023 to 12/31/2023
0015 Option Four - Stearns Ranger District Sanitation
Services Per SOW
Div 610 Option Four - Toilet Pumping, Cumberland Ranger District PER SOW
(Option Line Item)
Period of Performance: 01/01/2024 to 12/31/2024
0016 Base Period - Redbird Ranger District Sanitation
Services Per SOW
Div 710 Base Period - Toilet Pumping, Cumberland Ranger District PER SOW
Div 720 Base Period - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 730 Base Period - Refuse Collection, Cumberland Ranger District Per SOW
Period of Performance: 03/01/2020 to 12/31/2020
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
6 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12531A20R0001
0017 Option One - Redbird Ranger District Sanitation
Services Per SOW
Div 710 Option One - Toilet Pumping, Cumberland
Ranger District PER SOW
Div 720 Option One - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 730 Option One - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Period of Performance: 01/01/2021 to 12/31/2021
0018 Option Two - Redbird Ranger District Sanitation
Services Per SOW
Div 710 Option Two - Toilet Pumping, Cumberland
Ranger District PER SOW
Div 720 Option Two - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 730 Option Two - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Period of Performance: 01/01/2022 to 12/31/2022
0019 Option Three - Redbird Ranger District Sanitation
Services Per SOW
Div 710 Option Three - Toilet Pumping, Cumberland Ranger District PER SOW
Div 720 Option Three - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 730 Option Three - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Period of Performance: 01/01/2023 to 12/31/2023
0020 Option Four - Redbird Ranger District Sanitation
Services Per SOW
Div 710 Option Four - Toilet Pumping, Cumberland Ranger District PER SOW
Div 720 Option Four - Toilet Cleaning, Cumberland Ranger District Per SOW
Div 730 Option Four - Refuse Collection, Cumberland Ranger District Per SOW
(Option Line Item)
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
7 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12531A20R0001
Period of Performance: 01/01/2024 to 12/31/2024
0021 BASE PERIOD -
118 Special Events - Funded Via Mod
119 Long Term Lease-Rentals -Funded Via Mod
Period of Performance: 03/01/2020 to 12/31/2020
0022 OPTION ONE
118 Special Events - Funded Via Mod
119 Long Term Lease-Rentals -Funded Via Mod
Period of Performance: 01/01/2021 to 12/31/2021
0023 OPTION TWO
118 Special Events - Funded Via Mod
119 Long Term Lease-Rentals -Funded Via Mod
Period of Performance: 01/01/2022 to 12/31/2022
0024 OPTION THREE
118 Special Events - Funded Via Mod
119 Long Term Lease-Rentals -Funded Via Mod
Period of Performance: 01/01/2023 to 12/31/2023
0025 OPTION FOUR
118 Special Events - Funded Via Mod
119 Long Term Lease-Rentals -Funded Via Mod
Period of Performance: 01/01/2024 to 12/31/2024
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
A - Solicitation/Contract Form B - Supplies or Services/Prices
Use Standard Form 18 to provide price quotes Full Text Clauses
C - Description/Specifications Full Text Clauses Clauses Incorporated by Reference Statement of Work
D - Packaging and Marking There are no clauses in this section
E - Inspection and Acceptance Clauses Incorporated by Reference
F - Deliveries or Performance Clauses Incorporated by Reference Full Text Clauses
G - Contract Administration Data Administration
H - Special Contract Requirements Full Text Clauses Additional Requirements
I - Contract Clauses Clauses Incorporated by Reference Full Text Clauses
J - List of Documents, Exhibits and Other Attachments List of Documents, Exhibits, and Other Attachments
K - Representations, Certifications, and Other Statements of Bidders Provisions Incorporated by Reference Full Text Provisions
L - Instructions,Conditions, and Notices to Bidders Full Text Provisions Instructions for Submitting Quotes
M - Evaluation Factors for Award Evaluation Factors
A - Solicitation/Contract Form
437.104 Personal services contracts.
437.110 Solicitation provisions and contract clauses.
437.203 Policy.
437.204 Guidelines for determining availability of personnel.
437.270 Solicitation and contract clauses.
B - Supplies or Services/Prices
Use Standard Form 18 to provide price quotes.
Full Text Clauses
C - Description/Specifications
Full Text Clauses
The above clause applies to all clauses and provisions incorporated by reference.
Clauses Incorporated by Reference
Statement of Work
C.1 SCOPE OF WORK
Daniel Boone National Forest requires services for four ranger districts. The districts are 1) Cumberland; 2) London; 3) Stearnes and 4) Redbird. Each of the four districts will require the contractor to provide the necessary equipment, materials, labor, transportation, incidentals and supervision to satisfactorily perform the following: 1) Toilet Pumping Services; 2) Toilet Cleaning and Restocking Services and 3) Waste Refuse pickup throughtout the Daniel Boone National Forest to centrally locate to dumpsters for pickup.
C.2 LOCATION OF PROJECT
The Daniel Boone National Forest Ranger Districts of CUMBERLAND, LONDON, STEARNES and REDBIRD. (maps attached)
C.3 CONTRACT TIME AND ESTIMATED START WORK DATE
Contract time is NTE 12 calendar months per the BASE YEAR or any of the four (4) subsequent OPTION YEARS (if exercised). See the included data on each district for further description of normal operating days per district. The estimated start work date is January 01, 2020, however, a NTP must be presented to officially start work after contract is awarded.
C.4 BIOBASED MATERIALS
While biobased materials are not necessarily expected to be furnished during the performance of this contract, the Contractor is encouraged to recommend to the Government the use of any biobased materials that are appropriate for the requirement, presently and reasonably obtainable, and known by the Contractor be technically acceptable alternatives to non-biobased industry standard products.
C.5 MAGNITUDE DISCLOSURE STATEMENT
The price range for this project is less than $XXXXXX. This range includes all items.
C.6 TRAFFIC SAFETY
The Contractor shall be responsible for traffic control, signs, flagmen and other traffic control devices to ensure public safety. All such signs or warning devices shall conform to Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways.
C.7 POLLUTION AND EROSION CONTROL
During all operations under this contract, the Contractor shall prevent or minimize soil erosion and pollution of water and other resources. Damage to any improvements or natural resource by the Contractor, including damage to roads that is not caused by normal operations, shall be promptly repaired to the satisfaction of the Contracting Officer.
C.8 SAFETY
Before starting work, the Contractor shall provide a Safety Plan to the Contracting Officer's Representative (COR) which includes but is not limited to the following inherently hazardous conditions:
- Operation of heavy equipment
- Operation of power tools
- Exposure to dust, heat, cold and other environmental conditions
- Uneven walking surfaces
- Heavy lifting
- Working at elevated height
D - Packaging and Marking
There are no clauses in this section.
E - Inspection and Acceptance
Clauses Incorporated by Reference
F - Deliveries or Performance
Clauses Incorporated by Reference
Full Text Clauses
G - Contract Administration Data
Administration
POST-AWARD CONFERENCE
A post award conference with the successful quoter may be scheduled within 7 calendar days after the date of contract award and held at a location mutually agreed upon between the Contracting Officer's Representative (COR) and the awarded contractor prior to start of work.
INVOICE PROCESSING PLATFORM (IPP)
The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices for service under this contract shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.
Vendors new to IPP register at https://www.ipp.gov/vendors/enrollment-vendors.htm.
SUBMITTAL OF INVOICE DOCUMENTS AND PAYROLLS
Submittal of payment certification via attachment in IPP is recommended, but may also be delivered to the COR in a manner agreeable to both parties. The Contractor shall submit payrolls to the COR via email or as otherwise agreed between both parties. It is not recommended that payrolls be uploaded to IPP due to potentially sensitive information contained therein.
H - Special Contract Requirements
Full Text Clauses
Additional Requirements
WORKER'S COMPENSATION INSURANCE
The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone as an owner/operator is not required to carry the insurance.
SUPERINTENDENCE BY CONTRACTOR
The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run.
I - Contract Clauses https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm
Clauses Incorporated by Reference
52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (JUN 2016)
52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)
52.216-21 Requirements. (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as estimated or maximum in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after POP end.
(End of clause)
52.216-22 Indefinite Quantity. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after end of
POP.
(End of clause)
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(SEP 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)
52.245-1 Government Property. (JAN 2017)
52.245-1 Government Property. (JAN 2017) - Alternate I (APR 2012)
Full Text 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 (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) (Reserved)
[X] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).
[X] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C.
6101 note).
[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[ ] (10) (Reserved)
[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
[ ] (ii) Alternate I (NOV 2011) of 52.219-3.
[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (ii) Alternate I (JAN 2011) of 52.219-4.
[ ] (13) (Reserved)
[X] (14)(i) 52.219-6, Notice of Total Small Business 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 (JUN 2003) (15 U.S.C.
644).
[ ] (ii) Alternate I (OCT 1995) of 52.219-7.
[ ] (iii) Alternate II (MAR 2004) of 52.219-7.
[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.
637(d)(2) and (3)).
[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C.
637(d)(4)).
[ ] (ii) Alternate I (NOV 2016) of 52.219-9.
[ ] (iii) Alternate II (NOV 2016) of 52.219-9.
[ ] (iv) Alternate III (NOV 2016) of 52.219-9.
[ ] (v) Alternate IV (AUG 2018) of 52.219-9.
[X] (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 (JUN 2003) (E.O. 11755).
[ ] (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 (SEP 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 (JUL 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 (JUL 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).
[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[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.)
[X] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[ ] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[ ] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (OCT 2015) of 52.223-13.
[ ] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered 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.
[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
[X] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[X] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[X] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ] (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 (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
[ ] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 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).
[X] (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).
[X] (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.)
[X] (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).
[X] (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).
[X] (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) of this paragraph 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) 52.204-25, 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 (SEP 2016) (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) [X] (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)
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 60 days of POP end.
(End of clause)
52.217-9 Option To Extend the Term of the Contract. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days from POP end ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 yrs 6 mos(months)(years).
(End of clause)
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (MAY 2008)
(a) Definitions. As used in this clause-
Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.
Postconsumer material is a part of the broader category of "recovered material."
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall-
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to Steven.alves@usda.gov.
(End of clause)
52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)
(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).
(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM). In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to SAM.
(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.
(d) Suspension of payment. If the Contractor's EFT information in SAM is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into SAM; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.
(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for -
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and -
(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in SAM and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor.
EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.
(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in SAM.
(End of clause)
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/browse/index/far
(End of clause) https://www.acquisition.gov/browse/index/far
J - List of Documents, Exhibits and Other Attachments
List of Documents, Exhibits, and Other Attachments
Attachment Number Title Date
001 SOW_CRL Cleaning Toilets_Garbage Pickup 11-18-19 V5 11/20/2019 002 001 Schedule B 11-8-19 11/20/2019 003 400 Attachment Cumberland Map North 11/20/2019 004 400 Attachment Cumberland Map South 11/20/2019 005 400 Attachment WDOL 2015-4702_1 11/20/2019 006 500 Attachment WDOL 2015-4696_1 11/20/2019 007 500 Attachment WDOL 2015-4702_2 11/20/2019 008 500 Attachment WDOL 2015-4708_3 11/20/2019 009 600 Attachment Stearns Map 11/20/2019 010 600 Attachment WDOL 2015-4696 11/20/2019 011 700 Attachment Redbird Map 11/20/2019 012 700 Attachment WDOL 2015-4696_1 11/20/2019 013 700 Attachment WDOL 2015-4708_2 11/20/2019
014 800 Attachment USDA Special Report_8023-801_Cleaning Rec Sites 11/20/2019
015 900 EXPERIENCE QUESTIONNAIRE 11/20/2019
015 950 EVALUATION FACTORS FOR AWARD 11/20/2019
K - Representations, Certifications, and Other Statements of Bidders
Provisions Incorporated by Reference
52.223-1 Biobased Product Certification. (MAY 2012)
52.223-4 Recovered Material Certification. (MAY 2008)
Full Text Provisions
L - Instructions,Conditions, and Notices to Bidders
Full Text Provisions
52.204-7 System for Award Management. (OCT 2018)
(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…
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