127EAV21Q0055.pdf

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

7EAV

ALBUQUERQUE NM 87102-3498

333 BROADWAY BLVD SE

USDA-FS CSA SOUTHWEST 5

7515 CODE 16. ADMINISTERED BYCODE

X

X

X

212319

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR7EAV

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/16/2021 1700 MT

08/31/2021

505-346-3805ELLENA SILVA

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

127EAV21Q0055

5. SOLICITATION NUMBER

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

1 43 1036403OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

RUIDOSO NM 88345

901 MECHEM DRIVE

SMOKEY BEAR RANGER DISTRICT

USDA FOREST SERVICE

15. DELIVER TO

ALBUQUERQUE NM 87102-3498

333 BROADWAY BLVD SE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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)

USDA-FS CSA SOUTHWEST 5

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.

Lincoln National Forest Gravel Pits- Mobilization, clearing and grubbing as necessary, drilling, and crushing and stockpiling of an aggregate surface course at various existing forest service pit sites.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

ELLENA C. SILVA

. 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.

previous communications from USDA and Treasury.

All invoices are to be submitted 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. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

Delivery: 09/26/2022

Period of Performance: 09/27/2021 to 09/26/2022

0001 Gravel Pit Extraction Area 4/Pit 1 Devils D-1 1 EA

Smokey Bear Ranger District Located off of County road E7 & FS road 585

0002 Gravel Pit Extraction Area 5/Pit 2 Westside D-2 1 EA

Sacramento Ranger District Located off of FS road

0003 OPTION ITEM 1 EA

Gravel Pit Extraction Area/Pit 1 Dry Lake D-3

Guadalupe Ranger District located off of FS road

67 & FS road 321

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

43 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

127EAV21Q0055

**THE GOVERNMENT EXERCISES IT'S RIGHT NOT TO

AWARD OPTIONAL ITEMS.**

(Option Line Item)

0004 OPTION ITEM 1 EA

Gravel Pit Extraction Area 2/Pit 3 Freezeout D-3

Guadalupe Ranger District located off of FS road

67 & FS road 522

**THE GOVERNMENT EXERCISES IT'S RIGHT NOT TO

AWARD OPTIONAL ITEMS.**

(Option Line Item)

0005 OPTION ITEM 1 EA

Gravel Pit Extraction Area 3/Pit 6 Pickett Hill

D-3 Guadalupe Ranger District located off of

Highway 137 & FS road 523

**THE GOVERNMENT EXERCISES IT'S RIGHT NOT TO

AWARD OPTIONAL ITEMS.**

(Option Line Item)

0006 OPTION ITEM 1 EA

Gravel Pit Extraction Area 6/Pit 1 Benson D-2

Sacramento Ranger District Located off of FS road

**THE GOVERNMENT EXERCISES IT'S RIGHT NOT TO

AWARD OPTIONAL ITEMS.**

(Option Line Item)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Lincoln NF Gravel Pits

127EAV21Q0048

SECTION B – PRODUCTS OR SERVICES AND PRICES/COSTS

Schedule of Items

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

1 Gravel Pit Extraction Area 4/Pit 1

Devils D-1 Smokey Bear Ranger District Located off of County road E7 & FS road 585

13,000 TON

2 Gravel Pit Extraction Area 5/Pit 2 Westside D-2 Sacramento Ranger District Located off of FS road 90

BASE ITEMS

TOTAL:

3 OPTION ITEM

Gravel Pit Extraction Area/Pit 1 Dry Lake D-3 Guadalupe Ranger District located off of FS road 67 & FS road

4 OPTION ITEM

Gravel Pit Extraction Area 2/Pit 3 Freezeout D-3 Guadalupe Ranger District located off of FS road 67 & FS road 522

5 OPTION ITEM

Gravel Pit Extraction Area 3/Pit 6 Pickett Hill D-3 Guadalupe Ranger District located off of Highway 137 & FS road 523

6 OPTION ITEM

Gravel Pit Extraction Area 6/Pit 1 Benson D-2 Sacramento Ranger District Located off of FS road 223

TOTAL

***ALL QUOTES SHOULD INCLUDE ALL APPLICABLE TAXES AND MOBILIZATION. ***

***PRE- AWARD SITE VISIT AND QUESTIONS- Due to Covid-19 there will not be a formal site visit for this requirement. Please contact John Montoya at john.montoya@usda.gov for information regarding the sites. Please contact If you have any questions regarding this Solicitation, please email to the CO Ellena Silva. All questions must be received no later than 1200 MT on September 08, 2021. There will not be any questions accepted after this time.

All questions shall be emailed to ellena.silva@usda.gov. All quotes shall be emailed to the Contracting Officer

Ellena Silva at ellena.silva@usda.gov no later than September 16, 2021 at 1700 MT. Faxed Quotes will not be accepted.

Basis for Award: This contract will be a firm-fixed price and awarded lowest price.

Contractor Name Signature Date

Phone Number: Email DUNS #:

Note: All offerors must be currently registered in SAM in order to be considered for award. Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov or by calling 1-334-206-7828.

http://www.sam.gov/

SECTION C-DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Section 103. — SCOPE OF WORK

103.01 Intent of Contract.

This project consists of mobilization, clearing and grubbing as necessary, drilling, and crushing and stockpiling of an aggregate surface course at various existing forest service pit sites. The total number of pits contracted will be determined by available funding. The contractor shall be responsible to obtain all permits as required by New Mexico Environmental Department (NMED) for the contractor’s methods of operation(s).

NMED allows for No Permit Required (NPR) facilities. These are Facilities that emit less than 10 tons per year of any criteria pollutant do not need an air quality permit nor do they need a Notice of Intent. No permitting action is required of these facilities.

IF NPR are as follows:

Portable Aggregate Crushing Plant: 300 tons/hour Combined Internal combustion engine(s) (diesel): 395 Horsepower

103.02 Project Location

The project work areas are located through the Lincoln National Forest, two Pits located off FS Road 67, one located off FS Road 90, one located off FS Road 223, and alternate site located on County Road 7/ FS Road 585. See attached maps.

103.3 GOVERNMENT FURNISHED MATERIALS/CONTRACTOR FURNISHED LABOR AND

MATERIALS

Government Furnished Materials.

NONE

Contractor Furnished Materials and Labor

The contractor shall furnish any and all expertise, tools, equipment, labor, supervision, transportation, lodging, safety equipment necessary to complete the project, and all necessary equipment and hardware. Contractor shall follow the Standard Specification and the Standard Fire Plan.

Section 107. — LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.11 Protection of Forests, Parks and Public Lands. Amend as Follows:

Add the following after the last paragraph:

STANDARD FIRE PLAN

Fire Prevention during periods of agreement performance, the following requirements shall be met by the Contractor. The Forest Service will inform the Contractor of the Fire Danger Rating.

Execution of the Fire Plan

• Forest Service personnel involved will, in all cases, coordinate through the U.S.

Forest Service Program Manager, except in cases of emergency or Forest Closures.

• The Contractor shall designate a Representative who shall be responsible for executing and carrying out this plan.

• The Contractor shall include this Fire Plan in all subcontracts.

• The Contractor shall assure that all employees are informed of the existence and condition of this

Fire Plan.

Compliance Inspection

• Inspections by the Forest Service will be made to ensure compliance with this plan.

• Should any deficiencies appear during the inspection, the Contractor will be informed, and the deficiency shall be corrected within 24 hours.

• Activities with the potential to start fires shall be halted until deficiencies are corrected and the corrections approved by the U.S. Forest Service Program Manager or a Fire Prevention Technician or other designee.

• The Contractors representative or otherwise designated employee who has been trained and is familiar with fire prevention techniques and procedures shall make daily inspections to ensure that the terms of this Fire Plan are met at all times.

Fire Pre-suppression Requirements

• Fire Toolbox o During agreement performance, the Contractor shall furnish and maintain one fire toolbox at the designated campsite or a central location where work is currently being performed. Expense of the fire toolbox is for the account of the Contractor.

o The Fire Toolbox is to be maintained with tools in good condition in the following quantities for each five people in the Contractor’s work force. (This equipment is for the sole purpose of firefighting).

Four Shovels, Two Axes, One Pulaski and Five 1-Gallon Canteens.

Where needed, a McLeod may be substituted for a shovel or axes.

o The fire Toolboxes shall be replenished by the Contractor after each incident of Fire use.

• Fire Guard o The Contractor shall designate at least one representative to train and supervise each work crew in Fire Prevention, Detection and Suppression. To Prevent, Detect and Suppress Fires, the Contractor shall provide a trained Fire Guard for projects involving internal combustion engines.

o The fire Guard shall constantly perform duties during operation hours and for 3 hours after work stops for the day when the Fire Precaution Plan is B, C, or D. Each Fire Guard shall be physically able, vigilant and trained to prevent, detect and report any fires, and to promptly and efficiently take suppression action with available firefighting equipment and individuals on any fire that start on the project area.

o Each fireguard shall be equipped with a vehicle and a Fire Tool Cache consisting of:

a Fire Cache Box

2 size 0 shovels, 2 pulaskis, 2 McLeod’s, and 2 four-to-five-gallon backpack pumps filled with water.

o This equipment is in addition to the Fire Toolbox listed above.

o All equipment and tools are to be maintained in serviceable condition.

Fire Suppression Requirements.

• The Contractor shall take independent action on the suppression of all fires in the work area or vicinity (one quarter mile outside work area).

• All Forest Fires shall be reported to the District Rangers Office as soon as possible. Notification can be made via Otero County Sheriff’s Office, Alamogordo Dispatch Office, or directly to the Sacramento Ranger District Office.

• Even though the fire has been suppressed by the Contractor’s crew, this report is required.

• Telephone numbers to which fires shall be reported will be furnished to the Contractor by the

Forest Service prior to start of work.

Equipment Requirements

• All gasoline and diesel equipment (except turbo-charged) used on the project shall be equipped with Spark arresters approved in the SPARK ARRESTERS GUIDE, USDA- FS December1966.

• All internal combustion engines are to be inspected before use on the job and periodically thereafter by the Forest Service. Equipment not passing inspection cannot be used on the project until repairs are made.

• Serviceable baffled mufflers with standard exhaust tail pipes are considered adequate on trucks pickups and sedans.

• Equipment service areas and fuel and oil storage areas are to be cleared of brush, litter, debris and grass for a radius of at least 50 feet.

• Each piece of motorized equipment not included below, shall be equipped with a round shovel and a fire extinguisher.

• The Fuel trucks, service trucks and the work camp shall be equipped with a shovel and a class ABC pressurized chemical fire extinguisher of not less than 15 pounds capacity by weight. These shovels and fire extinguisher are in addition to those required in the toolbox. These shall be furnished and maintained at the Contractor’s expense.

Power saws

• Power saws shall be kept in a safe, serviceable condition at all times.

• Each power saw shall be equipped with an approved SPARK ARRESTOR MUFFLER SYSTEM

MEETING THE SAE J-335b STANDARD.

• The refueling of power saws shall be done on mineral soil and the saw shall be moved at least 10 feet from the refueling point to another barren spot before starting.

• Power saws with warm or hot spark arrestors or mufflers) running or not) shall not be placed on sawdust piles, litter, duff, stumps or spots that are easily ignited.

• Each power saw shall be accompanied with one round point shovel in good condition, a fuel safety container and one chemical pressurized extinguisher of not less than 8 ounces capacity by weight.

The fire extinguisher is to be kept with the power saw operator at all times while working on the project. The shovel is to be kept with the fuel supply which is in addition to the Fire Toolbox and the Fire Tool Cache.

Smoking and Fires

• Rules related to smoking shall be in accordance with the fire restrictions in place at the time and during the execution of the contract.

• No Smoking shall be allowed while traveling except on surfaced highway and in vehicles that are equipped with ashtrays. A surfaced highway is any road that is oiled, graveled or otherwise paved. All tobacco shall be extinguished in the ashtray.

• Smoking is not to be permitted while working. No warming, burning of debris or cooking fires are permitted during periods of High or above Fire danger, except in designated places or by written permission.

EMERGENCY FIRE PRECAUTIONS (5/2008)

Contractor will restrict operations in accordance with the attached Emergency Fire Precaution

Schedule. When there is a predicted change, Forest Service shall inform the Contractor by 6:00 pm, Mountain Standard Time (7:00 pm MDT), of the predicted change in the Industrial Fire Precaution Plan. The U.S. Forest Service may adjust the predicted Industrial Fire Precaution Plan for local weather conditions on project Area. Changes in the predicted Industrial Fire Precaution Plan shall be agreed to in writing.

EMERGENCY FIRE PRECAUTION SCHEDULE

FIRE RESTRICTION/CLOSURE “STAGE”

“STAGED” RESTRICTION LEVELS INDUSTRIAL FIRE PRECAUTION PLAN

NO RESTRICTIONS A

STAGE I B

STAGE II C

STAGE III (PARTIAL FOREST CLOSURE) ** C or D

STAGE IV (TOTAL FOREST CLOSURE) D

RED FLAG WARNING

(Issued by National Weather Service)

D

** Partial Forest Closure:

o Project areas which are outside the boundaries of the partial forest closure may continue to operate under Industrial Fire Precaution Plan “C” operating criteria as agreed upon between the CO and Purchaser in writing.

o Project areas within the boundaries of the proclaimed partial forest closure area are to operate under Industrial Fire Precaution Plan “D”.

o Staged restriction levels are determined by the Line Officer in conjunction with Fire Management Officer(s) and Contracting Officer(s). The process is a mix of quantitative and subjective measures which allows Line Officers a broad level of discretion considering local conditions and issues when deciding to implement fire restrictions and/or area closures.

INDUSTRIAL FIRE PRECAUTION PLAN - DESCRIPTION

A - Normal Fire Precautions No fire guard required.

B - Normal Fire Precautions except designated areas for smoking and warming or cooking fires require a written permit. Purchaser will provide fire guard

C - All power saws and mechanical fellers except for mechanical fellers equipped with hydraulic shears will shut down from 9:00 am until 8:00 pm Mountain Standard Time (10:00 am to 9:00 pm MDT), except chainsaws may be used from 9:00 am until 2:00 pm Mountain Standard Time (10:00 am to 3:00 pm MDT), for limbing on landings cleared to mineral soil. Loading is authorized to continue from 12:00 noon until 2:00 pm, Mountain Standard Time (1:00 pm to 3:00 pm MDT), on landings cleared to mineral soil. Log hauling trucks must be out of the Project Area to a surfaced road by 2:00 pm, Mountain Standard Time (3:00 pm MDT). Shutdown from 12:00 noon until 8:00 pm Mountain Standard Time (1:00 pm to 9:00 pm MDT); all machine treatment of slash;

mechanical equipment used for shearing, bunching, or delimbing; skidding; cable yarding; blasting; welding;

metal cutting; and clearing. Operations on mineral soil involving road excavation, watering, grading, surfacing, rock crushing, and/or other equipment maintenance may continue. No smoking, warming or cooking fires are permitted at any time. Purchaser will provide fire guard.

D - Shutdown all operations; except operations on mineral soil involving road excavation, watering, grading, gravel surfacing, and rock crushing may continue with special Forest Service permit.

Noxious Weed

Contractor shall insure that all off-road equipment moved on to Lincoln National Forest Land under this is free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. For purpose of this provision, equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools will not be required. A current list of noxious weeds of concern to Forest Service is available at the District Ranger’s Office for this contract.

Equipment will also be cleaned prior to moving between units on this contract known to be infested with noxious weeds, and other units, if any, which are free of such weeds. Project Area Map shows such areas known by Forest Service prior to advertisement. Contractor shall employ whatever cleaning methods are necessary to ensure compliance with the terms of the clause and shall notify Contracting Officer at least 10 working days prior to moving each piece of equipment on to Lincoln National Forest Land, unless otherwise agreed. Notification will include identifying the location of the equipment’s most recent operations. If the prior location of the equipment cannot be identified, Contracting Officer may assume that it was infested with noxious weed seeds. Upon request of

Contracting Officer, arrangements will be made for Contracting Officer or Contracting Officer Representative to inspect each piece of equipment prior to it being placed in service.

Contractor shall certify in writing, compliance with the terms of this clause prior to each start-up of contract operations. Measures taken to ensure compliance for equipment present at start-up, and planned for equipment to be removed in later, will be identified. For the purpose of this clause “off-road equipment” include all tractors, feller-buncher, chippers, skidders and shredding machines except for pickup trucks, vans and cars or other highway vehicles used for daily transport of personnel.

If Contractor desires to clean equipment on Lincoln National Forest Land, such as at the end of a project prior to moving to a new project area, Contractor and Contracting Officer Representative shall agree on the methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

New infestations of noxious weeds of concern to Forest Service, identified by either Contractor of Forest Service, on Lincoln National Forest Land in the Project Area or on the route to the Project Area shall be promptly reported to the other party. Both parties shall agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found.

SECTION D- PACKAGING AND MARKING

{For this Solicitation there are NO clauses in this section}

SECTION E – INSPECTION AND ACCEPTANCE

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

AGAR 452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and or/services to be provided under this contract.

(b)The COR or a designated inspector will make periodic inspections as work progresses. The contractor may observe the inspection while it is being made.

(c)Acceptance of the work will be determined by 100% visual inspection and will be based on adherence to the specifications.

(d) Non-conformance with any of the specifications will classify the work as unsatisfactory and rework may be required to bring the work up to standard.

SECTION F – DELIVERIES AND PERFORMANCE

AGAR 452.211-74 Period of Performance (FEB 1998)

The period of performance for this contract is from (estimated) 09/27/2021 to 09/26/2022. There are four option items.

(Estimated Start Date)

SECTION G – CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled at a mutually agreed upon time and date. The conference will be held VIA teleconference.

Designation of Contracting Officer’s Representative The Contracting Officer upon award will designate in writing a Contracting Officer’s Representative (COR).

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract is effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor shall communicate with the Contracting Officer.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

Notification of Subcontracting The Contractor shall promptly the Contracting Officer upon entering into any subcontract arrangement. The notification shall include as a minimum:

1. The name, address and telephone number of the subcontractor.

2. The date upon which the subcontract was entered into and its duration.

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

Use of Premises The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business.

Public Officials not Personally Liable There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

Basis for Payment Payment will be based on a monthly basis or upon completion of services, in arrears, for all work satisfactorily inspected and accepted at the unit prices on the Schedule of Items.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

Site Visit Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Material Safety The Contractor shall not use or apply any chemicals that may be hazardous or have environmental concerns, without prior approval of the COR. Examples of chemicals: insecticides, pesticides and harsh cleaning agents.

Contractor must have on site, MSDS (Material Safety Data Sheets) sheets for all chemical products utilized.

USE OF RECOVERED MATERIALS AND BIOBASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management, “and the Federal Acquisition Regulation to provide bio based products.

The Contractor shall utilize products and material made from bio based materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered of the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal Specifications and standards.

All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative. Additionally the Contractor shall use recovered materials to the maximum extent possible.

The following is an example list of products that may be used in this contract for which bio based products or recovered materials are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of bio based products listed meeting the health and environmental specifications.

Janitorial cleaning products and supplies

All Purpose Cleaner Degreaser/Cleaner Heavy-duty Cleaner Deodorizer Carpet Shampoo Floor Finish Gum Remover Floor Finish Restorer Disinfectant Sanitizer Floor Sealer Extraction Fluid Furniture Polish Floor Stripper Glass Cleaner Neutral Cleaner (Liquid) Grout Sealer Stain Remover Stainless Steel Polish Laundry Detergent Toilet Bow Cleaner Bathroom Cleaner White Board Cleaner Brass Polish/Cleaner Wood Floor Cleaner Chrome Polish/Cleaner Liquid Hand Soap (Including Dispenser) Cream Cleaner Air Freshener (Including Dispenser) Solvent Lime & Scale Remover (Tub/Tile Cleaner) The Contractor shall comply with the provision of FAR 52.223-1, Bio based Product Certification, FAR 52.223-2, Affirmative Procurement of Bio based Products Under Service and Construction Contracts, and FAR 52.223-4 Recovered Material Certification.

Guide to minimum bio based content:

http://www.biopreferred.gov/files/BioPreferred%20Product%20Categories%20June%202013.pdf EPA’s list of designated products under the Comprehensive Procurement Guidelines:

http://www.epa.gov/waste/conserve/tools/cpg/products/index.htm

FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of bio based products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).

For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated bio based products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

SECTION I – CONTRACT CLAUSES

Contract Terms and Conditions

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): [Acquisition.GOV | www.acquisition.gov]

(End of clause) 52.202-1 Definitions- Definitions (Nov 2013) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2020) 52.212-1 Instructions to Offerors - Commercial Items. (Jul 2021) 52.212-4 Contract Terms and Conditions - Commercial Items. (Oct 2018) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020) 52.222-50 Combating Trafficking in Persons. (Oct 2020) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (Jun 2020) http://www.epa.gov/waste/conserve/tools/cpg/products/index.htm http://www.sam.gov/ https://www.acquisition.gov/

52.225-13 Restrictions on Certain Foreign Purchases. (Feb 2021) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (Jun 2020) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.237-1 Site Visit. (APR 1984) 52.242-15 Stop-Work Order. (AUG 1989) 52.242-17 Government Delay of Work. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (Jul 2021) 52.245-1 Government Property. (Jan 2017) 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) 52.249-1 -- Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984).

52.249-2-Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-8 -- Default (Fixed-Price Supply and Service) (Apr 1984).

452.204-70 Inquiries. (FEB 1988) 52.204-3 Taxpayer Identification. (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

[XX] TIN: _____________________.

[] TIN has been applied for.

[] TIN is not required because:

[] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[] Offeror is an agency or instrumentality of a foreign government;

[] Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

[] Sole proprietorship;

[] Partnership;

[] Corporate entity (not tax-exempt);

[] Corporate entity (tax-exempt);

[] Government entity (Federal, State, or local);

[] Foreign government;

[] International organization per 26 CFR 1.6049-4;

[] Other _________________________.

(f) Common parent.

[] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[] Name and TIN of common parent:

Name _____________________________

TIN ______________________________

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items. (Feb 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

https://www.sam.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.“Sensitive technology”—

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1) of this provision.] The offeror represents as part of its offer that it □is, □is not a veteran-owned small business concern.

http://www.sam.gov/ https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/41201-policy#i1121876

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements…