12817318B0002_IDIQ_Hazard_Brood_Tree_Removal.pdf

COMMERCIAL ITEMS (SERVICES) P a g e | 1 SOLICITATION NO.: 12817318B0002

APACHE-SITGREAVES NATIONAL FORESTS IDIQ HAZARD & BROOD TREE REMOVAL

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 76

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

12817318B0002

6. SOLICITATION ISSUE

DATE

12/22/17

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

WARREN ABBOTT

b. TELEPHONE NUMBER(No collect calls) 928-333-6344

8. OFFER DUE DATE/

LOCAL TIME

1/25/2018 4:00pm

MST

9. ISSUED BY CODE 10. THIS ACQUISITON IS

UNRESTRICTED OR SET ASIDE: 100 % FOR

SMALL BUSINESS WOMEN-

OWNED SMALL

BUSINESS

HUBZONE SMALL

EDWOSB

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN-

8(A)

SIZE STANDARD: $19.0 M OWNED SMALL BUSINESS

APACHE-SITGREAVES NATIONAL FORESTS

SUPERVISOR'S OFFICE - AQM

30 S. CHIRICAHUA DRIVE (POB 640)

SPRINGERVILLE, AZ 85938-0640

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

APACHE-SITGREAVES NFs SUPERVISOR'S OFFICE 30 S.

CHIRICAHUA DRIVE, SPRINGERVILLE, AZ 85938

16. ADMINISTERED BY

CODE

SAME AS BOX NO. 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

TELEPHONE N0.

18a. PAYMENT WILL BE MADE BY

CODE

ELECTRONIC FUNDS TRANSFER

THROUGH INVOICE PROCESSING PLATFORM:

WWW.IPP.GOV

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS

IN

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

BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANT

ITY

UNIT UNIT PRICE AMOUNT

B.1.1

SEE SCHEDULE OF ITEMS

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt.

Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5

ARE ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS

ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING

OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

WARREN ABBOTT

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 http://www.ipp.gov/

COMMERCIAL ITEMS (SERVICES) P a g e | 2 SOLICITATION NO.: 12817318B0002

THIS PAGE INTENTIONALLY LEFT BLANK

COMMERCIAL ITEMS (SERVICES) P a g e | 3 SOLICITATION NO.: 12817318B0002

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

B1 -- Base Year and Option Year 1:

Item No. Description Unit Est.

Qty

Campgrounds Located in Apache

– Greenlee Counties

Campgrounds Located in Navajo

– Coconino -- Gila

Counties

B1.1 Fell Hazard trees 16 inches DBH/DRC and larger, leave intact on-site. Fell Hazard trees 16 inches DBH/DRC and larger, leave intact on-site

Tree IDIQ

B1.2 Fell Hazard trees 6-15.9 inches DBH/DRC and larger, leave intact on-site. Fell Hazard trees 6-15.9 inches DBH/DRC, leave intact on-site

Tree IDIQ $ $

B1.3 Fell Hazard trees 16 inches DBH/DRC and larger, buck and haul all tree boles and slash to designated disposal area usually under 2 miles from origin (no chips)

Tree

IDIQ

B1.4 Fell Hazard trees 6-15.9 inches DBH/DRC, buck and haul all tree boles and slash to designated disposal area usually under 2 miles from origin (no chips)

B1.5 Fell Brood trees 16 inches DBH/DRC and larger, buck and haul all tree boles and slash to designated disposal area (2 to 5 mile haul from origin)

Tree IDIQ

B1.6 Fell Brood trees 6-15.9 inches DBH/DRC, buck and haul all tree boles and slash to designated disposal area (2 to 5 mile haul from origin)

Tree IDIQ

B1.7 Pruning Tree Tops and/or Limbs: May require lift truck, and/or climbing and rigging to ensure no damage to potential targets or live tree. Buck, pile, chip or scatter slash.

B1.8 ADDITIONAL WORK: Cut hazard trees 1.5 tree lengths away from road edge, along forest road corridors, buck the bole, chip, scatter and/or pile slash

Tree IDIQ

B1.9

ADDITIONAL WORK: Chipping of slash < 6 inches in diameter

B.10 ADDITIONAL WORK: Brood tree hauling over 5 miles from origin (non-salvage)

Truck load

IDIQ $ $

1. Directional falling will be required; this may include some rigging or other measures to ensure tree falls where needed.

2. Bucking lengths of the bole will be to contract/task order specifications.

COMMERCIAL ITEMS (SERVICES) P a g e | 4 SOLICITATION NO.: 12817318B0002

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

B2 – Option Year 2 (Year 3 of Contract Term – Pricing should reflect that an updated wage determination will apply):

CHECKLIST OF MINIMUM REQUIREMENTS

TO RESPOND TO THIS REQUEST FOR QUOTATIONS (RFQ)

_____ Provide business email to facilitate communications______________________________

_____ Provide your DUNS number________________________(must match SAM record)

_____ Offerors shall respond with the Return Packet and Evaluation Factors annotated in Section M along with any Reps and Certs that have changed outside of SAM.

Item No. Description Unit Est.

Qty

Campgrounds Located in Apache – Greenlee Counties

Campgrounds Located in Navajo –

Coconino -- Gila Counties

B2.1 Fell Hazard trees 16 inches DBH/DRC and larger, leave intact on-site. Fell Hazard trees 16 inches DBH/DRC and larger, leave intact on-site

Tree IDIQ

B2.2 Fell Hazard trees 6-15.9 inches DBH/DRC and larger, leave intact on-site. Fell Hazard trees 6-15.9 inches DBH/DRC, leave intact on-site

Tree IDIQ $ $

B2.3 Fell Hazard trees 16 inches DBH/DRC and larger, buck and haul all tree boles and slash to designated disposal area usually under 2 miles from origin (no chips)

B2.4 Fell Hazard trees 6-15.9 inches DBH/DRC, buck and haul all tree boles and slash to designated disposal area usually under 2 miles from origin (no chips)

B2.5 Fell Brood trees 16 inches DBH/DRC and larger, buck and haul all tree boles and slash to designated disposal area (2 to 5 mile haul from origin)

Tree IDIQ

B2.6 Fell Brood trees 6-15.9 inches DBH/DRC, buck and haul all tree boles and slash to designated disposal area (2 to 5 mile haul from origin)

Tree IDIQ

B2.7 Pruning Tree Tops and/or Limbs: May require lift truck, and/or climbing and rigging to ensure no damage to potential targets or live tree. Buck, pile, chip or scatter slash.

B2.8 ADDITIONAL WORK: Cut hazard trees 1.5 tree lengths away from road edge, along forest road corridors, buck the bole, chip, scatter and/or pile slash

Tree IDIQ

B2.9 ADDITIONAL WORK: Chipping of slash < 6 inches in diameter

B2.10 ADDITIONAL WORK: Brood tree hauling over 5 miles from origin (non-salvage)

Truck load

IDIQ $ $

1. Directional falling will be required; this may include some rigging or other measures to ensure tree falls where needed.

2. Bucking lengths of the bole will be to contract/task order specifications.

COMMERCIAL ITEMS (SERVICES) P a g e | 5 SOLICITATION NO.: 12817318B0002

Apache County Potential¹ Project Areas:

CG: Campground; DU: Day Use; TH: Trail Head ¹Potential Project areas are given for reference only of where work may occur, it is not guaranteed at each location that hazard trees will be identified for removal.

Work Item Springerville RD Unit of measure Work

Item Alpine RD Unit of measure

All Apache Trout CG Tree All Caldwell Cabin Tree

Rainbow CG Tree Horse Springs CG Tree

Grayling CG Tree West Fork Dispersed CG Tree

Brookchar CG Tree Hannagan CG Tree

Cutthroat CG Tree KP Cienega CG Tree

Hoyer CG Tree Deer Creek CG Tree

Benny Creek CG Tree Aspen CG Tree

South Fork DU Tree Alpine Divide CG Tree

Galbaldon CG Tree Luna Lake CG Tree

Homestead TH Tree Upper Blue CG Tree

Saffel TH Tree Blue Crossing CG Tree

Water Canyon TH Tree Aker Lake TH Tree

Mexican Hay Lake TH Tree KP Rim TH Tree

South Fork TH Tree Hannagan TH Tree

East Fork LCR TH Tree Buffalo Crossing CG Tree

West Fork LCR TH Tree Diamond Rock CG Tree

Butler Canyon Tree Optional – District wide Unspecified Location Tree

Pole Knoll TH Tree West Baldy TH Tree

Lightning Ridge TH Tree

West Fork Black River TH Tree

Indian Spring TH Tree

Squirrel Springs DU Tree

Big Lake Visitor Center Tree

Optional – District wide Unspecified Location Tree

COMMERCIAL ITEMS (SERVICES) P a g e | 6 SOLICITATION NO.: 12817318B0002

Greenlee County Potential¹ Project Areas (contained):

Work Item Clifton RD Unit of

All Stray Horse CG Tree Hagen Turnaround DU Tree Eagle Divide DU Tree Honeymoon CG Tree

Sheep Saddle DU Tree Rose Peak DU Tree Red Mountain Overlook DU Tree Upper Juan Miller CG Tree Lower Juan Miller CG Tree HL Saddle DU Tree

Sardine Saddle DU Tree Frisco Camp DU Tree Granville CG Tree Cherry Lodge DU Tree Chase Creek Overlook Tree Bear Track DU Tree

Coal Creek CG Tree Black Jack CG Tree Three Way Bicycle Stop Tree Optional – District wide

Unspecified Location Tree

CG: Campground; DU: Day Use; TH: Trail Head ¹Potential Project areas are given for reference only of where work may occur, it is not guaranteed at each location that hazard trees will be identified for removal.

COMMERCIAL ITEMS (SERVICES) P a g e | 7 SOLICITATION NO.: 12817318B0002

Navajo and Coconino Counties Potential¹ Project Areas:

Work Item Black Mesa RD Unit of measure Work

Item Black Mesa RD Unit of

All Chevelon Crossing CG Tree All Brookbank CA Tree Bear Canyon CG Tree Nelson Lake CA Tree

Rocky Point DU Tree Black Canyon DU Tree Spillway CG Tree Willow Springs DU Tree Woods Canyon Group CG Tree Larson Ridge CG & 237 CA Tree Aspen CG Tree 171 CA Tree Mogollon CG Tree 181 CA Tree Crook Group CG Tree 9512E CA Tree

Woods Canyon Vista Tree 9350 CA Tree Rim Lakes Vista Tree 195 CA Tree Military Sinkhole Vista Tree 169 CA Tree Rim CG Tree 9354 CA Tree Mogollon Rim Visitors

Center Tree 84 CA Tree

Al Fulton Point DU Tree 89 CA Tree Sinkhole CG Tree Hart Canyon GC Tree Willow Springs Lake Tree Eubank GC Tree Canyon Point CG Tree Slim Jim GC Tree Chevelon Canyon Lake CG Tree 210 GC Tree Black Canyon Rim CG Tree 122 GC Tree Gentry CG Tree Optional – District wide

Unspecified Location Tree

CG: Campground; CA: Camping Area; GC: Group Camp; DU: Day Use area; TH: Trail Head ¹Potential Project areas are given for reference only of where work may occur, it is not guaranteed at each location that hazard trees will be identified for removal.

COMMERCIAL ITEMS (SERVICES) P a g e | 8 SOLICITATION NO.: 12817318B0002

Navajo County Potential¹ Project Areas (continued):

Work Item Lakeside RD Unit of measure Work

Item Lakeside RD Unit of

All Lewis Canyon Group CG Tree All Los Burros #1 TH Tree Pintail Lake Observation

Site Tree Los Burros #2 TH Tree

Fool Hollow Lake Rec Site Tree Four Springs TH Tree Scott Reservoir CG Tree Rim Trail TH Tree Lakeside CG Tree Big Springs Interpretive

Site Tree Optional – District wide

Unspecified Location Tree

Woodland Lake Park Tree Los Burros CG Tree Brown Creek CA Tree Naegle Ranch Area CA Tree Juniper Ridge #1 TH Tree Juniper Ridge #2 TH Tree Ghost of the Coyote TH Tree Los Caballos TH Tree Linden TH Tree Buena Vista TH Tree Timber Mesa TH Tree Panorama TH Tree Ice Cave TH Tree Billy Creek TH Tree Blue Ridge #1 TH Tree Blue Ridge #2 TH Tree Springs TH Tree Country Club TH Tree Sky Hi TH Tree Land of the Pioneers TH Tree

CG: Campground; CA: Camping Area; GC: Group Camp; DU: Day Use area; TH: Trail Head ¹Potential Project areas are given for reference only of where work may occur, it is not guaranteed at each location that hazard trees will be identified for removal.

COMMERCIAL ITEMS (SERVICES) P a g e | 9 SOLICITATION NO.: 12817318B0002

B.3 Unique Features: Within the Project Area protected improvements exist which will not be damaged during contractor operations and are listed below.

Protected Improvements

Description Location

Fences Upright and fair condition multi-strand smooth or barb wire with wood or steel posts. Wood constructed buck and rail

As located throughout project areas

Gates Gates, Cattle Guards As located throughout project areas.

Roads and Ditches Road Prisms and Water Ditches, Pavement As located throughout project areas.

Powerline and Water and Sewer Lines

Powerline and poles, buried utility lines, water lines and sewer lines, and related structures

As located throughout project areas.

Facilities Picnic Tables, Outhouses & Air Vents, Water Faucets, Shower Stations, Fire Rings and Grills, Garbage Containers, Directional Posts, Site Identification Posts, Kiosks, Parking lots, Parking Barriers, Tent Pads, Information Boards, Pay Station Facilities, Boat Ramp Facilities, Bridges, Hand Pumps, Propane Tanks, Cabins, Towers, Flagpoles, Weather Stations, Cisterns, Social Trails, Flower Boxes, Hanging Racks, Planted and Staked Trees, General Buildings and Signs of all kinds, All Improvements Not Owned by the Forest Service.

As located throughout project areas.

Best Value Selection for Task Orders: Government will offer/assign/obligate Task Orders in accordance with the Best Value ranking that will be determined by the Contracting Officer after the Evaluation and Award process.

Right of First Refusal: Awarded Contractors may refuse a Task Order offered/assigned by the Government with the understanding that the minimum guarantee is considered met with the first Task Order offered by the Government each Fiscal Year. Once a Task Order is accepted and obligated, Awarded Contractor is required to complete the work of the Task Order or be subject to default as defined in FAR 52.249-8 Default (Fixed-Price Supply and Service) APR 1984.

COMMERCIAL ITEMS (SERVICES) P a g e | 10 SOLICITATION NO.: 12817318B0002

52.212-4 -- CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.

The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.

If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

COMMERCIAL ITEMS (SERVICES) P a g e | 11 SOLICITATION NO.: 12817318B0002

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.

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

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate

COMMERCIAL ITEMS (SERVICES) P a g e | 12 SOLICITATION NO.: 12817318B0002 established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

COMMERCIAL ITEMS (SERVICES) P a g e | 13 SOLICITATION NO.: 12817318B0002 purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

COMMERCIAL ITEMS (SERVICES) P a g e | 14 SOLICITATION NO.: 12817318B0002

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause) https://www.acquisition.gov/

COMMERCIAL ITEMS (SERVICES) P a g e | 15 SOLICITATION NO.: 12817318B0002

ADDENDUM TO 52.212-4 -- CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2017).

52.204-7 -- System for Award Management (Oct 2016).

(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) database” 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 the SAM database;

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

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

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

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

(b)

(1) By submission of an Offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer.

The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

52.204-8 -- ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017).

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 115310.

(2) The small business size standard is $19.0M [FUELS MANAGEMENT].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) http://www.sam.gov/ http://www.sam.gov/

COMMERCIAL ITEMS (SERVICES) P a g e | 16 SOLICITATION NO.: 12817318B0002

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204- 7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

COMMERCIAL ITEMS (SERVICES) P a g e | 17 SOLICITATION NO.: 12817318B0002

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.204-20, Predecessor of Offeror.

___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- -Certification.

___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vii) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

(End of Provision)

52.204-9 -- Personal Identity Verification of Contractor Personnel (Jan 2011).

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

COMMERCIAL ITEMS (SERVICES) P a g e | 18 SOLICITATION NO.: 12817318B0002

52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS

(NOV 2017).

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

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 2016) (Pub. L. 109-282) (31 U.S.C.

6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business…