12817318R0004_2018_PJ_IDIQ_Revised.pdf

IDIQ RFP SERVICES REVISED Page 1 of 83 SOL# 128173R0004 APACHE-SITGREAVES NFs

2018 PJ & OTHER SPECIES FUEL REDUCTION IDIQ

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 83 (REVISION 1)

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

12817318R0004

6. SOLICITATION ISSUE

DATE

02/202018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

WARREN ABBOTT

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

8. OFFER DUE DATE/

LOCAL TIME

03/29/2018 4:00 PM

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

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 IS CHECKED

OFFER

SEE ADDENDUM

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

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTIT

Y

UNIT UNIT PRICE AMOUNT

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED .. YOUR OFFER ON SOLICITATION

(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 http://www.ipp.gov/

IDIQ RFP SERVICES REVISED Page 2 of 83 SOL# 128173R0004

CHECKLIST OF MINIMUM REQUIREMENTS

TO RESPOND TO THIS REQUEST FOR PROPOSALS (RFP)

_____ Request For Proposals (RFP) Return Package (Be sure to include Schedule of Items; Past

Performance and Technical Capability; See Evaluation Factors, Section M)

_____ Provide your business email to facilitate electronic communications _________________________

_____ Provide your DUNS number____________________

_____ Provide your MSWPA number__________________ (MWSPA card copy required after award)

_____ Register or maintain yearly registration in System for Award Management

IMPORTANT NOTES:

Task Orders: Will be awarded if funding is provided by Congress, each fiscal year, over the life of the contract.

Individual Task Orders will be issued for various project areas. Performance specifications may vary by task order. All acreages will be measured using a “Geographical Position System” (GPS) and are determined on a horizontal plane within plus or minus Five Percent (5%). This 5% variation in acreage shall not require a decrease in total funds allocated to a Task Order, nor shall any additional funding be added to cover an increase in acreage for the same variation.

Best Value Selection for Task Orders: Government will use the Fair Opportunity procedure for Indefinite Delivery / Indefinite Quantity contracts to award/obligate Task Orders.

Minimum Guarantee: The minimum guarantee (See Ordering Clauses) for each awarded contract under the IDIQ shall be one-time $2,000 for life of contract.

Right of First Refusal: Awarded Contractors may refuse a Task Order offered/assigned by the Government. Any exercise of right of first refusal, by an individual contractor, shall qualify as the minimum guarantee being met for that contractor’s awarded IDIQ.

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.

WAGE DETERMINATION CLARIFICATION – Each year when the Service Contract Act Wage Determination is updated by Department of Labor, the applicable wage determination will be incorporated into the IDIQ Contract, replacing the previous years. Offerors shall factor into their pricing, over the life of the contract, that US DEPARTMENT OF LABOR WAGE DETERMINATION NO. 1977-0211 for Forestry may change each year requiring a minor increase in hourly wage and/or benefits required. All schedule line items are covered by the applicable Service Contract Wage Determination.

IDIQ RFP SERVICES Page 4 of 83 SOL# 128173R0004

PART I – THE SCHEDULE SECTION B – SERVICES AND PRICES

IDIQ – MARCH 1, 2018 THROUGH SEPTEMBER 30, 2021

WAGE DETERMINATION CLARIFICATION – Each year when the Service Contract Act Wage Determination is updated by Department of Labor, the applicable wage determination will be incorporated into the IDIQ Contract, replacing the previous years. Offerors will need to factor into their pricing that US DEPARTMENT OF LABOR WAGE DETERMINATION NO. 1977-0211 for Forestry may change each year requiring a minor increase in hourly wage and/or benefits required. All schedule line items are covered by the applicable Service Contract Wage Determination.

B1 SCHEDULE OF LINE ITEMS

Item No.

Description

Unit

Est Qty

Unit Prices Black Mesa

Ranger District

Unit Prices Lakeside

Ranger District

Unit Prices Springerville

Ranger District

Unit Prices Clifton Ranger

District

Unit Prices Alpine Ranger

District

B1.1

Hand thin and lop live and dead pinyon, juniper, and shrubs

Acre

IDIQ

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

B1.2

Hand thin live and dead pinyon, juniper, and shrubs. Hand pile the slash.

Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______

B1.3

Thin live and dead pinyon, juniper, and shrubs.

Remove and properly dispose all slash from site.

Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______

B1.4

Thin live and dead pinyon, juniper, and shrubs.

Machine pile slash

Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______

B1.5

Remove live and dead pinyon, juniper, and shrubs, including the roots. Machine pile slash

Acre IDIQ Low1:$______ Low2:$______

Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______

IDIQ RFP SERVICES Page 5 of 83 SOL# 128173R0004

B1 SCHEDULE OF LINE ITEMS CONTINUED

Black Mesa

Ranger District

Unit Prices Lakeside

Ranger District

Unit Prices Springerville

Ranger District

Unit Prices Clifton Ranger

District

Unit Prices

B1.6

Masticate live and dead pinyon, juniper, and shrubs.

Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______

B1.7

Thin and chip live and dead pinyon, juniper, and shrubs.

Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______

B1.8

Thin and chip live and dead pinyon, juniper, and shrubs. Plus: Remove and properly dispose of all chips from site

Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______ Med:$______ High:$______

Low1:$______ Low2:$______

IDIQ RFP SERVICES Page 6 of 83 SOL# 128173R0004

B2 SCHEDULE OF LINE ITEMS:

Black Mesa

Ranger District

Unit Prices Lakeside

Ranger District

Unit Prices Springerville

Ranger District

Unit Prices Clifton Ranger

District

Unit Prices

B2.1 dead ponderosa pine

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

B2.2 Hand thin live and dead ponderosa pine. Hand pile all slash.

Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

B2.3 Thin and remove live and dead ponderosa pine.

Remove and properly

Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______

High:$_____

B2.4

Thin live and dead ponderosa pine. Machine pile slash.

Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

B2.5 Thin and masticate live and dead ponderosa pine

Med:$______ High:$_____

Low:$______ Med:$______ High:$______

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

B2.6 Thin and chip live and dead ponderosa pine up

Med:$______ High:$_____

Low:$______ Med:$______ High:$______

Low:$______ Med:$______ High:$______

Low:$______ Med:$______ High:$_____

Low:$______

IDIQ RFP SERVICES Page 7 of 83 SOL# 128173R0004

B3 SCHEDULE OF LINE ITEMS:

Black Mesa

Ranger District

Unit Prices Lakeside

Ranger District

Unit Prices Springerville

Ranger District

Unit Prices Clifton Ranger

District

Unit Prices

B3.1 dead mixed conifer/spruce-fir

Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

B3.2 Hand thin live and dead mixed conifer/spruce-fir.

Hand pile all slash.

Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

B3.3 Thin and remove live and dead mixed conifer/spruce-fir. Remove and properly

Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______

B3.4

Thin live and dead mixed conifer/spruce-fir. Machine pile slash.

Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

B3.5 Thin and masticate live and dead mixed conifer/spruce-fir.

Med:$______ High:$_____

Low:$______ Med:$______ High:$______

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

B3.6 Thin and chip live and dead mixed conifer/spruce-fir.

Med:$______ High:$_____

Low:$______ Med:$______ High:$______

Low:$______ Med:$______ High:$______

Low:$______ Med:$______ High:$_____

Low:$______

IDIQ RFP SERVICES Page 8 of 83 SOL# 128173R0004

B4 SCHEDULE OF LINE ITEMS:

Black Mesa

Ranger District

Unit Prices Lakeside

Ranger District

Unit Prices Springerville

Ranger District

Unit Prices Clifton Ranger

District

Unit Prices

B4.1

Prune juniper trees from ground level

Tree

Low:$______ Low:$______ Low:$______ Low:$______ Low:$______

B4.2 Prune pinyon, ponderosa pine, and mixed conifer/spruce-fir trees from ground level

Tree

High:$_____

Low:$______ High:$_____

Low:$______ High:$_____

Low:$______ High:$_____

Low:$______ High:$_____

B4.3 Masticate or chip previously piled material and downed trees.

Acre IDIQ Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

B4.4 Masticate or chip previously piled material in addition to thinning live and dead trees of multiple species.

Acre IDIQ Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______ Med:$______ High:$_____

Low:$______

IDIQ RFP SERVICES Page 9 of 83 SOL# 128173R0004

B5 SCHEDULE OF LINE ITEMS:

Added Difficulty

Est Qty

Price Adjustment

All Zones

B5.1

Work performed on slopes with grades in excess of 35 percent.

Task Order Unit Acres

Additional charge to Task Order acres affected (By percent) __________%

B5.2

Walk in from nearest accessible road that exceeds ½ mile.

Unit Acres

Additional charge to Task Order acres affected (By percent) __________%

B5.3

Mobilization to N.F. Lump sum price includes all costs associated with one-time charge to a task order transport and initial set-up to perform work on a task order in any of the Zones

Mobilization Point: (address):_______________________________________

Mobilization

COMPLEXITY LEVEL DESCRIPTIONS FOR PINYON-JUNIPER (B1):

-Low1- Trees/shrubs are generally less than 10ft tall and/or less than 7 inch Diameter Root Collar (DRC). These areas will generally consist of cutting less than 50 trees/shrubs per acre. These areas have likely been treated in the past, with the goal of restoring back to grassland.

-Low2- Trees/shrubs are generally less than 10ft tall and/or less than 7 inch DRC. These areas will generally consist of cutting 50 to 100 trees/shrubs per acre. These areas have likely been treated in the past, with the goal of restoring back to grassland.

-Medium- Trees are generally greater than 10ft tall and/or greater than 12 inch DRC. These areas typically have 50 to 100 trees/shrubs per acre. Treatment will encompass leaving up to 20 trees/shrubs per acre standing, cutting the rest. These areas have not likely been treated in the past, with the goal of restoring back to Pinyon-Juniper woodland.

-High- Trees are generally greater than 10ft tall and/or greater than 12 inch DRC. These areas will generally consist of cutting 50 to 100 trees/shrubs per acre. These areas have not likely been treated in the past, with the goal of restoring to grassland.

IDIQ RFP SERVICES Page 10 of 83 SOL# 128173R0004

COMPLEXITY LEVEL DESCRIPTIONS FOR PONDEROSA PINE AND MIXED CONIFER/SPRUCE-FIR (B2 AND B3):

-Low – Least amount of work involved. Examples: Cut average 1-250 trees per acre (TPA) and treat created slash. Existing tree stocking across the unit is predominantly open and/or easy for work to progress quickly. Simple leave-tree selection criteria, like cutting all trees under a maximum diameter, or tree selection is already painted by the USFS. Most trees to cut and treat are in a size class easiest for the contractor to handle and may range up to 9” Diameter at Breast Height (DBH).

-Medium – Moderate amount of work involved. Examples: Cut average 251-1000 TPA and treat created slash. Existing tree stocking across the unit is dense enough that work would progress at a slower pace than the “Low” complexity level. Moderate leave-tree selection criteria, like bole spacing combined with tree species preferences and/or tree health considerations. Most trees to cut and treat are in a size class somewhat more difficult than the “Low” level for the contractor to handle and may range up to 9” DBH.

-High – Most amount of work involved. Examples: Cut average 1001+ TPA and treat created slash. Existing tree stocking across the unit is sufficiently dense that work would progress at an abnormally slow pace. Complex leave-tree selection criteria, like bole spacing combined with tree species preferences combined with tree health and/or tree form criteria. Most trees to cut and treat are in a size class most difficult for the contractor to handle and may range up to 12 inch DBH.

COMPLEXITY LEVEL DESCRIPTIONS FOR PRUNING TREES (B4):

-Low – Trees will be pruned from ground level up to 5 feet. The majority of these limbs will be less than 5 inch diameter. These trees can all be cut from the ground using a chainsaw or other methods.

-High – Most amount of work involved. These trees may be pruned up to 60 feet from the ground. These trees may require use of a bucket truck, pole saw, or other methods to cut limbs that can range up to 10 inch in diameter.

COMPLEXITY LEVEL DESCRIPTIONS FOR MASTICATING OR CHIPPING PILES AND/OR LOPPED AND SCATTERED VEGETATION (B4):

-Low – Previously built piles and scattered dead vegetation/material occurs on less than 50% of the treatment area. Piles are well built and easy to access by equipment. There are less than 50 residual small diameter tree stumps left on the ground per acre that could interfere with equipment movement in the project area.

-Medium – Moderate amount of work involved. Previously built piles and scattered dead vegetation/material occurs on less than 75% of the treatment area. Piles are not well built but are easy to access by equipment. There is more scattered/lopped material on the ground than at a low level. There are between approximately 50 - 100 residual small diameter tree stumps left on the ground per acre that could interfere with equipment movement in the project area.

IDIQ RFP SERVICES Page 11 of 83 SOL# 128173R0004

-High – Most amount of work involved. Previously built piles and scattered dead vegetation/material occurs on greater than 75% of the treatment area. Piles are not well built and may be difficult to access by equipment. Ground surface is almost completely covered with scattered/lopped material. There is over 100 residual small diameter tree stumps left on the ground per acre that could interfere with equipment movement in the project area.

Complexity Note: Government estimated complexity levels will be specified for each Task Order in the Project Level Information form.

Contractors’ proposed plan of operation may affect the complexity level for a Task Order. Adjustments or changes will be made to determine the level acceptable to the Government.

CERTIFICATION OF OFFER AND SUBMISSIONS FOR THIS REQUEST FOR PROPOSALS:

VENDOR COMPANY NAME:___________________________________________________

AUTHORIZED TO SIGN (NAME & TITLE):_________________________________________________

SIGNATURE:__________________________________________ DATE:______________________

IDIQ RFP SERVICES Page 12 of 83 SOL# 12817318R0004

PART I – THE SCHEDULE

SECTION C – CONTRACT CLAUSES

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

(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.

IDIQ RFP SERVICES Page 13 of 83 SOL# 12817318R0004

(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 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

IDIQ RFP SERVICES Page 14 of 83 SOL# 12817318R0004 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.

(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.

https://www.acquisition.gov/

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(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)

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.

http://www.sam.gov/

IDIQ RFP SERVICES Page 16 of 83 SOL# 12817318R0004

(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)

(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.

IDIQ RFP SERVICES Page 17 of 83 SOL# 12817318R0004

(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.

(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.

IDIQ RFP SERVICES Page 18 of 83 SOL# 12817318R0004

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…