Revised Terms and Conditions Columbia Basin Pest-Weed Control.docx

TABLE OF CONTENTS

PART CONTENTS PAGE

I Schedule - Pricing 2-4

II CONTRACT CLAUSES 5-13

FAR 52.212-4, Contract Terms and Conditions - Commercial Items FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders

III CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS 14-20

Scope of Work / Performance Work Statement

Attachments (Separate Documents and are incorporated herein, ten (10 pages)

NOTE: This acquisition utilizes Simplified Acquisition procedures. (insert if SAP)

CONTINUATION OF STANDARD FORM 1449

Continuation of Blocks 19 through 24 (Schedule of Services):

Provide all management, supervision, labor, supplies, materials, and equipment (except as otherwise specified herein); and plan, schedule, and coordinate as necessary to ensure effective performance of all services as specified herein. The Contractor shall be fully responsible for providing Trash Removal Services as indicated herein for the location listed below:

Columbia Basin Job Corps Center 6739, 24th Ave Moses Lake, WA 98837

ESTIMATED QUANTITIES – The quantities listed below are the Government’s best estimates based upon past experience. The Contractor will be paid based upon the actual work performed pursuant to the Performance Work Statement.

Prices for all years shall be based on the Wage Determination in Exhibit 1. The Contractor shall not include any contingencies for increased labor costs for which adjustments are provided through FAR 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment clause.

Contractor personnel will perform all work required in the Performance Work Statement (PWS) for the amounts agreed to below, excluding Federal holidays. Provision of services must comply with PWS requirements and performance schedules shall be agreed to through coordination with Center personnel.

SCHEDULE OF SERVICES

19.

ITEM NO.

20.

SCHEDULE OF SERVICES

21.

ESTIMATED QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

BASE YEAR SERVICES – 06/01/2020 – 05/31/2021

19.

ITEM NO.

20.

SCHEDULE OF SERVICES

21.

ESTIMATED QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD ONE (1) SERVICES - 06/01/2021 – 05/31/2022

19.

20.

SCHEDULE OF SERVICES

21.

ESTIMATED QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD TWO (2) SERVICES - 06/01/2022 – 05/31/2023

19.

20.

SCHEDULE OF SERVICES

21.

ESTIMATED QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD THREE (3) SERVICES - 06/01/2023 – 05/31/2024

19.

20.

SCHEDULE OF SERVICES

21.

ESTIMATED QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD FOUR (4) SERVICES - 06/01/2024 – 05/31/2025

TOTAL BASE AND ALL OPTIONS: $

* This total amount for this portion will be listed as a Not-To-Exceed Value, based the amount proposed by contractor, and the Center’s estimated needs, and total amount may increase/decrease over the Period of Performance.

EA – Each – Billed will services are completed LS – Lump Sum – Can be billed monthly based on services performed.

PART II – CONTRACT CLAUSES

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

https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html

2.3 AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

2.4 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contract Manager

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

2.5 AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

2.6 REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.

2.7 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAR 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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:

[Contracting Officer check as appropriate.] ___ (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 (Apr 2010) (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Aug 2013) (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).

_X__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (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 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

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

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

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

_X__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

2.8 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price as a result of this Request for Quote.

2.9 FAR 52.217-8 - Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days of Period of Performance End Date (End of Clause)

2.10 FAR 52.217-9 - Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of Clause)

PART III – Contract Documents, Exhibits, and Attachments

PERFORMANCE WORK STATEMENT

Columbia Basin Job Corps Center

3.1 INTRODUCTION

Job Corps is a national residential training and employment program administered by the Department of Labor to address the multiple barriers to employment faced by disadvantaged youth throughout the United States. The Economic Opportunity Act of 1964 originally established Job Corps; current authorization for the program is Title I, Chapter 6, Subtitle C, of the Workforce Investment Act of 1998.

3.2 BACKGROUND

Job Corps provides educational and occupational skills training and support services to youth between 16 and not yet 25 years of age. The unique combination of services provided in the Job Corps program is intended to better prepare youth to obtain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the Armed Forces.

The Workforce Investment Act (WIA) mandates that Job Corps graduates be provided with transition, placement, and support services for one year following initial placement. WIA also requires that the placement status and wages of graduates be measured at six- and twelve-month intervals after the graduates are placed, and that Job Corps operator be evaluated in part on the basis of these performance measures.

The U.S. Department of Agriculture Forest Service operates 28 Job Corps Center nationally, through an interagency agreement with the Department of Labor.

3.3 PURPOSE

The Columbia Basin Job Corps Center has a need for a contractor to provide herbicide, pesticide and fertilizer application services between the spring and the fall. The pest control services include ant and spider control, at least two times per year, and may include as needed rodent and additional pest control services as designated by center.

The contractor must also be capable of providing and applying pre-emergent weed control to designated areas (approximately 11 acres) and apply fertilizer/broadleaf control services to all grassy areas (approximately 16 acres) at the Columbia Basin Job Corps Center. The weed control services should be applied in the spring and throughout the growing season as needed.

3.4 PLACE OF PERFORMANCE

Normal operational hours are from 8:00 am to 4:00 PM Pacific Time, Monday through Friday.

No work shall occur when the Government facility is closed due to local or national emergencies, administrative closings, weather related closings, Federal Holidays, or Government directed facility closings.

3.5 TASKS

A. Pest Control Services - The Contractor shall treat the following areas on a semi-annual basis.

· Food Service Area bldg. #2401

· Recreation bldg. #1903

· Dormitories bldgs. # 1903, 2403, 2406, 2407, 2408

· Health Services bldg. 2404

· Hard Trades buildings on Forbes Rd. bldgs. 3604, 3606, 3601 and 3607

· Education bldg. #2409

The treatments shall include, but is not limited to, spray treatment and traps in above listed buildings. Treatment shall include but not limited to the control of roaches, spiders, ants. The exterior of the Dining hall/kitchen/ culinary arts building #2401shall be treated to control ants that could enter the Food Service Area.

The treatment must meet all applicable Federal, State and Local standards for Food Service Areas. Proper procedures must be followed if applications take place during work hours. The AWPO will be notified ahead of time on when spraying is to be conducted in order for staff to be informed.

Twice a year the contractor shall be responsible for applying pesticides to keep ants and spiders out of all other identified Columbia Basin Job Corps CCC buildings. The Pesticides must meet all applicable Federal, State and Local Standards. Application shall occur in the appropriate month for spring and fall control.

The Contactor shall be responsible for pre-treating if necessary.

B. As requested Pest control services - the Contractor may need to provide additional services in an effort to execute effective pest control at the center. These services may include additional buildings or areas not listed above, extra spraying for bees, wasps, and other insects that is not covered elsewhere in this contract. All additional work not specifically covered in the aforementioned scope of work, must be coordinated with center personnel prior to commencement.

C. Herbicide/Fertilizer Services - Beginning in the spring and/or start of growing season, the contractor shall apply fertilizer/broadleaf control to all of the grassy areas (approximately 16 acres) at the Columbia Basin Job Corps Center. The application of fertilizer/broadleaf control shall be in accordance with manufactures specifications.

During the same timeframe the contractor shall apply herbicide (weed killer) to approximately 11 acres of gravel area in order to sterilize and minimize weed growth.

The Contractor shall furnish all the necessary supervision, management, personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Performance Work Statement (PWS).

The Contractor shall work with the Contracting Officers Representative (COR)/Point-of-Contact (POC) to determine the areas to be sprayed prior to the application of pesticides so center personnel can be notified not to enter said work area.

3.6 CONTRACTOR QUALIFICATIONS/RESPONSIBILITIES

· Contractor must be licensed by State of Washington to apply pesticides in food service areas. Pesticides must meet all applicable Federal, State, and Local standards and laws.

· The contractor shall provide and maintain all vehicles necessary to perform the requirements of this contract. Contractor vehicles shall have the company name and phone number prominently displayed on both sides of the vehicle and shall be maintained clean to present a neat, professional appearance. The contractor shall ensure sufficient vehicles are dedicated to the performance of all requirements of this Performance Work Statement, as vehicle breakdown will not be an acceptable excuse for non-performance.

· All vehicles shall be registered, insured, and operated in accordance with state traffic regulations by a properly licensed driver.

· The contractor is responsible for adherence to all Occupational Safety and Health Administration (OSHA) Regulation, specifically Sections 1910 - Subpart H – Hazardous Materials, 1910 – Subpart I – Personal Protective Equipment, 1910 – Subpart Z – Toxic and Hazardous Substances, 1910.1200 – Hazard Communication, as they apply to products and services being provided.

3.7 CONTRACTOR PERSONNEL

3.7.1 Contractor Point of Contact (POC): The contractor shall provide the CO and COR with telephone number(s) where service calls and complaints can be reported. The contractor shall also provide the names and phone/pager numbers of contractor POCs for after business hours including nights, weekends, and holidays. This information will be kept updated by the contractor whenever personnel changes occur.

3.7.2 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. Prior to start of the contract, the name of this person and an alternate(s) who can act for the contractor when the manager is absent shall be designated in writing to the CO.

The contract manager or alternate shall be available within 1 hour during normal government duty hours Monday through Friday (8:00 a.m. – 4:00 p.m. MST) to meet with Government personnel designated by the COR to discuss problem areas. After normal government duty hours, the contract manager or alternate shall be available within 2 hours to meet with Government personnel. Meetings may be telephone or teleconference.

The contract manager and alternate(s) shall be able to read, write, speak, and understand English.

3.7.3 Employees: Contractor personnel shall present a neat appearance and be easily recognized. This may be accomplished by wearing distinctive clothing bearing the name of the company or by bearing appropriate badges that contain the company name and employee name.

3.7.4 The contractor shall not employ any person who is an employee of the United States Government, if employing that person would create a conflict of interest.

3.8 QUALITY ASSURANCE

The government will evaluate the contractor’s performance by appointing a Contracting Officers Representative (COR) and/or Point-of-Contact (POC) to monitor performance to ensure services are received. The COR/POC will evaluate the contractor’s performance through inspections after services are performed. The Government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints.

Likewise, the government may decrease the number of quality control inspections if performance dictates. The government will also receive and investigate complaints from customers using the sties, the COR/POC shall determine the validity of customer complaint(s) and the government will notify the contractor accordingly. Inspection of work shall be conducted by the COR/POC. Successful performance shall be evaluated by receiving no notices of ant or spider problems in the buildings that are treated.

3.9 BIOBASED AND SUSTAINABLE PRODUCTS

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that are required for performance of this service contract.

· Agricultural Spray Adjuvants – 50% minimum Biobased Content

· Animal Repellents – 79% minimum Biobased Content

· Fertilizers – 71% Minimum Biobased Content

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

3.10 DEFINITIONS

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

Agricultural Spray Adjuvants – Products mixed in the spray tank with the herbicide, pesticide, or fertilizer formulas that will improve the efficiency and the effectiveness of the chemicals, including sticking agents, wetting agents, etc.

Animal Repellents- Products used to aid in deterring animals that cause destruction to plants and/or property

Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Fertilizers – Products formulated or processed to provide nutrients for plant growth and/or beneficial bacteria to convert nutrients into plant usable forms. Biobased fertilizers, which are likely to consist mostly of biobased components, may include both biobased and chemical components.

Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

3.11 HOURS OF OPERATION

Services will be limited to between the hours of 8:00 AM and 4:00 PM Pacific Time.

No services shall not be performed on the following Government holidays, and shall be performed on the next business day:

New Year’s Day – January 1st Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Independence Day – July 4th Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

3.12 GOVERNMENT FURNISHED PROPERTY

No Government furnished property. The contractor shall furnish everything needed to perform the work requirements as stated in this Performance Work Statement.

3.13 INVOICES

An itemized invoice shall be submitted bi-weekly/monthly or upon expiration of the Contract (whichever occurs first), for all products provided during the bi-weekly/monthly billing period, and for which payment has not been received. These invoices shall be submitted in accordance with Section 3.17 below. Any failure on the part of the contractor to submit a proper invoice shall result in the rejection of the submitted invoice and delays in the payment being received to the contractor.

3.14 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION

A. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to amend, modify, or deviate from the contract. Other responsibilities may be delegated to authorized representatives.

B. Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to;

3.15 PERIOD OF PERFORMANCE

The contractor shall begin performance immediately upon award, and continue through until contact completion, cancelation or termination. These are estimated dates, and the actual dates will be determined at award.

3.16 AGENCY CONTACTS/AUTHORIZED TO ORDER SERVICES

Administrative Contracting Officer (ACO)

Jennifer McCord – 303-275-5393 or email to jennifermccord@usda.gov

3.17 INVOICING PROCEDURES

A. Invoices. In addition to the clause language in FAR 52.212-4, the following direction is provided:

1) Invoices shall be submitted on a monthly basis, no later than ten (10) days following the period being invoiced;

2) Invoices shall include only those products provided during the billing period;

3) Invoices shall bill by Line Items as listed in the Schedule of Items;

4) Billing rates shall be in accordance with the firm-fixed rates listed in the Schedule of Items.

B. Effective February 24, 2014 all invoices are required to be submitted through the Department of Treasury’s Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

3.18 QUALITY ASSURANCE PLAN /TECHNICAL REQUIREMENTS

The Contractor will receive performance evaluations in accordance with the Quality Assurance Surveillance Plan for this program, which shall be provided to the Contractor by the CO or the COR. Performance evaluations will include evaluation of the following:

3.19 ATTACHMENTS

PART IV -- SOLICITATION PROVISIONS AND QUOTE SUBMISSION INSTRUCTIONS

(This section will be removed at time of award)

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

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

http://farsite.hill.af.mil/

4.2 FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (APR 2014)

4.3 FAR 52.212-2 – EVALUATION – COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

4.3.1. TECHNICAL CAPABILITY

· Experience: including corporate experience and Government related experience, quality control plan, safety plan, proposed equipment, etc.

· Insurance: Whether Offeror included proof of insurance required for working on a Government installation

· Active System for Award Management (SAM) Registration

· Material/Product Information Documentation that will be used in performance of this contract

· Biobased Purchasing –

· This aspect of the evaluation is to determine how well Offerors utilize Biobased Products where applicable. The evaluation will include a review of list of products submitted via quote and/or SAM, Certification, and Operation Plan, and/or statement regarding their use or non-application.

4.3.2. PAST PERFORMANCE

– Verification of the facts (contract, period of performance, type of work performed) regarding any recent and relevant past performance information based on three (3) references provided with quote submission questionnaire, which may include verification of:

· Quality/timeliness of services

· customer satisfaction

· performance related issues

· etc.

· Verification of Past Performance through Government systems such as Past Performance Information Retrieval System (PPIRS).

Those not submitting past performance information or who have negative past performance may not be considered for award.

4.3.3. PRICE AND COST

- The Government will also look at Cost and Price which includes considering the cost/price information entered in Pricing Schedule. It is the Government’s intent to determine reasonableness and the quoter’s understanding of ALL the work required and the ability to perform ALL of the work stated under the contract. Any exclusions listed in reference to prescribed work, may remove the contractor from consideration.

Relative Importance of Factors: Technical Capability and Past Performance, when combined, are equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.