1282D719R0004_-_Aspen-Sopris_RD_Vault_Toilet_Pumping.pdf
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
82D7
GLENWOOD SPRINGS CO 81602-0948
900 GRAND AVENUE
WHITE RIVER NATIONAL FOREST
82D7 CODE 16. ADMINISTERED BYCODE
X
X
X
562991
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR82D7
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
04/30/2019 1700 ET
04/10/2019
970-945-3217ROBERT HALL
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1282D719R0004
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 61 951022OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
GLENWOOD SPRINGS CO 81602-0948
900 GRAND AVENUE
WHITE RIVER NATIONAL FOREST
15. DELIVER TO
GLENWOOD SPRINGS CO 81602-0948
900 GRAND AVENUE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$7.50
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
WHITE RIVER NATIONAL FOREST
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
White River NF - Aspen-Sopris RD - Vault Toilet
This is a request for proposals for vault toilet pumping in accordance with Section C - Statement of Work.
Contracting Officer: Robert Hall -robert.e.hall@usda.gov - 970-945-3217
Period of Performance: 05/01/2019 to 04/30/2024 (Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
ROBERT E. HALL
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
001 Aspen-Sopris RD Vault Toilet Pumping - Base Year
Product/Service Code: S205
Product/Service Description: HOUSEKEEPING-
TRASH/GARBAGE COLLECTION
Delivery: 04/30/2020
Period of Performance: 05/01/2019 to 04/30/2020
002 Aspen-Sopris RD Vault Toilet Pumping - Option
Year 1
(Option Line Item)
Product/Service Code: S205
Product/Service Description: HOUSEKEEPING-
TRASH/GARBAGE COLLECTION
Delivery: 04/30/2021
Period of Performance: 05/01/2020 to 04/30/2021
003 Aspen-Sopris RD Vault Toilet Pumping - Option
Year 2
(Option Line Item)
Product/Service Code: S205
Product/Service Description: HOUSEKEEPING-
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
61 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 61
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1282D719R0004
TRASH/GARBAGE COLLECTION
Delivery: 04/30/2022
Period of Performance: 05/01/2021 to 04/30/2022
004 Aspen-Sopris RD Vault Toilet Pumping - Option
Year 3
(Option Line Item)
Product/Service Code: S205
Product/Service Description: HOUSEKEEPING-
TRASH/GARBAGE COLLECTION
Delivery: 04/30/2023
Period of Performance: 05/01/2022 to 04/30/2023
005 Aspen-Sopris RD Vault Toilet Pumping - Option
Year 4
(Option Line Item)
Product/Service Code: S205
Product/Service Description: HOUSEKEEPING-
TRASH/GARBAGE COLLECTION
Delivery: 04/30/2024
Period of Performance: 05/01/2023 to 04/01/2024
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
SOLICITATION 1282D719R0004
WHITE RIVER NATIONAL FOREST
ASPEN/SOPRIS TOILET AND SEPTIC TANK PUMPING
Table of Contents
SECTION B--SCHEDULE OF ITEMS
SECTION C-- STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS
SECTION D--PACKAGING AND MARKING
SECTION E--INSPECTION AND ACCEPTANCE
SECTION F--DELIVERIES OR PERFORMANCE
SECTION G--CONTRACT ADMINISTRATION DATA
SECTION I--CONTRACT CLAUSES
SECTION J--LIST OF ATTACHMENTS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS OR RESPONDENTS
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS
SECTION M - Evaluation Factors for Award
PART I—THE SCHEDULE
SECTION B--SCHEDULE OF ITEMS
B-1. Schedule of Items
The Government intends to evaluate proposals and award contracts without discussions with offerors.
Aspen-Sopris RD – Vault Toilet Pumping – Base Year – FY19
Description Unit Quantity
Unit Price
TOTAL Items
1 1000 Gallon Toilet Vault Each 19
Lincoln Portal Campground- 1000 Gallon Toilet Vault
L.S.Q. 1
Maroon Bells - 1000 Gallon Septic Tanks
Each 3
Maroon Bells – 4 Unit Vault – Day Use Area
L.S.Q. 1
Maroon Bells – 12 Unit Vault – Bus Shelter Area
L.S.Q. 1
6 Special Debris Removal L.S.Q. 1
TOTAL ITEMS
Aspen-Sopris RD – Vault Toilet Pumping – Option Year 1 – FY20
Price
TOTAL Items
1 1000 Gallon Toilet Vault Each 19
Lincoln Portal Campground- 1000 Gallon Toilet Vault
L.S.Q. 1
Maroon Bells - 1000 Gallon Septic Tanks
Each 3
Maroon Bells – 4 Unit Vault – Day Use Area
L.S.Q. 1
Maroon Bells – 12 Unit Vault – Bus Shelter Area
L.S.Q. 1
Aspen-Sopris RD – Vault Toilet Pumping – Option Year 2 – FY21
Price
TOTAL Items
1 1000 Gallon Toilet Vault Each 19
Lincoln Portal Campground- 1000 Gallon Toilet Vault
L.S.Q. 1
Maroon Bells - 1000 Gallon Septic Tanks
Each 3
Maroon Bells – 4 Unit Vault – Day Use Area
L.S.Q. 1
Maroon Bells – 12 Unit Vault – Bus Shelter Area
L.S.Q. 1
Aspen-Sopris RD – Vault Toilet Pumping – Option Year 3 – FY22
Price
TOTAL Items
1 1000 Gallon Toilet Vault Each 19
Lincoln Portal Campground- 1000 Gallon Toilet Vault
L.S.Q. 1
Maroon Bells - 1000 Gallon Septic Tanks
Each 3
Maroon Bells – 4 Unit Vault – Day Use Area
L.S.Q. 1
Maroon Bells – 12 Unit Vault – Bus Shelter Area
L.S.Q. 1
Aspen-Sopris RD – Vault Toilet Pumping – Option Year 4 – FY23
Price
TOTAL Items
1 1000 Gallon Toilet Vault Each 19
Lincoln Portal Campground- 1000 Gallon Toilet Vault
L.S.Q. 1
Maroon Bells - 1000 Gallon Septic Tanks
Each 3
Maroon Bells – 4 Unit Vault – Day Use Area
L.S.Q. 1
Maroon Bells – 12 Unit Vault – Bus Shelter Area
L.S.Q. 1
B-2 NOTE: Refer to Section C, C-2 Project Location for specific information on physical location and number of vaults to be pumped at each location. Refer to Section C, C-5 Specifications for additional information on Measurement and Payment for Bid Items.
SECTION C-- STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS
C-1. Description of Work
Contractor shall furnish toilet pumping services which includes all equipment, supervision, transportation, labor, operating supplies, and incidentals necessary to pump, wash down, recharge, cleanup, disinfect, and dispose of all waste products removed from the toilets, in accordance with the following contract specifications and in accordance with State and Federal regulations.
There are six areas where toilet and septic tank pumping services will be performed located in Pitkin
County, Colorado. The majority of the pumping will be for 1000 gallon vaults, but there are a few unique size vaults. In general, the operating season is from May 1st through November 15th each year and most vaults will need pumping at least once per year before the end of each season. Some toilets receive heavier use than others and may need to be pumped several times each season and some of the toilet vaults and septic tanks will only need pumping every few years. In general, the toilet vaults need pumped when they reach 80% capacity, with 90% of the vault contents removed. All vault waste shall be disposed of at a commercial treatment facility off National Forest Lands.
C-2. Project Location
There are six areas where toilet and septic tank pumping services will be performed as shown in the Table below. Refer to the Area Location Vicinity Maps in Section J Attachments for the information on the location of each area and toilet building name or septic tank system name.
Area
Location
Toilet Building Name or
Septic Tank System Name
Number of
Vaults/Tanks
Size of Each
Vault or Tank
Maroon Bells Silver Bar Campground 2 1000 Gallons
Silver Bell Campground 2 1000 Gallons
Silver Queen Campground 2 1000 Gallons
Silver Queen Host Site Septic Tank 1 1000 Gallons
East Maroon Trailhead 2 1000 Gallons
West Maroon Portal 1 1000 Gallons
Overnight Parking Host Sites Septic Tank 1 1000 Gallons
Maroon Lake 4 Unit – Lower Day Use Parking 1 Unique (4 – 500 gallon tanks)
Day Use Toilet 1 1 1000 Gallons
Day Use Toilet 2 1 1000 Gallons
Maroon 12 Unit – Bus Shelter Area 1 Unique (12’x22’)
Maroon 12 Unit Septic Tank 1 1000 Gallons
Ashcroft Ashcroft Townsite Toilet 1 1000 Gallons
Grottos Grottos PKG Toilet 1 1000 Gallons
Lincoln
Creek
Lincoln Portal Campground
Near Grizzly Reservoir
1 1000 Gallons
Mt Sopris Thomas Lakes Trailhead 1 1000 Gallons
Dinkle Lake 1 1000 Gallons
Avalanche Avalanche Campground Toilet 1 2 1000 Gallons
Avalanche Campground Toilet 2 1000 Gallons
C-3. Scheduling Work
The Government Contracting Officers Representative (COR) will notify the Contractor of the required servicing. This initial notification may be by phone, email, or other means. The Contractor must complete the required servicing within 72 hours (not including Saturday or Sunday) after the initial notification.
The COR or a delegated representative will typically meet the Contractor on site for each pump out unless otherwise directed by the COR. Generally, servicing shall be between the hours of 8 A.M. and 5 P.M.
Occasional emergency pumping may be required, and may be outside the 8 A.M. to 5 P.M. constraint.
Response time for any emergency will be by mutual agreement between both parties. Pumping may occur at any time between May 1st and November 15th. The pumping needs for some toilet vaults and septic tanks vary based on use and the unique size and nature of the vault.
C-4. Definitions
1. Sewage: Liquid, semi-liquid, and solid waste matter.
2. Debris: All other refuse found in vault toilets, to include but not limited to:
Cans, bottles, rocks, sticks, clothing, plastic bags and containers, metal products, pinecones, waste food products, cardboard and paper products, whole rolls of toilet paper, toilet paper dispensers, tools, diapers and sanitary napkins, miscellaneous trash, etc.
Special Debris: Any large debris that can’t be removed through normal pumping operations and may require entry into the toilet vault for removal. Removal of Special Debris must be coordinated with the COR before this activity is performed.
C-5. Pre-Quote Meeting
There will be no formal pre-quote meeting or site visit. It is suggested that Contractors review available information and/or visit the site(s) prior to providing quotes (when possible). Many of the toilet vault buildings are located behind locked gates and are not accessible by motorized vehicle until the recreation season begins in May. Access prior to May would be by walking, skiing, or snowshoeing. The majority of the units are locked/closed for the winter.
C-6. Post Award Conference
A post award conference with the successful offeror will be required. The meeting will be held at a time and place mutually agreeable to the Contractor, Contracting Officer (CO) and the COR. The purpose of this meeting would be to discuss the site locations, schedule of work, work performance requirements, approved waste disposal sites, contract terms, and to familiarize both parties with the responsibilities of each under the terms of this contract.
C-7. Contracting Officer Representative (COR) A COR will be designated for this contract. The COR monitors all technical aspects of the contract and assists in contract administration. In general, the COR is authorized to perform the following functions:
assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the
Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
C-8. Contractor’s Representative
Prior to the start of work, the Contractor shall designate in writing a person to act for him/her during his/her absence from any work site and shall specify the scope of their authority.
C-9. Accessibility/Government Furnished Property
Access to sites is by all-weather and seasonal roads. (See Section J – Attachment 1 for locations) Some locations may not be accessible in inclement weather.
All vaults require access by a government furnished key. The Contractor will be required to sign an
AD107 Transfer of Government Property form when they receive the key. The key and the AD107 form shall be returned at the end of each season. (November of that year). Contractor shall be responsible for the key. If the key is lost by the contractor or contractor’s representative the contractor shall be responsible for replacement of the key. Cost per lost key is $300.00.
C-10. Specifications
C-10.1 Equipment
The Contractor shall furnish all toilet pumping equipment and tank truck. The length of hose must be long enough to accomplish the required pumping. All equipment shall be in full accordance with all local and State Regulations.
C-10.2 Pumping Procedures When an Outside Manhole is Available
The clean out hatch is located on the vent stack side of the unit. The double units have two (2) clean out hatches and the single units have one (1). A key or tool will be needed to unlock the hatch.
All debris and sewage (see section C-4) removed from the vault shall be placed into a leak proof container so that no contamination to the surrounding ground will result. Debris and sewage shall be removed from forest service lands and shall not be put in campground or other forest service dumpsters.
If the bottom of the vault is flat, then the waste (sewage and debris) shall be removed down to within 4-5 inches of the bottom. At this time remove any further debris that was not removed during the initial raking and removal.
If there is a heavy concentration of solids on the bottom of the vault, apply water to break up and dilute the solids and then pump this diluted waste down again.
Thoroughly clean and disinfect all contaminated areas resulting from the pumping process. Either sweep or wash all waste that is deposited on the concrete surrounding the manhole cover, back into the vault if possible.
Thoroughly clean around the manhole cover gasket area and replace the cover. When locking the lid on the CXT concrete units, it will be necessary to stand on the lid (compressing the seal) to line up the holes provided for the lock. The manhole cover MUST fit with an airtight seal so that the venting process of the vault toilet is not interfered with. If there is not an airtight seal, the
Contractor shall notify the COR immediately.
C-10.3 Pumping Procedures Through the Toilet Riser When There is No Outside Manhole or When Authorized by the COR
Remove the debris and pump in accordance with pumping procedures (see Section C-10.2). Extra care shall be taken to prevent waste spillage onto the interior floor and wall surface while removing debris and while pumping. The toilet paper dispenser and toilet riser shall be protected from damage and the toilet paper shall be covered with a waterproof material prior to removing debris or pumping in order to prevent the paper from getting contaminated.
During the final cleanup, the interior floor surface and any wall surface that was contaminated by waste shall be thoroughly disinfected. Thoroughly wash, disinfect and dry the toilet riser, the seat and seat cover before leaving the job site. Remove the waterproof covering that was protecting the toilet paper and make sure the paper is not contaminated. If the paper is contaminated, the
Contractor shall notify the COR immediately. The door handles or knobs shall also be disinfected and dry before leaving the job site.
Each toilet shall be available for immediate use after the pumping and final cleanup. The
Contractor shall not leave any toilet location until final cleanup is accomplished.
C-10.4 Confined Spaces and Personal Protective Equipment
Contractor shall not enter vault without agreement from the COR and acquiring a State of Colorado permit for confined spaces in accordance with 29 CFR 1910.146.
The Contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.
Personal protective equipment, including but not limited to equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.
C-10.5 Drafting of Water
The Contractor shall not draft fresh water from lakes, ponds or streams to be used for washing down vault walls, emulsification of the waste or for final cleanup.
C-10.6 Offsite Disposal of Sewage and Debris
The Contractor shall be properly licensed and shall be responsible for all fees associated with disposal of sewage and debris.
The Contractor is responsible for making disposal arrangements for sewage and debris. Disposal shall conform to all Federal, State, and local laws and ordinances.
All debris and sewage removed from the vault shall be placed into a leak proof container so that no contamination to the surrounding ground will result. Debris and sewage shall be removed from forest service lands and shall not be put in campground or other forest service dumpsters.
The Contractor shall be responsible for prevention of spillage and hauling all waste materials in watertight containers. Handling of all waste material shall be in accordance with all applicable health regulations.
C-10.7 Conduct of Personnel
The Contractor and his/her employees shall make every reasonable effort to prevent interference with the normal use and occupancy of recreational areas while engaged in the performance of the contract.
Due to the nature of the duties under this contract, the Contractor and his/her employees shall keep themselves and equipment presentable at all times. The Contracting Officer may, in writing, require the Contractor to remove from the work site any employee that the Contracting Officer deems incompetent, careless, discourteous to the public, or is otherwise objectionable. In addition the Contractor shall be responsible for theft, possession and/or the removal of materials, supplies, equipment or any Government-owned property from job sites.
C-10.8 Resource Damage
Any damage or defacement that occurs to Government Property or land resources during the
Contractor’s operations shall be repaired at the Contractor’s expense and restored to its original conditions. Onsite inspections will be made by the COR prior to acceptance of work.
C-10.10 Measurement and Payment
This section explains, in general, what work is to be performed and the method of measurement and payment and for work items listed in the Schedule of Items. The Contractor is responsible for determining all quantities needed for providing a quote.
For each individual item listed here and in the Schedule of Items, payment will be full compensation for all work related to the particular item. Method of Measurement for Payment will be Each and Lump Sum Quantities (L.S.Q) which denotes one complete unit of work as described including necessary materials, equipment, and labor to complete the job. They will be measured complete and in-place.
Item 1 – 1000 Gallon Toilet Vaults
This item includes the materials, equipment, labor and incidentals to remove sewage and debris from each toilet vault. Water is not available at these sites.
Item 2 – Lincoln Portal Campground 1000 Gallon Toilet Vault from this campground toilet vault. The pay quantity is L.S.Q. due to the location of the campground and infrequent pumping needed. It is estimated that the toilet vault needs pumping once every 3-4 years. The campground is located near the end of Grizzly Reservoir, approximately
6 miles up Lincoln Creek road. The roadway might be difficult to navigate for a large size pumper truck. Water is not available at this site.
Item 3 – Maroon Bells - 1000 Gallon Septic Tanks
This item includes the materials, equipment, labor and incidentals to remove sewage, liquids and accumulated solids from Septic Tanks located at the Campground Host Sites and the 12 Unit
Restroom located at the Bus Shelter Area.
Item 4 – Maroon Bells – 4 Unit Vault – Day Use Area from this unique vault. The pay quantity is L.S.Q. due to the unique nature of the vault and the frequent pumping that is needed (estimate 1-3 times per season). The L.S.Q. is for each time pumping is required. The Maroon Bells 4 Unit Vault was converted from a composting toilet system to a vault system in 2012. There are 4 risers that each dump into a plastic vault that is located in the lower level of the Restroom Building. The estimated quantity of the plastic vaults is 500 gallons each. Removal of the sewage must be done through the risers. Some water is available at this site from the sinks in the restrooms. See the pictures in Section J – Attachment 2 for additional information.
Item 5 – Maroon Bells – 12 Unit Vault – Bus Shelter Area
This item includes the materials, equipment, labor and incidentals to remove sewage and debris from this unique vault. The pay quantity is L.S.Q. due to the unique nature of the vault and the infrequent pumping that is needed (estimate every 3-5 years). The Maroon Bells 12 Unit Vault was designed as a composting toilet system, but now requires periodic pumping to remove sewage and debris. The vault walls are made of concrete blocks and it has a concrete floor lined with a heavy permeable fabric. There is a 4 inch liquid drain pipe in the floor of the vault that leads to the 1000 gallon septic tank. In addition, there is an aeration/blower system located underneath the permeable fabric on the concrete floor, a large exhaust fan expelling air through a 24 inch diameter pipe, and a water misting system in the ceiling of the vault. These facilities are part of the original composting system and are operational and used to assist with odor control. The vault area is large, measuring approximately 12ft x 22ft and 8 feet high. It has 4 access doors measuring 3 ft by 3 ft each located about 3 feet off the ground. Pumping access is through these doors, however some entry into the vault may be needed for operation of the hoses. This space may not be defined as a confined space, but the Contractor will need to ensure proper ventilation and provide personal protective equipment for pumping operations. There is water at this location, in the vault controlled through a sprinkler system. Additional water may be available from the Utility sink upstairs. See the pictures in Section J – Attachment 2 for additional information.
Item 6 – Special Debris Removal
This item includes the materials, equipment, labor and incidentals to remove large debris from vaults that can’t be removed during normal pumping operations. The pay quantity is L.S.Q. due to the requirement of needing to enter a confined space to remove the Special Debris.
C-11. AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.
SECTION D--PACKAGING AND MARKING
None
SECTION E--INSPECTION AND ACCEPTANCE
E-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 this address:
FAR: www.acquisition.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
Clause Number Title Date
E-2. AGAR 452.246-70 Inspection and Acceptance (FEB 1988)
(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance will be performed at the project site.
http://www.acquisition.gov/far/
SECTION F--DELIVERIES OR PERFORMANCE
F-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, 52.242-14 Suspension of Work APR 1984
F-2. FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
The Contractor shall be required to commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed.
SECTION G--CONTRACT ADMINISTRATION DATA
G-1. AGAR 452.215-73 Post Award Conference (NOV 1996)
A post award conference with the successful offeror is required (See Section C-6).
G-2. Invoices and Payments
All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System.
The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice
Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in 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 Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.
Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s).
Itemized invoice shall include at a minimum:
Contractor Name & Address
Contract, Task Order or Purchase Order numbers Invoice Number
Description of Services or work completed Date of services or completion.
The location of each vault pumped should be put on the invoice
G-3. Forest Service Representative
Robert Hall shall serve as the Contracting Officer (CO) on this contract. The Contracting Officer has full warrant authority over all contract issues. The CO can be reached at 970-945-3217 or robert.e.hall@usda.gov .
A Contracting Officer Representative (COR) will be appointed for this contract upon award. The
COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.
https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:robert.e.hall@usda.gov
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H-1. FAR 52.236-4 Physical Data (APR 1984)
Data and information furnished or referred to below is for the Contractor's information. The
Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) Maroon Bells 12 Unit Vault.
H-2. AGAR 452.237-74 Key Personnel. (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel:
CONTRACTOR REPRESENTATIVE
(b) During the first ninely (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.
(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.
H-3. Safety
Pursuant to FAR 52.236-13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in construction areas and asbestos abatement, and that employees meet all OSHA requirements. The Contractor shall identify the specific conditions that are considered to be hazardous.
The Contractor shall submit the safety plan shall within 10 calendar days after award of contract.
The Safety Plan shall also address the personal protective equipment and mitigating measures the
Contractor will do to increase safety on the worksite. Contractor’s operations shall facilitate Forest
Service’s safe and practical inspection of Contractor’s operations and conduct of other official duties on
Contract Area. Contractor has all responsibility for compliance with safety requirements for Contractor's employees. In the event that a conflict develops between the requirements of this contract or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract shall be modified and Contractor may request an equitable adjustment. The Contracting Officer’s Representative
(COR) has the authority to immediately suspend performance in the event that a safety of life issue is encountered on the work site.
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil
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, 52.212-4 Contract Terms and Conditions -- Commercial Items Oct 2018
52.217-6 -- Option for Increased Quantity Mar 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting
Officer may exercise the option by written notice to the Contractor when the intent to exercise the option year is sent. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
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 the current contract period of performance.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within the current contract period of performance; provided that the Government gives the Contractor a preliminary http://farsite.hill.af.mil/ written notice of its intent to extend at least 60 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.
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -
- Commercial Items (Jan 2019)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 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 (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009).
___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct
2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Oct 2018) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15
U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15
U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
(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 2018) (15 U.S.C. 637(d)(2) and
(3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Aug 2018) of 52.219-9.
___ (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 (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov
2011) (15 U.S.C. 657f).
(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15
U.S.C. 637(m)).
(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.
13126).
(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
___ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
___ (ii) Alternate I (July 2014) of 52.222-36.
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
(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 (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and
Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)
(E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct
2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug
2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41
U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-
138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the
Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
(55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct
2018) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price
Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.
chapter 67).
(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price
Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May
2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph
(e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and
Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and
(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract
(except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 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.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
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