LTBMU_Janitorial_2019_Solicitation.docx

JANITORIAL SERVICES LTBMU

SUPERVISORS OFFICE AND MEYERS WORK CENTER

LTBMU SO & MWC Janitorial

129JGJP19Q0012

7. FOR SOLICITATION INFORMATION CALL:

a. NAME Olaine Martinez

b. CONTACT INFORMATION 530-478-6823 tracymartinez@fs.fed.us

8. OFFER DUE DATE / TIME

December 17, 2018 4:00 p.m.

9. ISSUED BY CODE JGP

10. THIS ACQUISITION IS |_|UNRESTRICTED OR |X| SET ASIDE: 100 % FOR:

|X| SMALL BUSINESS |_| WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

|_| HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

NAICS: 561720

|_| SERVICE DISABLED |_| EDWOSB

VETERAN- OWNED SIZE STANDARD: 18 Million

SMALL BUSINESS |_| 8(A)

USDA Forest Service Central CA Acquisition Service Area 631 Coyote Street Nevada City, CA 95959

. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR / OFFEROR FACILITY

18a. PAYMENT WILL BE MADE BY CODE

|X| SEE ADDENDUM

Lake Tahoe Base Management Unit (LTBMU) Supervisors Office (SO) and Meyers Work Center (MWC) Janitorial See separate schedule sheet.

Please provide the following information:

DUNS#______________________

Email:_____________________________ PHONE No.:______________________ Email Quotes to: tracymartinez@fs.fed.us (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

STANDARD FORM 1449 (REV.2/2012)

See schedule on next page.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|PARTIAL | |FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope Of Work Description of Work: The intent of this contract is to secure services (inclusive of supplies) for janitorial services, including interior window and carpet cleaning at the Lake Tahoe Basin Management Unit Supervisor’s Office and the Meyers Work Center.

Contractor Responsibility: The Contractor shall provide everything – including, but not limited to, all equipment, supplies, transportation, labor, and supervision – necessary to complete the project.

C.2 Project Location & Description Location: The project is located on the Lake Tahoe Basin Management Unit, Supervisor’s Office, 35 College Drive, South Lake Tahoe, CA, and the Meyers Work Center, 3030 Highway 50, South Lake Tahoe, CA.

Description: The Supervisor’s Office is located within the city limits of South Lake Tahoe, CA. From Stateline, proceed west on US 50 to Al Tahoe Boulevard. Turn left onto Al Tahoe Blvd and travel south on Al Tahoe Blvd to the traffic light at the junction of College Drive and Johnson Avenue turning right onto College Drive. Then turn right approximate 400 feet onto the entrance road to the Supervisor’s Office. For the Meyers Work Center, from Stateline proceed west on US 50 9.4 miles to the work center on the west side of the highway.

The Supervisor’s Office building contains approximately 24,000 gross square feet of space, including a reception area, 28 individual numbered office/work areas, four restrooms with two showers, five conference rooms, an elevator, and janitor storage areas/rooms on the first floor.

Work at the Meyers Work Center will include complete cleaning of Building A (1200 sq. ft.), Building B (1140 sq. ft.), Building C (1300 sq. ft.), Building U (1500 sq. ft.) and cleaning of one restroom in the warehouse. Buildings A, B and C have two restrooms each.

Building U has one restroom. There are two showers at the work center located in Building C.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

C.3 Estimated Start Date & Contract Time Start: January 1, 2019 Time: Base Period is January 1, 2019 through December 31, 2019, with Four (4) one-year options. (See also Section F, Deliveries or Performance.)

C.4 Cleaning Schedule Supervisor’s Office Work Days and Hours: Work shall be performed five days a week, Monday through Friday. The contractor must report to the Supervisor’s office before 4:30 p.m. (close of business) to gain access to the building, but janitorial services may take place between 3:30-9:00 p.m. Vacuuming must take place after 5:00 p.m. Carpet cleaning and floor waxing should be done on weekends and scheduled at least 48 hours in advance with the COR.

Meyers Work Center Work Days and Hours: Work shall be performed five days a week, Monday through Friday during business hours 8:00 a.m. to 5:00 p.m. Carpet cleaning and floor waxing should be done on weekends and scheduled at least 48 hours in advance with the COR.

C.5 Licenses and Insurance The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents). Worker’s Compensation Insurance if applicable.

C.6 Contractor-Furnished Materials and Services 6-1. The Contractor shall provide everything – including, but not limited to, all equipment, supplies (listed below), transportation, labor, and supervision – necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

a) Liquid hand soap (Must be biobased) (Must not be Pink)

b) Paper hand towels, in bathroom and kitchen areas

c) 2-Ply toilet tissue

d) Solid cake toilet room deodorant

e) Toilet urinal deodorant cakes

f) Paper toilet seat covers

g) Sanitary supplies (Paper bag to dispose of feminine hygiene products in women’s restrooms)

h) Trash can liners for all trash cans of various sizes throughout the building and property grounds, to include liners for feminine products located in bathroom stalls.

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 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.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

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

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content. Products can also be found and compared at http://www.greenseal.org/findaproduct/index.cfm.

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts.

Within thirty (30) days of contract award, the Contractor shall submit an Biobased Operations Plan. This submittal shall be approved by the COR in writing.

The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

Detail on how the Contractor intends to keep abreast of the development and increasing availability of biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

Proposed biobased custodial products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data will be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the staff and 3) be available with technical assistance to trouble shoot problems.

C.7 Government-Furnished Materials and Services The Government will furnish secure areas for storage of Contractor-furnished materials. The Contractor shall maintain such storage areas to the same standards as similar areas occupied by the Government. The Government will furnish the following:

a) To gain entry to the building, the contractor must access the building during business hours. Keys will be provided to access interior doors at the Supervisor’s Office to complete all required work. These doors are to remain locked after cleaning is complete. These keys are to be returned to the Forest Service upon completion of the contract.

b) Keys for various locked dispensers, such as paper towers. These keys are to be returned to the Forest Service upon completion of the contract.

c) Bulk commercial trash disposal bin.

C.8 Conduct 8-1. General All work under this contract shall be performed in a polite, competent, and demonstrative manner using effective products, process, and systems.

The Contracting Officer may, in writing, require the Contractor to remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable to include theft. Theft would be considered the possession and/or removal of personal or government materials, supplies, equipment, or any Government-owned property.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity, and shall be responsible for taking such disciplinary action with respect to the employee(s) as may be necessary.

The Contractor shall prohibit his/her employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephones or office equipment provided for official Government use.

The Contractor will be notified of non-compliance and will be requested to correct the condition at the Contractor’s expense.

The Contractor will not be allowed to have any persons (family members or otherwise) under the age of 16 years on the premises to either work or accompany the Contractor or his/her employees during performance of the contract. A background check will be done on all Contractor’s employees that will be working in the building unsupervised.

8-2. Specific Conduct The following restrictions apply to the Contractor and his/her employees:

a) Smoking: The Supervisor’s Office and Meyers buildings are non-smoking buildings. The Contractor shall not smoke inside the buildings and must dispose of cigarette debris properly outside of the building.

b) Gambling: The Contractor shall not participate in games for money or personal property while on Government property.

c) Alcoholic Beverages and Narcotics: The Contractor shall not be under theinfluence of, use, or be in possession of any narcotic drug, hallucinogenic, marijuana, barbiturate, amphetamine, or alcohol while entering on or on Government property. This prohibition shall not apply in cases where the drug is being used as prescribed for a patient by a licensed physician.

d) Soliciting or Vending: The contractor shall not solicit or sell any items while on Government property. Firearms: The Contractor shall not be in possession of any firearms in the Supervisor’s Office.

C.9 Security of Premises The Contractor shall be responsible for securing premises upon completion of each service. The Contractor shall take the necessary precautions to close exterior doors and windows open upon entry to, during performance of services, and/or exiting from the building. Only the Contractor and the Contractor’s employees are allowed in the buildings.

The Contractor shall check to see that all gates, exterior doors, and all exterior windows are locked and that exterior lights that illuminate the entrance/exits are turned on before departing the premises during hours of darkness.

The Contractor shall report to the Contracting Officer any instance (by specific locations) of having to perform lockup, to turn on exterior lights or to shut windows.

The Contractor shall place an “Out of Order” sign on any plugged toilets, sinks or drinking fountains and report it to the Contracting Officer.

The Contractor shall ensure that all overhead lights are turned off after each room or area has been serviced.

Locked and/or Non-Serviced Rooms: Some rooms in the building are locked for administrative reasons. These rooms will not require services unless left unlocked or a key has been provided to the contractor. For the rooms where a key is provided, the contractor will lock the door and turn off the lights prior to leaving.

The Meyers Work Center will be cleaned on the same schedule and to the same standards of performance measurement as the Supervisor's Office. The tasks of deep cleaning and carpet cleaning are of special concern. Only areas with the note (S.O. only) will be treated differently than the Meyers Work Center.

C.10 Storage At the Supervisor’s Office, a storage room for limited amounts of supplies will be available to the Contractor. This room is located on the first floor of the building. A cabinet will be provided at one location at the Meyers Work Center.

SECTION E INSPECTION AND ACCEPTANCE

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/these address(es): www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996) E.1 Quality Control Plan.

The contractor shall implement a quality control program to assure performance standards in the contract are being consistently met or exceeded. A written quality control plan addressing all aspects of the contractor’s custodial operations and procedures will be provided to the Contracting Officer within 10 days after start of contract. Bio-based products that are designated for preferred procurement under USDA’s Bio-Preferred program must meet the required minimum bio-based content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their bio-based products such as bio-based content. Products can also be found and compared at http://www.greenseal.org/findaproduct/index.cfm or comparable sites.

The Contractor shall submit with the initial proposal a complete list of bio-based products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

Personnel: The Contractor shall provide personnel who are qualified to use the Contractor’s equipment and whose appearance is clean and orderly. Personnel not acceptable to the Government shall, upon written notice by the Contracting Officer, be replaced with satisfactory personnel within 48 hours after such written notice.

E.2 Government Inspections.

Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

E.3 Acceptance.

Work on this contract will be deemed acceptable when the processes and/or deliverables conform to the contract requirements.

E-4 Quality Assurance Plan

Inspections will be performed by selecting random sites daily and achieving 100% of sites monthly. All inspections will be perform by visually inspecting areas inside and outside. Inspections will all include complaints and compliments on quality of service.

RESTROOMS

SHOWER

ROOM

Sweep and wet mop floors utilizing a cleaner disinfectant.

RESTROOMS

SHOWER

ROOM

Porcelain fixtures and metal surfaces, (washbasins, urinals, toilets, shower stalls, etc.) shall be clean and bright; there shall be no dust, spots, stains, rust, green mold, encrustation, or excess moisture. Mirrors shall be streak free. Clean the ventilator grills in all the restrooms semi-annually X

RESTROOMS

ROOM

RESTROOMS

ROOM

RESTROOMS

ROOM

Damp wipe the full surface area of all stall partitions, doors, and waste paper receptacles utilizing a multipurpose (disinfectant deodorizer) cleaner.

DAMP WIPING: All dirt, dust, water stains, spots, streaks and smudges shall be removed from the surfaces and waste paper receptacles.

X

RESTROOMS

ROOM

X

RESTROOMS

SHOWER

ROOM

Clean all bathroom and shower room floors, including grout to remove accumulated dirt and residue.

CLEANING: All floors shall be cleaned to remove accumulated grout, dirt, and residue

X

GENERAL

OFFICE

CLEANING

Includes all office areas, private office rooms, storage rooms, conference rooms, hallways, stairways, and elevator

GENERAL

CLEANING

COLLECTION: All solid waste generated in the building shall be collected in trash bags and removed to outdoor trash receptacles. Liners shall not be torn, worn or contain residue

Twice Per Week

GENERAL

CLEANING

Vacuum and sweep high traffic areas. Vacuum large entrance rugs.

Sweep non-carpeted areas.

VACUUMING: Carpeted surfaces and entrance rugs will be vacuumed and shall be free of obvious dirt, dust and other debris.

SWEEPING: Non-carpeted areas shall be swept and shall be free of obvious dirt debris or spillage.

Extend the sweep or vacuum to remove obvious dirt from around and under furniture.

X

GENERAL

CLEANING

Twice a week. Monday and Wednesday

GENERAL

OFFICE

CLEANING

Twice per week, Mon and Wed

GENERAL

CLEANING

X

GENERAL

CLEANING

X

GENERAL

OFFICE

CLEANING

WASTEBASKETS: At least semi-annually but more frequently if necessary wash or damp wipe wastebaskets to keep them in an acceptable condition. Wastebaskets shall be free of dust, debris, and residue. Plastic liners shall not be torn, worn, or contain residue. Liners are to be replaced at least monthly but more frequently if necessary to maintain a clean appearance.

Performance measure

GENERAL

OFFICE

CLEANING

(S.O. only)

See performance measure

ENTRANCE,

ELEVATOR,

AND MAIN

LOBBY (S.O. only) Notes: Elevator door should NOT be kept open for several minutes. Do not hit the elevator door with any item or equipment.

SWEEPING: The entire alcove area shall be swept of dirt, leaves, etc.

X

Elevator as needed

GENERAL

OFFICE

CLEANING

x

MAIN LOBBY

(S.O. only)

COBWEBS: All cobwebs within the alcove shall be removed.

X

Or as needed

EXTERIOR

CLEANING

EXTERIOR

CLEANING

Or as needed

EXTERIOR

CLEANING

COLLECTION: All material shall be removed to the trash bin when at least ½ full. Liners shall be in place at all times.

X

DRINKING

FOUNTAINS

(S.O. only)

FOUNTAINS: The stainless steel surfaces shall be clean and bright, and they shall be kept free of dust, spots, stains, and streaks. Drinking fountains shall be kept free of trash, ink, coffee grounds, etc., and nozzles free from encrustation.

X

KITCHEN/

BREAK ROOM

floor. Floors shall be clean and free of trash and foreign matter. No dirt shall be left in corners or behind doors. Spot mop any spills from coffee, soda, etc daily. Mop the full floor area once per week on Fridays.

mop once per week

KITCHEN/

DISINFECTANT CLEANING:

A disinfectant cleaning solution shall be used to disinfect sink, counter tops and the tabletop.

X

KITCHEN/

GENERAL

OFFICE

CLEANING

X

Annually

Annually

ENTRANCE

RUG

CLEANING

Annually

FLOOR DEEP

CLEANING,

SEALING,

POLISHING

AND WAXING

Semi annually

BLINDS,

CABINETS,

WINDOW

SILLS

Semi Annually

SECTION F DELIVERIES OR PERFORMANCE

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/these address(es): www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance for the base portion of this contract is from January 1, 2019 through December 31, 2019. The period of performance for the option portion of this contract is from January 1, 2020 to December 31, 2022.

Work Timing The Contractor shall begin work within ____5______ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No. Estimated Start Work Date Contract Time (Calendar Days)

2 January 2019

The Government will provide, at a minimum, 12 hours advance notice for restrooms needing to be cleaned on an “as needed” basis.

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or sub-items. Contractor shall complete all work on one sub-item before proceeding to another.

SECTION G - CONTRACT ADMINISTRATION DATA

F. Pre-work Pre-work Conference Before work begins on service contracts, a pre-work conference is normally held to discuss the contract – especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm.

The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

A. No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

Payment Payments Payment will be made for fully acceptable work at the prices bid in the schedule of items. Payment will be made monthly or at the milestones specified below:

Deductions In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

Contract Release.

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

A. Payment will be made from Contractor's invoice through the IPP system.

Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). 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. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the IPP enrollment process, please verify that the POC’s email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the point of contact (POC) established in your SAM account. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

Government-Furnished Property

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Interior Door keys, dispenser’s keys and bulk Commercial trash disposal bin. Items are to be returned to the Forest Service upon completion of the contract.

Designation of Contracting Officer’s Representative

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

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

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

SECTION H SPECIAL CONTRACT REQUIREMENTS

Wages See Section J, Wage Determination

Loss, Damage or Destruction Equipment Furnished with Operator The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

Other Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

Contractor Representatives The Government may deal officially and directly only with the contract signer, with corporate officers with legal contractual authority, or with persons specifically designated by the contractor to act as official representatives.

SECTION I- CONTRACT TERMS AND CONDITIONS

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

CONTRACT CLAUSES

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/these address(es):

www.acquisition.gov/far/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#TopOfPage

52.212-4 Contract Terms and Conditions—Commercial Items. (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the…