129jgp19q0014.pdf
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- Summit R. D. Janitorial Federal contract opportunity
- Solicitation number
- 129JGP19Q0014
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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 40
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
129JGPQ190014
December 14, 2018
7. FOR SOLICITATION INFORMATION
CONTACT:
a. NAME
Peggy Scott
b. CONTACT INFORMATION
(530) 478-6123 Margaret.scott@usda.gov
8. OFFER DUE DATE / TIME
December 28, 2018 2:00 p.m Pacific Standard Time
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100_____ %
FOR:
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
HUBZONE SMALL SMALL BUSINESS PROGRAM
BUSINESS
SERVICE DISABLED EDWOSB NAICS:___561720
VETERAN- OWNED
SMALL BUSINESS 8(A) SIZE STANDARD:___$18M________
USDA Forest Service Central CA Acquisition Service Area 631 Coyote Street Nevada City, CA 95959
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE
USDA Forest Service, Summit R. D.
1 Pinecrest Lake Road
Pinecrest, CA 95364
16. ADMINISTERED BY CODE
See block 9.
17a. CONTRACTOR / OFFEROR FACILITY
18a. PAYMENT WILL BE MADE BY CODE
Invoice Payment Portal www.ipp.gov
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
OFFER IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Janitorial Services Summit Ranger District Office
See separate schedule sheet.
Please provide the following information:
DUNS#____________________________
Email:_____________________________
PHONE No.:_____________________________
(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)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______1________ 29. AWARD OF CONTRACT: REF. OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED YOUR OFFER ON SOLICITATION
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
9JGP
129JGP19Q0014 JANITORIAL SERVICES
SUMMIT RANGER DISTRICT
SEE SCHEDULE 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
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT
32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT 37. CHECK NUMBER
|PARTIAL | |FINAL
COMPLETE PARTIAL FINAL
38. S/R ACCOUNT
NUMBER
39. S/R VOUCHER
NUMBER
40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV.2/2012) BACK
PROJECT
UNIT
SOL #
ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
1 BASE YEAR (01/01/2019 - 12/31/2019) -$ -$
1a Weekly Services 52 Weeks -$ b Monthly Services 12 months -$
1c Semi-Annual Services 2 each -$
1d Annual Services 1 each -$
2 OPTION YEAR 1 (1/01/2020 - 12/31/2020) -$ -$
2a Weekly Services 52 Weeks -$
2b Monthly Services 12 months -$
2c Semi-Annual Services 2 each -$
2d Annual Services 1 each -$
3 OPTION YEAR 2 (1/01/2021 - 12/31/2021) -$ -$
3a Weekly Services 52 Weeks -$
3b Monthly Services 12 months -$
3c Semi-Annual Services 2 each -$
3d Annual Services 1 each -$
4 OPTION YEAR 3 (1/01/2022 - 10/31/2022) -$ -$
4a Weekly Services 52 Weeks -$
4b Monthly Services 12 months -$
4c Semi-Annual Services 2 each -$
4d Annual Services 1 each -$
5 OPTION YEAR 4 (1/01/2023 - 12/31/2023) -$ -$
5a Weekly Services 52 Weeks -$
5b Monthly Services 12 months -$
5c Semi-Annual Services 2 each -$
5d Annual Services 1 each -$
TOTAL -$
NOTES
129JGP19Q0014
Janitorial Services
Summit Ranger District Office
SCHEDULE OF ITEMS
SECTION B
SUPPLIES OR SERVICES & PRICE/COST
1. Responses for quantities less than those listed in the numbered items may be rejected
2. Responses without prices for each item and sub-item may be rejected.
Contents
SECTION C. DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK
C.1 Scope of Work
C.2 Project Location & Description
C.3 Maps
C.4 Estimated Start Date & Contract Time
C.5 Restrictions on Work
C.6 Licenses and Insurance
C.7 Technical Requirements
C.7-1 Definitions
C.7-2 Specifications
C.7-3 Contractor-Furnished Equipment
C.7-4 Government-Furnished Equipment
SECTION E. INSPECTIONS AND ACCEPTANCE
E.1 Government Inspections
E.2 Specific Inspection Procedures
E.2-1 Sampling
E.2-2 Method
E.2-3 Determination of Acceptability
F. DELIVERIES OR PERFORMANCE
F.1 Work Timing
F.2 Winter Shutdown
SECTION G. CONTRACT ADMINISTRATION DATA
G.1 Pre-work
G.2 Measurement
G.3 Payment
G.3-1 Invoice Processing Platform (IPP)
SECTION H. SPECIAL CONTRACT REQUIREMENTS
H.1 Emergencies
H.2 Quality Control Plan
H.3 Safety
H.4 Landscape preservation
H.5 Public Safety
H.6 Road Maintenance
H.7 Superintendence by Contractor
H.8 Archaeological and Historic Sites
H.9 Spill Plan
H.10 Equipment Cleaning
H.11 Final cleanup
H.12 Public officials not personally liable
H.13 Designation of Contracting Officer’s Representative
H.14 Approval of Subcontracting
H.15 Certification of Compliance
H.16 Camping
SECTION I. CONTRACT TERMS & CONDITIONS
SECTION J. ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
Project Area or Unit Maps .........................................................................Error! Bookmark not defined.
Wage Determination
Fire Plan ....................................................................................................Error! Bookmark not defined.
SECTION K. OFFEROR REPRESENTATIONS & CERTIFICATIONS
L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS
L.1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
L.2 AGAR 452.219-70 Size Standard and NAICS Code Information (JAN 2005)
L.3 FAR 52.237-1 SITE VISIT (Apr 1984)
L.4 FAR 52.233-2 Service of Protest (SEP 2006)
L.5 FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (Oct 2014)
SECTION C. DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK
C.1 Scope of Work
Description of Work: The intent of this contract is to provide janitorial services for the Summit Ranger District Office.
Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.
C.2 Project Location & Description
Location:
The project is located on the Stanislaus National Forest, Summit Ranger District, 1 Pinecrest Lake Road, Pinecrest, CA 95364.
Description:
Janitorial services shall be performed as indicated below at the Summit Ranger District Office of the Stanislaus National Forest. The Contractor shall furnish all equipment, labor, supplies (except as noted in Section C.3.A.), supervision, transportation, and incidentals necessary to perform the work described
Exclusions (Non-Work Areas):
Non-work areas will include the following:
1. Warehouse section of Building #2217
2. Any locked doors in the Law Enforcement Building # 1012
3. Engine bay in the Firehouse Building #1615
Accessibility:
C.3 Maps
Any Maps included in Section J are general in nature and are not to be considered as definitively identifying locations.
C.4 Estimated Start Date & Contract Time
Start: January 1, 2019
Time: 1 base year, with 4 options years
C.5 Restrictions on Work
Work must be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:
1. In accordance with the fire plan, if included in Section J.
2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.
C.6 Licenses and Insurance
The contractor shall obtain the insurance and licenses listed here.
MSPA Card (Form WH510): This contract [ ] does [X ] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor.
The Contractor shall provide a current Form WH510 or legible copy.
C.7 Technical Requirements
Appointments to examine the work areas may be made by contacting Lori Greeno at 209-965-3434 extension 5320. Quotations will be considered non-responsive if the offeror has not viewed the buildings prior to offer submission.
C.7-1 Definitions
Definitions:
C.7-2 Specifications
Location and Inspection of Work Areas: The buildings to be maintained are located on State Highway 108 at the intersection with Pinecrest Lake Road, Pinecrest, California approximately thirty miles east of Sonora, CA. The buildings on the administrative site to be serviced are as follows:
1. Main Office, Building #2007. Approximately 2800 sq .ft. two bathrooms and one small kitchen area inside.
2. Recreation Office in Warehouse Building #2217. Approximately 312 sq. ft., one bathroom.
3. Wilderness Building #1005. Approximately 1440 sq. ft., two bathrooms, one kitchen area.
4. Resource Building #1308. Approximately 3088 sq. ft., three bathrooms, one kitchen area.
5. Trails Building #1013. Approximately 1204 sq. ft., two bathrooms, one kitchen area
6. Conference Room and two adjacent offices #2011. Approximately 800 sq. ft.
7. Suppression Building #1011. Approximately 1200 sq. ft., one bathroom, one kitchen area.
8. Law Enforcement and Interpretive Building #1012. Approximately 1600 sq. ft., two bathrooms, one kitchen area, one gym area.
9. Firehouse Building #1615. Approximately 1300 sq. ft., two bathrooms, one kitchen area.
Personal Conduct: Due to the nature of the duties under this contract, the Contractor will, to some extent represent the Forest Service to the public. He/She will be expected to keep himself/herself neat at all times and to conduct himself/herself in a manner which will not bring discredit to the Forest Service. Failure to conduct himself/herself or those in his/her employ to conduct themselves in a satisfactory manner may be grounds for default of this contract.
Schedule of Duties: A record of work actually performed will be indicated on a form provided by the Forest Service. The record will show the duties to be performed once each week, once each month, etc., shall be completed for each building and submitted to the COR each month.
Weekly Duties: To be performed once per week (52 times per year) on day/days to be mutually determined by the Contracting Officer’s Representative and the Contractor. Work may be performed at any time of the day by the Contractor except in the Main Office. Work in the Main Office shall be performed during non-office hours.
1. Thoroughly vacuum all carpeted and rubber mat areas in buildings. This includes but is not limited to halls, stairs, reception areas, offices, under desks, in corners, and around edges of carpets and mats.
2. Sweep and wet mop until clean all hard surface floors in all buildings with an appropriate cleaner for the type of floor to be cleaned. Remove black heel marks.
3. Empty waste baskets into the disposal bins provided next to the recreation office. Replace plastic trash can liners.
4. Empty large recycling cans from each building into the recycling bin next to the recreation office.
5. Clean, polish and disinfect all wash basins, kitchen sinks and counters, toilets, urinals, showers and tub/shower combinations. Remove chemical deposits in urinal and toilets. This will require scrubbing with a brush.
6. Replenish paper towels, liquid soap in dispensers, and toilet paper as required. These supplies will be furnished by the Forest Service.
7. Spot clean carpets as needed.
8. Turn off lights in all rooms before leaving, except as needed for nightlight. The exterior is on photocell. The only nightlight to be left on is the one at the intersection of the halls in the Main Office. All others should be off.
9. Before leaving any building, check all windows and entrance doors, making sure they are closed and locked.
Monthly Duties: To be performed once per month on a date to be mutually determined by the Contracting Officer’s Representative and the Contractor.
1. Interior high dusting and cobweb removal including space between window and storm window.
2. Dust mini-blinds and around windows.
3. Dust and wipe down window sills and baseboards.
4. Remove spots, smudges and finger marks from around doors, on the doors, and around switch plates.
5. In the Main Office reception area, wash all vestibule windows (including door windows), and clean counter. Dust window sills and wipe finger smudges from doors and light switches.
6. Wash bathroom walls and partitions.
7. Check toilet and urinal deodorant blocks in bathroom and replace as needed.
Semi-Annual Duties: To be performed twice per year on days to be mutually determined by the Contracting Officer’s Representative and the Contractor.
1. Clean all exterior glass inside and out, and wash screens. Replace and secure screens. If inclement weather prevents the washing of the exterior surface of windows, such work shall be performed immediately following the inclement weather period. It is preferred that this work be done in April and October.
2. Wash all mini blinds and venetian blinds.
3. Wax all hard surface floors.
Annual Duties: To be performed once per year on a day mutually detremined by the Contracting Officer’s Representative and the Contractor.
1. Clean carpeting in all buildings. This work will require coordination with the Contracting Officer’s Representative so that, if necessary, office furniture can be moved prior to cleaning.
C.7-3 Contractor-Furnished Equipment
Contractor is to provide everything including, but not limited to, all equipment, cleaning supplies, transportation, labor and supervision necessary to complete the project. All tools, equipment, supplies (except as noted above), materials, and supervision necessary for the successful performance of the contract; including, but not limited to floor finish, furniture polish, glass cleaner, mops, floor brushes, vacuum cleaner, disinfectants and soap (except hand soap), ladders, etc.
C.7-4 Government-Furnished Equipment
The Government shall provide the following: Hand soap, paper towels, toilet tissue, toilet and urinal deodorant, plastic trash bags and keys as needed.
Note: All building entrance doors have electronic locks installed. The codes for the locks are changed once per year.
SECTION E. INSPECTIONS AND ACCEPTANCE
E.1 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.
The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.
Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.
Re-inspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Re-inspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for re-inspection at the time specified by the Contractor will not be re-inspected, and the results of the first inspection will be final.
E.2 Specific Inspection Procedures
E.2-1 Sampling
The Contracting Officer (CO) and/or his/her appointed representative (COR) shall visit the work areas to observe the Contractor’s work and progress. The CO/COR will use the Weekly Log to determine which items have been completed satisfactorily by using the back side of the Weekly Log (Exhibit 2) to determine which items have been completed satisfactorily.
All work under this contract shall be performed in a thorough and complete workmanlike manner.
E.2-2 Method
The Contracting Officer or their Representative will make visual inspections while work is in progress for compliance with terms of the contract.
E.2-3 Determination of Acceptability
Work on this contract will be deemed acceptable when the Government’s visual inspections show acceptable performance.
F. DELIVERIES OR PERFORMANCE
F.1 Work Timing
The Contractor shall begin work within ____1____ 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. Est. Start Work Contract Time (Calendar Days)
1 Jan 2, 2019 1 year
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.
[ ] If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.
[ X ] In the event of award of more than one item to one contractor, times will run consecutively. Time on the second item will begin automatically the day following expiration of time (including any extensions) on the first item. Likewise, time on a third item would begin immediately following expiration of time on the second, and so on. This applies to the Optional Items.
If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.
F.2 Winter Shutdown
When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.
SECTION G. CONTRACT ADMINISTRATION DATA
G.1 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. [ X] No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.
G.2 Measurement
NONE
G.3 Payment
Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by-case basis. 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:
G.3-1 Invoice Processing Platform (IPP)
All payment requests must be submitted electronically through the US Department of the Treasury’s Invoice Processing Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP Invoice:
Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:
1. Invoice date and Government Contract Number.
https://www.ipp.gov/
2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.
3. An accounting (bulleted list, for example) of charges claimed and amounts due.
4. Total amount due for the billing period.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of award or the system implementation date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973- 3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
SECTION H. SPECIAL CONTRACT REQUIREMENTS
H.1 Emergencies
Fire Plan. Not required
H.2 Quality Control Plan
Not required
H.3 Safety
Not required
H.4 Landscape preservation
H.5 Public Safety
H.6 Road Maintenance
H.7 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.
H.8 Archaeological and Historic Sites
Location of known archaeological, historic, or prehistoric materials – such as Native American sites or artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (16 USC 433)--will be identified for the contractor before work commences.
H.9 Spill Plan
If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor, under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and cleanup of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.
H.10 Equipment Cleaning
All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.
Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.
If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.
H.11 Final cleanup
Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.
H.12 Public officials not personally liable
There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.
H.13 Designation of Contracting Officer’s Representative
The Contracting Officer designates the Contracting Officer's Representative (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.
H.14 Approval of Subcontracting
Subcontracting will not be approved.
H.15 Certification of Compliance
None required
H.16 Camping
Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [ X] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. Any non-compliance will result in suspension of work until compliance is achieved.
PART II – CONTRACT CAUSES
SECTION I. CONTRACT TERMS & CONDITIONS
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 the clauses may be accessed electronically at these addresses:
FAR: www.acquisition.gov/far AGAR: www.usda.gov/procurement/policy/agar.html
FEDERAL ACQUISITION REGULATIONS (FAR)
52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)
AGRICULTURE ACQUISITION REGULATIONS (AGAR)
452.236-77 Emergency Response (NOV 1996)
52.217-4 - Evaluation of Options Exercised at Time of Contract Award (Jun 1988)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.
(End of Provision)
52.217-5 - Evaluation of Options (Jul 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
(End of Provision)
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 30 days.
https://acquisition.gov/far/current/html/52_248_253.html#wp1120047 http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html https://www.acquisition.gov/?q=/browse/far/52 https://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#23673
(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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 (Base plus 4 options).
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2018)
(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).
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P128_20650
___ (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]
_XX__ (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.
_XX__ (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).
_XX__ (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)).
_XX__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_XX__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
_XX__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_XX__ (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).
_XX__ (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.
_XX__ (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.
_XX__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
_XX__ (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)).
_XX__ (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). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiv) 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.)
(xv) 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)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 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).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10
U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
As prescribed in 23.406(b), insert the following clause:
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2023_4.html#wp1086898
AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS
(SEPT 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States
Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any
USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between
October 1 and September 30; and
(2) Submit this report no later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
(End of clause)
PART III: LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS
SECTION J. ATTACHED DOCUMENTS, EXHIBITS…
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