Clauses___Provisions_Revised_1_25_2022_Amend_0002_0002.doc
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- SEPTIC WASTE REMOVAL-BPA SETUP
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| B12_-_QUESTIONS__ANSWERS_-_PR_40561773_0003.docx | DOCX document | |
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| Sol_140L3922Q0012_Amd_0002.pdf | ||
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| B08_RFQ_Clause_Pkg_PR_40561773_0001.doc | DOC document | |
| A04_STATEMENT_OF_WORK_UPDATED_0001.doc | DOC document | |
| A04_Septic_Map_(3).pdf | ||
| Sol_140L3922Q0012.pdf | ||
| B03_SERVICE_CONTRACT_ACT_WD_2015-5593.pdf | ||
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Septic Waste Removal
Blanket Purchase Agreement Setup Issuing Office: BLM Nevada State Office
Location: BLM Southern Nevada District Office
Request for Quote: 140L3922Q0012
AMENDMENT 0002
TABLE OF CONTENT
5SECTION 1
SPECIFICATIONS
7SECTION 2
CONTRACT CLAUSES
752.252-2 Clauses Incorporated by Reference
852.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items ……………………...……………………………………………………...
151452.201-70 Authorities and Delegations
161452.215-70 Examination of Records by the Department of the Interior
17Indemnification
17Electronic Invoicing and Payment Requirements–Invoice Processing Platform (IPP)
HYPERLINK \l "_Toc94015510"
191510.046 Contracting Officer’s Representative (COR) and/or Project Inspector
191510.301 Inspection
191510.302 Acceptance
191510.322 Procurement Office Representative
20SECTION 3
LIST OF ATTACHMENTS
21SECTION 4
REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
2152.252-1 Solicitation Provisions Incorporated by Reference
2152.252-5 Authorized Deviations in Provisions
2152.204-20 Predecessor of Offeror
2252.204-26 Covered Telecommunications Equipment or Services-Representation
22Quote Submission
2352.212-2 Evaluation - Commercial Items
2452.212-3 Offeror Representations and Certifications-Commercial Items
4552.222-22 Previous Contracts and Compliance Reports
4552.222-25 Affirmative Action Compliance
4652.233-2 Service of Protest Department of the Interior
SECTION 1
SPECIFICATIONS
The Nevada Bureau of Land Management (BLM), Southern Nevada District Office, has a requirement for Waste Removal from Vault Toilets and Septic Tanks within the area of the Red Rock National Conservation Area, Las Vegas, NV. The purpose of this requirement is to establish a Multiple Award, Blanket Purchase Agreement (BPA) for Waste Removal in the Southern Nevada District Area.
Please see attached Statement of Work and Bid Schedule.
The BLM Nevada State Office intends to award multiple Blanket Purchase Agreements (BPA). The Service Contract Act (SCA) is applicable and the appropriate SCA Wage Decisions are included as attachments.
This is a solicitation for Full and Open competition, with no set-aside for any concerns under NAICS CODE: 562991 – Septic Tank and Related Services. Quotes must be submitted via email to: djwatson@blm.gov.
1. Quote Submission: Electronic Submittal. Quote submission must include the following items:
· Standard Form 1449: Sections 17a, 30a, 30b and 30c completed, include DUNS# in section 20.
· Bid Schedule: complete and submit fillable PDF as Price quote. (attached)
· FAR 52.204-24 Representation: complete and submit fillable PDF. (attached)
· Standard Form 30: as applicable for each amendment to solicitation, acknowledgement by completion of Section 8, 15A, 15B, and 15C.
Quotes must be submitted via email to: djwatson@blm.gov
2. General Description of Agreement: The Bureau of Land Management (BLM) Southern Nevada District Office will need the service to Remove Waste from Vault Toilets and Septic Tanks within the city limits of Las Vegas, NV.
BPA award holders will be given fair opportunity to be considered for each order placed (with availability and price being considered). The ordering activity need not contact each of the multiple award BPA holders before placing an order if information is available to ensure that each BPA holder is provided a fair opportunity to be considered for each order. This Agreement does not preclude the Government from using any Agency or Agency Cooperator owned resources before services are mobilized under this Agreement.
BPA’s shall not exceed 5 years. BPA’s will be reviewed at least once a year to determine whether:
(i) The BPA still represents the best value to the government (in accordance with Federal Acquisition Regulations), and
(ii) Price schedules are still considered fair and reasonable based on current market prices for the subject areas. Current price schedules are to be submitted for each year that the BPA is in place.
3. Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under the BPA.
4. Purchase Limitation: Individual purchases under this agreement shall not exceed the authority of the individual placing the order.
5. Individuals authorized to purchase under the BPA: Individuals authorized at this time are:
Bureau of Land Management (Nevada), Contracting Officer, NTE amount as stated in individual warrant. Each BPA Call is not to exceed $100,000.00.
6. Delivery Tickets: All orders under this agreement shall be accompanied by delivery tickets or sales slips which shall contain the following minimum information:
(a) Name of Contractor
(b) BPA number
(c) Location of Rental/Lease Office
(d) BPA Call Number
(e) Require a minimum of 25 single or double occupancy rooms for seasonal employees
(f) Rooms as required for approximately period covering May 01, 2021 through Sept 1, 2021
7. Invoices: A summary invoice shall be submitted no more than monthly or upon expiration of the individual BPA Call, or expiration of this BPA, whichever occurs first. Invoices are to be submitted to the address specified on the individual BPA Call. Payments will be made via the Internet Payment Platform (IPP) or by government Charge Card. Payment method will be identified in each BPA Call. If IPP is designated as the payment method for the order the contractor is required to submit their commercial invoice via IPP for processing. Ordering office will submit a Purchase Requisition (PR) with all applicable supporting documentation listed above.
8. Clauses: This order 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 the address: https://www.acquisition.gov/content/regulations
9. Issuance of BPA Calls:
a) Each BPA holder will be provided a fair opportunity to be considered for each BPA Call/Order.
b) Request for Quotes (RFQ) will be issued, via email, to eligible BPA holders. The RFQ shall include:
i. Description of Temporary Housing/Quarters/Lodging
ii. Required Lease/Rental period
iii. RFQ due date
iv. How quotes will be evaluated (availability and price)
v. Any other pertinent information
c) BPA Calls shall be subject to the terms and conditions of this BPA and any subsequent clauses that are included with each BPA Call.
d) The manner in which quotes will be evaluated will be identified within each individual RFQ.
10. Price: Price for supplies will be based on contractor’s submitted price list. Offerors are further advised that unit costs quoted under this solicitation are the maximum allowable for all future task orders issued against the resulting BPA Call and include all travel, materials, indirect costs and fees. Price list may be updated annually, or as otherwise authorized by the Contracting Officer.
11. Payments: The host agency for each incident is responsible for payments. The payment office will be identified on each BPA Call, or other ordering documentation used at the time of order. Procurement and
Ordering Officials are authorized to place calls against this BPA or to make charge card payments within their individual authority when supporting host agency while adhering to their agency’s charge card and check writing policies.
Consistent with guidance from the Centers for Disease Control and Prevention (CDC), the Safer Federal Workforce Task Force, and the Federal Protective Service COVID-19 Guidance Update, the Department of the Interior is establishing specific safety protocols for fully vaccinated people and other than fully vaccinated people entering our buildings and other facilities.
By submitting a quote in response to this solicitation you are agreeing to this requirement and understand that contractors who are required to work on-site in Federal buildings or Federally controlled indoor worksites must submit a Certification of Vaccination following award.
Those employees that are not fully vaccinated must comply with the following safety protocols while in a Federal facility:
• Wear a mask regardless of the level of community transmission;
• Physically distance; and
• Provide proof of having received a negative COVID-19 test from within the previous 3 days
If a selected contractor and/or their employee fails to complete the signed attestation or obtain a required negative COVID-19 test, they may be denied entry to a Federal facility.
Selected contractor will receive a letter indicating they are working on a federal contract.
SECTION 2
CONTRACT CLAUSES
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):
http://www.acquisition.gov/far/ http://farsite.hill.af.mil/
| Clauses |
| Title |
| Date |
| 52.203-7 |
| Anti Kickback Procedures |
| Jun 2020 |
| 52.203-19 |
| Prohibition on Requiring Certain Internal Confidentiality Agreements of Statements |
| Jan 2017 |
| 52.204-13 |
| System for Award Maintenance |
| Oct 2018 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| Aug 2020 |
| 52.204-19 |
| Incorporation by Reference of Representation and Certifications |
| Dec 2014 |
| 52.204-25 |
| Prohibition on Contracting for Certain Telecommunication and Video Surveillance Service or Equipment |
| Nov 2021 |
| 52.212-4 |
| Contract Terms and Conditions – Commercial items |
| Oct 2018 |
| 52.217-8 |
| Option to Extend Services |
| Nov 1999 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| Jun 2013 |
| 52.232-40 |
| Providing Accelerated Payment to Small Business Subcontractor |
| Dec 2013 |
| 52.242-15 |
| Stop-Work Order |
| Aug 1989 |
| 52.243-1 |
| Changes |
| Aug 1997 |
| 52.246-4 |
| Inspection of Services – Fixed Price |
| Aug 1996 |
| 52.246-25 |
| Limitation of Liability Services |
| Feb 1997 |
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items
Jan 2022
(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 products and commercial services:
(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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 products and commercial services:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
_X_ (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 (Jun 2020) (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).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved]
__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_X_ (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 (Nov 2021) (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 (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).
__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).
__ (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (37) (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.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (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.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (43) (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.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
_X_ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.
__ (iii) Alternate II (Jan 2021) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 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. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (63)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) 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 products and commercial services:
_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
Wage Determination No.: 2015-5593
Revision No.: 18
Date of Last Revision: 12/27/2021
_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (Nov 2021) (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 (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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 (Nov 2021) (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 and 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 (May2014) (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 (Nov 2021) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).
(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 (Jun 2020) (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 (Nov 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
1452.201-70 Authorities and Delegations
Sep 2011
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.
The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
1452.215-70 Examination of Records by the Department of the Interior Apr 1984
For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215–1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.
(End of clause)
Indemnification
Nov 2007
The contractor is an 'independent contractor' and shall obtain all necessary insurance to protect himself from liability arising out of this contract.
The contractor hereby agrees to indemnify and hold the Government harmless in connection with, any loss or liability from damage to or destruction of property or from injuries to or death of persons (including the agents and employees of both parties) if such damage, destruction, injury or death arises out of, or is caused by performance of work under this contract, unless such damage, destruction, injury or death is caused solely by the negligence of the Government, its agents or employees. The contractor agrees to include this clause, appropriately modified, in all subcontracts to be performed under this contract.
(End of Clause)
Electronic Invoicing and Payment Requirements–Invoice Processing Platform (IPP) Apr 2013 Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment 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 the 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:
1. Contractors itemized invoice must be uploaded and attached to the IPP electronic invoice.
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 the contract award 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.
Contractor Performance Assessment Reporting System
Dec 2015
FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at
HYPERLINK "https://www.cpars.gov/" https://www.cpars.gov/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance. All information provided should be reviewed for accuracy prior to submission.
If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
The following guidelines apply concerning your use of the past performance evaluation:
Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
1510.046 Contracting Officer’s Representative (COR) and/or Project Inspector (PI)
Apr 1998
The COR and/or Project Inspector (PI) will be appointed by the Contracting Officer upon award of the contract. Such COR/PI will be responsible for giving the Contractor any special instructions or guidance necessary to complete delivery as required by the contract. The COR and/or PI does not have the authority to modify or in any way amend the terms of this contract
The designated COR for this Blanket Purchase Agreement:
Will be provided upon each BPA Call 1510.301 Inspection
Aug 1999
(a) Work will be subject to periodic inspections by the Government to assure satisfactory progress, to determine quantities or work performed for progress payment purposes, to be certain that work is being performed in accordance with contract specifications, and to determine if work corrections are necessary.
(b) Inspection in the form of a review of all required reports will be performed by the Contracting Officer's Representative (COR). Accordingly, all reports, data, and documentation required by the contract will be submitted to the COR who will recommend approval/disapproval for acceptance purposes to the Contracting Officer.
(c) The Contractor shall notify the COR or the Project Inspector (PI) at least 3 days before the scheduled completion date, so the Government can schedule final inspection. The Contractor will not be granted a time extension to perform a work correction required as a result of a periodic or final inspection if such correction is necessary because of improper work by the Contractor. The Contractor or his authorized representative must be at the worksite at time of final inspection.
1510.302 Acceptance
Final inspection and acceptance of all items/services to be delivered under this contract shall be the responsibility of the Contracting Officer. Quality of work is subject to verification by the COR, with final payment to be withheld pending completion of any necessary rework by the Contractor.
1510.322 Procurement Office Representative
The Procurement Office Representative for this Blanket Purchase Agreement is:
Deforest Watson BLM Nevada State Office 1340 Financial Blvd, Reno, NV 89502 Phone: 775-861-6440, Email: mdjwatson@blm.gov
SECTION 3
LIST OF ATTACHMENTS
1. Statement of Work (4 pages)
2. SCAWage Determination 2015-5593 (13 pages)
3. Map Septic (1 page)
4. Bid Schedule (1 page), Added RFQ Amendment 0002
SECTION 4
REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
52.252-1 Solicitation Provisions Incorporated by Reference
Feb 1998
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://beta.sam.gov/ 52.252-5 Authorized Deviations in Provisions
Nov 2020
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Department of the Interior (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
| Clauses |
| Title |
| Date |
| 52.203-18 |
| Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation |
| Jan 2017 |
| 52.204-7 |
| System for Award Management |
| Oct 2018 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| Aug 2020 |
| 52.204-17 |
| Ownership or Control of Offeror |
| Aug 2020 |
| 52.212-1 |
| Instructions to Offerors – Commercial Items |
| Jul 2021 |
52.204-20 Predecessor of Offeror
Aug 2020
(a) Definitions. As used in this provision– Commercial and Government Entity (CAGE) code means–
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it __ is or __ is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: (or mark "Unknown").
Predecessor legal name: .
(Do not use a "doing business as" name).
52.204-26 Covered Telecommunications Equipment or Services-Representation Oct 2020
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c) (1) Representation. The Offeror represents that it __ does, __ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it __ does, __ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision) Quote Submission Electronic Submittal. The Offeror shall complete and submit all below artifacts, and any supporting documents via email to: mbarraza@BLM.gov, submissions must include the following items:
· Standard Form 1449: Sections 17a, 30a, 30b and 30c completed, include DUNS# in section 20.
· Technical Specifications, items meet minimum technical specifications as listed in the solicitation.
· Bid Schedule: complete and submit fillable PDF as Price quote. (attached)
· FAR 52.204-24 Representation: complete and submit fillable PDF. (attached)
· Standard Form 30: as applicable for each amendment to solicitation, acknowledgement by completion of Section 8, 15A, 15B, and 15C.
In accordance with FAR 4.1201, prospective contractors shall complete electronic annual representations and certifications at SAM accessed via representations and certifications shall be entered through https://www.acquisition.gov.
General:
This is a Request for Quote (RFQ). An award notice will be posted on the Federal Business Opportunities website located at https://beta.sam.gov/ upon award. The award notice will include the awardee’s name and address and total award amount.
Quotes shall be submitted in two parts consisting of (1) Technical Specification and (2) Price (Bid Schedule).
Part 1 should not contain any price information for this project. Each part shall be separate and complete in itself so that evaluation of one may be accomplished independently of the other. The Government is not responsible for locating or obtaining any information not identified in the submission. Sufficient and detailed information must be presented in the submission to enable the Government to evaluate the quote fully in accordance with the Evaluation and Award Factors set forth in this solicitation. The Government is not obligated to ask for additional information and in the absence of appropriate information the contractor’s submission will be rated deficient.
The Offeror shall complete and submit all applicable Representations, Certifications and Other Statements of Offerors. In accordance with FAR 4.1201, representations and certifications shall be submitted to the System for Award Management (www.sam.gov) and updated at least annually to ensure they are kept current, accurate, and complete.
52.212-2 Evaluation - Commercial Items
Oct 2014
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers (in descending order of importance):
(i) Technical Specifications:
Contractors quote should confirm all items meet minimum technical specifications as listed in the solicitation. Offeror is to submit enough detail to allow the government to confirm offer meets requirements in solicitation.
(ii) Past Performance:
Offeror is cautioned that sufficient information must be presented to enable the Government to evaluate the Contractor's proposed past performance and determine relevancy to this project. It is the quoter’s responsibility to ensure contact references are provided with current and accurate contact information.
Provide a list of at least three (3) projects similar in type, complexity, and magnitude completed within the last three (3) years. Include a brief narrative of the projects to show relevancy to the work described in the attached Statement of Work. It is desirable, but not required, that references be other Federal Agencies.
Provide past performance references including, at a minimum, the following information:
1. Name of Project
2. Location of Project
3. Contract Number
4. Period of Performance
5. Total cost for Project
6. Name of Agency/Entity
7. Point of Contact for Agency/Entity (including Phone & Fax Numbers)
8. Complete and thorough description of services performed (to show specific relevancy to this project). Description should include specifics about the scope of projects completed. This information is requested to assist in evaluation of relevancy to this project in terms of type, complexity, and magnitude. Submissions that do not include this information will be rated accordingly.
a.
Accuracy and thoroughness of the information provided b.
Relevancy of past performance provided (unless a neutral rating is requested per instructions)
c. References and past performance of the company to show quality of work necessary to successfully provide these services.
Offerors WITHOUT RECENT OR RELEVANT REFERENCES shall submit a statement to such effect in order to be considered as having "Neutral" Past Performance history. All others will be rated deficient in the past performance category.
(iii) Price:
Offeror to complete the Bid Schedule and as the price submission. Price should include ALL associated costs, to include the unit & total costs and delivery to the location identified in the solicitation.
The BLM is anticipating a single award Blanket Purchase Award (BPA) to those vendors that rate technically acceptable.
Technical and Past Performance, when combined, are more important than price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision) Evaluation Factors:
Quotes submitted will be evaluated according to the criteria stated below. An evaluation will be performed on each offeror's submission based on the information furnished…
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