140L4023Q0009_COMPLETEv2_0001.docx

This is a COMBINED SYNOPSIS / SOLICITATION for service prepared in accordance with the format in the Federal Acquisition Regulations (FAR) 13.105(b) and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation issued as Request for Quote (RFQ) 140L4023Q0009. A WRITTEN SOLICITATION WILL NOT BE ISSUED. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2023-02 and are available in full text through Internet access at http://www.acquisition.gov/far. The North American Industry Classification System (NAICS) code is 562991 and the small business size standard is $9.0 million. The proposed contract is 100% set-aside for Small Business concerns. All responsible small business concerns may submit an offer which shall be considered by the Bureau Of Land Management. The Government requires performance of the work described in these documents for the Vault Pumping.

***It is anticipated there will be one award resulting from this solicitation.***

Enter price/total on the SF1449 and fill in pricing for all items on the Schedule of Items using a typewriter or black ink.

Return Complete Offer Package to the Contracting Officer.

Package shall include the following items:

1. Signed SF 1449

2. Complete pricing for Schedule of items. (Pages 4- 5)

3. Complete response to all Section M / Evaluation Criteria (Page 15 &16)

Any questions must be submitted by April 12, 2023 at 12 noon Mountain Time.

Please email a complete electronic package to the Contracting Officer below by April 17, 2023 at 08:00

AM MST:

Bureau of Land Management Paul Grant – Administrative Contracting Officer 100 Sun Ave. NE Suite 300 Albuquerque, NM pgrant@blm.gov

Vendors MUST be registered and Active in the System for Award Management (SAM) system (www.SAM.gov) at the time of quotation submission, pursuant to FAR 52.204-7.

The selected vendor must comply with the following FAR commercial provisions and clauses, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items; FAR 52.212-4, Contract Terms and Conditions

- Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Amendment 0001

140L4023Q0009 BLM –Pecos District Page of

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Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225- 13, 52.232-34. The selected vendor must also comply with FAR 52.203-18, 52.209-11, and 52.211-6. The full text of these clauses may be viewed via https://www.acquisition.gov/far/.

PART I--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

Vault Toilet Pumping Services Bureau of Land Management Pecos District Corrected Bid Schedule MOD 0001

1 Singles

2 RV

2 RV

** QUOTE WILL BE RECEIVED AS BEST AND FINAL. *

**INCLUDE ALL APPLICABLE TAXES.

Total Base Year

Total Option Yr. 1

Total Option Yr.2

Total Option Yr. 3

Total Option Yr. 4

BASIS OF AWARD: Price shall be fair market value for materials, labor, and supplies represented in the specifications necessary to complete the project, and must include all taxes, all incidental expenses, and all direct and indirect costs. Bid price is assumed to be best and final offer. Award will be made based on Best Value to the Government. Best Value is a combination of total price offered, past experience and performance. MUST HAVE AN ACTIVE SAM REGISTRATION AT TIME OF AWARD TO BE CONSIDERERD. (See Evaluation Criteria page 15 &16).

NOTE: All bidders must submit a response to the evaluation criteria listed in Evaluation of the Solicitation in order to be considered for award. Failure to submit a written proposal responding to the evaluation criteria will result in the offer not being considered for award.

Signature Date

CONTRACT TIME – 365 days

FED TAX ID #: DUNS #:

For questions concerning contact BLM Contract Officer: Bryan Crawford (575)627-0233

SECTION C. - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Pecos District Vault Pumping Service

1. Background.

The BLM Pecos District Office oversees the Carlsbad and Roswell Field Offices and the Hobbs Field Station. The District encompasses over 3.5 million acres of public lands and over 7 million acres of Federal mineral estate. In managing these lands and mineral resources, the BLM is guided by the principles of multiple use and sustained yield and a recognized need to protect and enhance the natural and human environment.

Required Services.

The Contractor shall provide all personnel, equipment, tools, materials supervision, and other items and incidental services necessary to perform the removal of waste material from Vault Toilets and RV Dump Stations within the Pecos District. The Contractor shall be notified when service is required and shall perform services within five (5) business days of the notification.

2. Period of Performance, Location, Deliverables and Specifications.

Project Location & Deliverables – Pecos District, Southeast New Mexico (See Attached Location Maps )

1) Rob Jaggers Campground – One Double Vault (2,000 Gal), One Single Vault (1,000 Gal) and two RV Dump Stations (3200 Gal, 1500 Gal.) to be pumped three times a year as notified

2) Cave Canyon – Single Vault (1,000 Gal) to be pumped three times a year as notified

3) Valley of Fires – Four single vaults (1,000 Gal EA.) and two RV Dump Station (1200 Gal EA.) to be pumped three times a year as notified

4) Mescalero Sands OHV Area – One Single Vault (1,000 Gal) to be pumped two times a year as notified

5) Haystack Mountain OHV Area – One Double Vault (2,000 Gal) to be pumped two times a year as notified

6) Sunset Reef Campground - One Single Vault (1,000 Gal) to be pumped three times a year as notified

7) Hackberry Dunes - One Single Vault (1,000 Gal) to be pumped three times a year as notified

8) Hackberry Lake - One Single Vault (1,000 Gal) to be pumped three times a year as notified

9) La Cueva - One Single Vault (1,000 Gal) to be pumped three times a year as notified

10) Cottonwood Day Use Area - One Single Vault (1,000 Gal) to be pumped three times a year as notified

Specifications:

Contractor shall provide all personnel, equipment, tools, materials supervision, and other items and incidental services necessary to perform the removal of waste material from Vault Toilets and RV Dump Stations within the Pecos District. All holding tanks identified in the Project Location & Deliverables section shall be serviced. The project inspector (PI) will contact contractor when pumping is required. All waste is to be removed from vaults and disposed of in accordance with approved state and local laws within 5 business days of notification. Contractor is responsible for securing all necessary licenses and

BLM –Pecos District permits. Billing is to be made after every service has been made. The contractor shall provide an original invoice to the Contracting Officers Representative and Project Inspector.

3. Government Furnished Property, Materials & Supplies. No applicable requirements.

4. Business Hours. The contractor shall complete on-site work during normal business hours of 8:00 am to 4:30 pm, Monday through Friday, excluding Federal holidays. The contractor shall coordinate specific on- site work schedule with the Contracting Officer Representative (COR) and the Project Inspector. Work shall be completed within 5 business days of Contracting Officer notifying contractor of need for service.

5. Management. The contractor shall manage the total work effort in accordance with effective and efficient management principles and safe working practices to ensure on-time completion of this contract.

6. Safety & Environmental Compliance.

· The contractor shall comply with pertinent provisions of the Occupational Safety and Health Act (OSHA), and state, local, safety, laws.

· The contractor shall comply with pertinent Environmental Protection Agency laws and regulations.

· The contractor shall immediately report to the CO, COR or PI, all accidents resulting in employee injury, death or damage to property while performing this contract.

7. Insurance. The Contractor shall be insured in accordance with State of New Mexico insurance regulations. The Government is not responsible for damage to Contractor's equipment, vehicles, tools or materials or their employees and the personal property brought on-site. The Government will not accept any liability due to contractor employee negligence.

· Workers Compensation: The contractor shall furnish proof of workers compensation insurance to the Contracting Officer for those employees performing work related to this contract and shall comply with the Workman's Compensation Laws of the State of New Mexico.

· Liability: The Contractor shall maintain a level of insurance that will protect the contractor and the Government from any claims as a result of bodily injury (including death) and property damage which may arise from and during the performance of this contract and shall submit proof of insurance to the Contracting Officer.

8. Performance Requirements Summary (PRS). The contractor performance requirements are summarized into required services that relates directly to successful contract completion. The performance standard identifies the minimum acceptable levels of service allowed.

sow Section

Method Incentive Disincentive

Pump outs shall be serviced no later than five business days after contact has been made with contractor.

compliance

Amendment 0001

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9. Motor Vehicle & Traffic Regulations. Contractor employees operating motor vehicles shall possess a valid driver's license. Driver and vehicle permit, licenses, registrations, and proof of insurance shall be always maintained in the vehicle and made available upon request. Contractor employees shall comply with federal vehicle motor law requiring seat belts be always worn. Contractor employees shall adhere to the posted speed limits.

10. Replacement of Contractor Employee for Security Reasons. The Government retains the right to request removal of the contractor's employee(s), regardless of prior clearances.

11. Non-Payment for Additional Work. Any additional contractor performed services not specified in contract, either at its own volition or at the request of an individual other than an appointed Contracting Officer, except as may be explicitly authorized in the contract, shall be performed at the financial risk of the contractor. Only an appointed Contracting Officer is authorized to bind the Government to a change in specifications, contract terms, or conditions.

12. Conflict of interest. The contractor shall not employ off-duty COR's or other Government employees if such employment would create a conflict of interest or be contrary to the policies contained in conflict-of-interest directives.

13. Quality Control. The contractor shall establish and maintain a quality control to ensure the work performed conforms to the contract requirements. The Performance Requirements Summary establishes performance standards that are the minimum requirements for acceptable performance of required services. The contractor shall address methods for remedying poor performance in their offer. The Contractor's offer shall address:

· Required services identified in Performance Requirements Summary

· Contractor's surveillance methodology

· Method and timeframe for responding to COR or customer complaints

· Progress meetings with Government stakeholders

14. Contractor's Proposal Package. The following deliverables are to be submitted with offer in response to RFQ.

· Technical approach to perform required services.

· Contractor safety plan.

· Contractor's quality control practices

· Proof of insurance-Business Liability & Workers Compensation.

18. Inspection. The Government will conduct inspection upon completion of required services. Final payment will be processed upon confirming that all noted contractor performance deficiencies have been satisfactorily corrected.

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of Service

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of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Removed and reserved.

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

D - Packaging and Marking (End of Section) E - Inspection and Acceptance 52.246-2 Inspection of Supplies - Fixed-Price. (AUG 1996) (End of Section) F - Deliveries or Performance 52.211-16 Variation in Quantity. (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to: [10%] Percent increase

[10%] Percent decrease This increase or decrease shall apply to [Line items A-P] (End of clause)

* The quantities are not expected to increase.

52.242-15 Stop-Work Order. (AUG 1989) G - Contract Administration Data (End of Section) H - Special Contract Requirements (End of Section) I - Contract Clauses 52.202-1 Definitions. (NOV 2013) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.216-24 Limitation of Government Liability. (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding [$500]dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is [$0]dollars.

(End of clause) 52.216-25 Contract Definitization. (OCT 2010)

(a) A [insert specific type of contract] definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a [insert specific type of proposal (e.g., fixed-price or cost-and-fee)] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is: [insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and certified cost or pricing data]

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) above, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by-

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with subparagraph (c)(1) above, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

52.217-6 Option for Increased Quantity. (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within [90 days]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

52.222-17 Nondisplacement of Qualified Workers. (MAY 2014) 52.222-50 Combating Trafficking in Persons. (JAN 2019) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-1 Payments. (APR 1984) 52.232-25 Prompt Payment. (JAN 2017) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest After Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.243-1 Changes - Fixed-Price. (AUG 1987) - Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items. (AUG 2019) 52.245-1 Government Property. (JAN 2017) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) J - List of Documents, Exhibits and Other Attachments

K - Representations, Certifications, and Other Statements of Bidders

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-Representation and Certifications. (AUG 2018)

L - Instructions, Conditions, and Notices to Bidders

Enter price/total on the SF1449 and fill in pricing for all items on the Schedule of Items using a typewriter or black ink.

Return Complete Offer Package to the Contracting Officer.

Package shall include the following items:

l. Signed SF 1449

m. Complete pricing for Schedule of items. (Pages 4- 5)

n. Complete response to all Section M / Evaluation Criteria (Page 15 -16)

52.204-16 Commercial and Government Entity Code Reporting. 52.214-3 Amendments to Invitations for Bids.

52.214-3 Amendments to Invitations for Bids. (Dec 2016) 52.214-4 False Statements in Bids. (Apr 1984) 52.214-5 Submission of Bids. (Dec 2016) 52.214-6 Explanation to Prospective Bidders. (Apr 1984) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (Nov 1999) 52.214-10 Contract Award-Sealed Bidding. (July 1990) 52.214-12 Preparation of Bids. (Apr 1984) 52.214-15 Period for Acceptance of Bids. (Apr 1984) 52.214-20 Bid Samples. (Apr 2002) 52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

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 5 days .

(End of clause)

2.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

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 60 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 Days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _October 17, 2027_.

52.232-18 Availability of Funds.

As prescribed in 32.706-1(a), insert the following clause:

AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.232-19 Availability of Funds for the Next Fiscal Year.

As prescribed in 32.706-1(b), insert the following clause:

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond April 17, 2024. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond April 17, 2024, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer].

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

M - Evaluation Factors for Award

The Government is seeking offers that provide the best combination of quality and price in order to select the greatest overall benefit or “best value” offer. Therefore, award may be made to other than the lowest price offered. The evaluation criteria are listed below.

Technical factors other than cost/price, when combined, are considered significantly more important than cost/price.

· Past performance. List examples of previous successful septic service preformed for a large area similar to this solicitation. The examples may come from federal, state, or local government, or from private industry. If an offeror has no past performance history as an organization with these types of clients, the offeror shall provide past performance/experience history performing these services. (List 3 projects within the last 5 years in order by year starting with the most current project. Please list the following information: Year, title, award amount, point of contact and validate the point of contact’s telephone number is current. If evaluation panel can not contact the reference because of a invalid phone number, it may be reflected in your evaluation score.

· Personnel qualifications. Qualifications and area-specific experience of supervisors and personnel who will perform services. Submit each employee’s certification/licenses who will perform services. Employee shall be certified/licensed in the state of New Mexico.

(Relevant experience can also be included in previous projects.)

· Price

(End Of Section)

ATTACHMENTS

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g., |The contractor must pay all covered workers |

|2022, and the contract is not renewed |The contractor must pay all covered workers |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: New Mexico

Area: New Mexico Counties of Chaves, Eddy, Lincoln, Otero

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations

27.93

17.69

12.70***

13.86***

20.77

14.08***

14.08***

12.20***

13.31***

14.95***

19.72

11.49***

12.91***

14.08***

26.40

14.64***

15.82***

15.82***

17.69

19.72

18.57

Administrator

26.07

31.55

16.92

18.19

20.58

22.97

25.52

28.24

16160 16190

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II