Sol_140P8318Q0035.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

PY1

Attn: Ron Forsberg 360-854-7221 810 State Route 20 North Cascades National Park

DOI, NPS, PWR - OLYM MABO - NOCA

0009819289 CODE 16. ADMINISTERED BYCODE

X

X

X

238910

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORPPY

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/05/2018 1500 PT

03/15/2018

(360) 854-7221Myron Forsberg (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P8318Q0035

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 14 0040383488OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Sedro-Woolley WA 98284-1263

TELEPHONE NO.

17a. CONTRACTOR/

Marblemount, WA 98267 7280 Ranger Station Road North Cascades National Park National Park Service

15. DELIVER TO

Sedro-Woolley WA 98284-1263 Attn: Ron Forsberg 360-854-7221 810 State Route 20 North Cascades National Park

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS, PWR - OLYM MABO

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

140P8318Q0035 - Request for Quotations Construction Equipment Rental with Operator

Intent is to establish a Fixed-Price Requirements Contract for Construction Equipment Rental with Operator for the equipment items listed. Any resulting contract will be subject to Service Contract Labor Standards. Please read information on this form and the following pages for specifications, solicitation details and clauses and if interested provide a quote as indicated.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Myron Forsberg

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 04/15/2018 to 03/31/2019

Base Period (date of award thru 3/31/2019);

Option Yrs 1 & 2 may be exercised by the

Government IAW, FAR 52.217-9. Please provide pricing and include a detailed list(model/size) of specific equipment offered for service, with associated prices as follows:

00010 Construction Equipment Rental w/Operator

1. Excavator w/thumb: 20,000-40,000 lb. range

2. Dump Trucks: 10 or 12-cubic yard dump trucks

3. Road Grader: medium size w/ at least 12ft.

moldboard (blade size)

4. Bulldozer 12,000 - 30,000 lb. range

5. Front End Loader: w/ 1-3 yard bucket size

Write your business name, address, DUNS number and point of contact in Block 17a. Complete

Blocks 28 & 30 and pricing above. Please continue to next page for specifications, RFQ clauses and additional solicitation details...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

14 2 of

RFQ # 140P8318Q0035 North Cascades National Park

Request for Quotations – RFQ # 140P8318Q0035 - Construction Equipment Rental with Operator Requirements Contract – Storm/Erosion Damage Repair

Solicitation Information and Clauses:

Request for Quotations (RFQ 140P8318Q0035). This RFQ is being issued for Construction Equipment Rental with Operator for North Cascades National Park. The intent is to establish a “Fixed-Price Requirements” Contract for Construction Equipment Rental with Operator for: Dump Trucks; an Excavator with thumb; a Bulldozer; a Road Grader and a Front End Loader. The initial contract will run from award date in April 2018 to March 31, 2019, and possibly up to two option years at the discretion of the NPS, for a total of not to exceed three years. This RFQ and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-97 / 01-24-2018, RFQ is set aside for Small Businesses, NAICS 238910, Site Preparation Contractors, with a small business size standard of $15.0 million average annual gross receipts for the past three years. Any resulting contract will be subject to the Service Contract Labor Standards, Wage Determination # WD 15-5523 (Rev.-5) and/or WD 15-5531 (Rev.-5) first posted on www.wdol.gov on 01/16/2018. Construction Equipment Rental with Operator Services are to be performed as described in the Statement of Work (SOW) section below. The Government intends to make a Firm Fixed Price, Simplified Acquisition (FAR Part 13), Best Value Award to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The National Park Service (NPS) encourages the participation of disadvantaged and women-owned businesses.

Interested quoters must be registered in the System for Award Management (SAM) database before an award can be made to them. If the quoter is not registered in SAM, they may do so through the SAM website at https://www.sam.gov/portal/SAM/

1. Background:

The National Park Service (NPS), North Cascades National Park (NOCA) manages and maintains several roads (both paved and gravel roadways) and numerous campground areas within the park complex. When necessary NOCA is also responsible for storm damage and erosion repair to these roads and campground areas and so at times has a need for heavy equipment to perform a variety of maintenance tasks. The intent of this Solicitation (RFQ) is to establish rates and procedures for Construction Equipment Rental with Operator to assist with NPS maintenance operations, particularly to repair storm/flood-damaged areas and to assist in various construction projects. Construction Equipment Rental with Operator Services are to be performed as described in the Statement of Work (SOW) section below and this document also provides solicitation information and contract clauses.

Note, lodging and meal services are available in the area on a limited basis. Cellular phones are generally inconsistent in most areas within the park and there is no public internet access. Additional information about the park can be found at www.nps.gov/noca

2. Statement of Work (SOW):

a. Construction Equipment Rental with Operator. Contractor will provide the requested equipment listed below, including; all operator labor, costs for machine, (fuel, oil etc.) and transportation of equipment to and from the site required to provide storm damage/erosion repair or construction project work and services requested. All equipment to be called out and tasks to be performed shall be at the request of the Contracting Officer or a duly authorized Contracting Officer's Representative (COR). All work shall be in accordance with the terms, conditions, and specifications shown below. For work not specifically covered in the following specifications, performance of the work required will be as directed by the COR. The work required by this contract represents requirements in excess of the quantities that the government may itself perform. All work will be ordered and directed by the COR and shall be accomplished within the times specified for each task.

Contract will remain in effect from date of award until March 31, 2019, and possibly up to two option years at the discretion of the NPS, for a total of not to exceed three years or estimated total contract value of <$150,000.

https://www.sam.gov/portal/SAM/ http://www.nps.gov/noca

b. Location:

All equipment utilized and work required by the SOW will be performed in the North Cascades National Park Service Complex (NOCA), Skagit District (west side) in areas accessible from State Route 20. The park’s maintenance office is:

National Park Service North Cascades National Park 7280 Ranger Station Road Marblemount, WA 98267

During the spring of 2018, we plan major debris removal to Cascade River Road (CRR). Additionally work is often needed in the Colonial Creek Campground area and on the Thornton Creek Road, both of which are east of Marblemount on State Route 20 (SR 20). The CRR is a 23-mile long road extending east from Marblemount, leaving SR 20 at approximately milepost 106. Colonial Creek campground and Rhode Creek are located at approximately milepost 132 on SR 20, east of Newhalem. Thornton Lakes Road is located at approximately mile post 116 on SR 20 west of Newhalem. Equipment usually will be staged at either the Marblemount pit (milepost 1 on the CRR), the Newhalem pit, Milepost 20 on the Cascade River Road, or Colonial Creek campground.

c. Equipment and Schedule:

We intend to establish an "Indefinite Delivery Indefinite Quantity Requirements" fixed-price contract for:

1) Excavator w/thumb: 20,000 - 40,000 lb. range, with operator

2) Dump Trucks: 10 or 12-cubic yard dump trucks, with operator

3) Road Grader: medium size with at least 12ft. moldboard (blade size), with operator

4) Bulldozer 12,000 - 30,000 lb. range, with operator

5) Front End Loader: with 1 - 3 yard bucket size, with operator

Equipment is listed in descending order of importance to the NPS. If you have other useful equipment available, please include it in your quote. If you do not have all equipment listed here, submit a quote for what you have.

We prefer to award contract to one vendor; however we reserve the right to make multiple awards to make all necessary equipment available.

The contractor shall provide 10-12-cubic yard heavy-haul trucks and heavy equipment, in excellent condition, with fully licensed drivers. The contractor shall be responsible for the safe and legal condition and operation of the trucks and equipment. Hauling could take place in part, during the summer visitor season and on State Route

20. Truck and equipment time shall begin when trucks arrive at the project at the time set by the COR. This time will usually be 7:00 or 7:30 am. A half-hour lunch break shall be afforded at approximately 12:00 noon, but NPS will not pay for lunch breaks or time when the truck or equipment is not able to operate legally or safely.

Materials will be loaded by contractor's or NPS employees and drivers shall deliver and dump loads as directed by the COR or project inspector.

The excavator and/or front end loader will be operated by the contractor's employee(s) to load materials into the contractor's trucks and/or pups. All equipment must be leak-free, and all servicing must occur off-site. It is required that all equipment used in this contract and especially working in or near water contains bio-based hydraulic fluid. Information on this material can be viewed at https://www.biopreferred.gov/BioPreferred/.

During the contract period, the NPS shall order according to needs that arise. The Cascade River Road project will involve hauling of approximately 1,200 cubic yards or more of various storm related debris/material and may include more material as the season progresses and debris areas develop. Individual orders against the contract will be placed by telephone, e-mail, and/or fax, as mutually-agreed upon with the contractor. Persons authorized to place orders are the CO, COR and as otherwise directed by the CO.

https://www.biopreferred.gov/BioPreferred/

d. Safety and Accident Prevention:

• The Contractor is required to establish an effective accident prevention program, providing a safe environment for all employees, visitors, and park personnel.

• The Contractor shall hold weekly safety meetings and provide notification to the COR of the day and time of the meetings so that he/she may attend.

• Upon request, Contractor must submit proof of employees' qualifications to perform assigned duties in a safe manner.

• In the event of conflicts between Federal, State, and Local safety and health requirements, the most stringent shall apply.

• Equipment or tools must meet OSHA and state requirements. Failure to comply with the requirements of this section may result in suspension of work.

• All accidents must be reported to the COR immediately. A reportable accident is defined as death, occupational disease, traumatic injury to an employee or the public, property damage in excess of $100 and fires. Form DI-134 must be completed and submitted to the COR within three days of an accident.

Forms are available from the COR.

• Personal protective equipment must be worn and maintained in a serviceable condition and checked daily. Clean, sanitize, and repair equipment as appropriate.

• Contractor is required to provide all necessary traffic barriers, traffic control signs, markers, and flaggers when required during operations. Traffic control for occupied work areas shall be in accordance with National Standards contained in the Manual of Uniform Traffic Control Devices (MUTCD).

• Contractor's vehicles and machinery operating on or from the travel way or road shoulder shall have flashing lights, strobes, or rotary beacons operated continuously while work is in progress. Truck headlights shall be on while operating. Backup horns shall be required on all self-propelled equipment in excess of 8000 lbs. gross weight.

e. Noxious Weed Prevention:

To prevent the introduction of seeds from noxious weeds onto NPS land, the Contractor shall frequently wash all mechanized equipment thoroughly. This includes the removal of all soil, seeds, vegetative matter or other debris that could contain or hold seeds. The Contractor shall employ whatever cleaning methods are necessary to ensure compliance with the terms of this provision. Cleaning of equipment shall not occur on NPS land.

Notification will include identifying the location of the equipment's most recent operation. The NPS will inspect each piece of equipment prior to its being placed into service If a piece of equipment fails the inspection, the Contractor will be responsible to perform whatever methods are necessary to pass upon re-inspection and will bear all costs. If gravel is to be brought in for repair of storm damaged roads it must be from a certified “Weed Free” gravel pit, project manager or COR will work with park biologist to assure the gravel pit has been certified.

f. Rare and Endangered Species:

If work needs to occur after March 15th the Project Leader or COR will need to contact the park Biologist prior to beginning work to ensure no impact on Threatened and Endangered species.

g. Water Quality and Hydrology - Stream/Riparian:

No side casting will occur. All debris will be stored in locations to be determined by COR, either near Cascade River Road or Newhalem area.

h. Wilderness:

No action shall be taken in the wilderness. The wilderness Boundary is located 50 feet from either side of the centerline of Cascade River Road.

i. Visitor Use & Experience:

Project leader or COR will notify the parks chief of interpretation if any concerns arise that may impact the park visitors and their safety.

3. Invoicing and Payment Processing:

Invoices for equipment rental shall summarize equipment hours, date, and equipment location and be supported by signed time sheets. Payment will be made at the awarded rates for the actual number of hours worked to the nearest quarter hour. Payment will be made monthly, or more often as agreed to by the Contracting Officer, upon receipt of proper invoice. Invoices shall be submitted to the U.S. Department of the Treasury's Internet Payment Platform System (IPP); https://www.ipp.gov in accordance with the clause included in the clauses section (refer to IPP instructions in clauses section below). Payment will be by Electronic Funds Transfer (EFT) to the contractor’s bank account identified in their System for Award Management (SAM) record.

4. Price Schedule:

a. Price Schedule Instructions. All work shall be performed in accordance with the Statement of Work, Wage Determinations, and specific order details. In accordance with FAR clause 52.216-21, requirements, it is estimated that most equipment will be used for at least 8 hours, however; this estimate is not a guarantee and payment will be made for the actual number of hours worked. The minimum value of services to be ordered during the performance period is $3,000 and the total contract is not expected to exceed $150,000 for the entire contract period (base period plus up to two possible option years). At no time is the contractor authorized to perform services that in aggregate cost more than the amount shown as the total award amount, which represents a "not to exceed" (NTE) value on the purchase order or any current modification. The Government's obligation under this contract is contingent upon the availability of 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 obligated by the Contracting Officer by modification to this contract and so notifies the Contractor.

Contractors shall submit quote for Firm Fixed Price per Hour for Construction Equipment Rental with Operator requirements. For all unit-priced line items, provide the unit price and the extended total price. In case of errors in summations, the total of the corrected amounts govern. Round totals and extended prices to whole dollars.

b. Contract Price Schedule. If you have other equivalent equipment available, please include it in your quote. If you do not have all equipment listed here, submit a quote on what types of equipment you have. Quoters should provide a detailed list (model/size) of specific equipment they are offering for service, with associated prices as follows:

• Hourly Rate with Operator (should include all costs for machine, fuel and operator wages).

• Daily, weekly, and monthly rate, operated, if applicable

1. Excavator w/thumb: 20,000 - 40,000 lb. range, with operator

2. Dump Trucks: 10 or 12-cubic yard dump trucks, with operator

3. Road Grader: medium size with at least 12ft. moldboard (blade size), with operator

4. Bulldozer 12,000 - 30,000 lb. range, with operator

5. Front End Loader: with 1 - 3 yard bucket size, with operator

5. Award Info - Best Value Procurement:

The Government intends to make a Firm Fixed Price, Best Value Award to the responsible Quoter whose quote conforming to this solicitation (RFQ) will be most advantageous to the NPS. Evaluation will utilize Simplified Acquisition (FAR Part 13) procedures. See evaluation clause (FAR 52.212-2) below.

6. Instructions to Quoters / Quotation Submittals (see FAR clause 52.212-1):

a. SAM Requirement: Interested quoters must have an active registration in the System for Award Management (SAM) database before an award can be made to them. If not registered in SAM, they may do so through the SAM website at https://www.sam.gov/portal/SAM/ https://www.ipp.gov/ https://www.sam.gov/portal/SAM/

b. Quote Response Date and Contents:

The deadline for receipt of quotes is April 5, 2018 at 3:00 pm PT. Quotes may be submitted on letterhead or Standard Form (SF-1449), and must include, at a minimum:

1. Completed Price Schedule; Firm Fixed Price per Hour for Construction Equipment Rental with Operator.

a. Include detailed listing of operated equipment available, with make, model and year of manufacture, machine hours or miles, and hourly operated rental price for each.

b. List of fuels used in equipment and current price(s). An increase or decrease of greater than $0.30 per gallon, sustained for longer than 30 days, may trigger a negotiated adjustment in the operated equipment rental prices.

2. Documentation addressing the following items:

a. Technical Capability; Provide a description of plan for performing the Construction Equipment with Operator services and capabilities to perform the services including a list of operators' experience and training, as well as any pertinent certifications.

b. Past Performance; At least three references for recently-completed contracts, including company name, contact person, phone number, e-mail address (if available) and physical address. Highlight federal government contracts and work in remote areas. References must be available for contact by NPS, quotes may be considered non-responsive if not able to readily contact references.

3. Contractor’s remittance address, DUNS number, and federal tax identification number;

4. Name, phone number, and address of your point of contact;

5. Signature of official authorized to bind your organization.

Submit quote electronically by e-mailed message to Ron_Forsberg@nps.gov. Preferably your quote should consist of one pdf file in which the items listed above are combined. Each message must be no larger than 20MB in size due to system limitations. Include the solicitation number in the subject line. Alternatively, electronic quotes may be delivered on CD, DVD, or flash drive to Ron Forsberg, National Park Service, 810 State Route 20, Sedro-Woolley WA 98284.

c. Quoters bear full responsibility for on-time delivery of the quote to the Contracting Officer. Because of the possibility for undeliverable mail or e-mails that aren't received in time; interested quoters may contact via phone (360-854-7221) to confirm quote is received.

d. Questions regarding this solicitation must be submitted in writing to Ron_Forsberg@nps.gov. Answers will be provided in writing to the requester, if the answer is already within the solicitation (RFQ) or provided in amendment(s) to the RFQ.

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 AUTHORITIES AND DELEGATIONS

(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) Mr. Alan Schoblom will be appointed as COR/Inspector for this purchase order. He will be responsible for technical monitoring of the contractor's performance and deliveries.

(c) The Inspector 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 mailto:Ron_Forsberg@nps.gov that it considers to have been issued without prior authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the Inspector has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the Inspector’s authorities as described herein, 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 Inspector.

(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 Inspector acting within his or her appointment, shall be at the Contractor's risk.

SECTION H – SERVICE CONTRACT ACT WAGE DETERMINATION

Subject to the Service Contract Labor Standards, Wage Determination # WD 15-5523 (Rev.-5) and/or WD 15-5531 (Rev.-

5) first posted on www.wdol.gov on 01/16/2018.

SECTION I – SOLIITATION - CONTRACT CLAUSES

7. Solicitation / Contract Clauses: Commercial Clauses

ELECTRONIC INVOICING & PAYMENT REQUIREMENTS - Invoice Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or 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: Vendor’s business invoice (upload your business invoice as an attachment to the IPP invoice before you click “submit” in IPP).

Vendor’s failure to attach the required documentation will result in the IPP invoice being rejected.

NOTE: Content of a proper invoice shall include the following, in accordance with Federal Acquisition Regulation 32.9 – Prompt Payment:

(a) Name and address of the contractor.

(b) Invoice date and invoice number (Contractors should date invoices as close as possible to the date of mailing or transmission).

(c) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(e) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(f) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).(g) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective 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) prior to the contract award date, but no more than 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 (End of Local Clause) The National Park Service is a Federal Government agency exempt from state and local sales tax. Tax Exempt ID#140001849.

https://www.ipp.gov/

I.3 1452.228-70 Liability Insurance July 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$ 500,000 each person $1,000,000 each occurrence $3,000,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

FAR Clauses (apply to awarded contract):

52.252-2 Contract Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Items (Jan 2017);

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR Contract Clauses by Full Text:

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. (Jan 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77; 108-78 (19 US.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (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. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved] _ X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_ X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_ X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_ X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_ X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_ X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_ X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_ X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3.

_ X_ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ X_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer, Other than System for Award Management (Jul 13) (31 USC 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_ X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_ X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services— Requirements (May 2014) (41 U.S.C. chapter 67).

_ X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_ X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from start of contract through end of base period of 03/31/2019 and 04/01 – 03/31 of each option year, not to exceed 03/31/2021.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause)

FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one hour, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $50,000.00;

(2) Any order for a combination of items in excess of $150,000.00; or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within (2) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause)

FAR 52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule.

The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract.

Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 3/31/2019 and end delivery date of all option periods 3/31/2021 if exercised through 3/31/2021. (End of clause)

FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 Days.

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 day 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 3 (years).

FAR 52.223-2 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts. (Sept 2013)

(a) In the performance of this contract, the contractor shall make maximum use of bio-based products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated bio-based products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance. (End of clause)

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond Base Year.