2020 D1 Cave Creek RD Ground Trash Removal RFQ.pdf

Service SOL NO: 12837120Q0116

PROJECT: 2020 D1 Cave Creek RD Ground Trash Removal

UNIT: Tonto N.F./Cave Creek RD

PART I—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

Bartlett Lake Recreation Area (Peak Season)

Base Period

Period of performance

5 June 2020 – 31 March 2021

Site

No.

Supplies and Services

Description

Unit of

Measure Quantity Unit Price Total

1 Rattlesnake Cove MO 4.75 $______________ $___________

2 Bartlett Flats MO 4.75 $______________ $___________

3 SB Cove MO 4.75 $______________ $___________

Bartlett Lake Recreation Area (Off Season)

Period of performance

1 April 2020 – 31 March 2021

Site

No.

Supplies and Services

Description

Unit of

Measure Quantity Unit Price Total

1 Rattlesnake Cove MO 5 $_____________ $___________

2 Bartlett Flats MO 5 $_____________ $___________

3 SB Cove MO 5 $_____________ $___________

Needle Rock Recreation Area (Peak Season)

Period of performance

1 April 2020 – 31 March 2021

Site No.

Supplies and

Services Description

Unit of

Measure Quantity Unit Price Total

1 Box Bar MO 4.75 $_____________ $___________

Needle Rock Day

Use MO 4.75 $_____________ $___________

3 Needle Rock Beach MO 4.75 $_____________ $___________

Needle Rock Recreation Area (Off Season)

Period of performance

1 April 2020 – 31 March 2021

Site No.

Supplies and

Services Description

Unit of

Measure Quantity Unit Price Total

1 Box Bar MO 5 $____________ $___________

Needle Rock Day

Use MO 5 $____________ $___________

3 Needle Rock Beach MO 5 $____________ $___________

Service SOL NO: 12837120Q0116

Option Year 1

Period of performance

1 April 2021 – 31 March 2022

Site No.

Supplies and

Services Description

Unit of

Measure Quantity Unit Price Total

1 Rattlesnake Cove MO 7 $____________ $___________

2 Bartlett Flats MO 7 $____________ $___________

3 SB Cove MO 7 $____________ $___________

Period of performance

1 April 2021 – 31 March 2022

Site No.

Supplies and

Services

Description

Unit of

Measure Quantity Unit Price Total

1 Rattlesnake Cove MO 5 $____________ $___________

2 Bartlett Flats MO 5 $____________ $___________

3 SB Cove MO 5 $____________ $___________

Period of performance

1 April 2021 – 31 March 2022

Site No.

Supplies and

Services Description

Unit of

Measure Quantity Unit Price Total

1 Box Bar MO 7 $____________ $___________

Needle Rock Day

Use MO 7 $____________ $___________

3 Needle Rock Beach MO 7 $____________ $___________

Period of performance

1 April 2021 – 31 March 2022

Site No.

Supplies and

Services Description

Unit of

Measure Quantity Unit Price Total

1 Box Bar MO 5 $____________ $____________

Needle Rock Day

Use MO 5 $____________ $____________

3 Needle Rock Beach MO 5 $____________ $____________

Service SOL NO: 12837120Q0116

Option Year 2

Period of performance

1 April 2022 – 31 March 2023

Site No.

Supplies and

Services Description

Unit of

Measure Quantity Unit Price Total

1 Rattlesnake Cove MO 7 $__________ $___________

2 Bartlett Flats MO 7 $__________ $___________

3 SB Cove MO 7 $__________ $___________

Period of performance

1 April 2022 – 31 March 2023

Site No.

Supplies and

Services Description

Unit of

Measure Quantity Unit Price Total

1 Rattlesnake Cove MO 5 $__________ $_____________

2 Bartlett Flats MO 5 $__________ $_____________

3 SB Cove MO 5 $__________ $_____________

Period of performance

1 April 2022 – 31 March 2023

Site No.

Supplies and Services

Description

Unit of

Measure Quantity Unit Price Total

1 Box Bar MO 7 $__________ $_____________

2 Needle Rock Day Use MO 7 $__________ $_____________

3 Needle Rock Beach MO 7 $__________ $_____________

Period of performance

1 April 2022 – 31 March 2023

Site No.

Supplies and

Services Description

Unit of

Measure Quantity Unit Price Total

1 Box Bar MO 5 $____________ $___________

2 Needle Rock Day Use MO 5 $____________ $___________

3 Needle Rock Beach MO 5 $____________ $___________

Service SOL NO: 12837120Q0116

Option Year 3

Period of performance

1 April 2023 – 31 March 2024

Site No.

Supplies and

Services Description

Unit of

Measure Quantity Unit Price Total

1 Rattlesnake Cove MO 7 $__________ $___________

Period of performance

1 April 2023 – 31 March 2024

Site No.

Supplies and Services

Description

Unit of

Measure Quantity Unit Price Total

1 Rattlesnake Cove MO 5 $__________ $___________

2 Bartlett Flats MO 5 $__________ $___________

3 SB Cove MO 5 $__________ $___________

Period of performance

1 April 2023 – 31 March 2024

Site No.

Supplies and Services

Description

Unit of

Measure Quantity Unit Price Total

1 Box Bar MO 7 $__________ $___________

2 Needle Rock Day Use MO 7 $__________ $___________

3 Needle Rock Beach MO 7 $__________ $___________

Period of performance

1 April 2023 – 31 March 2024

Site No.

Supplies and

Services Description

Unit of

Measure Quantity Unit Price Total

1 Box Bar MO 5 $__________ $___________

2 Needle Rock Day Use MO 5 $__________ $___________

3 Needle Rock Beach MO 5 $__________ $___________

Service SOL NO: 12837120Q0116

Option Year 4

Period of performance

1 April 2024 – 31 March 2025

Site No.

Supplies and Services

Description

Unit of

Measure Quantity Unit Price Total

1 Rattlesnake Cove MO 7 $__________ $___________

Period of performance

1 April 2024 – 31 March 2025

Site No.

Supplies and Services

Description

Unit of

Measure Quantity Unit Price Total

1 Rattlesnake Cove MO 5 $__________ $___________

2 Bartlett Flats MO 5 $__________ $___________

3 SB Cove MO 5 $__________ $___________

Period of performance

1 April 2024 – 31 March 2025

Site No.

Supplies and Services

Description

Unit of

Measure Quantity Unit Price Total

1 Box Bar MO 7 $__________ $___________

2 Needle Rock Day Use MO 7 $__________ $___________

3 Needle Rock Beach MO 7 $__________ $___________

Period of performance

1 April 2024 – 31 March 2025

Site No.

Supplies and Services

Description

Unit of

Measure Quantity Unit Price Total

1 Box Bar MO 5 $__________ $___________

2 Needle Rock Day Use MO 5 $__________ $___________

3 Needle Rock Beach MO 5 $__________ $___________

Service SOL NO: 12837120Q0116

DUNS NO: ____________________________________

TIN NO: ______________________________________

NOTE: All pricing shall include New Mexico Tax and fees if applicable.

NOTE: No award will be made unless offeror is currently registered in the SAM database.

Offerors shall bid on ALL line items.

“I have read and Acknowledge of Tax Delinquency on page 47 - 49.

Signature:______________________________________

Date:________________________________

See Section M for evaluation criteria. Offeror’s must submit offers in accordance with

Section M of solicitation. Offerors at a minimum shall submit: Signed SF-1449, Schedule of Items, Experience, Technical Approach and Section K Reps and Certs.

NOTE: E-MAIL OFFERS WILL BE ACCEPTED. Email: geraldine.carrasco@usda.gov. It is the responsibility of the Contractor to confirm that offer was received.

Service SOL NO: 12837120Q0116

CAVE CREEK RANGER DISTRICT GROUND TRASH

STATEMENT OF WORK (SOW)

SECTION 1

GENERAL

1.1 SCOPE OF WORK. The intent of this contract is to provide scheduled ground trash pickup services and light maintenance for the Cave Creek Ranger District. The contractor shall provide these services at 6 recreation sites on the Cave Creek Ranger District of the

Tonto National Forest, during the base period June 5, 2020 to March 31, 2021, including four additional one-year Option Periods. Option Periods go from April 1 to March. This statement of work consists of completing the objectives in Section 1.1.3 to the performance requirements of each recreation site listed in section 5.

1.1.1 LOCATIONS.

The designated pickup areas are located within recreation sites at Bartlett Lake and Needle Rock. All of these sites are located within Maricopa County, Arizona.

See attached maps.

Collection Sites

BARLETT LAKE RECREATION AREA

Rattlesnake Cove

SB Cove

Bartlett Flats

NEEDLE ROCK RECREATION AREA

Box Bar

Needle Rock Day Use

Needle Rock Beach

1.1.2 ACCESSIBILITY

The Cave Creek Ranger District Office can be accessed via the 101 North to Pima Road, then east on Cave Creek Road to the Bartlett Lake turn-off. To reach Bartlett Lake, continue east on Bartlett Dam Road, which terminates at the recreation area. For Needle

Rock head East on Dynamite Road from Pima Road, at the 3-way intersection with Rio

Verde Road, then north on Forest Road 20.

Service SOL NO: 12837120Q0116

1.1.3 OBJECTIVES

To provide ground trash pickup and light maintenance at 6 recreation sites on the

Tonto National Forest, Cave Creek Ranger district.

Micro trash shall be collected at least once monthly.

Pressure washing to be performed at least twice weekly on Sunday and Monday

(during Peak Season), and at least once per week on Monday (during Off Season).

Contractor is responsible for supplying their own trash pickers, weed eaters and beach rakes.

1.2 SCHEDULED SERVICES

PEAK SEASON (April – October)

1.2.1 All recreation sites shall be serviced 4 days: Friday, Saturday, Sunday, and Monday for the months of April through October.

OFF SEASON (November – March)

1.2.2 All recreation sites shall be serviced 2 days: Friday and Monday for the months of

January, February, March, November and December.

HOLIDAYS

1.2.3 All recreation sites shall be serviced on the next day if any of the following holidays occur on a Monday: Memorial Day, Independence Day, and Labor Day

If servicing of any recreation site is missed due to road closures, blocked access, and/or weather, the contractor shall immediately notify the COR.

1.3 QUALITY CONTROL:

The COR will perform periodic inspections of all work on site and will assist the contractor in identifying light maintenance items to be repaired.

Acceptance of the work under the contract will be made when the Contracting

Officer/COR determines it acceptable and processes and/or deliverables conform to the contract requirements.

Service SOL NO: 12837120Q0116

When inspections indicate the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has assured the

Government that its Quality Control measures have corrected the deficiencies.

Inspections after rework will be made in the same manner as the first inspection. The cost to the Government for inspections necessitated by the rework will be deducted from any payments to the Contractor. If rework is not done, the contract’s unit price for the item will be reduced to reflect the actual benefit the Government received.

Unless otherwise stated, the Contractor shall furnish all labor, supervision, material, equipment, tools, transportation, and supplies to perform all work required to complete the project in accordance with specifications and provisions of the contract. Payment for the contract work will be made only for and under those pay items included in the

Schedule of Items. All other work and materials will be considered incidental to and be included in the payment for items shown.

The unit of measurement for payment is monthly per each recreation site.

The Contractor will be paid at the monthly unit price quoted for each completed and accepted recreation site.

SECTION 2

DEFINITIONS

2.1.1 ACCEPTABLE QUALITY LEVEL (AQL). The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2 DEFECTIVE SERVICE. A unit of service which contains one or more defects, or nonconformance with specified requirements.

2.1.3 PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

2.1.4 QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR). A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

Service SOL NO: 12837120Q0116

2.1.6 GROUND TRASH. Including but not limited to trash deposited onto the ground by the public using the recreation sites, ie: paper, Styrofoam, cardboard, wood, straws, paper plates, and cups, plastic eating utensils, boxes, cans, jugs, and glass containers of any size. Also pieces of astro-turf and carpet.

2.1.7 TRASH RECEPTICLE/CAN. Primarily 30 gallon (we use 34 gallon trash bags) of different materials (plastic, metal, etc).

2.1.8 LIGHT MAINTENANCE: Painting over graffiti on picnic tables and ramadas and sweeping sidewalks.

2.1.9 COLD ASH: ash remaining from a barbeque that has been extinguished by using water and stirring until completely saturated with water. Cold ash can be within the grill or deposited on the ground.

2.1.10 MICRO TRASH: Any litter that is less than one inch in size (plastic ties and tabs, fruit labels, cigarette butts, etc.)

SECTION 3

GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

Government will provide any designated trash receptacle for each recreation site when applicable.

Plastic bags are available per request with Cave Creek Ranger District.

SECTION 4

CONTRACTOR FURNISHED ITEMS/SERVICES

Contractor shall furnish all equipment, except for Government-furnished trash receptacles and bags, necessary to perform this contract, including:

1. Motorized equipment in good operating condition for transportation to each designated recreation area. Equipment shall not allow trash or debris to blow out as the vehicle travels down the road. Truck beds shall be watertight and enclosed.

SECTION 5

LOCATION DESCRIPTIONS

5.1 BARTLETT LAKE RECREATION AREA

5.1.1 Rattle Snake Cove

Service SOL NO: 12837120Q0116

Approximately 3 acres. The north boundary is the edge of the top parking lot. The south boundary is Bartlett Lake. The west boundary is the edge of the road connecting the upper and lower parking area as well as the service road onto the beach and the east boundary is the dock.

147 Parking Spaces

55 picnic tables

49 grills

19 trash cans

Dock

Ground Trash (including along trail to the dock and on the dock) shall be picked up by

1200 hours and deposited into the existing dumpster located on the recreation site.

All trash cans shall be emptied, and liners replaced.

The beach area shall be raked at least once per week.

Cold ash from the grills shall be deposited into the existing dumpsters on the recreation site. All picnic tables and concrete floors under the ramadas shall be pressure washed, using a detergent and water solution.

Light maintenance shall be performed as needed. (Sweeping sidewalks and stairwells).

All services shall be performed on Friday, Saturday, Sunday, and Monday (during Peak

Season) or on Friday and Monday (during Off season).

5.1.2 Bartlett Flats

Approximately 5 or more acres depending on lake water level. The north and east boundary is Bartlett Lake. The south boundary is the entrance and the west boundary is the line between beach and vegetation.

No trash cans, grills or picnic tables

4 dumpsters

Ground Trash and any bags of trash left by visitors shall be picked up by 1200 hours and deposited into the existing dumpsters located on the recreation site. (Including pieces of carpet and astro-turf). Light maintenance shall be performed as needed.

Service SOL NO: 12837120Q0116

5.1.3 SB Cove

Approximately 5 acres. North boundary is the entrance to the site, and the South boundary is at the existing vault toilet in the recreation site. The western boundary is the fence line and the eastern boundary is Bartlett Lake.

No trash cans, grills, or picnic tables

2 dumpsters

Ground Trash and any bags of trash left by visitors shall be picked up by 1200 hours and deposited into the existing dumpsters located near the recreation site. (Including pieces of carpet and astro-turf). Light maintenance shall be performed as needed.

5.2 NEEDLE ROCK RECREATION AREA

5.2.1 Box Bar

Approximately 4 acres. The north boundary runs approx. 800 ft. from the site entrance.

The south and east boundaries are the Rio Verde and the west boundary is the site entrance.

No grills, picnic tables or trash cans

3 dumpsters

Ground trash and any bags of trash left by visitors shall be picked up by 1200 hours and deposited in the existing dumpsters located on the recreation site. Empty trash cans and replace liners. Light maintenance shall be performed as needed.

5.2.2 Needle Rock Day Use

Approximately 2 acres. The north boundary is the entrance and the south boundary is the end of the pavement. The east boundary alters between the Rio Verde and the fence line.

The west boundary is Forest Road 20 (Needle Rock Rd.)

8 trash cans

13 picnic tables

9 grills

27 parking spaces

Service SOL NO: 12837120Q0116

Ground trash shall be picked up by 1200 hours and deposited into the existing dumpsters located on the recreation site.

Cold ash from the grills shall be deposited into the existing dumpsters on the recreation site.

All trash cans shall be emptied and liners replaced.

All picnic tables and the concrete floors under the ramadas shall be pressure washed, using a detergent and water solutions. All other picnic tables shall be scrubbed, using a detergent and water solution.

Light maintenance shall be performed as needed (sweeping sidewalks).

5.2.3 Needle Rock Beach

Approximately 1 acre. The west boundary is Forest Road 20 (Needle Rock Rd.) and the entrance to Forest Road 415 (Camp Creek Wash). The east boundary is the Rio Verde.

The north boundary is the water edge south of the Needle Rock outcropping. The south boundary is the southern end of the grouping of trees along the western boundary.

No grills, picnic tables, or trash cans

2 dumpsters

Ground trash and bags of trash left by visitors shall be picked up by 1200 hours and deposited into the existing dumpsters located on the recreation site.

Light maintenance shall be performed as needed.

Service SOL NO: 12837120Q0116

CONTRACT PERIOD AND RENEWAL OPTION AND PAYMENT

Contract Period and Renewal Option

The contract Base Period is from June 5, 2020 to December 31, 2020.

The base year of the contract period shall extend for four fiscal years from June

1, 2020 to December 31, 2024. However, at the option of the Government and availability of funds, the contract may be renewed for an additional 4-year period, not to exceed one renewal period provided the Contracting Officer serves preliminary notice of renewal at least 60 calendar days prior to contract expiration. The renewal is at the same terms and conditions except that any renewal is subject to the provisions of Section I, FAIR LABOR STANDARDS

ACT and SERVICE CONTRACT ACT- (FAR 52.222-440)

Payment

Payments will be made in accordance with provisions of Prompt Payment and be made using the IPP (Invoicing Processing Platform).

Service SOL NO: 12837120Q0116

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services—Fixed Price (AUG 1996)

E-1 CONTRACTOR QUALITY CONTROL SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon

Government inspections to provide notification of unsatisfactory performance. The

Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure.

The Contracting Officer may observe the Contractor’s inspection at any time and shall otherwise have unlimited access to the inspection data.

E-2 QUALITY ASSURANCE

The Government may inspect 10% or more of the completed survey units. The

Government will randomly select the time and place of the inspection without the

Contractor’s knowledge. The Government will walk through the surveyed areas evaluating unit conditions and ensuring no sites were overlooked.

The Government may request a selection of completed draft cultural site records at any time for inspection to evaluate site recording procedures.

The Contractor shall resurvey any area or portion that does not meet the terms of the contract. If the inspection reveals the need for rework, the Government will notify the Contractor immediately in writing. All rework shall be completed prior to proceeding with new areas.

http://www.arnet.gov/far/

Service SOL NO: 12837120Q0116

SECTION F--DELIVERIES OR PERFORMANCE

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):

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop Work Order (AUG 1989)

52.242017 Government Delay of Work (APR 1984)

F-1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within _10_ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than _N/A_ calendar days. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed within 5 calendar days from date of award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

52.212-4 Terms and Conditions-Commercial Items (Oct 2018)

F-2 SCHEDULES FOR SERVICE CONTRACTS

Contractor shall, within ten (10) days from receipt of a request from the Contracting Officer, submit a time chart or schedule of proposed progress to ensure completion of the work within the time set forth in this contract. If the Contractor’s progress falls behind the schedule, Contractor shall take such action as necessary to improve progress; in addition the Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time specified.

Service SOL NO: 12837120Q0116

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within __10__ days after the date of contract award. The conference will be held at a time and date to be determined.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the

Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

None

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE.

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

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

On all matters that pertain to the contract terms, the Contractor must communicate with the

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

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-

12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information

Processing Standards Publication (FIPS PUB) Number 201.

Service SOL NO: 12837120Q0116

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

Service SOL NO: 12837120Q0116

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The

Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

(b) Weather conditions _10 year average, National Weather Service_.

Utility Services

Available.

H.2 Contractor Representative

The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer.

H.3 SAFETY PLAN

1. The Contractor shall provide a copy of their safety plan at the pre-work meeting. This copy of the Safety plan shall be kept in the contract folder for OSHA’s review.

2. The Safety Plan should be available to all employees and subcontractors working on the contract.

3. The Safety Plan should cover at a minimum:

a. Safety briefings covering the work area, equipment being used, and any special consideration for the work under the contract.

b. Personal Protective Equipment for the work under the contract.

c. Identify appropriate OSHA requirements for the type of work under the contract.

d. Weather considerations for the time of year of the contract.

e. Communication issues and locations of the nearest medical facilities.

f. Name of point of contact information of supervisor responsible for enforcing

Safety Plan.

g. Name, position title and point of contact information of company executive responsible for approving the Safety Plan.

h. Specific contingency plans for emergencies such as medical, fire, hazard material spills and any other contract assessed hazard prevention and abatement requirement needs that apply to this project.

Service SOL NO: 12837120Q0116

H-4 SAFETY

Known hazards may consist of, but not all inclusive of the following:

Prevention of Slips and Falls:

1. To help prevent accidents, the Contractor shall post wet floor areas with signs or barricade areas to restrict access.

2. The contractor shall post signs whenever mopping, stripping, or finishing floors.

3. Pay particular attention on rainy days to building entrances, stairways hallways, and restrooms.

4. The Contractor shall ensure adequate safety precautions are being exercised while cleaning windows.

Safe Use of Cleaning Materials and Other Chemicals:

Maintenance and custodial work requires the use of several cleaning materials. Some of these can be dangerous if used improperly. The Contractor shall implement the following procedures at a minimum as well as follow information provided on MSDS (Material Safety Data Sheets):

1. Keep materials labeled.

2. Follow the directions for use. Be sure the chemical is properly diluted if needed.

3. Wear protective garments such as rubber gloves or goggles if necessary or required.

4. Provide adequate ventilation to prevent the buildup of fumes or gases.

5. If an individual is exposed to a chemical, get prompt attention, and if necessary, seek medical help. Check the MSDA for the material data sheet and/or the label on the container.

6. Do not use unknown chemicals. Find out what it is or dispose of safely.

Electrical Hazards:

Electrically-powered equipment can be dangerous if used improperly. Use of electrical equipment on a wet floor or under wet conditions can be very dangerous. The Contractor shall follow these procedures at a minimum:

1. Do not use equipment with a spliced cord or with cut or exposed wires, broken wires, a sort, or a damaged ground.

2. Report damaged equipment, any equipment that gives a shock, or a grounds that have been tampered with to the COR (Contracting Officers Representative).

3. Ground all equipment before use.

Fire Safety and Prevention:

Always be alert to recognize potential fire hazards. If smoke or fire is discovered:

1. Immediately evacuate the area of the fire.

2. Evacuate the building.

3. Sound the alarm if possible.

4. Call the local Fire Department then your supervisor and the COR.

Service SOL NO: 12837120Q0116

SECTION I--CONTRACT CLAUSES

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.usda.gov/procurement/policy/agar.html

52.202-1 Definitions. (NOV 2013)

52.203-2 – Certificate of Independent Price Determination (APR 1985)

52.203-3 Gratuities. (APR 1984)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

(MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employee of Whistleblower Rights (April 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY

2011)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.211-11 Liquidated Damages - Supplies, Services, or Research and Development. (SEP

2000)

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

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

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

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

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(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 Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting

Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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(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 Part1315.

(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 Part1315.

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(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;

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(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.

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(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.

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(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.

(9) The specification.

(t) [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.

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(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)

Alternate I (Jan 2017). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be…