Solicitation.pdf

AG-03R6-S-17-0025

Janitorial Services Ninemile Ranger District

Offeror’s Name

Address

Phone No.

Contact Name

Email Address

DUNS No.

Signature and Date

Note 1: Quote on all items. Only quotes to the nearest cent will be accepted.

Note 2: Written Acceptance

Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

Note 3: Basis of Award

One award will be made. Offer of award will be made to the Quoter whose quote, as determined by the Contracting Officer is most advantageous to the Government, considering but not limited to factors such as price, Contractor capacity to do the work, experience with this type of work and past performance. The Experience Questionnaire will be used as part of this evaluation.

Note 4: In order to be considered responsive to this solicitation, the quoter must submit the following:

1. Schedule of Items with pricing

2. A written Contractor Quality Control plan in accordance with Statement of

Work.

3. Experience Questionnaire. Though any format is acceptable, a sample is attached for your convenience.

Note 5: Quotes may be e-mailed to tlmitchell@fs.fed.us, mailed or hand delivered by 2:30 p.m. MT, April 6, 2017 to:

Lolo National Forest Service

Attn: Tami Mitchell.

24 Fort Missoula Road

Missoula, MT 59804

Note 6: A list of cleaning products will need to be submitted with your quote.

Note 7: This requirement is a total small business set aside. The NAICS Code for this acquisition is 561720, with a small business size standard of $18 Million.

mailto:tlmitchell@fs.fed.us

SCHEDULE OF ITEMS

JANITORIAL SERVICE

NINEMILE RANGER DISTRICT

LOLO NATIONAL FOREST

MISSOULA COUNTY, MONTANA

Base Period, May 1, 2017 – April 31, 2018

Item

No

Description Units Estimated

Quantity

Unit

Price

Amount

1a Main Office

May 1, 2017 – April 31, 2018

MO 12

1b Timber Office

May 1, 2017 – April 31, 2018

MO 12

1c Visitor Center

May 1, 2017 – April 31, 2018

MO 12

1d Fire Office

May 1, 2017 – April 31, 2018

MO 12

TOTAL Base Period

Option Period One, May 1, 2018 – April 31, 2019

No

Description Units Estimated

Quantity

Unit

Price

Amount

2a Main Office

May 1, 2018 – April 31, 2019

MO 12

2b Timber Office

May 1, 2018 – April 31, 2019

MO 12

2c Visitor Center

May 1, 2018 – April 31, 2019

MO 12

2d Fire Office

May 1, 2018 – April 31, 2019

Option Period Two, May 1, 2019 – April 31, 2020

No

Description Units Estimated

Quantity

Unit Price Amount

3a Main Office

May 1, 2019 – April 31, 2020

MO 12

3b Timber Office

May 1, 2019 – April 31, 2020

MO 12

3c Visitor Center

May 1, 2019 – April 31, 2020

MO 12

3d Fire Office

May 1, 2019 – April 31, 2020

Option Period Three, May 1, 2020 – April 31, 2021

Item

No

Description Units Estimated

Quantity

Unit Price Amount

4a Main Office

May 1, 2020 – April 31, 2021

MO 12

4b Timber Office

May 1, 2020 – April 31, 2021

MO 12

4c Visitor Center

May 1, 2020 – April 31, 2021

MO 12

4d Fire Office

May 1, 2020 – April 31, 2021

STATEMENT OF WORK

JANITORIAL SERVICES FOR REGIONAL FIELD SERVICE FACILITY

General Specifications

SCOPE OF CONTRACT

The Contractor shall provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed at the designated location for the Ninemile Ranger

District in a manner that will maintain a satisfactory facility condition and present a clean, neat, and professional appearance. The Contractor's workforce shall perform all services associated with general custodial cleaning duties listed in the technical requirements.

The Contractor shall be responsible for the orderliness and cleanliness of all areas. All areas shall be kept clean, neat, and free of fire and safety hazards or unsanitary conditions.

This work is being solicited as a performance based service contract. Performance based means the

Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

LOCATION AND DESCRIPTION

The Ninemile Ranger Station is located approximately 30 miles west of Missoula, MT. Follow

Interstate 90 west from Missoula to Exit 81. Follow the signs to the "Historic Ninemile Ranger

Station" approximately three miles from the exit. The physical address is: 20325 Remount Road, Huson, MT 59846.

This contract is to provide custodial/janitorial services within Government-owned facilities for a base plus three year option period (base year from April 1, 2017 to March 31, 2018). Option years if exercised are from April 1, 2018 to March 31, 2021. The specifications listed below are intended to describe the requirements for janitorial services during this period.

MAIN OFFICE – Floor area is approximately 2,800 square feet. This includes main floor offices, hallways, stairs, one bathroom and supply and computer rooms downstairs.

TIMBER OFFICE - The timber office is 2,980 square feet. First floor offices, hallways, stairs; 2 upstairs offices and hallway; basement stairs, two bathrooms and conference/break room.

VISITOR CENTER – The visitor center is approximately 2,046 square feet. Conference room, main visitor center and two bathrooms.

FIRE OFFICE – The fire office is approximately 2,968 square feet. Main floor offices, 1 bathroom, kitchen area, conference room; upstairs offices, hallway, stairs; basement supply/storage rooms and 1 bathroom.

SITE VISIT

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable.

In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Interested parties desiring to inspect the work area are asked to make an appointment with

Marc Haskins, 406.329.3814, at the Ninemile Ranger Station.

GOVERNMENT-FURNISHED PROPERTY

-Keys, or locks necessary for access to areas requiring work under this contract

-Dumpsters for trash and refuse disposal

-Storage space for Contractor-furnished cleaning supplies and equipment

-Utilities to operate equipment and water necessary to complete the work

-Fluorescent tubes and light bulbs

-All personal hygiene restroom supplies (hand soap, paper towels, 2-ply toilet tissue and plastic garbage bags.)

The contractor shall notify the Government when governments furnished supplies are low.

Government requires a two week advance notice in order to allow time for ordering and reipt of necessary supplies. Supplies listed above are the responsibility of the Government to order, not the contractor.

CONTRACTOR-FURNISHED PROPERTY

The Contractor shall furnish:

(1) All necessary supplies and materials (including cleaning supplies, wax, shampoo, spot remover) except those items specified as Government-furnished property.

(2) All necessary cleaning equipment including but not limited to: scrubbing machine, floor polishing machine, and vacuum cleaner.

Equipment shall be commercial size and type customarily used by the janitorial profession and capable of handling sand and gravel brought in by boots. Equipment designed for home use will not meet these specifications. The Contractor's equipment shall be in good repair and able to operate efficiently and safely.

The CO may inspect the Contractor's equipment, tools, or supplies at any time and direct the removal of any objectionable, improper, inadequate, or unsafe items. These items shall be removed from the job by the Contractor and replaced with satisfactory equipment.

The Contractor shall provide and maintain a file with copies of MSDS's for all chemical products used under this contract. This file shall be kept in the building and accessible to the

CO at all times.

MEASUREMENT AND PAYMENT

Submit your original invoice at the end of the month into the IPP System for work performed.

Payments shall be made for janitorial services which have been satisfactorily provided during the month. The invoice will be reviewed and approved or rejected by the COR within 7 days of receipt of the invoice. Rejected invoices must be corrected and resubmitted. COR will forward the approved invoice to the Contracting Officer who will submit it for payment. Payment will be made within 30 days from date or acceptance of the invoice and will be made by Electronic Funds Transfer.

CONTRACT PERSONNEL

Contractor Employee Qualifications. The Contractor shall employ competent and skilled personnel.

The offeror is required to submit a list of personnel who will do the work and the extent of their experience for approval by the CO prior to the Notice To Proceed. Prior to a change of personnel, a list shall be submitted with names and their experience to the Contracting Officer for approval.

The Contractor shall supply the Contracting Officer with the personal information of the employee in order to input the employee into the Person Model for vetting.

The Contractor shall provide adequate supervision of crew to prevent employees from disturbing papers on desks, opening drawers or cabinets, using telephones, or computers provided for official

Government use. The Contractor or employees shall not bring children to the premises while the work is being performed.

Contractor must have personnel available to back up the regular janitor in case of personal emergencies or inclement weather.

QUALITY CONTROL

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The Contractor shall prepare, submit, and implement a written quality control plan (QCP) as described below. The Contractor shall ensure that the required services specified in this contract, meet the quality standards outlined in this contract and ensure that the custodial services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum the contractor shall develop quality control procedures addressing their areas identified in the performance requirements summary. The Quality Control Plan shall include, but not be limited to:

Staffing Plan: A plan which includes work schedules for the facility including daily, weekly, monthly, and periodic tasks. The Staffing Plan shall also include the Contractor’s staffing levels. Individual responsibilities for oversight of the QCP and functions associated with such oversight as well as authority in dealing with Government contracts shall be identified.

Inspection System: An inspection system, which shall include all requirements listed in the statement of work and inspections procedures. Specify areas to be inspected, when inspections shall occur, and titles of individuals performing inspections. The QCP shall identify how the Contractor will correct noted deficiencies immediately and shall include control procedures for any Government-provided keys or lock combinations, location of the documented inspections and corrective or preventive actions taken, and a customer comments feedback system. The Contractor’s management will be available to physically inspect the quality of work if requested by the Contracting Officer.

Any changes to the inspection systems during the life of the Contract shall be acceptable to the COR.

Records of inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

GOVERNMENT QUALITY ASSURANCE

Assessment Methods:

The Government will evaluate the Contractor's performance under this contract. A variety of surveillance methods may be used; i.e., random sampling, a 100% inspection, or customer feedback. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

Deduction Methods: The Government will record performance noting any substandard performance. For substandard performance, the Government’s preferred course of action will be discussions with the Contractor to make the Contractor aware of the problem, and to effectively prevent any recurrence of substandard performance. The Government may also take the following actions:

a. Presentation of a Contract Discrepancy Report requiring a written explanation for substandard performance.

b. Require correction or re-performance of the service.

BUILDING SECURITY

The Contractor shall be responsible for safeguarding all Government property. At the end of each work period, all Government facilities, equipment, and materials shall be secured. All buildings will be locked and unlocked by the Government. However, the Contractor shall double check all doors nightly. Fans in bathrooms, portable air conditioners, and other like conveniences shall be turned off. Night lighting as designated by COR shall be left on.

The Government will allow the Contractor access to the areas to be cleaned. If the access is limited for any reason the Contractor will not be responsible for cleaning that area. The

Contractor shall let the COR know immediately or the next day when access is denied.

The Contractor shall prohibit the use of keys issued by the Government by any persons other than the contract employees. The Contractor shall not duplicate any keys issued by the Government and shall immediately report to the CO any occurrences of lost or duplicated keys. In the event keys are lost or duplicated, the Contractor may be required to re-key or replace the affected lock(s) without cost to the Government. The Government may, at its option, replace the affected lock(s) or perform re-keying. Cost of such work shall be deducted from the Contractor's payment.

TECHNICAL REQUIREMENTS

WORK HOURS AND FREQUENCY OF SERVICE:

If regularly scheduled cleaning day falls on a holiday, the next day may be substituted. In case of emergency, the following day may be substituted. A weekend day may be substituted for the end weekday.

Item 1. Main Office, Timber Office, Visitor

Center and Fire Office Buildings:

October 1 – March 31st

Once a week between the hours of 1800 to 0600, excluding

Federal holidays.

Item 2. Main Office, Timber Office, Visitor

Center and Fire Office Buildings:

April 1 – September 30th

Twice a week between the hours of 1800 to 0600, excluding

Federal holidays.

BASIC CLEANING SERVICES. The contractor shall accomplish all cleaning tasks to meet the requirements of this Statement of Work (SOW) and the Service Delivery Summary (SDS).

1. Maintain Floors. All floors, except carpeted areas, shall be swept, dust mopped, damp mopped, wet mopped, dry buffed, and spray buffed, as needed, to ensure they have a uniform, glossy appearance and are free of dirt, debris, dust, scuff marks, heel marks, other stains and discoloration, and other foreign matter.

Baseboards, corners, and wall/floor edges shall also be clean. All floor maintenance solutions shall be removed from baseboards, furniture, trash receptacles, etc. Chairs, trash receptacles, and other moveable items shall be moved to maintain floors underneath these items. All moved items shall be returned to their original and proper position.

2. Remove Trash. All trash containers shall be emptied and returned to their initial location. Boxes, cans and papers placed near a trash receptacle and marked “TRASH” shall be removed. Any obviously soiled or torn plastic trash receptacle liners shall be replaced. The trash shall be deposited in the nearest outside trash collection container. Trash receptacles shall be left clean, free of foreign matter, and free of odors.

3. Clean Drinking Fountain. Clean and disinfect all polished metal surfaces, including the orifice and drain, as well as exterior surfaces of fountain. Drinking fountains shall be free of streaks, stains, spots, smudges, scale, and other obvious soil.

4. Vacuum Carpets and Floor Mats. Vacuum carpeted areas, and interior and exterior floor mats. Any spots shall be removed by carpet manufacturer’s approved methods as soon as noticed. Soil and moisture underneath mats shall be removed and mats returned to their normal location. After vacuuming, the area shall be free of all visible dirt, debris, litter and other foreign matter.

5. General Spot Cleaning. Perform spot cleaning on a continual basis. Spot cleaning includes, but is not limited to removing, or cleaning smudges, fingerprints, marks, streaks, spills, etc., from washable surfaces of all walls, partitions, vents, grillwork, doors, door guards, door handles, pushbars, kickplates, light switches, temperature controls, and fixtures. Remove cobwebs from ceilings and walls as needed.

6. General Dusting. Perform in accordance with standard commercial practices, to include window sills, chair legs, tops of file cabinets, front desk areas, bookshelves, pictures, and glass display cases. Items on desks or other flat surfaces shall not be moved.

7. Clean and Disinfect Restrooms. Completely clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, dispensers, plumbing fixtures, partitions, dispensers, doors, walls, and other such surfaces, using a germicidal detergent. Work shall be done in accordance with standard commercial practices. Clean all mirrors so that there are no visible streaks.

8. Descale Toilet Bowls and Urinals. Descaling shall be performed monthly as a minimum and as often as needed to keep areas free of scale, soap films, and other deposits. After descaling, surfaces shall be free from streaks, stains, scale, scum, urine deposits, and rust stains.

9. Stock Restroom Supplies. Contractor shall ensure restrooms are stocked sufficiently so that supplies including soap for the soap dispensers do not run out. Supplies shall be stored in designated areas. No overstocking shall be allowed. If supplies run out prior to the next service date, contractor shall refill within one (1) day of notification.

10. Tile Grout. Grout on wall and floor tiles shall be free of dirt, scum, mildew, residue, etc.

FREQUENCY OF BASIC SERVICES, Minimum Required Standards

TYPE BASIC SERVICES

Main Office, Timber Office, Visitor Center and

Fire Office Building, Depending on time of year

Maintain floors. One to Two Times Weekly

Remove Trash One to Two Times Weekly Clean Drinking Fountains One to Two Times Weekly Vacuum Carpets and Floor Mats One to Two Times Weekly General Spot Cleaning One to Two Times Weekly General Dusting One to Two Times Weekly Clean and Disinfect Restrooms One to Two Times Weekly Descale Toilet Bowls and Urinals One to Two Times Weekly Stock Restroom Supplies One to Two Times Weekly

PERIODIC CLEANING SERVICES

Clean/Shampoo Carpets: All office area carpets shall be cleaned in accordance with standard commercial practices. A heavy duty spot remover may be required in heavily soiled areas. After shampooing, the carpeted area will be uniform in appearance and free of stains and discoloration. All cleaning solutions shall be removed from baseboards, furniture, trash receptacles, chairs and other similar items. Desks, file cabinets, and bookcases shall be removed from the carpeted areas by the Government one day prior to scheduled carpet cleaning if needed. Chairs, trash receptacles, and other small items shall be moved by the Contractor to clean carpets underneath, and returned to their original locations.

Noncarpeted Floors. Strip Scrub, Seal and Wax floors as necessary to maintain a uniform glossy appearance.

A non-skid wax is required. A uniform glossy appearance is free of scuffmarks, heel marks, wax build-up, and other stains and discoloration.

General Dusting. Perform in accordance with standard commercial practices, to include window sills, chair legs, tops of file cabinets, front desk areas, or any flat surfaces with visible dust in office areas. All wooden furniture should not be cleaned with a damp cloth, but should be cleaned with a dry cloth and furniture polish

Items on desks or other flat surfaces shall not be moved.

Clean Interior Windows. Clean all glass surfaces in accordance with standard commercial practices. No visible streaks will be apparent. All water spots to be wiped from sills and frames. Drop clothes used as necessary to protect adjacent surfaces, fixtures and furniture.

Clean Exterior Windows. Wash windows inside and out, leaving no streaks or unwashed places. Screens shall be dusted or damp wiped. Window sashes, sills, woodwork around interior glass and other surroundings shall be thoroughly wiped free of drippings and other watermarks.

FREQUENCY OF PERIODIC CLEANING

TYPE Periodic Services

Main Office, Timber Office, Visitor Center and Fire Office Building,=

Clean with damp cloth and dry polish all filing cabinets, bookcases, and chairs.

Monthly

Dust Window Ledges Monthly

Clean doormats and doorjambs Monthly

Clean and polish all interior doors, including around the door jams.

Monthly

Sweep and wet mop floor with a disinfectant detergent Monthly

Office carpet shall be shampooed or steam cleaned Twice a Year

All interior window glass, light fixtures, clear and opaque glass in partitions, doors and transoms shall be washed on both sides.

Twice a Year

All wall surfaces from ceiling to the floor shall be washed. Once a Year

All resilent flooring shall be stripped and waxed; a no flip floor wax shall be used.

Once a Year

Clean Exterior window glass, remove storm windows. Twice a Year

PERFORMANCE REQUIREMENTS SUMMARY

The contractor service requirements are summarized as performance objectives. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement.

Task Maximum Error Rate for

Each Payment Period

Deduction/Remedial Action

1. Cleaning 1 2% deduction from established monthly rate for the Item being serviced when standards are not met.

2. Security of building and supplies

1 2% deduction from established monthly rate for the Item being serviced when standards are not met.

3. Replenish Supplies 5 2% deduction from established monthly rate for the Item being serviced when standards are not met.

For example, failure to clean the facility more than one time will result in a 2% deduction in payment for the particular Item being cleaned (i.e. Main Office). If the monthly payment for the main office is $300.00 and maximum error rate has been exceeded, the following will be applied: $300 x .02 = $6.00. There will be a

$6.00 deduction for each failure.

QUALITY ASSURANCE SURVEILLANCE PLAN

FOR

JANITORIAL WORK

1. Purpose: This Quality Assurance Surveillance Plan (QASP) describes methods that will be used to monitor the Contractor’s performance. The QASP is not part of the Contract. It is provided to the Contractor solely for informational purposes and is subject to change by the Government during the life of the contract. The Government reserves the right to perform assessments more or less often than outlined in this QASP.

2. Introduction: The QASP establishes methods to assess or evaluate performance of the

Contractor under the contract. It is designed to provide an effective method of monitoring

Contractor Performance for each objective on the Performance Requirements Summary (PRS) in the contract. The Government is concerned with the quality of the services provided, and not with the method that the Contractor uses to provide the services.

3. Responsibility for Quality Control: The Contractor is responsible for quality control and management actions to meet the performance requirements and terms of the Contract. The

Government performs quality assurance to assess the quality of services rendered, if the services meet the contract requirements, and if the contract standards are achieved.

4. Surveillance Methods: The Government will evaluate the Contractor’s performance under this contract. Examples of Government surveillance may include:

a. Government Inspections.

b. Customer complaints with verification by the CO.

c. Review of Contractor’s Quality Control documentation.

5. Deduction Methods: The Government will record performance noting any substandard performance. For substandard performance, the Government’s preferred course of action will be discussions with the Contractor to make the Contractor aware of the problem, and to effectively prevent any recurrence of substandard performance. The Government may also take the following actions:

a. Presentation of a Contract Discrepancy Report requiring a written explanation for substandard performance.

b. Payment deductions in accordance with the PRS;

c. Payment deductions in accordance with the applicable FAR clause(s).

d. Require correction or re-performance of the service.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (JAN 2017)

(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.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

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(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

and

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

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(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see

52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

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

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

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

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

(B) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

Contractor;

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

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

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

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

Government upon:

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326 be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the

Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work

Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

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(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) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting

Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the

SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

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(u) Unauthorized Obligations.

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

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

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

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

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

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

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.

(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.

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 30 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

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

Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years 6 months.

FAR 52.223-1 -- Biobased Product Certification (May 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of

2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

Contract Time

AGAR 452.211-75 Effective Period of the Contract (FEB 1988)

The effective period of this contract is from April 1, 2017 through March 31, 2021 if the option years are exercised.

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): Federal

Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations

– http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction

Contracts (Sep 2013)

52.204-7 System for Award Management (Jul 2013)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (JAN 2017)

(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 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1)…