A-SolicitationFacilitiesServiceandMaintenance.pdf

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

1. REQUISITION NUMBER PAGE 1 OF 72

Offeror to complete blocks 12, 17, 23, 24, & 30

2. CONTRACT NO. 3. AWARD/

EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION

ISSUE DATE

AG-04P5-S-17-0002 11/21/2016

7. FOR SOLICITATION

a. NAME Waiyen Yee (Yogi), COR/Technical

b. TELEPHONE (No Collect Calls)

541-883-6813

8. OFFER DUE

DATE/LOCAL TIME

4:00 PM

INFORMATION CALL Deanna Vest, Contracting Officer 541-883-6737 12/20/2016

9. ISSUED BY (MAIL OFFERS TO) CODE 10. THIS ACQUISITION IS

UNRESTRICTED

SET-ASIDE.100% FOR

SMALL

BUSINESS,

HUBZONE SMALL

BUSINESS

8(A)

SOLE SOURCE

NAICS: 238990

SIZE STANDARD: $14 M

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED.

12. DISCOUNT TERMS

Western Oregon Contracting Area

Fremont-Winema National Forest

2819 Dahlia Street

Klamath Falls, OR. 97601

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED

ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO: CODE 16. ADMINISTERED BY CODE

Western Oregon Contracting Area

Fremont-Winema National Forest

2819 Dahlia Street

Klamath Falls, OR. 97601

Same as Block 9

17a.

CONTRACTOR/OFFEROR

CAGE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

DUNS#____________________

Western Oregon Contracting Area

Fremont-Winema National Forest

2819 Dahlia Street

Klamath Falls, OR. 97601

TELEPHONE: ____________ TIN: _____________________ 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

IS CHECKED: SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

DO NOT ENTER PRICES

Facility Maintenance and Construction

ENTER PRICES IN ATTACHED SCHEDULE OF ITEMS

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

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 and ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 AND ADDENDA ARE ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ORIGINAL and 2 copies TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED

(BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING

OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR

PRINT)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER 31c. DATE

SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 4/2002) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR (48 CFR) 53.212

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

SCHEDULE OF ITEMS – Estimated hours only, no minimum or maximum guarantee. Use the Davis-

Bacon Wage Determination (attached) to assist you with your hourly price quotes.

ITEM

NO.

DESCRIPTION

UNIT OF

ISSUE

EST.

QTY.

UNIT

PRICE

TOTAL

AMOUNT

01 General Maintenance, Handyman, and

Miscellaneous

HR 100

02 Carpentry HR 100

03 Roofing (All Types) HR 100

04 Carpet and Flooring (All Types) HR 100

05 Drywall and Wall coverings HR 100

06 Window and Glass HR 100

07 Painting – Interior and Exterior HR 100

08 Welding HR 50

09 Concrete and concrete finishing HR 50

10 Excavation, Trenching and Backfilling HR 50

11 Lead, Asbestos Assessment, Testing and Abatement

HR 50

12 Mechanical, HVAC, Refrigeration and

Propane Systems

HR 100

13 Plumbing HR 100

14 Electrical HR 100

15 Water and Septic Systems HR 100

16 Well and Pump Maintenance; includes pump replacement, controls and wellhead work.

HR 50

17 Minor Demolition of Buildings HR 100

18 Landscape and Grounds Maintenance HR 100

19 Janitorial / Cleaning Services HR 100

20 Travel Expense – Mileage Rate** Mile 1

21 Time Sensitive/Emergency Response within 4 hours of notification. (%

Mark-up)

22 Materials Mark-up (% increase for supply and handling)

Awards under this solicitation will be made through issuance of a Task Order(s). The quantities represented are estimates only for bidding purposes and work for a one year contract with annual estimated $250,000 ceiling for all line items.

Task orders issued under this Blanket Purchase Agreement shall require Service Contract Act wage rates or Davis-Bacon wage rates depending on specific activities within the task order/BPA call. The appropriate wage determination will be included in every BPA / Task Order issued. (FAR 8.405-3)

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

** Mileage rate shall not be more than the rates established in the Federal Travel Regulations for localities where work is performed and all costs shall be included in the task order pricing proposal.

1. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK IDENTIFIED IN BLOCK 20

General Statement of Work

Maintenance, repair, replacement, alterations, and construction work for Forest facilities is planned in a number of trades. Work items will appeal to a variety of Contractors; General, Electrical Contractors, Plumbing

Contractors, and HVAC/Mechanical Contractors. Unit pricing established in this solicitation is representative of the typical work items commonly found in commercial and residential construction or maintenance tasks.

The Contractor(s) awarded this contract will be asked to provide quotes on specific task orders for which the

Contractor(s) will be expected to provide unit prices for common construction and maintenance elements including labor, equipment, supplies, and material costs to construct, maintain, repair, or inspect Forest Service facilities. In many circumstances, task orders may be issued on a supply and install basis. General Contractors shall assemble a proposal for the basic contract and any future task orders, and may include any subcontractor’s pricing and qualifications for specialty items when specialty work is required.

All contractors performing the work shall be licensed and bonded in Oregon.

All work shall be completed to current applicable Federal, State, and local Building Codes regardless of any requirement for licensing, bonding, and/or certification. This includes but is not limited to the most current

International / National / Uniform Fire, Building, Mechanical, Plumbing, and Electrical Codes applicable.

Sole-source ordering for work will also be done without issuance of a Task Order by the CO/COR when the cost for the work does not exceed $2,000 for Construction, $2,500 for Service type of work and $3500 for Supply. Payment will be made via bank Credit Card therefore the potential Contractors will be required to have the ability to accept Credit Card payments.

Background and Purpose

The Fremont-Winema National Forests have a variety of support facilities throughout the Forests. These facilities include but are not limited to: administrative, residential, and recreation buildings; lookout towers;

campgrounds; water and wastewater systems; utilities; and other infrastructure. These facilities support the

Forest Mission for public users and agency staff. Maintenance and replacement of these systems is required on a regular basis.

The Forest Service intends to select multiple Contractors as a source for the work each of the facilities maintenance and construction disciplines listed in the Pay Items to accomplish specified work tasks in the

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002 multiple geographic areas of the Fremont-Winema National Forests. The period of this contract will be for 1 year after date of award (2016 - 2017) with 3 additional option years (2017 – 2018, 2018 – 2019 and 2019 –

2020).

The proposing Contractor(s) will be evaluated based on Evaluation Criteria attached herein. The Contractor(s) will be selected on a “Best Value” to the Government basis. This is NOT a Time and Materials Task Order contract but rather a Blanket Purchase Agreement. The hourly pricing requested will be utilized for price evaluation purposes in selecting a “Best Value” contractor. However, the Government shall terminate any successful contractor’s Blanket Purchase Agreement should their Task Order/BPA Call lump sum pricing not be a reflective derivation of the pricing they propose herein.

2. PROJECT LOCATION (IDENTIFIED IN BLOCK 20)

The majority of Fremont – Winema National Forests work sites are located in Klamath and Lake Counties, Oregon. The Forest’s geography is mainly mountainous and foothills to high desert; from the crest of the

Cascade Mountain Range to the high deserts of the westerly Great Basin and the Warner Mountains. The cities serving the areas are Klamath Falls (pop: 50,000) in Klamath County and Lakeview (pop: 5,000) in Lake

County, both are full service communities.

Worksites include, but are not limited to: office and residential buildings, lookout towers, snow shelters, warehouses, campgrounds, recreation sites, and other infrastructure and grounds. The majority of Forest work sites are located outside of city limits throughout Klamath and Lake Counties and some sites are in remote areas of the Forest. The majority of the work will take place on different Ranger District locations on the Forest. The

Ranger Districts are located in the communities of Chemult, Chiloquin, Klamath Falls, Bly, Lakeview, Paisley and Silver Lake. Also included may be work at major recreation sites across the Forest, such as; Lake of the

Woods, Williamson River CG, Miller Lake, Thompson Reservoir, Cottonwood Meadows, Dog Lake and Lofton

Reservoir. There may be other sites as well.

3. DEFINITION OF QUOTE ITEMS (IDENTIFIED IN BLOCK 20)

General Maintenance, Handyman, & Miscellaneous

General maintenance, handyman, and miscellaneous work will involve basic repairs, replacements, installation, demolition, and site work for buildings and grounds.

Possible performance activities include, but are not limited to: touch-up painting, fence repair, changing light bulbs, repairing dripping faucets, repairing sink traps, fixing running toilets, patching woodpecker holes, and cutting brush around a building.

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

Carpentry

Carpentry work involves installation, maintenance repairs, and replacements of building structures. These include rough framing and finish carpentry work.

Possible performance activities include, but are not limited to: building wood or metal framing, installing a deck, replacing stairs on a lookout tower, replacing siding, and installing cabinets.

Roofing

Roofing work involves installations, repairs, and replacements of asphalt shingle, wood shingle, wood shake, metal, and membrane roofs.

Possible performance activities include, but are not limited to: replacing asphalt shingle or wood roofing with new metal roof, finding and repairing a leaking roof, replacing metal flashing, repairing a damaged roof vent.

Flooring (Carpet, Vinyl & Wood)

Flooring work involves installation, repairs, and replacements of all types of flooring.

Possible performance activities include, but are not limited to: removing and disposing of existing flooring, installing new carpet or vinyl flooring, repairing tears in vinyl roll, and replacing vinyl floor tiles.

Drywall

Drywall work involves installation, repairs, and replacements of drywall. This includes taping and texturing.

Possible performance activities include, but are not limited to: installing new drywall, repairing a hole in drywall, and replacing water damaged drywall.

Window & Glass

Window & Glass work involves installation, repairs, and replacements of windows and glass.

Possible performance activities include, but are not limited to: replacing a window, installing reflective film over windows, and repairing window seals.

Painting

Painting work involves application of paints, lacquers, varnishes, sealants, and stains to interior and exterior surfaces. This includes work required to prepare the surface for painting.

Possible performance activities include, but are not limited to: cleaning and removing the existing paint on a building wall, painting the inside and outside of a building, and staining decking.

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

Welding

Welding work involves installation and repair of metal materials that require a welded joint. This work is for non-pressurized vessels and components only. The Contractor shall be certified for welding work in the state of

Oregon.

Possible performance activities include, but are not limited to: welding a bracket onto a metal surface, repairing a crack in a steel plate, and fabricating a metal component from a design drawing.

Concrete

Concrete work involves preparing the site for concrete, installing formwork, placement of concrete, and finishing the concrete.

Possible performance activities include, but are not limited to: replacing concrete steps, installing a slab on grade, and installing concrete sidewalks.

Excavation, Trenching, & Backfilling

Excavation and backfill work involves using a backhoe and dump truck, or similar equipment, to perform excavation and backfill work. This also includes using excavation equipment for demolition and disposal, repair of utilities and small structures, above or below ground. Most excavation work will be less than 5-feet deep.

Possible performance activities include, but are not limited to: excavating a buried waterline for repair, demolishing and disposing of a vault toilet, excavating a trench for installation of new utility line or septic system placement, then backfilling, and re-contouring the grade of a work site. Snow removal may also be included.

Lead, Asbestos Assessment, Testing, & Abatement

Lead and Asbestos work involves identifying, quantifying, and abating lead and asbestos materials in a controlled environment. The Contractor shall be licensed for lead and asbestos work in the state of Oregon.

Possible performance activities include, but are not limited to: sampling and testing, analyses, and abatement of lead and asbestos materials per EPA, ODEQ and Public Health Standards.

Mechanical, HVAC, & Refrigeration and Propane Systems

Mechanical, HVAC, Refrigeration work involves installation, repair, and replacement of heating, ventilation, air conditioning, and refrigeration equipment. The Contractor shall be licensed for HVAC, Mechanical, or

Refrigeration work in the state of Oregon.

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

Possible performance activities include, but are not limited to: repairing a heat pump, installing ducts, repairing tree cooler components, troubleshooting and performing maintenance for HVAC systems.

Propane work involves inspecting, installation, repair, and replacement of propane systems and fixtures. Most of the Forest’s propane systems are located at remote District and Recreation sites, guard stations and lookout towers. The Contractor shall be licensed for LPG work in the state of Oregon.

Possible performance activities include, but are not limited to: inspecting and reporting on propane system

(tank, piping and appliances), replacing gas piping, pressure testing the system for leaks, and replacing propane appliances.

Plumbing

Plumbing work involves the installation, repair, and replacement of plumbing systems and fixtures. This includes potable water, sanitary drainage, storm drainage, venting, and gas piping. The Contractor shall be licensed for plumbing work in the state of Oregon.

Possible performance activities include, but are not limited to: repairing leaking pipes, replacing water and wastewater fixtures, troubleshooting plumbing systems, replacing the plumbing in a well house.

Electrical

Electrical work involves the installation, repair, and replacement of electrical systems and fixtures. The

Contractor shall be licensed for electrical work in the state of Oregon.

Possible performance activities include, but are not limited to: installing new conduit and conductors for electric fixtures, replacing light fixtures, troubleshooting an electrical system, repair lightning protection on a lookout tower, supply, install and maintain Electrical Control Panels and replacing a breaker panel.

Electrical Control Panel work involves inspecting, troubleshooting, and repairing control panels. This work requires the ability to read, understand, and edit relay (ladder) logic diagrams. The Forest’s control panels operate water systems, wastewater systems, and tree coolers. The Contractor shall be licensed for electrical work in the state of Oregon.

Possible performance activities include, but are not limited to: read relay logic schematics while troubleshooting a broken control panel for a water system, replacing motor starter contacts, programming a set point controller within a relay panel, and rewiring a number of relays to change the logic of a control panel.

Water & Septic Systems

Water and septic system work involves installations, repairs, and replacements of water and wastewater pipes, valves, tanks, hydrants, and appurtenances. This work does not require a plumbing license. Contractors must

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002 be certified with the Oregon Department of Environmental Quality (ODEQ) to perform work on State approved septic systems.

Possible performance activities include, but are not limited to: installing a new valve in an existing waterline, replacing a failed septic tank, performing wastewater sand filter maintenance, repairing a hand pump, replacing a water hydrant, pressure testing a waterline, and replacing a submersible pump.

Well and Pump Maintenance

Well and pump maintenance work involves drilling, modifying, and abandonment work for new and existing wells.

The Contractor shall be licensed for well maintenance work in the state of Oregon.

Possible performance activities include, but are not limited to: installing a new well pump, deepening an existing well, performing well capacity pump testing, abandoning an existing well, and replacing a submersible well pump.

Minor Demolition of Buildings

Minor demolition of buildings and structures involves the controlled removal by deconstructing of small buildings (less than 10,000 square feet). This includes the removal and disposal of small buildings structures of wood or metal construction and may include work that involves Lead and Asbestos removal and disposal.

Disposal will be done at an appropriate state or local disposal site, biomass or recycle site.

Possible performance activities may include but not limited to; demolition and disposal of a single story house, demolition of a concrete sidewalk, removal of asbestos laden flooring and ceiling tiles, demolition of a surplus warehouse made of wood or metal.

Landscape and Grounds Maintenance

Landscape and Grounds maintenance work involves periodic services performing landscape and grounds maintenance on an as needed basis. The Contractor shall be licensed for landscape maintenance work in the state of Oregon.

Possible performance activities include, but are not limited to: installation and repairing sprinkler systems, mowing lawn areas, clearing weeds, supply and laying sod, supply and installation of plants and landscape features.

Janitorial and Cleaning Services

Janitorial and cleaning service work involves periodic call as needed services to clean administrative building and residential housing. The Contractor shall be licensed for janitorial service work in the state of Oregon.

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

Possible performance activities include, but are not limited to: carpet cleaning, wiping down interior walls, removing trash, disposing of collected refuse, recycling, cleaning following major public functions and cleaning windows.

Time Sensitive / Emergency Response Work

At times, work designated as time sensitive, such as emergency, health & safety, or potential environmental hazards, may require the Contractor to have equipment and services responding to affected sites within 4 hours

(or as negotiated) of notification, be it “outside of normal work hours” and/or weekends. Successful bid contractors shall provide a contact name and phone number for any time sensitive or emergency response work requirements.

4. FAR 52.212-4 Contract Terms and Conditions—Commercial Items (MAY 2015)

(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.

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Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

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(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, contract 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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Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

(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 contract line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

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Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

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

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

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

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

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

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41

U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49

U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(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 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002 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.

(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.

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Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

ADDENDUM TO FAR 52.212-4 The following clauses are hereby incorporated by reference or full text as appropriate:

52.204-8 Annual Representations and Certifications (APR 2016)

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

52.211-18 Variation in Estimated Quantity (APR 1984)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-11 Subcontracts (Labor Standards) (MAY 2014)

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014

52.222-27 Affirmative Action Compliance Requirements for Construction (ARP 2015)

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

52.233-1 Disputes (MAY 2014)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.242-17 Government Delay of Work

52.242-14 Suspension of Work (Apr 1984)

52.242-15 Stop-Work Order (Aug 1989)

52.243-5 Changes and Changed Conditions (APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.223-1 Biobased ProductCertification (MAY 2012) FAR 23.301.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP

2013)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

52.223-4 Recovered Material Certification (MAY 2008)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52-223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items (May 2008

52.223-10 Waste Reduction Program (MAY 2011)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016)

52.223-15 Energy Efficiency in Energy-Consuming Products(DEC 2007)

52.223.17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY

2008)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

5. AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB

1988)

The attachments to the Statement of Work/Specifications listed in number 33 are hereby made part of this solicitation and any resultant contract.

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

6. FAR 52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definition. “Acceptance,” as used in this clause, means the act of an authorized representative of the

Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The

Contracting Officer shall give written notice of any defect or nonconformance to the Contractor ____ “within

30 days from the date of acceptance by the Government.___ This notice shall state either—

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

7. FAR 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the

Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The

Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

Facilities Maintenance Services and Construction for Fremont-Winema National Forests Solicitation No. AG-04P5-S-17-0002

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the

Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the

Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for…