Grounds_MaintenanceLakeviewContinuationofSF1449.docx

AG-04P5-P-17-0001

Lakeview Ranger District Grounds Maintenance Services Continuation of SF1449 –SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

GROUNDS MAINTENANCE SERVICES

Lakeview Ranger District Fremont-Winema National Forest

01A Base Year – Performance period 2017

Grounds Maintenance Services for the Lakeview Ranger District as listed in attached specifications.

Month

02A Option Year 1 – Performance period 2018

03A Option Year 2 – Performance period 2019

04A Option Year 3 – Performance period 2020

Grounds Maintenance for the Lakeview Ranger District as listed in attached specifications.

TOTAL QUOTE, ALL YEARS

This is an option year contract, reference FAR 52.217-9 contained in this request for quotation and resultant contract.

DUNS #_______________________________ TIN#_________________________

Email Address:_________________________________________________________

Pre-Quote Visit: Contact Tom Howard at 541-947-6300 to arrange a time and date.

For technical information, contact Tom Howard at 541-947-6300 or Rhonda Vickerman at 541-353-2713. If you need directions to the Lakeview Ranger District Office, please contact Tom Howard.

For contractual information, contact Linda Watson at 541-885-3408 or email lcwatson@fs.fed.us.

Offers shall be submitted for the total item. Offers for less than the total item will not be considered. All items are subject to Contractor Quality Control.

Quoter must respond to the other factors as described under FAR 52.212-2 – Evaluation – Commercial Items (OCT 2014). Award will be made on the best value for the Government. Evaluation of options shall not obligate the Government to exercise the option. It’s the Government’s intent to make one contract award.

Quoter MUST register online at www.sam.gov, System for Award Management (SAM). See FAR 52.212-4 (t) and Online Representations and Certifications Applications (ORCA) – See FAR clause 52.212-3. Contractors must have an “active” registration at the time of award for the Government to access electronically.

The contract awardee must register at the https://www.ipp.gov/vendors/enrollment-vendors.htm in order to submit invoices for payment. See page 22 for more information.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

LAKEVIEW RANGER DISTRICT

1.1 General

This solicitation contains a work statement for a performance based service, this means that the Government has described WHAT is to be accomplished, not HOW to accomplish it, and states a basis for determining whether the finished work meets the Government quality requirements. It does not state detailed procedures for accomplishing the requirement unless there are safety, security or communication requirements.

It is the responsibility of the Contractor to ensure that the necessary hours that it will take to meet the performance standards specified are built into their pricing.

The Contractor will be required to maintain a quality control program to ensure that the requirements of this contract are met. This program shall be created to identify and correct deficiencies in the quality of services before performance becomes unacceptable.

It is the purpose and intent of this request for quotations to secure grounds maintenance services for the Lakeview Ranger District. This is anticipated to be a 4-year seasonal contract with the Base Year commencing approximately 05/15/2017 with three option years, ending approximately 10/15/2020.

The regular services shall be performed at frequencies determined by the Government. Performance shall be based on the Government’s evaluation of the results.

1.2 PROJECT LOCATION & DESCRIPTION

Lakeview Ranger District US Forest Service 18049 Highway 395 Lakeview OR 97630 Business hours 0745-1630 Monday – Friday

Note: The project includes all areas within the fenced boundaries around the Lakeview Ranger Station offices (from the south edge of Highway 395) including a small area along Highway 395 outside the fence. The combined areas for mowing and trimming are approximately 2.69 acres. See List of Attachments, Section J.

It is incumbent on the contractor to visit the site and ascertain actual combined size and acres of lawns and trimming areas.

The Government will not be responsible for any error or variation in the acreage listed, nor will the Contractor, because of any error or variation in the acreage listed, be relieved of their responsibility to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost to the Government.

1.3 SAFEGUARDING PREMISES

All reasonable precautions shall be taken to prevent loss or damage to Government buildings or property. The Contractor, during the course of work, shall not permit entry into the compound by any unauthorized personnel. The Government will not be responsible for damage to any of the Contractor’s equipment, supplies, or materials.

1.4 PRE-QUOTE INSPECTION

Contact Tom Howard at 541-947-6300 to arrange a date to tour the facilities.

1.5 ESTIMATED START DATE & CONTRACT TIME

May 15, 2017 is the estimated start date. Base year period will run from date of contract award ending approximately October 15, 2017. There are three (3) Option Years and the total contract time will not exceed four (4) years.

1.6 LICENSES AND INSURANCE

The Contractor shall obtain necessary licenses and insurance needed to perform this contract, and will provide copies of the necessary licenses and insurance upon request of the COR.

2.1 PERFORMANCE STANDARDS AND GUIDELINE REQUIREMENTS

The Contractor shall provide sufficient supplies, materials and equipment to adequately maintain the grounds at an acceptable level that is consistent with comparable industry standards for this type of contract. The following guidelines describe what is considered to be the normal industry quality and performance standards for this type of contract.

The following guidelines are for reference only and final results will be the determining factor for the success or failure of this contract. Performance will be based on the Contractor’s effort in meeting the performance and quality standards, not the method of performance. Evaluations of the Contractor’s work will be based on these standards, and shall be conducted by the Contracting Officer’s Representative (COR) as close to the time the tasks are completed as feasible.

2.2 SCHEDULE OF SERVICES REQUIRED

A. The Contractor shall perform services at any time within the following times unless the Government grants approval of time deviations.

(a) Monday through Friday. The Contractor shall perform all services between 4:30 pm and 9:00 pm

(b) Saturday and Sunday services shall be performed between 7:00 am and 9:00 pm

B. In the event services are not provided or required because the facility is closed due to inclement weather, unanticipated holidays declared by the President, failure of congress to appropriate funds, etc., the CO shall either:

a) Direct the Contractor to perform the work contractually specified over a number of immediately subsequent day(s) equal to the duration of the shutdown, or

b) Forego the work and reduce payment due to the Contractor for work not performed. The deduction rate in dollars per day shall be equal to the “per month” fixed price divided by 9 days per month and then multiplied by the number of days services were not provided. Appropriate adjustments will be made by the CO in the event services are provided for portions of days, or

c) Reschedule the work on day(s) satisfactory to both parties. Except as noted in the schedule of work, work shall not be required on the following holidays:

New Year’s Day Martin Luther King Jr Birthday Presidents’ Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

C. All work under this contract shall be performed in a skillful and workman-like manner. The Contracting Officer may, in writing, require the Contractor to remove from the work, any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable or for theft, possession and/or removal of materials, supplies, equipment, or any Government-owned property.

D. The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity, and shall be responsible for taking disciplinary action with respect to employees as may be necessary.

E. The Contractor shall immediately report hazardous conditions and items needing repairs (leaking faucets, etc.) to the COR.

2.3 PERFORMANCE WORK STATEMENT TASKS

A. Startup and Shutdown:

The growing season is approximately from May to October, adjustments in start up and shut down time may be determined by the Contracting Officer. Contractor is responsible for the preparation of lawns and other mowing and trimming areas where leaves and other debris accumulate over the winter and off season. Removal of these leaves and debris is necessary to perform the required duties of the contract. Some placement, removal and storage of hoses and sprinklers (supplied by the government) may also be involved in the start up and shutdown procedures of this contract.

B. Vegetative Services 1.The Contractor shall mow all lawn areas within the contract boundaries to maintain a height of from 2 to 3 inches. Precautions shall be taken during mowing to prevent windrows and clumps of vegetation. All grass shall present a well-groomed appearance at all times.

2. The Contractor shall trim around trees and shrubs without taking the bark off. The Contractor shall also trim around sprinkler heads, fences, monuments, flagpoles, walls, etc. Trimming shall be accomplished each time the grass is cut. All vegetative growth shall be trimmed to the same height as for grass cutting.

3. The Contractor shall control or eradicate all weeds and vegetative growth in all areas not specified as lawn, but within the contract area. Easements outside fenced areas are considered part of this contract. Control shall be accomplished by mechanical means and shall be performed in a manner that presents a neat, well-maintained appearance.

4. The Contractor shall rake all lawn and vegetative areas so as to keep them free from leaves and debris generated by mowing, trimming and shed by trees. A self mulching lawnmower may be one satisfactory approach and may be used with prior Government approval.

5. The Contractor shall edge all curbs, concrete walks, and driveway areas a minimum of once per month. Edging shall be performed in a manner that does not damage curbs, concrete walks and driveway areas.

6. After each mowing operation, the Contractor shall verify that the automatic underground sprinkler system on the lower compound area is performing correctly and the heads are not damaged.

7. The Contractor shall bag, remove, and properly dispose of all vegetative matter created under this contract after each treatment.

8. The Contractor shall sweep all sidewalks upon completion of each mowing and trimming operation.

C. Watering Services The Contractor shall water all areas designated as mowing areas, unless otherwise specified by the Government. Watering shall be included in the price of the mowing. No separate payment will be made for watering. General watering of all other areas shall be as follows:

1. Watering shall be performed on all grounds specified as lawn areas, unless otherwise exempt (areas with automatic sprinklers). Automatic sprinklers may need adjustment by Contractor to meet watering requirements and water conservation.

2. Watering shall be done in a manner that assures a green growing lawn in all areas containing lawn. The watering of other vegetation shall be done in a manner that assures healthy vegetation.

3. Watering shall be done in a uniform manner and in such a way as to prevent runoff onto streets, parking areas, sidewalks, driveways, and drainage ditches. No surface shall be left covered by standing water upon completion of watering.

4. The Contractor shall water all lawn areas on the compound that are not covered by the automatic sprinkler system, this includes moving hoses and sprinklers on a regular basis. No additional payment will be included for this service.

5. Water conservation will be required in all areas to avoid excess water usage.

D. Fertilizing Two applications of fertilizer for the lawn around the Main Office shall be done each year. Applications shall be done in May and October. No additional payment will be included for this service.

BioPreferred products: Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy and Transportation Management” and the Federal Acquisition Regulation to provide biobased products.

2.4 GOVERNMENT FURNISHED MATERIALS AND SERVICES

The Government shall provide: Keys and security access codes to the gates and buildings, five 50’ or greater watering hoses and five lawn sprinklers. Telephones shall not be used by the Contractor for any reason other than emergencies.

2.5 CONTRACTOR FURNISHED MATERIALS AND SERVICES

The Contractor shall provide labor, equipment, materials, supplies, supervision, transportation, employee training and incidentals, except those listed under Government furnished, necessary to perform grounds maintenance services in accordance with the terms, conditions and specifications herein.

These supplies and materials shall be of a quality and type customarily utilized by other contractors engaged in the profession of providing grounds maintenance services. The products utilized will comply with bio based and/or post-consumer/recycled content. As an example (not inclusive of all needs):

Fertilizers Dust suppressants 2-cycle engine oil lubricants Hydraulic fluids and greases

In the performance of this contract, the Contractor shall make maximum use of bio based products (see FAR 52.223-2 Affirmative Procurement of Bio based Products Under Service and Construction Contracts) and see information on Sustainable Operations on pages 25-26, unless the product cannot be acquired:

1) competitively within a time frame providing for compliance with the contract performance schedule;

2) Meeting contract performance requirements; or

3) At a reasonable price

No flammable liquids shall be stored in the buildings.

The Contractor must be responsible for instructing company employees in appropriate safety measures Five (5) days prior to the starting date of the contract, the Contractor shall submit to the COR, a list giving the name of manufacturer, the brand name, and Material Safety Data Sheets with the intended use of each of the materials the Contractor proposes to use in the performance of the work. Contractor shall not use any materials which the COR determines to be unsuitable for said purpose. Any material which the COR suspects of not meeting safety standards shall be tested by a recognized testing laboratory at the Contractor’s expense.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

2.6 SERVICE CALLS

A service call is a report by building occupants, Forest Service personnel or other interested parties of a service related problem and the Contractor’s subsequent response to and correction of the problem. The COR will contact the Contractor with these reports. The Contractor shall develop and implement a system to receive, record, respond and track all service calls, trouble calls or other operational problems.

The contractor shall be responsible for all service calls that pertain to this contract such as damaged sprinkler heads, water line leaks, etc. The Contractor shall correct any performance deficiency within 24 hours. In circumstances where a service call cannot be resolved within 24 hours due to circumstances beyond the Contractor’s control, the Contractor shall immediately notify the COR of the time and date corrective action will be completed and the reason it cannot be accomplished in a timely manner.

Service Call Log: The Contractor shall maintain a service call log in sufficient detail to enable the COR to determine whether services are complete in accordance with the terms of the contract. The service call log shall be available for inspection by the COR.

3.1 SUBCONTRACTING

The Government reserves the right to approve or disapprove any subcontractors selected. Therefore, the Contractor shall obtain approval from the Contracting Officer for all subcontractors prior to entering into any subcontracts for the performance of work under this contract. The notification shall include as a minimum:

1. The name, address and telephone number of the subcontractor;

2. The date upon which the subcontract was entered into and its duration;

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

4.1 TASKS AND CRITICAL SUBTASKS

1. Supervisory Control The Contractor shall designate an on-site supervisor who shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity, and shall be responsible for performance of work. An equally qualified alternative supervisor shall be provided to act on behalf of the supervisor during his/her absence. The supervisor and alternate shall be designated as key personnel and be able to read, write, speak and understand English and have full authority to act for the Contractor. The Contractor shall provide the telephone number of the supervisor and alternate to the CO within ten (10) calendar days after award of the contract. The Contractor shall immediately notify the Contracting Officer’s Representative (COR) and CO in writing when a decision to terminate an employee has been made. The Contracting Officer may, in writing, require the Contractor to remove from the work, any employee who the Contracting Officer deems incompetent, careless or otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or Government owned property. Any persons not employed by the contractor will NOT be allowed on the premises during the performance of duties.

Performance Standard: The supervisor or alternate shall be on-site and accessible during (times of performance) working hours.

Performance Measurement: The Government will document in writing those instances where the supervisor or alternate have not responded to calls or are not available to meet.

4. Hazard Communication Training The Contractor shall provide employees with Hazard Communication training within one month after award of the contract or within one month after hiring a new employee. Per OSHA 29 CFR 1910.1200 Hazard Communication Standard, this training also includes instruction on the appropriate handling of chemicals requiring a Material Safety Data Sheet. Risk of loss of life or risk of injury to the Contractor or to his/her employees shall be assumed by the Contractor.

5. Key Control The Contractor will be issued keys/combinations by the Government for office access at the time of contract award. No keys shall be duplicated unless authorized in writing by the COR. The supervisor shall issue keys to Contractor employees and be responsible for their return.

The Contractor shall report the occurrence of a lost key immediately to the COR. The Contractor shall be required to replace or to reimburse the Government for replacement as a result of the Contractor losing keys.

The Contractor shall prohibit the use of keys issued by the Government by any persons other than the Contractor’s employees. The Contractor’s employees shall prohibit entrance to the building by other than Contract employees engaged in the performance of contract related work.

5.1 CONDUCT

5.2 General

All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may, in writing, require the Contractor to remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or any Government-owned property.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity, and shall be responsible for taking such disciplinary action with respect to the employee(s) as may be necessary.

The Contractor shall prohibit his/her employees from using telephones or other office equipment provided for official Government use.

The Contractor will be notified of non-compliance and will be requested to correct the condition at the Contractor’s expense.

The Contractor will not be allowed to have any persons (family members or otherwise) under the age of 16 years on the premises to either work or accompany the Contractor or his/her employees during performance of the contract.

5.3 Specific Conduct

The following restrictions apply to the Contractor and Contractor’s employees:

a. Smoking: All buildings are non-smoking buildings. The Contractor shall not smoke inside the building.

b. Gambling: The Contractor shall not participate in games for money or personal property while on Government property.

c. Alcoholic Beverages and Narcotics: The Contractor shall not be under the influence of, use, or be in possession of any narcotic drug, hallucinogenic, marijuana, barbiturate, amphetamine or alcohol while entering on or on Government property. This prohibition will not apply in cases where the drug is being used as prescribed for a patient by a licensed physician.

d. Soliciting or Vending: The Contractor shall not solicit or sell any items while on Government property.

e. Firearms: The contractor shall not be in possession of any firearms in any of the buildings or grounds areas.

f. Pets: Contractor may not bring pets into the buildings.

5.4 Miscellaneous

a. Report fires and hazardous conditions either in person, by phone or by note depending on severity.

e. Grounds maintenance will be performed according to industry standards.

f. Protect government property, buildings, materials, equipment, supplies, records and data against unauthorized access, loss or damage.

h. Establish a system to report potentially hazardous conditions.

i. Prepare reports of accidents and fires and submit to the COR; maintain and make available all records in connection with protection activities.

6.1 SECURITY OF PREMISES

The Contractor shall comply with the requirements identified in pages 21-23 of this solicitation regarding Contract Personnel and Contractor Background Checks. Procedures for the background checks will begin upon contractor acceptance of contract.

7.1 PROPERTY AND PERSONAL DAMAGE

The Contractor shall assume all risk of loss or damage to his/her equipment and injury to himself/herself or his/her employees, and shall hold and save the Government and its employees harmless from liability of any nature or kind resulting from performance of this contract, except for the negligent acts of government employees.

The contractor shall be responsible for all damage to property and to persons, including third parties, that occur as a result of his/her agent’s or employee’s fault or negligence. The term “third parties” is construed to include employees of the government.

8.1 DEFINITIONS

SURVEILANCE: The Government COR will visually inspect to ensure accomplishment of each element under the statement of work.

STANDARD: The Contractor shall perform the statement of work in a satisfactory manner maintaining a facility in a professional appearance.

PROCEDURE: The COR will ensure Contractor’s compliance with the appropriate element of the SOW when service is performed and will record results of inspections, noting date and time of inspection. If inspection indicates defective performance, the COR will issue a notice of noncompliance to the contractor. Work will not be considered complete until all defects have been corrected. Anytime notices of noncompliance exceed the performance threshold, it will represent failure on the part of the Contractor to meet contract requirements and support cause for a deduction in contract payment or termination of the contract.

SECTION E – INSPECTION AND ACCEPTANCE

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

VEGETATIVE SERVICES and WATERING SERVICES Services to be performed at specified locations, per the service schedule.

AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting officer or the Contracting officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed randomly at the USDA Forest Service, Lakeview Ranger District compound.

(End of Clause)

GOVERNMENT INSPECTION

The Government will visually inspect the Contractor’s performance on a random basis under this contract to ensure compliance with contract guidelines. The COR will record inspection observations and will document deficiencies through a written inspection report provided to the Contractor. When unacceptable performance is observed, the COR will meet with the Contractor’s on-site supervisor to review the inspection report and ensure that the Contractor has an understanding of the unacceptable services. The preferred method to resolve deficiencies is to allow re-performance to correct the deficiencies. The contractor shall be provided with the opportunity to correct substandard performance within one business day. When substandard performance is not corrected within the specified timeframe or the Contractor refuses to re-perform the service, the unsatisfactory service is then logged as a deficiency.

PERFORMANCE OBJECTIVES

The Contractor service requirements are summarized into performance objectives that relate directly to the essential services provided. The stated performance thresholds are the minimum acceptable levels of service for each stated requirement. All aspects of Contractor performance are subject to Government quality Assurance Surveillance Plan, and absence of any contract requirements from the Performance Objectives will not detract from the enforceability, nor limit the rights or remedies of the Government under other contract clauses.

CONTRACTOR ASSURANCE SURVEILLANCE PLAN

A. Quality Assurance Surveillance Plan (QASP) The Contractor shall provide a Quality Assurance Surveillance Plan (QASP) as part of this Technical Proposal. The Plan must demonstrate how the Contractor shall assure that quality of performance meets the objectives and requirements of the contract. The QASP shall specify:

· How quality will be monitored to ensure performance standards are met

· How the work will be supervised

· Identify the personnel responsible for performing quality control

· How results of the monitoring will result in quality performance

· Create a checklist for inspection that covers all services stated in the “Performance Standards and Guidelines”

· A system to ensure that the Contractor’s employees are notified of any deficiencies in their area of responsibility

· A plan to monitor and correct customer complaints

· A plan for immediately forwarding customer complaints that are not the responsibility of the contractor to the COR

B. Contractor Quality Control Inspection The Contractor shall assure themselves that performance meets contract specifications in accordance with FAR 52.212-4, Contract Terms and Conditions – Commercial Items, paragraph (a), prior to requesting the Government to inspect for payment or acceptance. The contractor shall contact the Contracting Officer upon completion of a unit. The Contracting Officer may observe the Contractor’s inspection at any time and shall otherwise have unlimited access to the inspection data.

Failure by the Contractor to implement the approved plan and pursue it diligently from the commencement of the contract may be considered grounds for default.

SECTION F – DELIVERIES AND PERFORMANCE

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 addresses: www.arnet.gov/far/ and www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGAR-452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

Base Period: May 15, 2017 to October 15, 2017 Optional Period 1: May 15, 2018 to October 15, 2018 Optional Period 2: May 15, 2019 to October 15, 2019 Optional Period 3: May 15, 2020 to October 15, 2020

FAR 52.237-1 SITE VISIT (APR 1984)

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.

Technical Contact: Tom Howard, 541-947-6300 or Rhonda Vickerman, 541-353-2713

REPORTING REQUIREMENTS

The Contractor shall prepare and submit the following deliverables in accordance with the schedule below (documents should be submitted to Contracting Officer (CO) :

Inspection Reporting The contractor shall utilize the Inspection Checklist, as specified above. The checklist should show the status of all work completed daily, weekly and monthly and initialed at completion.

Service Call Log – Deficiency Reports The Contractor shall submit deficiency reports to the Service Call Log daily, as the deficiency occurs or is reported. Deficiency reports should be addressing those areas not cleaned and the reason for not cleaning them. Deficiencies include, but are not limited to the following: deficiencies in building equipment or damage to the building such as broken sprinkler heads, cracked hoses, etc. Likewise, the government will use the log to report concerns to the grounds maintenance staff.

SECTION G – CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held at the Lakeview Ranger District or by conference call.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting officer designates the Contracting officer’s Representative (COR).

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

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

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting officer should be notified immediately, preferable in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment of necessitate submittal of a contract claim.

CONTRACTOR’S REPRESENTATIVE

The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor’s Representative (1) conversant in the English languages and (2) able to read and understand the contract.

SUPERVISION

The Contractor shall arrange for satisfactory supervision of the contract work. The contractor or one of its supervisors shall be available at all times, when the contract work is in progress to receive notices, reports or requests from the Contracting Officer or COR. The Contractor shall provide in writing to the COR at least five (5) days prior to the contract starting date the names, telephone numbers and addresses of on-site supervisors. The term “on-site supervisor”, “alternate on-site supervisor”, “superintendent” or “Contractor Representative” means a person designated in writing by the Contractor who has the authority to act for the Contractor on a day-to-day basis at the work site and to accept and sign for notices of deductions, inspection reports and all other correspondence on behalf of the Contractor.

PAYMENT

Payment will be made on a monthly basis for services that have been satisfactorily provided. The Contractor will submit an invoice each month along with the completed inspection checklist from the Quality Assurance Surveillance Plan. The Government will review the performance as compared to contract standards, the Quality Assurance Surveillance Plan and the Performance Objectives. Monthly payments to the Contractor will be reduced for logged deficiencies, as described in the Inspection clause. Deduction for deficiencies shall be calculated as 1/30th of the unit price for each day the Contractor fails to correct the deficiency.

INVOICE PROCESSING PLATFORM

NOTE: The paragraph below replaces the paper invoice copies requirement referenced on FAR 52.212-4(g) invoices.

The “submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. department of Treasury and you can find more information at this website: https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

GOVERNMENT FURNISHED PROPERTY

See Section 2.4 of the Statement of Work.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer’s Liability. The contractor is required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence of bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of Clause)

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

· Project Manager

· On-Site Supervisor/Worker

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.

PAYMENT FOR PIV BACKGROUND CHECKS

There is a $175.00 fee for every employee that is submitted for background checks. The government will pay for the initial background check upon award of this contract. The contractor shall be responsible for the fee each and every time a background check is performed for subsequent employees. This fee shall be deducted from the current invoice.

AGAR 452.204-71 (OCT 2007)

(a) The Contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a Contractor’s employee, the contracting officer will notify the Contractor in writing.

(c) The Contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the Contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR/COTR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from 8 a.m. to 4 p.m., Monday through Thursday. The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs c, d and e.

FSAR 4G52.222-701 – EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire undocumented workers. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The Contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual’s national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the Contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

PERSONAL PROTECTIVE EQUIPMENT

1. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head and extremities shall be provided, used and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. While the proposed service under this contract does not include routine exposure to blood borne pathogens, the scope of services may occasionally include the cleanup of potentially infectious materials that may result from routine tasks. The Contractor shall review and implement work practice controls that reduce the likelihood of exposure to its employees. Such practices shall fully comply with the requirements of the Blood Borne Pathogen standard listed in 29 CFR 1910.1030.

SUSTAINABLE ACQUISITION

The Contractor must comply with Section 9002 of the Food, Conservation and Energy Act of 2008; Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA); Executive Order (EO) 13514, “Federal Leadership in the Environmental, Energy and Economic Performance” which retains the requirements of EO 13423; Presidential Memorandum, “Driving innovation and Creating Jobs in Rural America through Bio based and Sustainable Product Development”; and the Federal Acquisition Regulation to provide bio based products.

The Contractor shall utilize products and material made from bio based materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered of the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal Specifications and standards.