Toilet Pumping FW 0030.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

594787/594810

PAGE 1 OF

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQ AG-05G1-S-12-0030

6. SOLICITATION ISSUE

DATE

July 22, 2012

7. FOR SOLICITATION

INFORMATION CALL :

a. NAME Cathy E. Van Alyne

Contracting Officer

b. TELEPHONE NUMBER (No collect calls)

509.684.7114

8. OFFER DUE DATE/

LOCAL TIME

Aug 13, 2012

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE 100 % FOR

USDA Forest Service

Colville National Forest

765 South Main

Colville, WA 99114

Quotes are due August13, 2012 at 3:00 p.m.

SMALL BUSINESS WOMAN –OWNED SMALL BUSINESS (WOSB)

HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

SERVICE DISABLE VETERAN- EDWOSB

VETERAN-OWNED SMALL

BUSINESS 8(A)

NAICS Code 562991 Size Standard $7 million

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13A. THIS CONTRACT IS RATED

ORDER UNDER DPAS (15 CFR 700

13B. RATING

14. METHOD OF SOLICATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

765 South Main Colville, WA 99114

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO. TIN #_____________________

E-Mail Address: ________________________

18a. PAYMENT WILL BE MADE BY

USDA, OCFO, COD, APB

P.O. Box 60075

New Orleans, LA 70160

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Forest Wide Vault Toilets and Holding Tank

Pumping, Colville National Forest

Insert your prices on pages 3 and 9.

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

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. ARE ARE NOT ATTACHED.

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY 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: REFERENCE RFQ AG-05G1-S-12-0030

OFFER DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), 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 (Type or Print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (Rev. 2/2012) Prescribed by GSA-FAR (48CFR 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Forest Wide Vault Toilet Pumping

Enter your prices on pages 3 through 9.

When submitting your quote, return pages 1 through 9 and pages 66 through 71. Return to the address in block 9. On your sealed envelope, please write RFQ AG-05G1-S-12-0030, due

August 13, 2012.

The Contractor must be registered and valid in the CCR and ORCA Databases.

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECTFOR

36. PAYMENT

COMPLETE PARTIAL

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.2/2012) BACK

Forest Wide Toilet Pumping RFQ AG-05G1-S-12-0030

Colville National Forest Page 3

SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM

NO.

SUPPLIES AND

SERVICES

DESCRIPTION

Estimated

QUANTITY

UNIT

PRICE

TOTAL

1A

Zone I - Republic

Contractor to provide all supervision, labor, tools, transportation, equipment and supplies required to pump Septic and Holding Tanks (S&HT) and Vault Toilets

(VT) in accordance with PWS. Note: Quote shall include mileage.

Zone I – Republic

Base Item

Date of Award through January 31, 2014

1A Pump S&HT 1,000 Gallon 1 EA $______

1B Pump VT 1,000 Gallon 10 EA $______

Total Quote for Item 1A

Option

1B

Zone I – Republic

Option Year I

February 1, 2014 through January 31, 2015

1A Pump S&HT 1,000 Gallon 1 EA $______

1B Pump VTs 1,000 Gallon 10 EA $______

Total Quote for Item 1B

1C

Zone 1 - Republic

Option Year II

February 1, 2015 through January 31, 2016

R1B Pump, S&HT 1,000 Gallon 1 EA $______

R1D Pump, VT 1,000 Gallon 10 EA $______

Total Quote for Item 1C

Total Quote for Zone 1 - Republic (Item 1A + 1B + 1C)

Toilet Pumping RFQ AG-05G1-S-12-0030

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SUPPLIES AND

2A

Zone 2 – Kettle Falls

Zone 2 – Kettle Falls

2A Pump S&HT 1,000 Gallon 1 EA $______

2B Pump VT 1,000 Gallon 20 EA $______

Total Quote for Item 2A

2B

Zone I – Republic

2A Pump S&HT 1,000 Gallon 1 EA $______

2B Pump VTs 1,000 Gallon 20 EA $______

Total Quote for Item 2B

2C

Zone 1 - Republic

2A Pump, S&HT 1,000 Gallon 1 EA $______

2B Pump, VT 1,000 Gallon 20 EA $______

Total Quote for Item 2C

Total Quote for Zone 2 – Kettle Falls (Item 2A + 2B +

2C)

Toilet Pumping Services RFQ AG-05G1-S-12-0030

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SUPPLIES AND

3A

Zone 3 - Ione

Zone 3 – Ione

3A Pump S&HT 250 Gallon 1 EA $______

3B Pump S&HT 1,000 Gallon 1 EA $______

3C Pump VT 500 Gallon 1 EA $______

3D Pump VT 1,000 Gallon 10 EA $______

Total Quote for Item 3A

3B

Zone 3 – Ione

3A Pump S&HT 250 Gallon 1 EA $______

3B Pump S&HT 1,000 Gallon 1 EA $______

3C Pump VT 500 Gallon 1 EA $______

3D Pump VT 1,000 Gallon 10 EA $______

Total Quote for Item 3B

3C

Zone 3 - Ione

3A Pump, S&HT 250 Gallon 1 EA $______

3B Pump, S&HT 1,000 Gallon 1 EA $______

Toilet Pumping RFQ AG-05G1-S-12-0030

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3C Pump, VT 500 Gallon 1 EA $______

3D Pump, VT 1,000 Gallon 10 EA $______

Total Quote for Item 3C

Total Quote for Zone 3 - Ione (Item 3A + 3B + 3C)

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SUPPLIES AND

4A

Zone 4 - Newport

Zone 4 - Newport

4A Pump S&HT 750 Gallon 1 EA $______

4B Pump S&HT 1,000 Gallon 1 EA $______

4C Pump VT 1,000 Gallon 10 EA $______

Total Quote for Item 4A

4B

Zone 4 - Newport

4A Pump S&HT 750 Gallon 1 EA $______

4B Pump S&HT 1,000 Gallon 1 EA $______

4D Pump VT 1,000 Gallon 10 EA $______

Total Quote for Item 4B

4C

Zone 4 - Newport

4A Pump, S&HT 750 Gallon 1 EA $______

4B Pump, S&HT 1,000 Gallon 1 EA $______

4C Pump, VT 1,000 Gallon 10 EA $______

Total Quote for Item 1C

Total Quote for Zone 4 - Newport (Item 4A + 4B + 4C)

Toilet Pumping RFQ AG-05G1-S-12-0030

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Total Quote for all Zones

Unit price is a fixed price to pump and dispose at approved State Facility in accordance with the specification listed herein. The unit price shall include mileage.

The frequency of pumping will vary during the period of performance. A task order will be issued to identify the frequency and location of the facilities to be serviced.

Estimated Quantity

The quantities shown on the schedule of items are estimated. The estimated quantity is established for evaluation purposes only and is not an indication of actual work to be awarded. The unit prices will be used to price out task orders.

The Government will place task orders for units on an indefinite delivery, indefinite quantity basis in accordance with prices listed on the schedule of items. The task orders are dependent on need and funding.

To evaluate offers for award purposes, the Government will apply the offeror’s proposed fixed –prices/rates to the estimated quantities included in the solicitation, and will add other direct costs if applicable.

This is an indefinite quantity contract. Reference FAR 52.216-18, FAR 52.216-19 and FAR 52.216-22. This contract has options which may be exercised by the Government.

Pricing for Option Years

Option years shall include all escalation costs for equipment, materials and incidentals, except for labor costs in accordance with FAR clause 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment

(Multiple Year and Option Contracts).

Contractor's Hourly Wage Rate and Fringe Benefits

To enable the Contracting Officer to determine whether any future price adjustment shall be applicable under

FAR 52.222-43 (May 1989), Contractor shall provide the following information:

A. Wage to be paid by Contractor:

Class Hourly Fringe Total Wages

Employee Wage Benefits for Each Class

1._________________________________________________

2._________________________________________________

B. Percent of unit bid price which represents wages _____.

Minimum Guarantees

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum (guarantee) of the following per unit for all three years:

Colville National Forest Page 9

Zone 1 – Republic $2,000.

Zone 2 – Kettle Falls $7,000

Zone 3 – Ione $12, 000

Zone 4 – Newport $4,000

AGAR 452.216-74 Ceiling Price (FEB 1988)

The ceiling price of all contracts awarded under this solicitation is $100,000 for all three years. The

Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor’s own risk.

Quoter’s Limitations

Quotes will not be accepted for less than a complete item.

Quoters who quote on more than one item may qualify their quote limiting the total quantity of work for which they will accept a contract. Quoters desiring to qualify their quote must complete the following: “My quote is limited to a minimum of ________ items and a maximum of ______ items, but not to exceed _______ item(s) on this schedule”. I am only interested in the following zones only:

______ Zone 1 – Republic

______ Zone 2 – Kettle Falls

______ Zone 3 – Ione

______ Zone 4 – Newport

Signature of Quoter Telephone

Toilet Pumping RFQ AG-05G1-S-12-0030

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CONTRACT CLAUSES

Block 27 of SF1449: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2012)

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of

God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The

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

(g) Invoice.

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

Colville National Forest Page 11

(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—

Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central

Contractor Registration), 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.

(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.

Toilet Pumping RFQ AG-05G1-S-12-0030

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(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidations 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 Section 611 of the

Contract Disputes Act of 1978 (Public Law 95-563), 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-moth 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 of amount of a debt within 30 days;

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

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

Contracting Officer (see 32.607-2).

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

Colville National Forest Page 13

(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.

(iv) 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 of 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 mad 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.

Toilet Pumping RFQ AG-05G1-S-12-0030

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(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. 3701, et seq., Contract Work Hours and Safety Standards Act;

41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws Unique to Government Contracts 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) Central Contractor Registration (CCR).

(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 CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to

Colville National Forest Page 15 ensure it is current, accurate and complete. Updating information in the CCR 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 CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR 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 CCR 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 CCR database. Information provided to the Contractor’s CCR 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 the internet at https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

Addendum To FAR 52.212-4

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

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (MAY 2012) In Blank insert Contracting Officer

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

Alternate I (JUL 1995)

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual)

52.232-11 Extras (APR 1984)

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) https://www.acquisition.gov/ http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

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52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (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)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-14 Suspension of Work Order (APR 1984)

52.244-6 Subcontracts for Commercial Items (DEC 2010)

52.245-1 Government Property (APR 2012)

52.245-9 Use and Charges (APR 2012)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archaeological or Historic Sites (FEB 1988)

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

452.237-75 Restrictions against Disclosure (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

FOREST SERVICE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

4G52.222-705 Camping Provisions for Labor Intensive Contracts (FEB 2007)

4G52.222-706 Privacy Basics Course Mandatory for Certain Contracts (FEB 2007)

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate

Applicants (Feb 2012) Alternate I (Feb 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No.

112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

Colville National Forest Page 17

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

The effective period of this contract is from date of award through January 31, 2014.

Note: The contract has 2 one-year options which may be exercised.

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 calendar from the end of the effective period.

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

A. The Government may extend the term of this contract by written notice to the Contractor within 2 calendar days from the end of the effective period provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

C. The total duration of this contract, including the exercise of any options under this clause, shall not exceed

47 months.

Option Periods

A. Exercise of an option will result in the following contract modification:

The “Effective Period of the Contract” clause (AGAR 452.211-75) will be modified as follows:

Period Start Date End Date

Option Period I February 1, 2014 January 31, 2015

Option Period II February 1, 2015 January 31, 2016

The “Availablity of Funds for Next Fiscal Year” clause (FAR 52.232-19) will be modified as follows:

Option Period I Change the date “September 30, 2012” to “September 30, 2014”.

Option Period II Change the date “September 30, 2014” to “September 30, 2015”.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor

(29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

Toilet Pumping RFQ AG-05G1-S-12-0030

Colville National Forest Page 18

It Is Not A Wage Determination.

Employee

Class

Basic

Rate Per

Hour

% of

Pay for

H & I

Paid

Holidays

Paid

Vacation

% of Pay for

Retirement

WG-3 $14.36 Hr. 1/ 2/ 3/ 4/

1/ 5.1% of basic hourly rate.

2/ Ten paid holidays per year: New Year’s Day, Martin Luther King Day, Washington’s Birthday, Memorial

Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

3/ 13 days paid vacation for each year of service up to three years, 20 days after three years, 26 days after 15 years.

4/ 7% of basic hourly rate

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2012. The

Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the

Government for any payment may arise for performance under this contract beyond September 30, 2012, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

FAR 52.216-18 Ordering (OCT 1995)

A. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the effective period.

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

C. If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 Order Limitations (OCT 1995)

A. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $175.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

B. Maximum order. The Contractor is not obligated to honor --

1. Any order for a single item in excess of $20,000;

2. Any order for a combination of items in excess of $30,000; or

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3. A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph 1. or 2. above.

C. If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum order limitations in paragraph (b) of this section.

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

FAR 52.216-22 Indefinite Quantity (OCT 1995)

A. This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

B. Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The

Government shall order at least the quantity of supplies or services designated in the Schedule as the

"minimum."

C. Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

D. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contracts effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the date stated for delivery on the last task order given within the effective period.

Ordering for this Project

A. Services to be provided hereunder will be ordered by issuance of a written task order using form OF-347, ORDER FOR SUPPLIES OR SERVICES; FS-6300-12, WORK ORDER; SF-30, CONTRACT

MODIFICATIONS; or approved Contracting Officer form. Each task order will reference this contract and will be subject to all the terms and conditions herein. Each task order will contain the following information.

1. Task Order and Contract Number

2. Date of Order

3. Services, Quantity and Prices

Toilet Pumping RFQ AG-05G1-S-12-0030

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4. Delivery Date

5. Delivery Location (road numbers, mile posts, and single or two lane road designation) and Vicinity

Map.

6. Job Code

7. Ceiling Price

B. Delivery/task orders will be issued at the price awarded on this basic contract and shall be firm-fixed price.

C. The following individuals may place orders against this contract:

Contracting Officer

D. Based on funding, there may be occasions when a task order is issued for work to be performed the next option period. The Contracting Officer may elect to use the prices listed for the next option period.

Schedules for Service Contracts

Contractor shall, at the pre-work meeting or within 5 days from receipt of any subsequent request from the

Contracting Officer, submit a time chart or schedule of proposed progress to insure completion of the work within the time set forth in the contract. If Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require

Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

Notice to Proceed or Work Order

A Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer's Representative

(COR). In some instances, the notice to proceed will be on the work order. No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

Required Submittals

The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.

Submittal Title Submittal Date

Copy of Current Sewage Pumper

Certification from Department of Health

During Prework and a copy before each field season

Copy of Blood Bourne Pathogen

Exposure Control Plan

During Prework and a copy before each field season

Dispostal Site With quote and anytime you change it

Schedule of Work With each work order – See Specifications

Safety Plan With quote

List of all products used on the

Contract. List of Biobased Products and dollar amount if any.

With quote and each time a new product is used.

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Notification of Subcontracting Prior to Subcontractor Starting Work

Fire Plan Prior to Work Starting

Camping Plan Prior to Camping

Release of Claims Form Prior to Final Payment

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful quoter is required. It will be scheduled after the date of contract award. The conference will be held at Colville National Forest Supervisor’s Office located in Colville, Washington or the Three Rivers Ranger District Office located in Kettle Falls, Washington.

Contractor Quality Control Plan

A. Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) with their quote, and then, if applicable, updated after contract award. An updated copy shall be provided to the Contracting Officer as changes occur.

The Plan must demonstrate how the Contractor will assure that quality of performance meets the objectives and requirements of the contract. The program shall identify and result in correction of potential and actual problem areas throughout the entire scope of this performance work statement. The QCP shall specify:

1. How quality will be monitored to assure performance standards are met.

2. How the work will be supervised.

3. How results of the monitoring will result in quality performance.

4. Identify the personnel responsible for performing quality control.

B. As a minimum, the Quality Control Plan shall:

Be structured so as not to be influenced by any other part of the Contractor’s organization.

Be directly accountable to the Contractor’s top management.

Include methods of direct and indirect communication with the Contracting Officer regarding Contract performance.

Include procedures for corrective action without dependence upon Government direction.

Include specific surveillance techniques for all contract products and services. The surveillance methods shall be comprehensive and adaptable to the reporting systems of the plan.

Include a customer feedback program to solicit performance feedback from Government staff and other contractors.

Include maintenance of records of all Contractor quality control checks and corrective actions.

Provide assurance of employee knowledge of work assignments, traffic regulations, and regulations pertaining to work.

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, Toilet Pumping RFQ AG-05G1-S-12-0030

Colville National Forest Page 22 paragraph (a) Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance.

Upon completion of a task order/work order the Contractor shall contact the Contracting Officer to set a mutually agreed upon date for inspection of completed work.

Government Quality Assurance Surveillance Plan and Acceptance Requirements

A. Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to determine confirm that the Contractor is performing quality control in accordance with its QCP and that

Contractor monitoring results in quality performance of contract objectives. Also, see next Exhibits and

Attachment for Government’s Quality Assurance Surveillance Plan (QASP). The Government at any time may change their QASP.

B. Acceptance. Acceptance of the work under the contract will be made after work has been completed and the Contracting Officer has made the determination of satisfactory compliance with the specifications.

C. Rework and Reinspection After Rework. When inspections indicates that the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection. The cost to the Government for inspections necessitated by the rework will be deducted from any payments to the Contractor.

Designation of Contracting Officer's Representative (COR)

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award. COR is also referred as Contracting Officer’s Technical Representative (COTR).

B. 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 a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. 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 assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting

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

E. The COR's major duties and responsibilities are contained in the Forest Service Handbook of Contract

Administration. The COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

Colville National Forest Page 23

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

Notification of Subcontracting

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement.

The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

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

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

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

Pre-Work Conference

The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression plans (reference clause AGAR 452.215-73. Post

Award Conference.

Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

FSAR 4G52.222-704 Personal Protective Equipment (FEB 2007)

The Contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

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…