AG-32SD-S-14-0002_B-M_REV_2_19_2014.pdf
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- AG-32SD-S-14-0002
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Solicitation No. AG-32SD-S-14-0002
Revision #1, 2/19/2014
PART I – THE SCHEDULE
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCOPE OF THE CONTRACT
The Contractor shall furnish to the United States Department of Agriculture (USDA), Agricultural Research Service (ARS) all necessary staff, supplies, materials, and equipment to provide facilities operations and maintenance support services for the Western Regional Research Center (WRRC) in accordance with the terms, conditions, and the Performance Work Statement
(PWS).
B.1.1 ROUTINE WORK (FIRM-FIXED PRICE)
Routine work is all work that is defined in the PWS to be done on a scheduled or regular basis.
Routine services include all labor, supplies, materials, equipment, and subcontracts deemed necessary to perform the requirements of the PWS.
B.1.2 ADDITIONAL WORK (Indefinite Delivery/Indefinite Quantity (ID/IQ))
Additional work is defined in Section G.4.
B.2 PRICE SCHEDULE
The Government will pay the contractor in accordance with the following:
B.2.1 TRANSITION PERIOD
JUNE 1, 2014 – JUNE 30, 2014 (1 month)
Contract Line Item
Number
(CLIN)
Labor Category
Quantity
Unit
Unit Price
Extended Price
001 Transition Period 1 Month $ $
B.2.1 (a) BASE PERIOD ROUTINE WORK
July 1, 2014 – September 30, 2014 (3 months)
Item
002 Base Period Routine Work 3 Months $ $
B.2.1 (b) BASE PERIOD ADDITIONAL WORK-“SERVICE CONTRACT ACT”
The hours listed are estimates and are for evaluation purposes only. The actual hours may vary.
The USDA does not guarantee a specific volume of work/hours.
Contract Line Item
ADDITIONAL WORK/SERVICE CONTRACT ACT (SCA)
002 (A) Janitor 10,4002,595 Est.
Hrs
002 (B) Service Order Dispatcher 2,080519 Est.
Hrs
002 (C) Receptionist 2,080519 Est.
Hrs
002 (D) Ship/Receiving/Mail Clerk 2,080519 Est.
002 (E) General Clerk II/Office/Veh 1,690423 Est.
TOTAL ESTIMATED SERVICE CONTRACT ACT ADDITIONAL
WORK – Base Period – July 1, 2014 – September 30, 2014
B.2.1 (c) BASE PERIOD ADDITIONAL WORK-“DAVIS BACON ACT”
Contract Line Item
002 ADDITIONAL WORK/DAVIS-BACON ACT
002 (F) Maintenance Mechanic 2,080519 Est. Hrs $ $
002 (G) General Maintenance Worker
2,080519 Est. Hrs $ $
002 (H) Carpenter/Painter 2,080519 Est. Hrs $ $
002 (I) Laborer 2,080519 Est. Hrs $ $
002 (J) Boiler Tender 3,120780 Est. Hrs $ $
002 (K) HVAC/R Mechanic 4,1601038 Est. Hrs $ $
002 (L) Electrician 4,1601038 Est. Hrs $ $
002 (M) Electrician/Telecomm Tech 2,080519 Est. Hrs $ $
TOTAL ESTIMATED DAVIS-BACON ACT ADDITIONAL WORK $
TOTAL ESTIMATED PRICE FOR TRANSITION PERIOD, ROUTINE WORK, SERVICE CONTRACT ACT
AND DAVIS-BACON ACT -
July 1, 2014 – September 30, 2014Base Period - $ __________________________
B.2.2 (a) OPTION PERIOD I ROUTINE WORK October 1, 2014 – September 30, 2015 (1 Year)
Item
003 Option Period I Routine Work
1 Year $ $
B.2.2 (b) OPTION PERIOD I ADDITIONAL WORK-“SERVICE CONTRACT ACT”
The hours listed are estimates and are for evaluation purposes only. The actual hours may vary.
The USDA does not guarantee a specific volume of work/hours.
Contract Line Item
003 (A) Janitor 10,400 Est. Hrs $ $
003 (B) Service Order Dispatcher 2,080 Est. Hrs $ $
003 (C) Receptionist 2,080 Est. Hrs $ $
003 (D) Ship/Receiving/Mail Clerk 2,080 Est. Hrs $ $
003 (E) General Clerk II/Office/Veh 1,690 Est. Hrs $ $
TOTAL ESTIMATED SERVICE CONTRACT ACT ADDITIONAL
WORK – Option Period I – October 1, 2014 – September 30, 2015
B.2.2 (c) OPTION PERIOD I ADDITIONAL WORK-“DAVIS BACON ACT”
Item
003 ADDITIONAL WORK/DAVIS-BACON ACT
003 (F) Maintenance Mechanic 2,080 Est. Hrs $ $
003 (G) General Maintenance Worker
2,080 Est. Hrs $ $
003 (H) Carpenter/Painter 2,080 Est. Hrs $ $
003 (I) Laborer 2,080 Est. Hrs $ $
003 (J) Boiler Tender 3,120 Est. Hrs $ $
003 (K) HVAC/R Mechanic 4,160 Est. Hrs $ $
003 (L) Electrician 4,160 Est. Hrs $ $
003 (M) Electrician/Telecomm Tech 2,080 Est. Hrs $ $
TOTAL ESTIMATED PRICE FOR SERVICE CONTRACT ACT AND DAVIS-BACON ACT -
October 1, 2014 – September 30, 2015Option Period I - $ __________________________
B.2.3 (a) OPTION PERIOD II ROUTINE WORK
October 1, 2015 – September 30, 2016 (1 Year)
Item
004 Option Period II Routine
B.2.3 (b) OPTION PERIOD II ADDITIONAL WORK-“SERVICE CONTRACT ACT”
Item
004 (A) Janitor 10,400 Est. Hrs $ $
004 (B) Service Order Dispatcher 2,080 Est. Hrs $ $
004 (C) Receptionist 2,080 Est. Hrs $ $
004 (D) Ship/Receiving/Mail Clerk 2,080 Est. Hrs $ $
004 (E) General Clerk II/Office/Veh 1,690 Est. Hrs $ $
TOTAL ESTIMATED SERVICE CONTRACT ACT ADDITIONAL
WORK – Option Period II – October 1, 2015 – September 30, 2016
B.2.3 (c) OPTION PERIOD II ADDITIONAL WORK-“DAVIS BACON ACT”
Contract Line Item
004 ADDITIONAL WORK/DAVIS-BACON ACT
004 (F) Maintenance Mechanic 2,080 Est. Hrs $ $
004 (G) General Maintenance Worker
2,080 Est. Hrs $ $
004 (H) Carpenter/Painter 2,080 Est. Hrs $ $
004 (I) Laborer 2,080 Est. Hrs $ $
004 (J) Boiler Tender 3,120 Est. Hrs $ $
004 (K) HVAC/R Mechanic 4,160 Est. Hrs $ $
004 (L) Electrician 4,160 Est. Hrs $ $
004 (M) Electrician/Telecomm Tech 2,080 Est. Hrs $ $
TOTAL ESTIMATED PRICE FOR SERVICE CONTRACT ACT AND DAVIS-BACON ACT –
October 1, 2015 – September 30, 2016Option Period II – $ __________________________
B.2.4 (a) OPTION PERIOD III ROUTINE WORK
October 1, 2016 – September 30, 2017 (1 Year)
Item
005 Option Period III Routine
B.2.4 (b) OPTION PERIOD III ADDITIONAL WORK-“SERVICE CONTRACT ACT”
Contract Line Item
005 (A) Janitor 10,400 Est. Hrs $ $
005 (B) Service Order Dispatcher 2,080 Est. Hrs $ $
005 (C) Receptionist 2,080 Est. Hrs $ $
005 (D) Ship/Receiving/Mail Clerk 2,080 Est. Hrs $ $
005 (E) General Clerk II/Office/Veh 1,690 Est. Hrs $ $
TOTAL ESTIMATED SERVICE CONTRACT ACT ADDITIONAL
WORK – Option Period III – October 1, 2016 – September 30, 2017
B.2.4 (c) OPTION PERIOD III ADDITIONAL WORK-“DAVIS BACON ACT”
Item
005 ADDITIONAL WORK/DAVIS-BACON ACT
005 (F) Maintenance Mechanic 2,080 Est. Hrs $ $
005 (G) General Maintenance Worker
2,080 Est. Hrs $ $
005 (H) Carpenter/Painter 2,080 Est. Hrs $ $
005 (I) Laborer 2,080 Est. Hrs $ $
005 (J) Boiler Tender 3,120 Est. Hrs $ $
005 (K) HVAC/R Mechanic 4,160 Est. Hrs $ $
005 (L) Electrician 4,160 Est. Hrs $ $
005 (M) Electrician/Telecomm Tech 2,080 Est. Hrs $ $
October 1, 2016 – September 30, 2017 Option Period III - $ __________________________
B.2.5 (a) OPTION PERIOD IV ROUTINE WORK
October 1, 2017 – September 30, 2018 (1 Year)
Item
006 Option Period IV Routine
B.2.5 (b) OPTION PERIOD IV ADDITIONAL WORK-“SERVICE CONTRACT ACT”
Contract Line Item
006 (A) Janitor 10,400 Est. Hrs $ $
006 (B) Service Order Dispatcher 2,080 Est. Hrs $ $
006 (C) Receptionist 2,080 Est. Hrs $ $
006 (D) Ship/Receiving/Mail Clerk 2,080 Est. Hrs $ $
006 (E) General Clerk II/Office/Veh 1,690 Est. Hrs $ $
TOTAL ESTIMATED SERVICE CONTRACT ACT ADDITIONAL
WORK – Option Period IV – October 1, 2017 – September 30, 2018
B.2.5 (c) OPTION PERIOD IV ADDITIONAL WORK-“DAVIS BACON ACT”
Item
006 ADDITIONAL WORK/DAVIS-BACON ACT
006 (F) Maintenance Mechanic 2,080 Est. Hrs $ $
006 (G) General Maintenance Worker
2,080 Est. Hrs $ $
006 (H) Carpenter/Painter 2,080 Est. Hrs $ $
006 (I) Laborer 2,080 Est. Hrs $ $
006 (J) Boiler Tender 3,120 Est. Hrs $ $
006 (K) HVAC/R Mechanic 4,160 Est. Hrs $ $
006 (L) Electrician 4,160 Est. Hrs $ $
006 (M) Electrician/Telecomm Tech 2,080 Est. Hrs $ $
October 1, 2017 – September 30, 2018Option Period IV - $ __________________________
B.3 TOTAL CONTRACT VALUE
The total contract value is the sum of the firm-fixed price value for routine work and the total potential value (i.e., ceiling) for the additional work price. The total firm-fixed price includes pricing for routine work for the transition and base periods and each option period. The total potential ID/IQ value includes the estimated pricing for additional work for the base period and each option period.
ROUTINE WORK
ROUTINE WORK
TRANSITION PERIOD – FIRM-FIXED PRICE
June 1, 2014 – June 30, 2014
BASE PERIOD – FIRM-FIXED PRICE
July 1, 2014 – September 30, 2014
OPTION PERIOD I – FIRM-FIXED PRICE
OPTION PERIOD II- FIRM-FIXED PRICE
OPTION PERIOD III – FIRM-FIXED PRICE
OPTION PERIOD IV – FIRM-FIXED PRICE
TOTAL ROUTINE WORK $________________________
ADDITIONAL WORK FOR SERVICE CONTRACT ACT AND DAVIS BACON ACT
ADDITIONAL WORK – ESTIMATED PRICE
BASE PERIOD – FIRM-FIXEDESTIMATED PRICE
JuneJuly 1, 2014 – September 30, 2014
OPTION PERIOD I – FIRM-FIXEDESTIMATED
PRICE
OPTION PERIOD II- FIRM-FIXEDESTIMATED
OPTION PERIOD III – FIRM-FIXEDESTIMATED
OPTION PERIOD IV – FIRM-FIXEDESTIMATED
TOTAL ESTIMATED CONTRACT VALUE *
Routine & Additional Work – Transition, Base and all Option Periods
B.4 OVERTIME RATE
If overtime is proposed for any additional work, it will be paid at a rate of one and a half times the DOL Labor Wage rate. The Contractor shall obtain Administrative Contracting Officer (ACO) approval for overtime in advance of working.
B.5 ADJUSTMENTS RESULTING FROM DEPARTMENT OF LABOR WAGE
DETERMINATION REVISIONS
Annually, the Government shall provide the Contractor with Department of Labor Wage Determinations. Any future adjustments for option periods will be calculated based on the labor mix of the employees at time of award.
SECTION C – PREFORMANCE WORK STATEMENT
C.1 STATEMENT OF WORK/SPECIFICATIONS
(AGAR 452.211-72 ) (FEB 1988)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified, to perform the Performance Work Statement referenced in Section J.
C.2 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS
(AGAR 452.211-73) (FEB 1988)
The attachments to the Performance Work Statement listed in Section J are hereby made a part of this solicitation and any resultant contract.
SECTION D – PACKAGING AND MARKING
D.1 MARKING DELIVERABLES
(AGAR 452.247-71) (FEB 1988)
(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items call for by the contract.
(b) Mark deliverables, except for reports, for:
United States Department of Agriculture
Agricultural Research Service Western Regional Research Center (WRRC)
Attn: Clarice Dixson 800 Buchanan Street Albany, California 94710
SECTION E – INSPECTION AND ACCEPTANCE
E.1 CLAUSES INCORPORATED BY REFERENCE
(FAR 52.252-2) (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 Procuring Contracting Officer (PCO) or Administrative Contracting Officer (ACO) will make their full text available. Also, the full text of a clause may be accessed electronically at this address:
http://www.acquisition.gov/far/index.html
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
NUMBER TITLE DATE
52.246-2 INSPECTION OF SUPPLIES FIXED-PRICE AUG 1996
52.246-4 INSPECTION OF SERVICES FIXED-PRICE AUG 1996
52.246-6 INSPECTION-TIME-AND-MATERIAL AND
LABOR-HOUR MAY 2001
52.246-12 INSPECTION OF CONSTRUCTION AUG 1996
52.246-13 INSPECTION-DISMANTLING, DEMOLITION, OR
REMOVAL OF IMPROVEMENTS AUG 1996
52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984
E.2 INSPECTION AND ACCEPTANCE
(AGAR 452.246-70) (FEB 1988)
(a) The ACO, identified in Section G.2(b), or their duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance shall be performed at:
United States Department of Agriculture
Agricultural Research Service Western Regional Research Center (WRRC)
800 Buchanan Street
SECTION F – DELIVERIES OR PERFORMANCE
F.1 CLAUSES INCORPORATED BY REFERENCE
if they were given in full text. Upon request, the PCO or ACO will make their full text available.
Also, the full text of a clause may be accessed electronically at this address:
http://www.acquisition.gov/far/index.html
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
NUMBER TITLE DATE
52.242-15 STOP-WORK ORDER AUG 1989
52.242-17 GOVERNMENT DELAY OF WORK APR 1984
F.2 PERIOD OF PERFORMANCE
(AGAR 452.211-74) (FEB 1998)
The effective period of performance of this contract will be from June 1, 2014 through May 31, 2019September 30, 2018.
The contract contains one one-month transition period, one four-month base period and four one-year option periods.
Transition Period June 1, 2014 – June 30, 2014
Base Period July 1, 2014 – September 30, 2014
Option Period I October 1, 2014 – September 30, 2015
Option Period II October 1, 2015 – September 30, 2016
Option Period III October 1, 2016 – September 30, 2017
Option Period IV October 1, 2017 – September 30, 2018
F.3 REPORTING REQUIREMENTS
The Contractor shall provide the required reports referenced in Appendix 11 of the PWS to the ACO by the specified due dates. ACO contact information can be found in Section G.2(b).
F.4 PLACE OF PERFORMANCE
The principal work under this contract shall be performed at the following locations:
United States Department of Agriculture (USDA) Agriculture Research Services Western Regional Research Center (WRRC)
SECTION G – CONTRACT ADMINISTRATION DATA
G.1 CLAUSES INCORPORATED BY REFERENCE
(FAR 52.252-2) (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 PCO or ACO will make their full text available.
Also, the full text of a clause may be accessed electronically at this address:
http://www.acquisition.gov/far/index.html
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
NUMBER TITLE DATE
52.232-33 PAYMENT BY ELECTRONIC FUNDS
TRANSFER – SYSTEM FOR AWARD
MANAGEMENT JUL 2013
G.2 CONTRACT ADMINISTRATION
The PCO is the only person authorized to approve any change in the scope of work of this contract. The authority remains solely with the PCO. In the event the Contractor effects any changes at the direction of any person other than the PCO, the changes will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE incurred as a result thereof.
(a) Procuring Contracting Officer (PCO):
Name: Jessica McDonagh Address: USDA/ARS/AFM/WBSC/AB 5601 Sunnyside Ave., Mailstop 5123 Beltsville, MD 20705-5000 Email: Jessica.McDonagh@ars.usda.gov Phone: (301) 504-3270 mailto:Jessica.McDonagh@ars.usda.gov
(b) Administrative Contracting Officer (ACO):
Name: Clarice Dixson Address: United States Department of Agriculture (USDA)
Agriculture Research Services Western Regional Research Center (WRRC) 800 Buchanan Street
Albany, California 94710 Email: Clarice.Dixson@ars.usda.gov Phone: (510) 559-6027 Fax: (510) 559-5638
(c) Contract Administrator (CA):
Name: Jessica McDonagh Address: USDA/ARS/AFM/WBSC/AB 5601 Sunnyside Avenue, Mail Stop 5123 Beltsville, Maryland 20705-5000 Email: Jessica.McDonagh@ars.usda.gov Phone: (301) 504-3270
(d) Contractor’s Point of Contract (POC):
Inserted at Time of Award
Name:
Telephone Number:
G.3 DELEGATION OF AUTHORITY FOR CONTRACT ADMINISTRATION
The Administrative Contracting Officer (ACO) is hereby designated by the Contracting Officer (CO) to act as the authorized Government agent that oversees Contractor performance in accordance with the terms and conditions of the contract. The authority of the ACO shall not exceed:
$25,000.00 for issuance of individual Service/Supply Orders
$25,000.00 for issuance of individual Construction Orders mailto:Clarice.Dixson@ars.usda.gov
G.4 ADDITIONAL WORK
Additional work is defined as work that is not part of the routine work for operations and maintenance support for the Center. Specific work or tasks are work within the scope of the contract but may not be part of the day to day operations and is to be defined in accordance with the Performance Work Statement.
Prior to starting any work the contractor shall receive a written order signed by a duly authorized Contracting Officer. The Contractor shall submit a proposal outlining the work to be done to the ACO, including a tentative start date and indicating the number of days to complete the work. The proposal shall also identify the methods, equipment and material to be used and the number of hours and wage rate per craft, using the fully burdened rates in Section B, to complete the work. The ACO shall execute an order prior to the commencement of any additional work.
If any other direct prices (for example, materials) are involved in performance of this work, they shall be priced out separately when submitting proposals to the ACO. If work is of such urgency that it cannot be negotiated and awarded in a timely manner, the contractor shall notify the ACO immediately.
The ACO will determine whether the additional work shall be performed. An order will be issued for approved work citing funding or supplemental funding, and payment will be processed upon completion by Government Purchase Card, or by invoice as described in Section G.5.
G.5 INVOICE PREPARATION
(a) Based on acceptance of the required contract deliverables, the contractor shall submit properly prepared invoices monthly to the ACO identified in Section G.2.B.
Simultaneously, an informational copy of the invoice shall be provided electronically to the CA identified in Section G.2.C.
Each invoice shall reflect the monthly fixed price for each functional area. Additional work shall be invoiced separately on a monthly basis after acceptance of the work by the Government and shall include the work order number and delivery order number.
(b) The Contractor shall, at a minimum, include the following information to comply with the proper invoice submission procedures identified in FAR 32.9:
1. Name of business concern, invoice number and date
2. A point of contact and telephone number
3. Contract/order number
4. Number of hours and/or deliverable(s) (if applicable)
5. Month/and or dates the services were provided.
6. Prices in accordance with Section B.2, Price Schedule
NOTE: INVOICES THAT DO NOT CONTAIN ALL PROPER INFORMATION DESCRIBED ABOVE WILL
BE RETURNED TO THE CONTRACTOR FOR CORRECTION, RE-DATING OF INVOICE, AND RE-
SUBMISSION FOR PAYMENT.
G.6 GOVERNMENT PROPERTY
The Contractor is authorized to use the Government property and materials as detailed in Appendix 8 of the Performance Work Statement (PWS).
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 POST AWARD CONFERENCE
(AGAR 452.215-73) (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled within 21 days after the date of contract award. The conference will be held at:
United States Department of Agriculture
Agricultural Research Service Western Regional Research Center
Albany, CA 94710
H.2 CONFIDENTIALITY OF INFORMATION
(AGAR 452.224-70) (FEB 1988)
(a) Confidential information, as used in this clause, means (1) information or data of a personal nature proprietary about an individual, or (2) information of data submitted by or pertaining to an institution or organization.
(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.
(c) The Procuring Contracting Officer (PCO) and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract.
(d) It is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.
(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without prior written consent of the individual, institution or organization.
(f) Written advance notice of at least 45 days will be provided to the Contracting
Officer of the Contractor’s intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the Contractor may proceed with disclosure.
(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.
(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.
H.3 INSURANCE COVERAGE (Alternate 1-$500,000 per Occurrence)
(AGAR 452.228-71) (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 worker’s compensation and occupational disease statutes. If occupational diseases are not compressible 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 the comprehensive form of policy of at least $500,000 per occurrence.
(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the 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 $0 per other than passenger damage. Coverage for passenger liability bodily injury shall be at least $0 multiplied by the number of seats or passengers, whichever is greater.
H.4 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION
(AGAR 452.236-74) (NOV 1996)
(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).
(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.
(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.
H.5 KEY PERSONNEL
(AGAR 452.237-74) (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel who will manage performance and supervise the work under this contract.
Project Manager: __________________________
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the ACO within fifteen (15) calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial
90-day period, the Contractor shall submit the information required by paragraph (c) to the ACO at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
H.6 RESTRICTIONS AGAINST DISCLOSURE
(AGAR 452.237-75) (FEB 1988)
(a) The Contractor agrees, in the performance of this contract to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor’s possession, to those employees needing such information to perform the work provided herein, i.e., on a “need to know” basis. The Contractor agrees to immediately n notify in writing the ACO, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.
(b) The Contractor agrees not to disclose any information concerning work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.
PART II – CONTRACT CLUSES
SECTION I – CONTRACT CLAUSES
I.1 CLAUSES INCORPORATED BY REFERENCE
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 PCO or ACO will make their full text available.
Also, the full text of a clause may be accessed electronically at this address:
http://www.acquisition.gov/far/
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
NUMBER TITLE DATE
52.202-1 DEFINITIONS NOV 2013
52.203-3 GRATUITIES APR 1984
52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TOTHE
GOVERNMENT SEP 2006
52.203-7 ANTI-KICKBACK PROCEDURES OCT 2010
52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY JAN 1997
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER
ACTIVITY JAN 1997
52.203-12 LIMITATION ON PAYMENTS TO IINFLUENCE CERTAIN
FEDERAL TRANSACTIONS OCT 2010
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER
FIBER CONTENT PAPER MAY 2011
52.204-7 SYSTEM FOR AWARD MANAGEMENT JUL 2013
52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY
OR SERVICES OCT 2008
52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT AUG 2013
52.215-2 AUDIT AND RECORDS – NEGOTIATION OCT 2010
52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT OCT 1997
52.215-14 INTEGRITY OF UNIT PRICES OCT 2010
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997
52.217-8 OPTION TO EXTEND SERVICES NOV 1999
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2011
http://www.acquisition.gov/far/
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JUL 2013
52.219-14 LIMITATIONS ON SUBCONTRACTING NOV 2011
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES FEB 1997
52.222-3 CONVICT LABOR JUN 2003
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT –
OVERTIME COMPENSATION JUL 2005
52.222-6 DAVIS-BACON ACT JUL 2005
52-222-7 WITHHOLDING OF FUNDS FEB 1988
52.222-8 PAYROLLS AND BASIC RECORDS JUN 2010
52.222-9 APPRENTICES AND TRAINEES JUL 2005
52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988
52.222-11 SUBCONTRACTS (LABOR STANDARDS) JUL 2005
52.222-12 CONTRACT TERMINATION – DEBARMENT FEB 1988
52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED
ACT REGULATIONS FEB 1988
52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988
52.222-15 CERTIFICATION OF ELEGIBILITY FEB 1988
52.222-16 APPROVAL OF WAGE RATES FEB 1988
52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999
52.222-26 EQUAL OPPORTUNITY MAR 2007
52.222-32 DAVIS-BACON ACT – PRICE ADJUSTMENT
(ACTUAL METHOD) DEC 2001
52.222-35 EQUAL OPPORTUNITY FOR VETERANS SEP 2010
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES OCT 2010
52.222-37 EMPLOYMENT REPORTS ON VETERANS SEP 2010
52.222-41 SERVICE CONTRACT ACT OF 1965 NOV 2007
52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT
– PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION
CONTRACTS) SEP 2009
52.223-1 BIOBASED PRODUCT CERTIFICATION MAY 2012
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS
UNDER SERVICE AND CONSTRUCTION CONTRACTS SEP 2013
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL
SAFETY DATA JAN 1997
52.223-5 POLLUTION PREVENTION AND RIGHT- TO-KNOW
INFORMATION MAY 2011
52.223-6 DRUG-FREE WORKPLACE MAY 2001
52.223-10 WASTE REDUCTION PROGRAM MAY 2011
52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS MAY 1995
52.223-15 ENERGY EFFICIENCY IN ENERGY- CONSUMING PRODUCTS DEC 2007
52.223-16 IEEE 1680 STANDARD FOR THE ENVIRONMENTAL
ASSESSMENT OF PERSONAL COMPUTER PRODUCTS DEC 2007
52.223-17 AFFIRMATIVE PROCUREMENT OF EPA- DESIGNATED
ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS MAY 2008
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT
MESSAGING WHILE DRIVING AUG 2011
52.224-1 PRIVACY ACT NOTIFICATION APR 1984
52.224-2 PRIVACY ACT APR 1984
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008
52.227-1 AUTHORIZATION AND CONSENT DEC 2007
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND
COPYRIGHT INFRINGEMENT DEC 2007
52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) JUN 1987
52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION JAN 1997
52.228-7 INSURANCE – LIABILITY TO THIRD PERSONS MAR 1996
52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013
52.232-1 PAYMENTS APR 1984
52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND
LABOR-HOUR CONTRACTS AUG 2012
52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002
52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984
52.232-11 EXTRAS APR 1984
52.232-17 INTEREST OCT 2010
52.232-18 AVAILABILITY OF FUNDS APR 1984
52.232-23 ASSIGNMENT OF CLAIMS JAN 1986
52.232-25 PROMPT PAYMENT JUL 2013
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS JUL 2013
52.232-36 PAYMENT BY THIRD PARTY JUL 2013
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS DEC 2013
52.233-1 DISPUTES JUL 2002
52.233-3 PROTEST AFTER AWARD AUG 1996
52.236-2 DIFFERING SITE CONDITIONS APR 1984
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING
THE WORK APR 1984
52.236-4 PHYSICAL DATA APR 1984
52.236-5 MATERIAL AND WORKMANSHIP APR 1984
52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984
52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991
52.236-8 OTHER CONTRACTS APR 1984
52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,
EQUIPMENT, UTILITIES AND IMPROVEMENTS APR 1984
52.236-10 OPERATIONS AND STORAGE AREAS APR 1984
52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984
52.236-12 CLEANING UP APR 1984
52.236-13 ACCIDENT PREVENTION NOV 1991
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT,
AND VEGETATION APR 1984
52.237-3 CONTINUITY OF SERVICES JAN 1991
52.239-1 PRIVACY OR SECURITY SAFEGUARDS AUG 1996
52.242-13 BANKRUPTCY JUL 1995
52.243-1 CHANGES-FIXED PRICE (ALTERNATE 1 APR 1984) AUG 1987
52.243-3 CHANGES – TIME-AND-MATERIALS OR LABOR-HOURS SEPT 2000
52.244-2 SUBCONTRACTS OCT 2010
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996
52.245-1 GOVERNMENT PROPERTY APR 2012
52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION
SERVICES APR 2012
52.246-20 WARRANTY OF SERVICES MAY 2001
52.246-21 WARRANTY OF CONSTRUCTION MAR 1994
52.246-25 LIMITATION OF LIABILITY – SERVICES FEB 1997
52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR
PROPERTY DAMAGE APR 1984
52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT FEB 2006
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
(FIXED-PRICE) APR 2012
52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR 1984
52.249-14 EXCUSABLE DELAYS APR 1984
52.251-1 GOVERNMENT SUPPLY SOURCES APR 2012
52.251-2 INTERAGENCY FLEET MANAGEMENT SYSTEM VEHICLES
AND RELATED SERVICES JAN 1991
52.253-1 COMPUTER GENERATED FORMS JAN 1991
EO 13495 NONDISPLACEMENT OF QUALIFIED WORKERS
UNDER SERVICE CONTRACTS JAN 2009
I.2. ORDERING
(FAR 52.216-18) (OCT 1995) Applies to Additional Work
(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 of the contract.
(b) All delivery orders or task orders are subject to the terms and conditions of the contract. In the event of conflict between a delivery order or task 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.
I.3 ORDER LIMITATIONS
(FAR 52.216-19) (OCT 1995) Applies to Additional Work
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,5,000, 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 any order in excess of $25,000.
I.4 MINIMUM AND MAXIMUM CONTRACT AMOUNTS
(AGAR 452.216-73) (FEB 1988) Applies to Additional Work
During the period specified in FAR 52.216-18, Ordering, the Government shall place orders totaling a minimum of $150,0002,500, but not in excess of $500,000500,000.
I.5 INDEFINITE QUANTITY
(FAR 52.216-22) (OCT 1995) Applies to Additional Work
(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 or services specified in the Schedule are estimates only and are not purchased by the 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 or orders that maybe 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 contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December 31, 2016.
I.6 OPTION TO EXTEND SERVICES
(FAR 52.217-8) (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 1 YEAR. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
I.7 OPTION TO EXTEND THE TERM OF THE CONTRACT
(FAR 52.217-9) (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 YEARS.
I.8 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
(FAR 52.222-42) (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: It is not a Wage Determination
Employee class Monetary wage – Fringe benefits Boiler Operator WG-10 Electrician WG-10 HVAC Mechanic WG-10 Carpenter WG-09 Painter WG-09 Laborer WG-03
I.9 NOTICE OF RADIOACTIVE MATERIALS
(FAR 52.223-7) (JAN 1997)
(a) The Contractor shall notify the Contracting Officer or designee, in writing, 30 days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1)radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).
* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).
(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall—
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and
(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.
(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.
I.10 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-
DESIGNATED PRODUCTS
(FAR 52.223-9) (MAY 2008)
(a) Definitions. As used in this clause – “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”
“Recovered material” means waste materials and by-products recovered or by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall—
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to the ACO.
I.11 OZONE-DEPLETING SUBSTANCES
(FAR 52.223-11) (MAY 2001)
(a) Definition. “Ozone-depleting substance,” as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as—
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and
(d) and 40 CFR Part 82, Subpart E, as follows: Warning Contains (or manufactured with, if applicable) *, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
* The Contractor shall insert the name of the substance(s).
I.12 SUBCONTRACTS FOR COMMERCIAL ITEMS
(FAR 52.244-6) (JUL 2013)
(a) Definitions. As used in this clause—
“Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.
“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.
(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212(a));
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
(ix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;
10 U.S.C. 2302 Note).
(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64).
(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(c) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.
I.13 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS
FOR CORPORATE APPLICANTS
(AGAR 452.209-71)
(a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 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 or State 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, Agricultural Research Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.
PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J – LIST OF ATTACHMENTS
ATTACHMENT NO. ATTACHMENT TITLE NUMBER OF PAGES
1 Performance Work Statement 31
Appendix 1 – Glossary 5 Appendix 2 – WRRC Area Map 1 Appendix 3a – Workload Data for
Additional Work
Appendix 3b – Workload Data for Routine Work
Appendix 4 – Historical Subcontracted Work
Appendix 5 – Facility Inventory 20 Appendix 6 – Preventive Maintenance
Equipment List
Appendix 7 – PM Task Master List 31 Appendix 8 – Government Furnished
Property/Equipment
Appendix 9 – Government Vehicle List 2 Appendix 10 – Equipment Test/Certification
List
Appendix 11 – List of Required Reports 2 Appendix 12 – Quality Assurance
Surveillance Plan
2 Service Contract Act Wage Determination
WD 05-2051, 6/19/2013
3 Davis Bacon Act Wage Determination
WD CA29, 1/24/2014
PART IV – REPRESENTATIONS AND INSTRUCTIONS
SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFERORS
K.1 CLAUSES INCORPORATED BY REFERENCE
if they were given in full text. Upon request, the PCO or ACO will make their full text available.
Also, the full text of a clause may be accessed electronically at this address:
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
NONE
K.2 COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS
(52.222-38) (SEP 2010)
By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition
Regulation clause 52.222-37, Employment Reports on Veterans), it has submitted the most recent VETS-100A Report required by that clause.
http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.acquisition.gov/far/current/html/52_222.html#wp1148123
K.3 AUTHORIZED NEGOTIATORS
The Offeror shall identify those persons authorized to negotiate under the resultant contract:
Name Title
Name Title
SIGNATURE DATE
K.4 ANNUAL REPRESENTATION AND CERTIFICATIONS
(FAR 52.204-8) (JUL 2013)
a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561210.
(2) The small business size standard is $35.5 MILLION
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be…
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