AG-4660-S-13-0010RTPNC_Yardl_Contract 2 .doc

Research Triangle Park, NC GROUNDS MAINT

AG-4660-S-13-0010

USDA Forest Service - Savannah River

25 March 4:00 P.M

FOB DESTINATION

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UNRESTRICTED

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SET ASIDE: 100 % FOR

MARKED

SMALL BUSINESS

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SEE SCHEDULE

HUBZONE SMALL

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

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8(A) 13b. RATING

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

USDA Forest Service – Savannah River

1-mile inside Aiken barricade, SRS, Bldg. 760-15G

Aiken, SC 29802

16. ADMINISTERED BY CODE

USDA Forest Service-EAZ Acquisition Management

P. O. Box 700

New Ellenton, SC 29809

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA, OCFO, COD, APB

P. O. Box 600075

New Orleans, Louisiana 70160

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

See Page 3

VENDOR MUST BE REGISTERED IN SAM (WWW.SAM.GOV) TO BE AWARDED ANY RESULTING CONTRACT (REFER TO FAR 52.204-7 & ATTACHMENT 5)

DUNS #__________________ CAGE CODE _____________________

Tax ID # _________________ Offerors planning to attend the Site Visit conference on 20 March 2013, must contact Jean Beck (919) ) 549-4002 jlbeck@fs.fed.us before 13 March 2013 (Refer To-Page 37 )

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

25. ACCOUNTING AND APPROPRIATION DATA

To be cited on each task order

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

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.4/2002)

PREVIOUS EDITION IS NOT USABLE

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

INDEX:

SCHEDULE OF ITEM, Pages3-7

ATTACHMENT 1, STATEMENT OF WORK PAGE 5-10

EXHIBIT 1-, Page 11

EXHIBIT 2-, Page 12 CONTRACT CLAUSES, Pages 14-28 CONTRACT EXHIBIT A – CONTRACT ADMINISTRATION DATA, Pages 29-31 SOLICITATION PROVISIONS. Pages 32-48 ATTACHMENT 2, MAP OF RTP GROUNDS, 1 Page

ATTACHMENT 3, Wage Determination No. 1975-0208, revision 39, dated 16 June 2012, 9 pages

ATTACHMENT 4, SAM Registration and Requirements 1 page ATTACHMENT 5, Past Performance Questionnaire, 2 Pages

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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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

CORRECTFOR

|PARTIAL | |FINAL

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COMPLETE FORMCHECKBOX

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FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.4/2002) BACK

Period of Performance: April 1, 2013 through December 31, 2013

Option Years: January 1, 2014 through December 31, 2014

January 1, 2015 through December 31, 2015

January 1, 2016 through December 31, 2016

SCHEDULE OF ITEMS

SERVICES NONPERSONAL: This contract requires grounds maintenance for the Forestry Sciences Laboratory located at 3041 Cornwallis Road, Research Triangle Park, NC in compliance with its terms, provisions, performance work statement, and any attachments. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

BASE PERIOD (1 April 2013 or date of contract award whichever is later – 31 Dec 2013)

Issue Unit

Price Extended

Amount

(Summer)

Grounds Maintenance

(Winter)

Option I (1 Jan 2014 – 31 Dec 2014)

Issue Unit

Price Extended

Amount

(Summer)

(Winter)

TOTAL Option I

(Items 0002-0003)

Option II (1 Jan 2015 – 31 Dec 2015)

Issue Unit

Price Extended

Amount

(Summer)

(Winter)

TOTAL Option II

(Items 0004-0005)

Option III (1 Jan 2016 – 31 Dec 2016)

Issue Unit

Price Extended

Amount

(Summer)

(Winter)

TOTAL Option III

(Items 0006-0007)

Grand Total

(Items 0001-0007)

The summer months are considered April through November.

The winter months are considered December through March.

ATTACHMENT 1

PERFORMANCE WORK STATEMENT (PWS)

Grounds Maintenance – RTP

SECTION 1

1. GENERAL.

1.1. SCOPE OF WORK. Provide grounds maintenance in accordance with the standards defined in this Performance Work Statement (PWS) of this contract to ensure that grounds maintenance is performed in a manner that will maintain healthy grass, trees, shrubs, and plants and present a clean, neat and professional appearance. The contractor shall provide all personnel, equipment, labor, supervision, transportation, supplies and materials (including safety), and all other incidentals necessary to provide grounds maintenance services as described herein for Forest Service—Southern Research Station- SE Forestry Sciences Laboratory, 3041 Cornwallis Rd., RTP NC 2770 . The contractor shall perform to the standard in this contract. The grounds cover approximately 5 acres.

1.2 CONTRACTOR REPRESENTATIVE. The contractor shall designate a representative during performance of the contract and until the work is completed and accepted, the Contractor shall directly supervise the work or assign a competent superintendent to be at the work site at all times. The superintendent shall be designated in writing with a copy of such designation provided to the Contracting Officer prior to the contract start date. The superintendent must have authority to act for the Contractor, and be acceptable to the Contracting Officer. The contractor representative shall be available during normal working hours, at the site of work, with Government personnel designated by the contracting officer to discuss and resolve performance issues. The contractor representative shall have authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative must be able to read, write, speak, and understand English.

1.3 CONTRACTING OFFICER (CO). The Contracting Officer is a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The Contracting Officer can appoint representatives to act on their behalf.

1.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR)/INSPECTOR. COR(s) will be appointed to monitor contractor performance and have the right to inspect and accept or reject the services as required by the contract. The name and telephone number of each COR under the contract will be furnished to the contractor in writing by the contracting officer. The COR may appoint an inspector. Furthermore an inspector may only be appointed for the contract.

1.5 QUALITY CONTROL PLAN. The contractor shall develop and maintain a quality control program to ensure grounds maintenance services are performed in accordance with commonly accepted commercial practices and services identified in this PWS. The contractor shall develop and implement procedures to identify, prevent and ensure non-performance and continual repeat of defective services does not occur. A written Quality Control Plan shall be submitted to the contractor officer for review, feedback and approval. The plan shall be submitted no later than the pre-performance conference. The plan shall specifically address the contractor’s strategy to provide quality workmanship and for correcting deficiencies as required.

1.6 QUALITY ASSURANCE. The Government may inspect contract services using a variety of methods however, the primary means of inspecting all types of work is the periodic method. The Government shall inspect and evaluate the contractor’s performance to ensure services are received in accordance with the requirements set forth in the contract. The COR/INSPECTOR may inspect by watching actual task performance, physically checking a completed task, checking a management information report, investigating customer complaints, conferring with building occupants/managers, or any combination of the above, or otherwise inspecting the task or its results to determine whether or not performance meets the standards contained in this PWS.

1.6.1. Government Surveillance. The Government will monitor the contractor's performance under this contract using the method(s) of surveillance specified in the Performance Requirements Summary. The government, through it’s COR/INSPECTOR, will be monitoring the contractor’s performance on a continuous basis. All monitoring observations will be recorded by the government. When an observation indicates defective performance, the COR/INSPECTOR will request the contractor's representative to confirm defective work and perform corrective work. . The government will use perform a visual inspection of the contractor's inspection results. The contractor shall be required to rework the effort until the performance standard is achieved or a payment deduction could be taken

1.6.1.1 Surveillance Methods.

1.6.1.1.1 100% Surveillance: This methods required the COR/INSPECTOR to inspect the service each time it occurs. Any deficiency shall be documented and the contractor shall re-perform the service, if appropriate, at no increase in contract amount.

1.6.1.1.2 Periodic Surveillance. This method requires the COR/INSPECTOR to employ a “spot check” style of evaluation based on the contractor’s cleaning schedule. Any deficiency shall be documented and the contractor shall re-perform the service, if appropriate, at no increase in contract amount.

1.6.1.1.3 Customer Complaints. The COR/INSPECTOR will receive and investigate complaints. The COR/INSPECTOR shall be responsible for initially validating customer complaint. The Contracting Officer shall make the final determination of the validity of customer complaint’(s) in cases of disagreement with the COR/INSPECTOR and the contractor. Any validated customer complaint shall be documented and the contractor shall re-perform the service, if appropriate, at no increase in contract amount.

1.6.2. Performance Evaluation Meeting. The contract manager may be required to meet with the COR/INSPECTOR or others during the first month of the contract. Meetings shall be as often as necessary thereafter as determined by the contracting officer. However, if the contractor requests, a meeting will be held whenever a Contract Discrepancy Report is issued. The meetings shall focus on contractor performance and actual or potential problems. A mutual good faith effort shall be made by all parties to resolve all issues. The written minutes of these meetings shall be signed by the parties to the discussion. Should the contractor not concur with the minutes, the contractor shall so state any areas of non-concurrence in writing to the contracting officer within seven work days of receipt of the minutes.

1.7 PERFORMANCE REQUIREMENTS SUMMARY (PRS). The contract service requirements are summarized in the PRS and relate directly to required services. The performance standard briefly describes the minimally acceptable levels of service required for each item. The PRS and the Contractor’s Quality Control Plan provide information on contract requirements, the expected level of contractor performance and the expected method of Government surveillance and confirmation of services provided. Procedures as set forth in FAR 52.212-4(a) Contract Terms and Conditions – Commercial Items, Inspection/Acceptance, will be used to remedy all deficiencies.

1.8 SAFETY The Contractor shall ensure that all individuals to be assigned have any necessary special training prior to performing the required tasks or operating any equipment. The Contractor shall be responsible for ensuring that all individuals to be assigned have been thoroughly indoctrinated concerning safety as it relates to performing the required tasks, operating any equipment, inspections, use of any chemicals, preventive maintenance of equipment. The contractor will comply with OSHA regulations and any other special requirements or regulations required by the local, state, or federal codes or procedures implemented or recommended by the Contracting Officer, the COR, and/or inspector.

1.9 CONDUCT. All work under this contract shall be performed in a skillful and workmanlike manner. The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity, and shall be responsible for taking such disciplinary action with respect to the employee (s) as may be necessary. Alcohol and illegal drugs will not e allowed at any time on the premises. The Contractor shall remove from the site any individuals whose continued employment if deemed by the Contracting Officer to be contrary to public interest

1.10 HOURS OF OPERATION The contractor shall perform the services required under this contract during the following hours.

1.10.1 Normal Operations: Normal operation is Monday through Friday, 0800-1630, except for Federal Holidays.

1.10.2 Federal Holidays: The following is a list of Federal holidays observed by this location:

New Year’s Day, January 1

Martin Luther King’s Birthday, 3rd Monday in January

President’s Day, 3rd Monday in February

Memorial Day, last Monday in May

Independence Day, July 4th

Labor Day, First Monday in September

Columbus Day, 2nd Monday in October

Veteran’s Day, November 11 or the Friday preceding or Monday following

Thanksgiving Day, 4th Thursday in November

Christmas Day, December 25

1.10.3 Hours of Operation other than normal hours. There may be situations that require the contractor to work other than normal hours. One of these situations would be a weather emergency and may require work to be accomplished at times other than normal duty hours.

1.11 SCHEDULE. The contractor shall submit an annual schedule for services described in the PWS for approval at the pre-performance conference identifying the date and time services are to be performed. A fertilizer and lime application schedule shall also be provided to show compliance with manufacturer’s guidelines. The plan shall address weather contingencies. Any changes need to be coordinated with the COR/INSPECTOR and/or Contracting Officer.

1.13 PROTECTION OF PROPERTY The contractor shall take precautions to prevent scalping, uneven mowing, cutting by equipment, and damage to trees, shrubs, and sprinkler heads. The contractor shall repair damaged turf and replace flowers, shrubs, trees and sprinkler heads damaged during mowing operations or any other damage caused by the contractor.

1.14 ENVIRONMENTAL PROTECTION AND DISPOSAL FACILITIES:

1.14.1 Pollution abatement. The contractor shall perform all work in accordance with federal, state, and local environmental regulations, (including maintenance of Material Safety Data Sheets (MSDS’s), applicable EPA regulations and criteria so as to minimize pollution, explosion and degradation of natural resources). In addition, the following requirements shall be mandatory.

1.14.2 Removal of Debris. All debris shall be hauled off of Premises and disposed of in accordance with applicable federal, state, and local regulations. Transporting debris or materials from the site shall be accomplished in a manner preventing particles from becoming airborne, such as covered vehicles or enclosed dumpster boxes. Any materials dropped or blown off vehicles shall immediately picked-up by the Contractor Vehicles used for any chemical applications will carry an approved spill containment kit capable of containing any spill until first responders arrive. The Government shall assume no responsibility in the selection of the above mentioned disposal area.

1.14.3 Burning Prohibited. Burning of any material by the contractor is prohibited.

1.14.4. Erosion Control. Drainage ways, sanitary, and storm sewers, etc. shall not be polluted by fuels, acids, pesticides or other harmful materials. If any of these materials are inadvertently spilled into these areas, the contractor shall immediately notify the designated inspector at the RTP location.

1.14.5 Hazardous Conditions. The contractor shall ensure that his or her operations do not expose any personnel to any hazardous conditions (ie: noise, chemicals, etc.), as covered by OSHA standards.

1.14.6 Material Safety Data Sheets. Prior to use, a list of all pesticides to be used shall be submitted to the Contracting Officer Technical Representative. Also Material Safety Data Sheets (MSDS) shall be submitted for all products that the Contractor intends to use (i.e. for pest control). If a new product is to be used during the contract, an MSDS sheet shall be submitted to the Contracting Officer Technical Representative for approval before use.

SECTION 2

2. STANDARD DEFINITIONS.

2.1 ACCEPTABLE QUALITY LEVEL (AQL). The AQL is defined as the number of defects or maximum percentage of defects in the lot that may occur before the Government will affect the price computation system in accordance with the Performance Requirements Summary and the Inspection of Services Clause. An AQL does not allow a contractor to knowingly offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.2 DEFECTIVE SERVICE. A unit of service, which contains one or more defects, or nonconformance with specified requirements.

2.3 PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

2.4 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods to perform surveillance of the contractor.

2.5 QUALITY CONTROL. These are actions taken by a contractor to control the performance of services so that services meet the requirements of the PWS.

SECTION 3

3.0 Government Furnished Property.

3.1 DUMPSTER. The contractor will dispose of the trash and refuse in the dumpster located by the Glass Palace facility, located in the immediate vicinity.

3.2 UTILITIES. The Forest Service will provide utilities to operate equipment and water necessary to complete the work .

3.3. STORAGE: No space within the building or on the property will be provided to store equipment, tools, and supplies necessary to perform work under this contract.

3.4 RESTROOMS; Contractor will be permitted to use the restroom facilities.

SECTION 4

4. CONTRACTOR FURNISHED PROPERTY.

4.1 GENERAL Except for those items or services specifically stated to be Government furnished in Section 3, the contractor shall furnish everything (equipment, materials, supplies, incidentals, etc.) required to perform the tasks identified in this contract in accordance with Section 6 Publications in a skillful and workmanlike manner.

4.2 EQUIPMENT CONDITION: The contractor’s equipment, including, but not limited to mowers (push, riding, and tractor), edger’s trimmers, etc., shall be of commercial quality, size, and type suitable for accomplishing the work specified. All electrical equipment used by the contractor shall meet all safety requirements of this contract and shall be UL approved. The contractor’s equipment shall be in good repair and able operate efficiently and safely. Equipment shall be maintained to present a neat and professional appearance. Contract Inspector may inspect the contractor’s equipment and/or tools at any time and direct the removal of any unsafe equipment/tools. These items shall be removed from the job by the contractor and replaced with satisfactory equipment.

4.3 TYPICAL SUPPLIES/MATERIALS: The following are representative of the materials or supplies the contractor should have to perform the contract. Fertilizer with slow release nitrogen source, mowers, trimmers, clippers, trash bags, SECTION 5

5. SPECIFIC TASKS.

5.1 MOWING: Grass cutting shall be accomplished on improved grounds at Research Triangle Park, North Carolina. Grass shall be cut to maintain a minimum height of approximately 2 inches and a maximum height of 3 inches. Grass clippings shall be removed when clippings are not mulched on initial mowing. Existing lawn shall be mowed once per week during the growing season months, April – September. Existing lawn shall be mowed once per month during the slow growing/dormant months, October – March.

5.2 EDGING. Sidewalks, driveways, curbs, and other concrete or asphalt edges located I the improved grounds areas shall be mechanically edged every other mowing. Edging shall include removal of vegetation from cracks in sidewalks, driveways, and curbs within .5 inches of the edge surface and to a depth of 2.0 inches. Grass and weeds shall be removed and disposed of immediately after edging is performed.

5.3 TRIMMING: Grass/weeds shall be trimmed around trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks, and other fixed obstacles. Trimming shall be accomplished as required to match surrounding areas. All mowed areas shall be trimmed concurrent with mowing.

5.4 PRUNING OF TREES, SHRUBS, AND HEDGES. Clippings shall be removed and disposed of upon completion of work. Contractor shall prune trees in improved and semi-improved areas on a required basis to provide safety, clearances, and/or to prevent structural damage.

5.5 APPLY FERTILIZER AND/OR LIME The contractor shall maintain an effective commercial fertilizer application program for all improved grounds. Only approved fertilizers shall be applied in accordance with the manufacturer’s instructions. The type and amount of fertilizer or lime applied shall be based on results of a soil test. Soil tests shall be conducted by the state land Management University or equivalent commercial soil laboratory; such test is the responsibility of the contractor.

Exhibit 1 Frequency Schedule

FREQUENCY SCHEDULE

Subtask

5.1. Mowing

5.2. Edging

5.3. Trimming

Exhibit 2 – Performance Requirements Summary

Grounds Maintenance RTP PERFORMANCE REQUIREMENST SUMMARY

Assessment

customer complaint

Below incentives apply to all of the PRS items shown above:

Positive Incentives: Positive performance evaluations and recommendations Negative incentives: Negative performance evaluations; rework at no cost to the Government. Government acceptance with price or another form of consideration.

Request due date 25 Mar 2013 Write or type on outside of envelope in which the offer is submitted:

ATTENTION: Steve Butler AG-4660-S-13-0010 so that mailroom personnel will recognize document as an offer for this solicitation.

-Mailing Address:

USDA Forest Service—Savannah River

P. O. Box 700

New Ellenton, SC 29809-0700

-PHYSICAL ADDRESS: FOR UPS AND FEDEX DELIVERY

USDA Forest Service

1 mile inside Aiken Barricade, SRS

Bldg 760-15G

Aiken SC 29802

-FAX INFORMATION: (803)725-1807

-EMAIL ADDRESS: sebutler@fs.fed.us Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (Sep 2005) Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (FEB 2012) FAR 52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2012)

Alternate I (OCT 2008).

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (AUG 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-25, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X__ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved]

_X__ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

_X__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

__X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

___ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Mar 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X__ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

_X__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(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)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer 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.

(iii) [Reserved]

(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).

(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). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

This Statement is for Information Only:

It is not a Wage Determination

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (May 1989)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Apr 2002)(E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001)(38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793).

(v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(vii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64,

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.204-7 Central Contractor Registration (OCT 2003)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

"Registered in the CCR database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields and has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible 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 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.

(g) (1) (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 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 of the FAR; 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 (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(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.

(2) 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 FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.