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AG-4756-S-17-0005
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
11/21/2016 832571
1 2
CHEROKEE NATIONAL FOREST
2800 NORTH OCOEE STREET
CLEVELAND TN 37312
USDA FOREST SERVICE
365 Days After Notice to Proceed
USDA FOREST SERVICE
CHEROKEE NATIONAL FOREST
2800 NORTH OCOEE STREET
CLEVELAND
TN 37312
423 476-9706NINA BARROW
12/14/2016 1600 ET
FOB DESTINATION
OTHER
(See Schedule)
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Perform road grading and related activities on an as-needed, requirements basis for the South Zone of the Cherokee National Forest in Polk, Monroe and McMinn counties, TN. (See Schedule of Items,
pg. 2)
DUNS #: _____________________
Registered in SAM? _____ yes _____ no
001 Provide road grading for FY 2017 for southend of Cherokee NF Product/Service Code: Z2LB Product/Service Description: REPAIR OR ALTERATION Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
X
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 2
CONTINUATION SHEET
PAGE OF
(A) (B) (C) (D) (E) (F)
REFERENCE NO. OF DOCUMENT BEING CONTINUED
AG-4756-S-17-0005
OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS
Delivery: 365 Days After Notice to Proceed
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Service RFQ AG-4756-S-17-0005
Road Grading, SZE, Cherokee NF
PART I – THE SCHEDULE
SECTION B - Supplies or Services and Prices/Costs Schedule of Items
Contractor shall furnish all labor, equipment, transportation, supervision, and incidentals to perform road grading and related activities on an as-needed, requirements basis on the South Zone of the Cherokee National Forest, Ocoee and
Tellico Ranger Districts, Tennessee, in accordance with the attached specifications and exhibits.
ITEM DESCRIPTION QTY UNIT
UNIT
PRICE
AMOUNT
1A Surface Blading 100 Miles $ $
1B Clean & Reshape Ditches 85 Miles $ $
1C Tree Removal & Disposal 50 Each $ $
1D
Sign & Post Installation –
Requiring 1 or 2 Post 5 Each $ $
1E
Sign & Post Installation –
Requiring 3 Post 3 Each $ $
Total, Item 1, A – E: $
Note to Contractors: Award will be made on an all-or-none basis. A complete quote package will consist of:
SF-18 Cover Sheet (fill in blocks 13-16)
Completed Section B – Schedule of Items with pricing entered
Completed Section K – Representations and Certifications
A narrative response to Section M – Evaluation Factors
Registration in the System for Award Management (SAM) is not required for submission of a quote; however registration must be completed within 5 days of notification of award. (See FAR 52.204-7(d)).
Submit quotation package by:
Hard copy mailed to the address in Block 5a of the SF-18 Cover Sheet
Emailed to nbarrow@fs.fed.us mailto:nbarrow@fs.fed.us
SECTION C - Description/Specifications/Statement of Work
DIVISION 100 – GENERAL REQUIREMENTS
110 - Scope of Contract
Contractor shall furnish all labor, equipment, supervision, transportation, operating supplies and incidentals to perform road grading and related work in accordance with contract specifications, terms, and provisions. Work includes surface blading, ditch pulling, sign and post installation, tree removal, and associated work.
This is a requirements contract, and all quantities shown on the Schedule of Items are estimated quantities. These estimated quantities are not guaranteed to be ordered, and are to be used only as a guide for the amount of work that may be performed. Actual ordered quantities will vary depending upon traffic and weather conditions. Estimates are based on historical data from previous years and projected needs for the upcoming contract period.
Work is performed on remote Forest Service roads in rural locations. Cell phone coverage may not be available;
closest supply sources may be a two-hour drive or more from work site. Successful contractor must demonstrate proven ability to successfully perform this type of work under similar conditions.
120 – Placement of Orders
Task orders may be placed throughout the contract year. However, primary orders will be placed during the spring
(March, April) and fall (September, October) blading season.
The Ordering Office is Cherokee National Forest, 2800 N. Ocoee Street, Cleveland, Tennessee 37312. Only the following are authorized to place orders under this contract:
Cherokee National Forest Contracting Officer
Cherokee National Forest Purchasing Agent
Task orders will be issued in writing. Each task order will specify the road(s) to be serviced, services to be provided, the order in which performance is required and contract time for performance in accordance with this contract.
130 – Project Location
Work sites will be within the administrative boundaries of the south end of the Cherokee National Forest, on the
Ocoee/Hiwassee and Tellico Ranger Districts, in Polk, McMinn and Monroe counties, Tennessee. Specific work site(s) will be as indicated on each delivery order as issued.
DIVISION 200 - TECHNICAL SPECIFICATIONS
210 - Equipment Requirements and Transportation
All equipment proposed for use for performance of the work shall be of the size, type, and in such condition to properly pursue the requirements of this contract. Equipment specifications and minimum requirements are as follows:
Grading equipment furnished shall have a minimum weight of 20,000 lbs. and a minimum SAE horsepower of 85.
The equipment shall be equipped with power functions, a scarifier and a fire extinguisher. A Rollover Protective
Structure (ROPS) is required by Occupational Safety and Health Act (OSHA) if equipment was manufactured on or after July 1, 1969. Equipment shall be provided with a Forest Service-approved spark arrester, and flashing lights as required by local and state laws.
The Contractor's proposed equipment shall be made available to the Contracting Officer’s Representative (COR) for inspection prior to award of this contract. If at any time during the course of this contract any equipment is deemed unsatisfactory, the COR may order removal; and may require, at Contractor's expense, satisfactory replacement equipment meeting original specifications.
MULTIPLE PIECES OF EQUIPMENT WILL ONLY BE OPERATED IN TANDEM UPON APPLICATION TO
AND APPROVAL BY THE CONTRACTING OFFICER.
220 - Public Safety and Traffic Control
The Contractor shall exercise caution and care while accomplishing the work to prevent unnecessary conflict with, or potential hazards to, road users.
The Contractor shall post warning signs with flags on each end of the section of road being worked. Signs shall be of the size, quantity, and colors as required in the current edition of the "Manual on Uniform Traffic Control Devices", and as follows:
Warning signs shall have a black legend on an orange background.
The use of standard orange flags or yellow flashing warning lights in conjunction with signs is recommended.
All signs shall be minimum size 30" x 30".
All signs to be used during hours of darkness shall be reflectorized or illuminated.
As a general rule, signs shall be located on the right-hand side of the roadway.
Signs mounted on barricades or temporary supports shall be not less than one foot to the bottom of the sign from the road surface.
Signs shall be no more than 4 miles apart, and when considered necessary by the COR, may be placed closer to actual work.
For maximum mobility during rock picking or culvert cleaning, a warning sign may be effectively mounted on a vehicle moving along with the work operation.
Signs shall be mounted such that traffic from both directions is warned.
These signs shall be moved as needed to properly delineate and identify the section of road being maintained. These signs shall be in place only when equipment or men are actually performing operations. All slow moving equipment shall have a reflectorized "slow moving vehicle” emblem properly attached.
All work shall be scheduled so that, at the end of a working period, the road is passable for the type of traffic normally using the road. If, for any reason, traffic hazards are left in or adjacent to the road after normal work periods, they shall be properly signed as hazards and visibly illuminated at night.
230 - Maintenance Activities
Contractor shall be responsible for removing from ditches and from surfaced and non-surfaced roadways any rock, mud, or dirt deposited by rock, mud, or dirt slides. This work shall be considered incidental to surface blading or ditch pulling and no additional payment shall be made for such work.
Soil Moisture Conditions:
Suitable moisture conditions for surface blading shall be from five (5) to fifteen (15) percent by weight. Unless authorized by the CO, no surface blading or ditch pulling shall be performed while moisture content is outside this range.
No work will be performed in areas adjacent to Bald River, North River, Citico Creek and Double Camp Creek during rains and for a period of 24 hours after rain ceases to fall unless otherwise authorized by the CO.
High Rain Fall Potential Performance:
When the probability of rainfall as predicted by the National Oceanic & Atmospheric Administration (NOAA), is 50% or greater for the following 24 hour period in the area where contract performance is occurring, the Contractor or his representative shall contact the COR regarding a "spot change" in the established grading schedule, to a contract area with less rainfall probability, or suspending work until the probability decreases.
Grading in areas with 50% or higher probability will be at Contractor's risk. Remedial work by the contractor at no additional expense to the Government may be required on roads or sections of roads, if rutting or other deleterious results occur to these areas of initial performance within 48 hours of such rainfall.
The intent of this section is to produce a management and scheduling of the work by the contractor so as to produce an utilizable end product. This section is in addition to any other moisture level restrictions provided elsewhere in this specification.
240 - Surface Blading
Maintenance Requirements
Blading operations shall be conducted as required to remove, by scarifying and cutting out, ruts, potholes, corrugations, and berms. All suitable dislodged aggregate shall be smoothly redistributed over the entire roadbed to produce proper cross slope or crown of 3/4 inch per foot. Scarifying teeth shall not be spaced greater than 11".
(Exhibit A, Section J).
All suitable aggregate that has been worked onto the roadbed edge by traffic or maintenance activities shall be reclaimed onto the roadbed. All suitably sized material disturbed within the roadbed or removed from ditches shall be smoothly spread within the roadbed after movement sufficient to sift out surface aggregate. Assure proper surface drainage following this operation. No undercutting of roadbed edge or material berms will be allowed. No material shall be deposited in ditches.
All oversized and objectionable material shall be removed from the roadbed surface after the blading operation is complete. This waste material includes all loose rocks four (4) inches or larger in the greatest dimension above the graded surface, limbs and woody material larger than 1-1/2 inches in diameter and 18 inches long, and sod or clumps of debris larger than 6 inches.
Rock and debris shall be wasted beyond the edge of the roadbed (see Exhibits Section J). No material shall be deposited in ditches, streams, or in such places as to interfere with the road drainage.
Total roadbed width, including turnout, turnarounds, and parking lots shall be bladed as existing unless otherwise directed by the CO or his designated representative.
Dips, swales, and water bars shall be maintained if necessary. If the dip is functioning as determined by the COR, no work will be required.
All culverts shall be cleaned by removing all silt, muck, rock, and debris from culvert interior (3 feet each end), inlet catch basin, and inlet and outlet ditches (see Section J, Exhibit D).
Waste material removed, including leaves, shall not be deposited in piles either on the roadbed or the cut-slope, but shall be spread out where it will not re-enter the culvert, catch basin, or inlet/outlet ditches. If the material is suitable and is deposited on the roadbed, it shall be spread out smoothly within the roadbed. Placing waste material on steep or high cut-slopes will not be permitted.
Any culverts that are found to be damaged or in non-functional condition shall be reported to the COR.
250 - Clean and Reshape Ditches
All ditches shall be maintained in their original location to the shape and grade required to ensure drainage of the road.
Drainage structures and road features shall not be damaged during this operation. Handwork required to properly connect ditch flow lines to drainage structure inlets is considered a part of this work.
Drainage structures and road features damaged during the maintenance operation shall be repaired or replaced at the expense of the Contractor.
When ditch bottoms are soft or if there is standing water present, avoid running the grader tire in the ditch. Reshape the ditch using the extended blade.
All suitable material excavated through this activity shall be reclaimed and used within the roadbed. Following this work the surface shall be bladed. Excessive or unsuitable materials reclaimed onto the roadbed from ditches and culvert inlets shall be evenly spread on the roadway. No material shall be allowed to fall into a flowing stream.
No work shall be done in the following area unless the inspector is present:
The section of Bald River Road No. 126 from Skull Branch to a point 0.1 mile beyond Cantrell Bridge (Bald
River).
The section of North River Road No. 217 from the intersection with Road No. 210 to a point 0.2 mile above
Round Mountain Branch.
The section of Citico Road No. 35 that lies adjacent to Citico Creek from Forest Service Road No. 29 to the intersection with Mt. Pleasant Road.
The section of Double Camp Road No. 2659 that lies adjacent to Double Camp Creek from the intersection of
Forest Service Road No. 59 and Forest Service Road No. 35 to Crowder Branch (M.P. 3.44).
Tail and Lead-Off Ditches
Ditches shall be opened to provide drainage away from the roadway. No material excavated from these structures shall be reclaimed onto the roadbed. This work is incidental to pay items 1B and 2B.
260 - Tree Removal and Disposal
This work consists of cutting and removing hazardous and fallen trees. Trees shall be cut to fall away from the road where possible. Care shall be taken to avoid damage to adjacent trees. Trees to be cut and removed shall be disposed of outside the travel way, and shall be limbed and scattered to reduce slash concentrations. Trees to be cut and removed under this activity will be designated by the COR.
No trees shall be removed from Government property.
All limbs, tops, and logs shall be removed from the roadbed.
Measurement for payment shall be the number of trees cut and removed.
270 - Sign and Post Installation
This work consists of the installation of traffic control signs and posts. Locations and types of signs and posts to be installed will be designated by the COR.
All posts shall be erected plumb, with signs securely attached by vandal-resistant hardware. Placement will be in accordance with the Manual on Uniform Traffic Control Devices and the Typical Sign Installation drawings.
Signs posts shall be either wood or metal. Wood posts will be either 4”x4” or 6”x6” treated. Metal posts will be galvanized, U-channel, 10’x12’ long x 2 lbs./foot. Signs to be mounted on one or two posts will range in size from
6.24 sq. ft. to 20 sq. ft. Signs to be mounted on more than two posts will range in size from 20.1 sq. ft. to 75 sq. ft.
The sign material will be aluminum, high density plywood, or wood plastic composite.
Note: Exhibit D has a detail of the placement.
All signs, posts, and vandal-resistant sign hardware will be furnished by the Government. The Contractor shall furnish all tools, equipment and labor necessary to perform the work.
Measurement will be the number of sign and post units installed, and the number of signs replaced.
One sign and its required post or posts shall be considered one unit for payment. Signs and posts shall not be measured separately when the pay item is for sign & post installation.
DIVISION 300 - METHOD OF MEASUREMENT
For all surface blading, and cleaning and reshaping ditches, measurement shall be made to the nearest tenth (0.10) of a mile by the COR using a vehicle odometer.
For ditches, measurement shall be made for each side of the road. Lead off ditches shall be measured from the road ditch line to the end of the ditch and converted into miles. The total length of lead off ditches cleaned and reshaped shall be measured prior to conversion and rounding off to the nearest tenth of a mile.
For tree removal and disposal, and sign and post installation, measurement shall be by actual count for each.
DIVISION 400 - PAYMENT
Payment shall be made in accordance with Clause 52.232-1, Payments, at the established unit prices for work based on units ordered, actual number of units completed by the contractor and accepted by the Government.
Biobased Products
The Contractor shall utilize products and materials made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the
Contracting Officer Representative (COR). Biobased products that are designated for preferred procurement under
USDA’s BioPreferred program must meet the required minimum biobased content as stated at www.biopreferred.gov.
http://www.biopreferred.gov/
SECTION D - Packaging and Marking
(for this solicitation, there are no clauses in this section)
SECTION E - Inspection and Acceptance
52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)
(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the
Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
SECTION F - Deliveries or Performance
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the
Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (see schedule below). The time stated for completion shall include final cleanup of the premises.
Contract Time: Each task order will specify a period of performance based on the following schedule:
Sub Item Contract Time
A. Surface Blading 1 Calendar Day / 4 Miles Ordered
B. Clean and Reshape Ditches 1 Calendar Day / 2 Miles Ordered
C. Tree Removal & Disposal 1 Calendar Day / 8 Trees Ordered
D. Sign Post Install (1-2 Post) 1 Calendar Day / 10 Signs Ordered
E. Sign Post Install (3 Post) 1 Calendar Day / 5 Signs Ordered
*Except for Items C, D, & E work will commence within two (2) calendar days.
52.242-15 Stop-Work Order. (AUG 1989)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the
Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;
provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the
Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting
Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
452.211-75 Effective Period of the Contract. (FEB 1988)
The effective period of this contract is from date of award through one calendar year.
SECTION G - Contract Administration Data
Clauses
452.215-73 Postaward Conference. (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: Cherokee National Forest Supervisor’s Office, 2800 North Ocoee Street, Cleveland TN.
GOVERNMENT-FURNISHED PROPERTY
The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of FAR 52.245-1, Government Property (see Section I).
Signs
Posts
Vandal-Resistant Sign Hardware
H - SECTION H - Special Contract Requirements
452.237-74 Key Personnel. (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Equipment Operator.
(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
Contracting Officer within 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 Contracting Officer 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.
PART II – CONTRACT CLAUSES
SECTION I - Contract Clauses
52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar
52.204-7 System for Award Management. (JUL 2013)
(a) Definitions. As used in this provision-
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 System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
Registered in the System for Award Management (SAM) database means that-
(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the
Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of
Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government 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 SAM 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 SAM 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) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when 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 SAM 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) Offerors may obtain information on registration at https://www.acquisition.gov.
52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)
52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications).
(b) Representations and other instructions.
(c) Contract clauses.
(d) Other documents, exhibits, and attachments.
(e) The specifications.
52.216-18 Ordering. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through one calendar year.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order 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.
52.216-19 Order Limitations. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than
$500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $25,000;
(2) Any order for a combination of items in excess of $50,000; or
(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-21 Requirements. (OCT 1995)
(a) This is a requirements 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 this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.
Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the
Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the
Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the
Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the
Government may acquire the urgently required goods or services from another source.
(f) 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 completion of all orders placed during the contract period.
52.217-8 Option to Extend Services. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract.
These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The
Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract completion date.
52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)
52.222-3 Convict Labor. (JUN 2003)
52.222-21 Prohibition of segregated facilities. (APR 2015)
52.222-26 Equal Opportunity. (SEP 2016)
52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR
60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of
$15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract
Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-41 Service Contract Labor Standards. (MAY 2014)
52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014)
In compliance with the Service Contract Labor Standards statute 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
GS-5 $13.54
Fringe Benefits:
Paid Holidays: 1. New Year`s Day, 2. MLKing’s Birthday, 3. Washington`s Birthday,4. Memorial Day, 5. Independence Day, 6.
Labor Day, 7. Columbus Day, 8. Veteran's Day, 9. Thanksgiving Day, 10. Christmas Day.
Paid Vacation: 2 hours Annual Leave each week with less than 3 years service.3 hours Annual Leave each week with 3 but less than 15 years service.4 hours Annual Leave each week with 15 or more years service.
Health and Insurance: 5.1% of hourly rate
Retirement: 7% of hourly rate
52.222-50 Combating Trafficking in Persons. (MAR 2015)
52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015)
(a) Definitions. As used in this clause-
"United States" means the 50 states and the District of Columbia.
"Worker"-
(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive
Order 13658, and -
(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter
8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate
Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);
(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and
(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.
(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).
(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and
Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the
Office of Apprenticeship.
(b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning
January 1, 2015.
(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's
Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements
(Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.
(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O.
minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.
(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.
(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.
(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.
(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.
(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.
(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the
E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.
(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.
(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.
(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition-
(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under
29 U.S.C. 214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.
(2) This clause does not apply to-
(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;
(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the
Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-
(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).
(B) Students whose wages are calculated pursuant to special certificates issued under 29
U.S.C. 214(b).
(C) Those employed in a bona fide executive, administrative, or professional capacity (29
U.S.C. 213(a)(1) and 29 CFR part 541).
(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor
Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.
(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:
(i) Name, address, and social security number;
(ii) The worker's occupation(s) or classification(s);
(iii) The rate or rates of wages paid;
(iv) The number of daily and weekly hours worked by each worker;
(v) Any deductions made; and
(vi) Total wages paid.
(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.
(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.
(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.
(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the
Fair Labor Standards Act, or any other applicable law.
(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.
(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same
Contractor, sufficient to pay workers the full amount of wages required by this clause.
(h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10.
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