COMBINED SYNPOSIS2.docx

Midewin National Tallgrass Prairie

Issue Date: August 2, 2012 Due Date: August 22, 2012 (2:00 PM Central) Description: MIDEWIN STREAM WOODY DEBRIS REMOVAL- remove debris and haul it to designated location by railroad bridge over Prairie Creek West of A Line Road, near the Midewin National Tallgrass Prairie, Wilmington, IN 60481.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as an RFQ and the documents incorporate provisions and clauses in effect through Federal Acquisition Circular 2005-58.

This procurement is set aside for: SMALL BUSINESS. The NAICS code is: 115310 and the Small Business Size Standard is $ 7 MILLION.

Quantity

Removal of in-stream woody debris, including whole trees, from railroad bridge and transport of debris to concrete pads on South Patrol Road.

Bid item as one lump sum job. A lump sum job is complete when COR verifies the removal of woody debris from stream location and it is piled in designated areas. Contractor will be paid upon completion of work and receipt of proper invoice.

Contractor Acceptance Statement: By submitting the offer, the Contractor agrees to all terms, conditions, and provisions included in this solicitation; and also agrees to furnish any awarded item(s) at the price set in the schedule unless otherwise excepted as follows:

Exceptions (if NONE please indicate as such and use back of this sheet for exceptions, if necessary):______________________________________________________________

Enter on above line: NAME/COMPANY/TITLE/DATE CCR Registered (YES/NO): ______________________.

ORCA Registered (YES/NO):_____________________.

DUNS#:_______________________________________.

TAX ID#:_______________________________________.

QUOTE DUE DATE: Offer should be submitted to the following office by August 22, 2012, at 2:00 PM (Central). Offers can either be mailed or emailed; however, faxes will not be accepted.

Offerors need only to submit a completed page 1 and 2, as well as the technical information listed on page 9 of this solicitation.

SUBMIT OFFER TO:

USDA FOREST SERVICE, MIDEWIN NATIONAL TALLGRASS PRAIRIE, ATTN: DEBORAH BATES

30239 S State Route 53, Wilmington, IL 60481 Email Address: dbates@fs.fed.us QUESTIONS: Please contact Deborah Bates, Purchasing Agent, if you have any questions (815-423-6370) SITE VISIT: Offerors are advised to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

A formal pre-bid conference and site visit is scheduled for 10:00 AM on August 17, 2012. The area is accessible to the public during normal operating hours and may be seen without an appointment. If you have any questions, please contact Deborah Bates, 815-423-6370 ext 201 or dbates@fs.fed.us.

SECTION C - GENERAL SPECIFICATIONS

C.1 SCOPE OF CONTRACT

This contract requires all services and related work to be in compliance with its terms, specifications, and provisions. This includes furnishing all expertise, labor, supervision, services, materials, equipment, tools, supplies, transportation, licenses, worker personal protective equipment (PPE), and incidentals necessary to perform the required work. The contractor shall perform and accomplish the work in accordance with all applicable federal, state, and local laws, regulations, and ordinances.

The Contractor shall furnish all equipment, labor, materials (no Government property will be furnished), transportation, supervision and incidentals necessary to remove and transport woody debris greater than 1 inch in diameter from stream as indicated on the enclosed map. Woody debris varies in size from small branches to whole trees. The woody debris is located within the Prairie Creek stream channel and side slopes of the channel on the upstream (east side) of an inactive railroad bridge. All equipment to remove woody debris must remain on the railroad bridge or top of stream bank. Contractor is prohibited from entering the creek except personnel on foot to set cables or chains as necessary. Also, the contractor shall dress the disturbed area(s) and seed with common available pasture grasses (information on seed types or mixtures commonly used by USDA Forest Service can be provided to the awardee upon request).

Woody debris removed will be transported and piled on concrete pads along South Patrol Road.

C.2 DESCRIPTION AND LOCATION

There is one project area on Prairie Creek. See attached map.

(1) East side of railroad bridge on Prairie Creek 500 west of A Line Road.

Access is from Schoolhouse Road on the north and overland on the south. Some clearing of woody vegetation may be needed to accommodate equipment access to the bridge site. Haul woody debris removed from stream and cleared for equipment access to concrete pads along South Patrol Road where woody debris already exists. Currently vehicular parking is limited to the road. Parking anywhere else must be approved by the COR. If off - road vehicle use is needed, it must be approved by the CO or COR

C.3 TECHNICAL REQUIREMENTS

A. Equipment Requirements

Equipment shall be furnished on a fully operated basis, of modern design, and in good operating condition, with a competent qualified operator. The Contractor shall furnish all fuel, supplies, repairs, and incidentals.

SPARK ARRESTERS: Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Serviceable, baffled mufflers with standard exhaust tailpipes are considered adequate on passenger carrying vehicles and light trucks. Heavy duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands:

Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350, is prohibited.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

1. Inspection of Equipment

Equipment will be inspected at the time it is delivered to the job. Equipment that does not meet contract specifications may be rejected. Rejected equipment will be replaced or the deficiencies corrected within four (4) calendar days after notice of rejection. If the equipment cannot perform on site it may also be removed or replaced.

All contract heavy equipment and off-road equipment will be washed down by the contractor and will be inspected prior to entering Midewin National Tallgrass Prairie to ensure that all possible invasive plant species are removed from the equipment.

2. Operator

The Contractor shall furnish a qualified, experienced and competent operator capable of operating the equipment in terrain similar to the project area. The Government may require the replacement of an operator who is considered incompetent, careless, or otherwise objectionable. Operator shall wear OSHA approved safety gear while operating equipment and comply with the Occupational Safety and Health Act of 1970 (as amended). The contractor shall train all workers using his equipment in the safe operation and use of such equipment.

B. Safety

Contractors must avoid any remaining contaminated Army land in or near the work area, and must be aware of the potential for discovery of CERCLA wastes, TSCA (PCB) equipment, or remnant ordnance materials (Munitions and Explosives of Concern (MEC)). Contractors shall notify the Midewin Safety Officer and COR or PM of any discovered suspicious material, equipment or items encountered during work.

The contractor and its employees and subcontractors shall comply with all State and local safety requirements and will be thoroughly familiar with the Forest Service Safety Code for work of this type. This code is available for review at the closest Forest Service office. Protective devices, including but not restricted to hard hats, shall be worn. All efforts shall be made to protect traffic.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

C. Fire Prevention and Control

Recommended Fire Tools and Equipment to have on hand in the event of a fire breaking out in the project area:

Fire The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

Fire orders/moratoriums: Any fire order issued during the contract will become a requirement of the contract. The contractor shall assure that all contract employees are informed of the existence and conditions of the fire requirements. Inspection by the Forest Service will be made to insure compliance within the fire requirements.

Contractor’s Responsibility in Fighting Own Fire. The Contractor, under the direction of the Government or in the absence of said officer, acting independently, shall immediately extinguish without expense to the Government, all fires on or in the vicinity of the project which are caused by him or his employees whether set directly or indirectly as a result of the work on this project. The Contractor may be held liable for all damages resulting from fires set or caused by his employees or resulting from the operation of this contract. If the amount and character of labor, subsistence, supplies, and transportation which the Contractor is in a position to furnish promptly, for fire suppression, prove inadequate, the Government is authorized to procure such items and services as they may deem necessary and charge to the Contractor.

Use of Contractor’s Employees to Fight Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor, when requested by the Government, shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished, may be relieved from fighting fire as soon as the Government determines that it is practical to employ other labor and equipment adequate for the protection of the area. An equitable adjustment in Contract time may be made for this period.

D. WELDING: Currently all welding is prohibited on the Prairie due to drought conditions. Contact the COR if the need to weld arises.

E. GAS AND OIL USE AND STORAGE: Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas must have prior approval by COR. Storage area will be posted with “No Smoking” signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites. Refueling of the equipment shall be done in an area cleared and void of flammable materials. Handheld power equipment shall be moved from the spot of refueling before starting.

C.4 PERFORMANCE REQUIREMENTS

A. Removal and Transport of Woody Debris from streams

Contractor shall remove and pile woody debris from within Prairie Creek as shown on the attached map. Woody debris removed from Prairie Creek will be transported to concrete pad haul locations along South Patrol Road as shown on the map.

Contractor shall provide adequate water for prosecution of the work and minimize release of dust into the air as necessary.

B. Restoration of Removal Areas

Contractor is encouraged to conduct work when ground is frozen or dry. Work under this contract will not be performed when ground or access road conditions would result in damage to access roads or to the natural resources. If precipitation makes the ground wet enough to cause rutting, then work will be temporarily suspended or the contractor can bring in machinery with a ground pressure of less than 4 PSI that won’t cause ruts. Soil ruts deeper than 2 inches or covering more than 10% of the work area must be avoided or mitigated by the contractor.

Contractor shall dress the work site areas as work progresses in a manner that matches the adjacent topography and meets final approval by a designated COR representative of the USDA Forest Service. The completed areas shall match the surrounding topography without any significant voids, depressions or ditches. As work progresses, seed dressed/disturbed areas with common pasture grass seed to promote area stabilization.

C. Performance Period

The performance period for this work is 30 days from notice to proceed. Work shall be performed during 6 AM and 6 PM Monday through Friday only. Work shall not be conducted on Federal holidays without prior approval by COR.

D. Protection of Resources & Reparation of Any Damages

The contractor shall restrict all activities to the access roads and the work area. Contractor shall follow designated travel lanes and use existing roads, railbeds, and parking areas. Contractor shall avoid entering any areas enclosed by orange construction fencing or bamboo stakes and flagging. Any soil or other resource damage (rutting, tracking, etc.) shall be mitigated by the contractor using appropriate conservation techniques.

Contractor shall avoid using heavy equipment in marked sensitive areas. If ground is dry or frozen or using vehicles that have a low ground pounds-per-square-inch loading (not to exceed 4), work may proceed as approved by USDA Forest Service COR personnel. Work is to halt if thawing or heavy precipitation occurs.

The Contractor will ensure spill cleanup materials will be available on each project at all times on the Prairie. Any spill greater than one (1) pint must be immediately reported to the COR or PM. Contractor personnel must have training to ensure they are qualified to identify such releases and are competent to provide proper cleanup and reporting. All spilled materials and impacted soils will be removed and properly disposed as necessary.

In the event of a spill of hazardous substances or petroleum, the user of the material shall immediately report the spill to the Midewin Safety Officer, COR or PM who will assure the proper notification reporting is performed by the user. The 24-hour phone numbers for the Illinois Emergency Management Agency are 1-800-782-7860 or 1-217-782-7860. CERCLA Reportable Quantities (RQs) are found in 40 CFR 302.4, petroleum spill reporting requirements are found in Section 311 of the Clean Water Act. The Midewin Safety Officer, COR or PM will consult with Midewin Engineering concerning each reported spill incident. Midewin Engineering will investigate each incident as requested and will determine appropriate action.

There will be no releases of hazardous materials into surface water or soils; if such releases are encountered, the Midewin Safety Officer, COR or PM must immediately be notified and the user is responsible for all remediation actions and proper disposal of all contaminated soils and water. The user is responsible for the proper disposal of all empty containers of hazardous material as prescribed by the manufacturer and environmental regulations.

TECHNICAL EVALUATION CRITERIA

The following information should be provided with the Contractor’s proposal on the work to allow evaluation by the USDA Forest Service:

Safety Plan – Provide a written safety plan that demonstrates how the contractor will ensure a safe work environment for themselves, their employees, including a chemical spill plan document procedures in the event of a pesticide spill on-site or in transport.

Quality Control Plan – Provide a written Quality Control Plan that demonstrates the ability to complete all the tasks to the required Performance Quality Standards and/or to Acceptable Quality Levels. Detail how the work will be inspected, how frequently, what will be done to correct problems, who will be doing the quality control, name of the key personnel: Project Manager, Field Supervisor(s), key contact person , etc.

Work Plan and Schedule – Provide approximate start date, production rate, completion date, labor, and equipment list (including manufacturer, model, and year.

· Experience and Past Performance List- A list of at least three current or recent projects similar in size and scope to the work to be performed under this contract. Include contact names and phone numbers for references. See page 16 section: FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) for more information.

SECTION J - LIST OF ATTACHMENTS

Map for the Project Area

The following Federal Acquisition (FAR) clauses and provisions apply to this solicitation. Those that are incorporated by reference can be viewed in full text at https://www.acquisition.gov/far

FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear on page 1 of the solicitation . However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is $7 MILLION.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) Reserved

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) Reserved

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) 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. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, 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 resulting from this solicitation. 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. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

(a) A contract will be offered to the offeror proposing the lowest evaluated price and who is determined to meet or exceed the acceptability standards for non-price factor(s).

(b) The non-price factor is: TECHNICAL ACCEPTABILITY.

To determine whether a firm is technically acceptable, the offeror must furnish the following:

1. PROJECT INFORMATION: Information regarding up to 3 projects completed within the last five (5) years, which are most similar in scope to this project. For each one include the following:

a. Name of the project and the date completed;

b. Customer name, a customer point-of-contact and phone number;

c. Whether your firm was the general contractor or subcontractor;

d. Total amount of the contract or subcontract;

2. USE OF SUBCONTRACTORS: Per item 1, if the offeror’s intent is to subcontract any portion of this work will then provide the name and address of that subcontractor. Also, the offeror should then furnish the same information requested in item #1, for each proposed subcontractor.

3. MINIMAL OR NO PAST PERFORMANCE: If the offeror has little or no past performance, the offeror should provide a comprehensive project plan, which shall include:

a. Use of subcontractors (refer to item #2)

b. Name of proposed on-site manager, to include experience and education.

c. Complete listing of proposed staff, to include experience and education.

FAILURE TO PROVIDE THIS INFORMATION WILL RESULT IN THE OFFEROR’S PROPOSAL BEING DEEMED AS NON-RESPONSIVE, AND AS SUCH WILL NOT BE CONSIDERED FURTHER FOR POTENTIAL AWARD.

(c) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(d) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL (APR 2012)

Offeror must complete this certification online at https://orca.bpn.gov or print this clause in full, complete the appropriate blocks, and submit with your offer.

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT (MAY 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)…