AG-63PX-S-14-0002_GROUNDS_KEEPING_MORGANTOWN.pdf
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- GROUNDS KEEPING US FORESTRY SCIENCES LABORATORY Federal contract opportunity
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- AG-63PX-S-14-0002
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Solicitation: AG-PX-S-14-0002 Landscape Services – NRS Morgantown
NORTHERN RESEARCH STATION INSTRUCTIONAL COVER SHEET
ISSUING OFFICE:
USDA-FOREST SERVICE
Northern Research Station
1992 Folwell Ave St Paul, MN 55108
SOLICITATION NO. AG-63PX-S-14-0002
OFFERS ARE SOLICITED FOR: LANDSCAPE SERVICES – NRS MORGANTOWN
SET-ASIDE: 100% 8a
IMPORTANT – NOTICE TO OFFEROR:
AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO
THIS SOLICITATION:
-SF 1449, Solicitation/Contract/Order for Commercial Items (Complete, Date and Sign) -Schedule of Items (Complete Unit Price and Amount) – Section B -FAR 52.212-3 Offeror Representations and Certifications-Commercial Items - Section K -Response to Evaluation Factors – Section M
-Offeror shall submit experience and past performance information. The Experience & Past Performance form found in Section J or similar form may be used.
-Biobased/Sustainability Plan
IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE OR
REFERENCE NUMBER IN YOUR EMAIL. FAXED QUOTES WILL NOT BE ACCEPTED!
Return to: USDA Forest Service
NRS AQM
1992 Folwell Ave St. Paul, MN 5 5 1 0 8 Solicitation No. AG-63PX-S-14-0002
Or email: dceaster@fs.fed.us
Please keep a copy of your quote for your records.
IT IS REQUIRED THAT ALL CONTRACTORS BE REGISTERED AND VALID IN THE SYSTEM FOR AWARD
MANAGEMENT (SAM) DATABASE PRIOR TO THE CLOSE DATE OF THIS SOLICITATION.
THE WEBSITE IS WWW.ACQUISITION.GOV OR WWW.SAM.GOV
IT IS ALSO REQUIRED THAT THE CONTRACTOR BE REGISTERED IN THE SAM DATABASE UNDER THE NAICS
CODE THAT THIS SOLICITATION IS BEING ISSUED UNDER.
ALL SOLICITATIONS SHALL BE ISSUED THROUGH THE GOVERNMENT POINT OF ENTRY WEBSITE (HTTP://WWW.FBO.GOV). NO PAPER SOLICITATIONS SHALL BE ISSUED. IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO
THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH THE GOVERNMENT POINT OF ENTRY WEBSITE.
mailto:dceaster@fs.fed.us http://www.acquisition.gov/ http://www.sam.gov/
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 2 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER
AG-63PX-S-14-0002
6. SOLICITATION ISSUE DATE
3/12/2014
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
David Easter, Purchasing Agent
b. TELEPHONE NUMBER (No collect calls)
651-649-5236
8. OFFER DUE DATE/LOCAL TIME
3/28/ 2014 @1500 CT
9. ISSUED BY: CODE 10. THIS ACQUISITION IS
UNRESTRICTED
SET ASIDE: 100% FOR
8a
NAICs: 561730
SIZE STANDARD: $7.0
11. DELIVERY FOR
FOB DESTINATION
UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
USDA-Forest Service
NRS
ATTN: David Easter 1992 Folwell Ave St Paul, MN 5 5 1 0 8
13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
X RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
See Schedule of Items 17a. CONTRACTOR/ OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. DUNS#
FAX NO. TIN#
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK IS
CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
****See Attached Schedule of Items***** Landscape Services – Northern Research Station
Morgantown, WV
Schedule of Items for Base Year and Four Options Years will need to be filled out and submitted in response to this RFQ
(Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCES FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED. YOUR OFFER ONSOLICITATION (BLOCK 5), INCLUDING ANY
ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS
ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO
THE CONTRACT, EXCEPT AS NOTED
33. SHIP NUMBER
PARTIAL FINAL
34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK NUMBER
32b. SIGNATURE OF AUTHORIZED GOVT. 32c. DATE
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS
AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL NUMBER AND PAPERWORK BURDEN STATEMENT
TABLE OF CONTENTS
SECTION DESCRIPTION PAGES
PART I - THE SCHEDULE
A SF-1449, Request for Quotation/Table of Contents 1-2
B Schedule of Items 4
C Description/Specifications/SOW 6
D Packaging and Marking 11
E Inspection and Acceptance 11
F Deliveries or Performance 12
G Contract Administration Data 12
H Special Contract Requirements 14
PART II – CONTRACT CLAUSES
I Contract Clauses 15
PART III - LIST OF DOCUMENTS, EXHIBITS, & OTHER
J Quality Assurance Surveillance Plan, Sustainable Assessment, Experience, 27 Past Performance, Performance Criteria, Sample Biobased/Sustainability Plan, Wage Determination, Site Maps/Pictures
PART IV - REPRESENTATIONS AND INSTRUCTIONS
K Representations, Certifications, and Other 28 Statement of Offerors
L Instructions, Conditions, & Notices to Offerors 42
M Basis For Award 46
SECTION B
Landscape Services – NRS Morgantown
SCHEDULE OF ITEMS
Item 0001 - BASE YEAR – April 1, 2014 through November 30, 2014 Sub Item Description Quantity Unit Unit Price Total
1a Landscape Services 7 Month $ $
Total Quote: $
Item 0002 – OPTION YEAR ONE – April 1, 2015 through November 30, 2015 Sub Item Description Quantity Unit Unit Price Total
2a Landscape Services 7 Month $ $
Total Quote: $
Item 0003 – OPTION YEAR TWO – April 1, 2016 through November 30, 2016 Sub Item Description Quantity Unit Unit Price Total
3a Landscape Services 7 Month $ $
Total Quote: $
Item 0004 – OPTION YEAR THREE – April 1, 2017 through November 30, 2017 Sub Item Description Quantity Unit Unit Price Total
4a Landscape Services 7 Month $ $
Total Quote: $
Item 0005 – OPTION YEAR FOUR – April 1, 2018 through November 30, 2018 Sub Item Description Quantity Unit Unit Price Total
5a Landscape Services 7 Month $ $
Total Quote: $
Total of Items 0001, 0002, 0003, 0004 and 0005 Total: $
The Government intends to award a fixed price contract for a base year and four option years as indicated above. Please indicate the fixed price for each year of the contract in the schedule of items. Price should be inclusive of all supplies and services as outlined in the Statement of Work. All labor costs must be in compliance with the attached Federal Wage Determination.
OPTION ITEM: FAR 52.217-5 – Evaluation of Options (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of option will not obligate the Government to exercise the options(s).
Option to Extend the Term of the Contract: - FAR 52.217-9 (MAR 2000)
(a) The Government may extend the term of the contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) The total duration of this contact, including the exercise of any options under this clause, shall not exceed Base with 4 options years.
Name of Company (please print):_ Date:_
Signature of Company Agent: Phone:_
Printed Name of Company Agent:_ DUNS Number:_
E-Mail Address:_
SECTION C PERFORMANCE WORK STATEMENT
LANDSCAPE SERVICES – NRS MORGANTOWN
Site/Location:
US Forestry Sciences Laboratory 180 Canfield St Morgantown, WV 26505
Local Point of Contact:
John G. Wininger, 304-285-1549, Contracting Officer’s Rep (COR)
Scope of Work:
Furnish all labor, equipment, and supplies necessary to provide services listed below. The period of performance shall be from April 1, 2014 thru November 30, 2014, with a Government option to renew for 4 full additional years, in accordance with Far Clause 52.217-9 (MAR 2000), Option to Extend the Terms of the Contract (see Terms and Conditions Continued).
The extent of this contract is noted in the attached site map. It is HIGHLY recommended that contractors visit the site prior to submitting a bid.
1. Landscaping Services:
a. Lawn Service:
Performance:
1) Mow grass height to a minimum of 2 ½” and no longer than 3 ½”.
2) Maintain edging along sidewalks, driveways, curbs, weeding bed areas, etc. and trim around existing structures, trees, etc. as needed.
3) Blow clear all grass clippings and leafs from driveways, sidewalks, stairs, ramps, bedding areas to leave area clean
4) Leave mowed area free of grass clipping clumps.
5) Pick up and dispose of any trash/fallen limbs, etc. Frequency:
1) Above service to be performed on a weekly basis for the months of April, May, June, September, and October.
2) Above services to be performed Bi-weekly basis for the months of July, August, and November.
b. Spring Service:
Performance:
1) Treat for weeds (inc. crabgrass) and fertilize.
2) Hedges will be trimmed, debris cleaned up and removed.
3) Edging of beds, debris cleaned up and removed.
4) Clear/sweep/blow away leafs from within property boundaries. Remove and dispose properly (no disposal over the adjacent property boundaries).
5) Replenish and Rake mulched areas.
c. Autumn Service:
Performance:
1) Clear/sweep/blow away leafs from within property boundaries. Remove and dispose properly (no disposal over the adjacent property boundaries). To be performed at least two times, at dates to be scheduled by COR.
2) Aerate grass area and add winter fertilizer.
3) Hedges will be trimmed, debris cleaned up and removed.
d. Common Garden Research Fence Area (Temporary Service until Fall 2014)
Performance:
1) Clean mowers/trimmers of grass/seed and spray off with water before entry.
2) Mow grass height to a minimum of 2 ½” and no longer than 3 ½”.
3) No fertilizer or other chemicals will be applied in the fence area.
CONTRACTOR RESPONSIBILITIES
The Contractor shall:
• Be responsible for the management and operational decisions to meet the quality standards required under this contract.
• Use innovation, technology and other means and methods to develop and perform the most efficient landscaping services for the site.
• Shall be responsible for all damages to persons or property that occurs as a result of his negligence, as well as that resulting from acts of his employees, agents or subcontractors, and the contractor shall save and keep harmless the Government against any or all loss, cost, damage, claims, expense, or liability in connection with the performance of this contract.
• Shall inform the COR of any items in need of repair/replacement.
SUBCONTRACTING
The Government reserves the right to approve or disapprove any subcontractors selected. Therefore, the
Contractor shall obtain approval from the Contracting Officer for all subcontractors prior to entering into any subcontracts. The Contractor’s request for approval shall be written and include the specific work to be accomplished by the subcontractor (a SF–1413 form will be used for all sub–contractor requests) (see Clause 52.212-5 for additional details on sub–contracting first line supervision by the Contractor.
KEY CONTROL
The Contractor will establish and implement methods of ensuring that all keys issued by the Government are kept secure in the Contractor’s possession and are not used by unauthorized persons.
• Keys issued by the Government shall not be duplicated.
• The Contractor will report the occurrence of a lost key to the contracting officer no later than the next duty day.
• The Contractor will be required to reimburse the Government for replacement of the locks or re-keying as a result of the Contractor loss of keys. In the event a master key is lost or duplicated, all locks and keys for that system will be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.
• It is the responsibility of the Contractor to prohibit the use of keys issued by the Government to persons other than the Contractor’s employees. It is also the responsibility of the Contractor’s employees to prohibit the opening of locked areas by Contractor’s employees to permit entrance of persons other than Contractor’s employees engaged in the performance of assigned work in those areas.
WORK HOURS
The Contractor shall submit an annual schedule for services described in the Performance Work Schedule for approval at the pre–work conference identifying the date and time services are to be performed. Any changes need to be coordinated with the approved by the Contracting Officer. The agreed to schedule can be revisited at any time by the Contracting Officer. Any schedule adjustments shall be by mutual agreement between the Contractor and Contracting Officer Representative.
Holidays observed by the government employees are as follows: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. When the Holiday falls on Saturday it is observed on the adjacent Friday or Monday, respectively.
SITE ACCESS
Contractor’s employees will be provided with access key and shall not allow any unauthorized person into the site.
MEASUREMENT AND PAYMENT
Measurement of Work is based upon time unit of the month. Unit cost should be total monthly cost to perform tasks as required for the site.
Payment will be made monthly in arrears for landscape services satisfactorily provided. Payment may be withheld at the Government’s discretion, until all performance standards have been met or for services that have not been provided.
Government-Furnished Property Utilities (water, electric) may be available at the expensive of the Government. Coordinate with COR.
Contractor-Furnished Supplies and Equipment The Contractor shall provide all necessary equipment, supplies and materials needed for the performance of the work of this contract in a timely manner. Lack of Contractor furnished equipment, supplies or materials shall not be considered an acceptable cause for non-performance of this contract.
All equipment must be properly guarded and meet all applicable OSHA standards. The Contractor shall be responsible instructing its employees in appropriate safety measures and shall immediately stop using equipment that needs repair. Repair or replacement of damage equipment must be made within 48 hours.
Equipment will be used only for its intended purpose.
Biobased Products In performing this contract, the contractor shall make maximum use of biobased products designated by USDA. The USDA Bio Preferred Catalog is available on-line. (See clause 52.223-2 Affirmative Procurement of Biobased Products for exceptions to using biobased products.)
Contractor shall prepare a list of biobased products proposed for use and submit the list with the original solicitation proposal.
The following is a list of categories for products that may be required for performance of custodial duties.
Each product submitted for use under this contract must be identified with at least one of these categories (some products may be listed more than one category). Labeling shall be printed on all containers.
Engine oil Lubricants Fertilizer
Environmentally-Preferable Products The Contractor shall use Environmentally Preferable Product and Services. “Environmentally preferable” means that a product or service has a lesser or reduced detrimental effect on human health and the environment when compared with competing products or services that serve the same purpose. USDA is committed to occupying “green” facilities and working toward sustainable development.
The Contractor will take every precaution to ensure that only safe and environmentally preferable products are used. Information can be obtained from Federal, state, and local agencies concerning safe chemical cleaning materials. Preference will be given to cleaning products meeting the criteria under Green Seal’s Standard GS-37 for Commercial and Institutional Cleaners (www.greenseal.org). If products do not have the “Green Seal” label, they may have a third party certification that shows their product meets the “Green Seal” criteria.
(1) The Contractor shall not use materials, chemicals, or compounds which the Contracting Officer
Representative determines would be unsuitable for the intended purpose, or harmful to the surfaces to which applied, or as might be the case for such items as paper or soap products, unsatisfactory for use by occupants.
(2) The Contractor shall, as part of their Quality Control Plan, develop and maintain a low impact environmental cleaning fluid and housekeeping policy that addresses sustainable cleaning and hard flooring coating systems products and the utilization of concentrated cleaning products.
Safety Safety hazards inherent to landscape maintenance work includes but is not limited to slip and falls, exposure to weather conditions, hand or eye injuries, and electrical hazards from use of electrical powered equipment that could lead to minor and even serious injury or loss of life for the contractor and contractor employees. Contractor or contractor employees shall follow standard Safety and Security requirements such as notify law enforcement/Dial 911 when unauthorized or suspicious person(s) are seen on premises or break in suspected. If fire alarm goes off, exit building: call 911, and then call COR.
Contractor is responsible for awareness of and compliance with all safety equipment.
Safe Working Environment: The Contractor shall provide adequate first-aid supplies and equipment for the number of personnel and the type of operations at the site.
Accident Reporting: The Contractor shall report all accidents/injuries to the COR as soon as possible and http://www.greenseal.org/ assist and cooperate fully with the COR and other officials, as required, in the investigation of the accident.
Emergency Instructions: The Contractors shall provide telephone numbers and reporting instructions for ambulance, physician, hospital, fire department, police, and hazardous spill-response agencies in a designated location and in a manner easily understood by contract personnel. This may include instructions in a language other than English.
Personnel Protective Equipment (PPE): The Contractor shall provide its personnel with PPE as required by the nature of the assigned activities. The PPE given for use must meet requirements of NIOSH, MSHA, and ANSI where applicable. The Contractor shall inspect and maintain PPE before use and on a periodic basis to ensure safe operation. As appropriate, personal items must be cleaned, sanitized, and repaired, before being issued to another individual.
Prevention of Personal Injury/Property Damage: The Contractor shall implement all reasonable actions to prevent personal injury to its employees or occupants, and or damage to property.
Environmental compliance and hazardous materials: No reactive, flammable, or explosives such as aerosol cans with flammable propellants or gasoline will be stored on site.
Personnel Access to a Government facility shall be limited to only those individuals employed by the Contractor.
Contractor shall not admit others to the building. The Government reserves the right to remove any Contractor employee or awardee that is, in the Government’s estimation, a security risk for the Government.
The personnel employed by the Contractor shall be trained and qualified in the services required under this contract.
Standards of Conduct: The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his/her employees as may be necessary. Each employee is expected to adhere to standards of behavior that reflect favorably on his/her employer, and the Federal Government.
No smoking is allowed on-site.
The Contractor is strictly prohibited from having any non-employee persons on the premises to either work or accompany the contract-employee during the performance of this contract. The Contractor or employees shall not bring children to the premises while the work is being performed.
The Contracting Officer or his/her representative may request the Contractor to immediately remove any employee(s) from the work site. The Contractor must comply with any removal request. The Contractor is responsible for providing replacement employee(s) in cases where contract employee(s) are removed from working at the work site or on the contract.
For clarification, a determination to remove an employee will be made for, but is not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency as set forth below:
Violation of Federal, State, or local law.
Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 CFR 101-
20.3. This includes the carrying or possession of explosives, or items intended to be used to fabricate an explosive or incendiary device.
Neglect of duty, including sleeping while on duty, unreasonable delays, or failure to carry out assigned tasks, conducting personal affairs during official time, refusing to render assistance, or cooperate in upholding the integrity of the security program at the work site.
Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.
Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, or actions, fighting, or participation in disruptive activities, which interferes with the normal efficient operations of the Government.
Theft, vandalism, immoral conduct, or any other criminal actions.
Selling consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects while in or on Federally-controlled property.
Unauthorized use of communication equipment on Government property.
Violation of Title 18, U.S.C., Section 930, which prohibits the knowing possession or the causing to be present of firearms or other dangerous weapons in Federal facilities and Court facilities.
Miscellaneous Requirements for Contractor Contractor or contractor employees shall report any noted hazardous conditions or items in need of repair such as broken windows or doors, leaking sprinklers, etc.
SECTION D--PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
SECTION E--INSPECTION AND ACCEPTANCE
FAR 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.
(End of Clause)
SECTION F--DELIVERIES OR PERFORMANCE
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/ (End of clause)
52.242-15 STOP-WORK ORDER. (AUG 1989)
52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)
AGAR 452.211-75 EFFECTIVE PERIOD OF THE CONTRACT. (FEB 1988)
The effective period of this contract is from April 1, 2014 through November 30, 2014, excluding possible option years.
SECTION G--CONTRACT ADMINISTRATION DATA
AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held at a time and location mutually agreed upon between the Contracting Officer and the awarded contractor prior of start of work.
IDENTIFICATION OF CONTRACTOR AND CONTRACTOR EMPLOYEES
All contract personnel are required to identify themselves as contractors. When working in any situation where their contractor status is not obvious to third parties, they must make their status known to avoid creating an impression that they are Government employees.
PAYMENT DOCUMENTATION AND PROCESS
(a) General Payment will be based on receipt of a proper invoice and satisfactory contract performance.
(b) Content of invoices.
(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):
(i) Name and address of the contractor.
(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
http://www.acquisition.gov/
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for Prompt Payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.
(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)
(ix) Electronic funds transfer (EFT) banking information.
(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.
(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 must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), 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.
(x) Any other information or documentation required by the contract (e.g., evidence of shipment).
(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.
(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.
(c) Authorization to pay. All invoice payments, with the exception of interim payments on cost-reimbursement contracts for services, must be supported by a receiving report or other Government documentation authorizing payment (e.g., Government certified voucher). The agency receiving official should forward the receiving report or other Government documentation to the designated payment office by the 5th working day after Government acceptance or approval, unless other arrangements have been made. This period of time does not extend the due dates prescribed in this section. Acceptance should be completed as expeditiously as possible. The receiving report or other Government documentation authorizing payment must, as a minimum, include the following:
(1) Contract number or other authorization for supplies delivered or services performed.
(2) Description of supplies delivered or services performed.
(3) Quantities of supplies received and accepted or services performed, if applicable.
(4) Date supplies delivered or services performed.
(5) Date that the designated Government official-- Accepted the supplies or services; or
(6) Signature, printed name, title, mailing address, and telephone number of the designated Government official responsible for acceptance or approval functions.
(d) Billing office. The designated billing office must immediately annotate each invoice with the actual date it receives the invoice.
(e) Payment office. The designated payment office will annotate each invoice and receiving report with the actual date it receives the invoice.
PAYMENT WILL BE MADE BY:
The National Finance Center PO Box 60000 New Orleans, LA 70160-0001
SECTION H--SPECIAL CONTRACT REQUIREMENTS
AGAR 452.237-74 KEY PERSONNEL. (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Project Manager
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the 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.
52.204–7 System for Award Management (JUL 2013) 52.212-4 Contract Terms and Conditions – Commercial Items (SEP 2013) 52.222–17 Nondisplacement of Qualified Workers (JAN 2013)
52.222 –38 Compliance with Veterans’’ Employment Reporting Requirements (SEP 2010)
52.223 –2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
(SEP 2013)
(a.) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA) –designated items unless–
(1) The product cannot be acquired– (i.) Competitively within a time frame providing for compliance with the contract performance schedule.
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application coved by the USDA categorical exemptions (see 7 CFR 3201.3(e)). For example, all USDA –designated items are exempt from the preferred procurement requirement for the following.
(i.) Spacecraft system and launch support equipment.
(ii.) Military equipment, i.e., a product or system designed or procured for combat or combat–related missions.
(b) Information about this requirement and these products is available at http://www.bioperferred.gov.
(c) In the performance of this contract, the Contractor shall–
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA–designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;
(2) Submit this report no later than– (i.) October 31 of each year during contract performance; and (ii.) At the end of contract performance.
52.236–5 Material and Workmanship (APR 1984) 52.236–6 Superintendence by the Contractor
(APR1984)
52.236–7 Permits and Responsibilities (NOV 1991) 52–13 Accident Prevention (NOV 1991)
52.236 –1 Site Visit (APR 1984)
452.228–71 Insurance Coverage (NOV 1996)
PART II--CONTRACT CLAUSES
SECTION I—CONTRACT CLAUSES
U.S. DEPARTMENT OF AGRICULTURE
SIMPLIFIED ACQUISITION TERMS & CONDITIONS: SERVICES
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far (End of clause)
FAR 52.202-1 DEFINITIONS. (NOV 2013)
FAR 52.203-3 GRATUITIES. (APR 1984)
FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL.
(JAN 2011) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS (SEP 2013)
FAR 52.223-6 DRUG FREE WORKPLACE.
(MAY 2001) FAR 52.232-1 PAYMENTS.
(APR 1984)
FAR 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002)
FAR 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS.
(APR 1984) FAR 52.232-11 EXTRAS. (APR 1984)
FAR 52.232-17 INTEREST. (OCT 2010)
FAR 52.232-18 AVAILABILITY OF FUNDS
(APR1984)
FAR 52.232-23 ASSIGNMENT OF CLAIMS.
(JAN1986)
FAR 52.233-1 DISPUTES. (JUL 2002) Alternate I (DEC 1991)
FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION.
http://www.bioperferred.gov/ http://www.arnet.gov/far
(APR 1984) FAR 52.243-1 CHANGES – FIXED-PRICE. (AUG 1987) Alternate II
FAR 52.245-1 GOVERNMENT PROPERTY. (APR
2012)
FAR 52.245-9 USE AND CHARGES. (APR 2012)
FAR 52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB
1997) AGAR 452.237-75 RESTRICTION AGAINST
DISCLOSURE. (FEB 1988)
FAR 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER. (JUL 2013)
(a) Definition. Data Universal Numbering System (DUNS) number, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.
(b) 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 number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer.
The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. 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 System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.
(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 name.
(ii) Trade style, 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).
(End of Provision) http://fedgov.dnb.com/webform
FAR 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 means the 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; and
(2) The offeror has completed the Core, Assertions, and Representations and Certification, 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.
(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.
http://fedgov.dnb.com/webform
(2) The offeror should be prepared to provide the following information:
(i) Company legal business name.
(ii) Trade style, 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.
(End of Provision)
FAR 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of contract expiration.
FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.
https://www.acquisition.gov/
FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES. (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only:It is not a Wage Determination Employee Class Monetary Wage -
Fringe Benefits GS 6 $17.07
FAR 52.223-1 BIOBASED PRODUCT CERTIFICATION. (MAY 2012)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
(End of provision)
FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRDUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS. (SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov .
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report not later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR 1984)
Funds are not presently available for performance under this contract beyond February 28, 2015. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond February 28, 2015, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
http://www.biopreferred.gov/
FAR 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES. (APR 2012)
(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.
(b) The Government bears no responsibility for repair or replacement of any lost, stolen, damaged or destroyed Government property. If any or all of the Government property is lost, stolen, damaged or destroyed or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.
(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.
(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.
(e) Government property provided under this clause include keys and entrance code to access buildings, dumpster for refuse and a dumpster for recycling materials, assorted cleaning equipment including mops, brooms and vacuums.
FAR 52.246-20 WARRANTY OF SERVICES. (MAY 2001)
(a) Definition.
"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.
(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 48 hours of noting the defect or nonconformance.
This notice shall state either -
(1) That the Contractor shall correct or reperform any defective or nonconforming services; or
(2) That the Government does not require correction or reperformance.
(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as…
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