Solicitation_AG-7K11-S-17-0003.pdf
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- Caney Ranger District Grounds Maintenance Federal contract opportunity
- Solicitation number
- AG-7K11-S-17-0003
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SF 1449 Solicitation Package
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
7A86
HOT SPRINGS AR 71901
100 RESERVE STREET
OUACHITA NATIONAL FOREST
7K11 CODE 16. ADMINISTERED BYCODE
X
X
X
561730
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR7K11
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
02/23/2017 1400 CT
01/23/2017
501-321-5324JAY TOBIN
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
AG-7K11-S-17-0003
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 42 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
PINEVILLE LA 71360
2500 SHREVEPORT HIGHWAY HWY 71
KISATCHIE NATIONAL FOREST
15. DELIVER TO
PINEVILLE LA 71360
2500 SHREVEPORT HIGHWAY HWY 71
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$7.50
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
KISATCHIE NATIONAL FOREST
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
KISATCHIE NATIONAL FOREST, CANEY RANGER DISTRICT,
GROUNDS MAINTENANCE SERVICES Per the Schedule of Items and Performance Work Statement Delivery: 12/31/2017 Period of Performance: 04/01/2017 to 12/31/2017
001 Caney RD Grounds Maintenance Services Product/Service Code: S208 Product/Service Description: HOUSEKEEPING-
LANDSCAPING/GROUNDSKEEPING
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
JAY G. TOBIN
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
The proposed contract includes four (4) option years, which if exercised could extend the period of performance through 12/31/2021.
EQUAL OPPORTUNITY CLAUSE
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.)
Persons with disabilities who require alternative means for communication of program information
(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202)720-2600
(voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272
(voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42 2 of
AG-7K11-S-17-0003
Kisatchie National Forest
Caney RD Grounds Maintenance
GROUNDS MAINTENANCE FOR THE CANEY RANGER DISTRICT
Headquarters/Supervisor’s Office (Pineville, LA), Caney Ranger District (Homer, LA).
OVERVIEW
This solicitation will result in a Performance Based, Indefinite Delivery - Indefinite Quantity (IDIQ) Single Award Task Order Contract as best meets the needs of the Government as determined by the awarding Contracting Officer on the basis of technical capability, past performance, and price. This contract will have a base period, which runs through December 31, 2017 and four option years, which if exercised could extend contract performance through December 31, 2021. There is no guarantee that any options will be exercised by the Government.
Individual task orders will be issued for specific items of work. The Government reserves the right to adjust the quantities ordered on any task order based on the availability of funds.
Offerors must quote on all items to be eligible for award.
AUTHORIZED ORDERING ACTIVITIES: Task orders may only be issued by warranted contracting officers or purchasing agents on behalf of the Kisatchie National Forest.
SCHEDULE OF ITEMS
*Estimated quantities for evaluation purposes only, but are based on anticipated requirements. Each “job” includes full performance of all tasks described in the Performance Work Statement for that item/area.
CONTRACTOR IDENTIFICATION:
Name:
Mailing Address:
Phone:
E-Mail:
DUNS #:
Base Year O ption Year 1 O ption Year 2 O ption Year 3 O ption Year 4
Award - 12/31/2017
1/1/2018 - 12/31/2018
1/1/2019 - 12/31/2019
1/1/2020 - 12/31/2020
1/1/2020 - 12/31/2021
1 Caney Lakes Recreation Area 10 Job $ $ $ $ $
2 Corney Lakes Recreation Area 10 Job $ $ $ $ $
3 Caney District Office 10 Job $ $ $ $ $
Estimated Annual
Q uantity UnitItem Description
Unit Price
PERFORMANCE WORK STATEMENT
SECTION I – GENERAL DESCRIPTION
SCOPE: The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary to successfully complete grounds maintenance in designated areas on the Caney Ranger District, Kisatchie National Forest, in accordance with this Performance Work Statement. Areas requiring service include the Caney Lakes Recreation Area, Corney Lake Recreation Area, and the Caney District Office.
LOCATION: All areas are located within the boundaries of the Kisatchie National Forest in Claiborne and Webster Parish. Maps are attached.
Caney Lakes Recreation Area: is located north of Minden, Louisiana, off of Highway 159, 2 miles down at 194 Caney Lake Road.
Treatment areas of the Caney Lakes Recreation Area include the Entrance area, along Roadways, Work Center Area, Caney day-use area, Turtle Slide Campground, Beaver Dam Campground, and Boat Ramp area. The treatment area is approximately 50 +/- acres.
Corney Lake Recreation Area: To reach the South Shore Campground Area from Homer, Louisiana, take Louisiana Hwy 9 north 18 miles to the recreation area sign at FR 900. Turn east onto FR 900 and travel just over 2 miles. Turn left (north) on FR 901 and proceed past the day-use/boat ramp signed road to the camp sites on the left.
Treatments areas include the Recreation/Pavilion area, campground area, and roadways of the South Shore Campground, and comprise approximately 8+/- acres.
Caney District Office: The District Office is located at 3288 Highway 79, Homer, Louisiana 71040-3951; the treatment area is approximately 3+/- acres.
PERFORMANCE OF SIMILAR WORK BY THE GOVERNMENT: Nothing in this contract restricts the Government from performing any of the work with its own organization and workforce.
CONTRACTOR REPRESENTATIVE: The contractor shall provide a contract representative during performance of the work when the contractor is absent. The name of this person and any alternate(s) shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of the contract. The contractor representative and alternate(s) must be able to read, write, speak, understand English, and communicate with his crew and Government representatives.
EQUIPMENT CLEANING – INVASIVE SPECIES OF CONCERN
(a) The contractor shall ensure that any equipment intended for use during contract performance, either mechanical or otherwise, shall be free from invasive species of concern before use on this contract or any subsequent task order.
(i) Prior to commencing work on a project, the contractor shall advise the Forest Service of previous equipment cleaning measures and make equipment available for inspection upon request. Forest Service shall have 2 days, excluding weekends and Federal holidays, to inspect any equipment to ensure it is free of invasive species of concern. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds of invasive species of concern. After satisfactory inspection or after such 2 day period, the contractor may proceed with work as directed by the CO
(ii) If the contractor desires to clean equipment on National Forest land, such as at the end of a project or prior to moving to or through an area that is free of invasive species of concern, the contractor shall obtain prior approval from Contracting Officer as to the location for such cleaning and measures, if any, for controlling impacts.
(b) The Forest Supervisor’s Office maintains a current list and maps of areas known by the Forest Service that are infested with invasive species of concern and are available upon request. The parties shall promptly communicate with one another with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and addition of species to the list of invasive species of concern and any potential impact on contract operations.
PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS
(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.
(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.
(c) Improvements such as fences, gates, recreation equipment, etc. in the treatment area shall be protected by the contractor.
(d) The contractor will notify the COR immediately of any damaged structures and repair damages that have resulted from the contractor’s operations.
CLEANING UP: The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer or their designee.
PERFORMANCE TIME: All task orders issued will include contract delivery or performance schedule in terms of specific calendar dates or contract time for completion. To facilitate timely inspections, the contractor shall provide the Government of their proposed operation schedule. The contractor shall notify the Government of schedule changes.
HOURS OF WORK: All work shall be performed during the time period of one-half hour after sunrise to one-half hour before sunset, Monday through Friday, unless time changes are approved by the COR or Inspector.
FREQUENCY OF MOWING: The Government anticipates mowing to occur every 2 to 3 weeks and may request the contractor to mow more or less frequently depending on weather conditions and available funding. Specific mowing schedules should be coordinated with the Contracting Officer’s Representative (COR) for the District.
PAYMENT: Payment for work performed will be based on each job completed by the contractor and accepted by the Government.
SECTION II - DEFINITIONS
STANDARD DEFINITIONS
TERMS MEANING
Acceptable Quality Level
(AQL)
The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.
Defective Service A unit of service which contains one or more defects, or nonconformance with specified requirements.
Performance Requirements Summary (PRS)
Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.
Quality Assurance Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS)
Contracting Officer’s Representative (COR)
A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.
Government Inspector A Government person responsible for surveillance of contractor performance.
Quality Assurance Surveillance Plan (QASP)
An organized written document used for quality assurance surveillance that contains specific methods the Government will use to perform surveillance of the contractor.
Quality Control Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.
Random Sampling A sampling method in which each service output in a unit has an equal chance of being selected.
Calendar Days Every day shown on the calendar, Saturdays, Sundays and holidays included.
TECHNICAL DEFINITIONS
TERMS MEANING
Nonnative Invasive Species Noxious weeds
SECTION III – GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES
The Government will furnish the following: project area maps (1:24000) scale for each area; vicinity maps that show the general location of the areas on each unit to be mowed.
SECTION IV – CONTRACTOR FURNISHED ITEMS/SERVICES
The contractor shall furnish all the equipment, supplies and labor required to successfully accomplish the work outlined in the Performance Work Statement at the acceptable quality level.
Submittals. The contractor shall provide and maintain an acceptable Quality Control Plan, Work Plan, and Safety Plan throughout the life of this contract. The contractor shall make available to the Government any records, materials, and other evidence regarding inspection, testing, and quality control for any work performed under this contract for examination, audit, or reproduction. This requirement also applies to any subcontracts under this contract. The Contractor shall notify subcontractors appropriately and insert this requirement in all subcontracts under this contract.
SECTION V – PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS
TREATMENT STANDARDS
Litter Removal/Police Grounds. The contractor shall perform general litter patrol in the designated work area prior to commencement of mowing, edging or trimming.
Mowing. Grass shall be mowed in the areas indicated on the project maps. Grass clippings shall be removed or mulched when visible after mowing. Mowing shall be conducted in a manner that the grounds appear well-maintained at all times. Along roadways, established cleared area should be maintained.
Edging. Sidewalks, driveways, curbs, and other concrete or asphalt edges located in the designated areas shall edged as needed so that vegetation is removed from cracks in sidewalks, driveways, and curbs within .5 inch of the edged surface and to a depth of 2.0 inches.
Trimming. Grass and weeds shall be trimmed around kiosks, pay stations, camping pads, toilets, trash cans, pavilions, signs, sidewalks, parking barriers, trees, shrubs, buildings, fences, poles, posts, fire hydrants, boulders, and other fixed obstacles in the treatment area. Trimming height shall match surrounding area grass heights. All areas shall be trimmed concurrent with mowing.
Blowing of Clippings. Following mowing, edging and trimming, clippings or debris shall be blown free from the surfaces of pavilions, camping pads, picnic sites, sidewalks, roadways, etc., leaving a neat and well-maintained appearance.
SECTION VI – GOVERNMENT PUBLICATIONS & STANDARDS/INDUSTRY STANDARDS/
STATE STANDARDS/TECHNICAL EXHIBITS
• Government’s Quality Assurance Surveillance Plan
• Rapides & Vernon Parish Wage Determination: Wage Determination No.: 2005-2230, Revision No.: 13, Date Of Revision: 06/13/2012 http://www.wdol.gov/wdol/scafiles/std/05-2230.txt?v=13
• Claiborne & Webster Parish Wage Determination: Wage Determination No.: 2005-2236, Revision No.: 17, Date Of Revision: 06/13/2012, http://www.wdol.gov/wdol/scafiles/std/05-2236.txt?v=17
• Project Area Maps http://www.wdol.gov/wdol/scafiles/std/05-2230.txt?v=13 http://www.wdol.gov/wdol/scafiles/std/05-2236.txt?v=17
SECTION VII – QUALITY/PERFORMANCE STANDARDS
Performance Objective Performance Standard AQL MONITORING
METHOD
Litter Removal/ Police Grounds
Grounds are free of trash and litter. Customer complaints shall not exceed 2 in a two month period.
Verify contract records and reports; periodically witness contractor inspection; conduct independent Government inspections.
Mowing
Grass is maintained within proper height for its area. Sod does not need to be replaced.
Sod is healthy and looks well maintained
Customer complaints shall not exceed 2 in a two month period.
Verify contract records and reports; periodically witness contractor inspection; conduct independent Government
Edging
No vegetation is visible in cracks in sidewalks, driveways, and curbs within .5 inch of the edged surface and to a depth of
2.0 inches.
Customer complaints shall not exceed 2 in a two month period.
Verify contract records and reports; periodically witness contractor inspection; conduct independent Government inspections.
Trimming Grass and weeds are trimmed around fixed obstacles. Trimming height matches surrounding area grass heights.
Customer complaints shall not exceed 2 in a two month period.
Verify contract records and reports; periodically witness contractor inspection; conduct independent Government inspections.
Blowing of Clippings
Sidewalks and recreation equipment are free from mowing debris.
Customer complaints shall not exceed 2 in a two month period.
Verify contract records and reports; periodically witness contractor inspection; conduct independent Government
Negative Incentives For Not Meeting Standards: Areas not meeting the AQL will be reworked at the contractor’s expense until it reaches the AQL. Those areas that cannot be reworked will result in non-payment for that area.
The Government may also consider acceptance with consideration, less than satisfactory performance evaluation, payment reduction for percentage of work which falls below the AQL or not exercising an option year as a disincentive.
Positive Incentives For Meeting Standards: Satisfactory or Better performance rating; Exercise of Option Years;
When performance has exceeded the standard for 6 consecutive months, reduce government oversight or contractor reporting, as appropriate.
QUALITY ASSURANCE SURVEILLANCE PLAN
PERFORMANCE BASED SERVICE CONTRACT FOR NONNATIVE INVASIVE SPECIES CONTROL
NATIONAL FORESTS AND GRASSLANDS IN TEXAS
This Quality Assurance Surveillance Plan (QASP) was developed pursuant to the requirements of the Performance Work Statement (PWS). This plan sets forth procedures and guidelines that will be used in evaluating the technical performance of the contractor.
A. PURPOSE OF THE QASP
The QASP is intended to accomplish the following:
Define the roles and responsibilities of participating government officials and the contractor;
Identify the types of work to be performed and the inspections to be performed to validate adequacy;
Describe the evaluation methods that will be employed by the government in assessing the contractor’s inspection program and performance to the quality/performance standards required for each task;
Provide copies of the contractor’s inspection records and Government quality assurance monitoring forms that will be used by the government in documenting and evaluating the contractor’s performance;
Describe the process of performance documentation.
The contractor is responsible for performing inspection services pursuant to the inspection clause and for providing and maintaining the inspection forms, approved by the government, to perform the contractor’s inspection services.
The contractor has represented themselves, to be responsible for meeting the prescribed quality/performance standards in the statement of work.
B. ROLES AND RESPONSIBILITIES OF GOVERNMENT OFFICIALS
The following government officials will participate in assessing the quality of the contractor’s performance. Their roles and responsibilities are described as follows:
The Contracting Officer’s Representatives (COR) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor on the schedule of inspections submitted by the contractor and approved by the government. The COR/Inspector, if the latter is assigned to the project, will either witness the contractor’s performance of the inspections performed by the contractor or will evaluate the contractor’s inspection results as to documented findings relative to meeting the standards for each task/subtask within the statement of work. The COR will have primary responsibility for completing quality assurance monitoring forms which will be used to document the inspection and evaluation of the contractor’s work performance.
The Contracting Officer (CO) will have overall responsibility for overseeing the contractor’s performance. The CO will also be responsible for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s version and the contractor’s version.
C. TYPES OF WORK TO BE PERFORMED/SCHEDULE OF INSPECTIONS
This contract calls for the contractor to perform the following tasks and subtasks and to perform inspections at the completion of the tasks/subtasks as a minimum and/or for intermediate inspections as determined at contract award by the COR/CO.
Task/ subtask# Title When To Be
Inspected What To be Inspected Documentation
Inspection Type (100%/Periodic/
Random) All Litter Removal
Mowing Edging
Trimming Blowing of Clippings
As work is being performed and or following completion of task
Compliance with technical specifications
Contractor Records/ Data/Reports
COR/Inspector Daily Diary
Periodic
Random
D. METHODS OF SURVEILLANCE
The government, through the COR, will monitor the contractor’s performance on a continuous basis. The method the government will use is identified in C above. The COR/Inspector will first verify the results of the contractor’s inspection, completeness and adequacy of the documentation of the contractor’s inspection results. The government COR will perform periodic independent inspections after the contractor has performed their inspection if questions develop regarding the results of the contractor’s inspections.
E. QUALITY ASSURANCE (QA) FORMS AND REPORT
1. The COR will use a quality assurance monitoring form to document and evaluate the contractor’s performance under the contract. This can consist of a form, a memo for record, or an entry in a daily/weekly diary. The form, when completed, will document the COR’s understanding of what the contractor was supposed to do, what was actually done, and the impact or consequences of what was done. The documentation will also identify the additional steps required of the contractor if there is a nonconformance.
2. The COR will judge each event in accordance with the performance standards and performance requirements stated in the Quality/Performance Standards.
3. The COR must substantiate all tasks which he judges to be indicative of “unacceptable” performance.
Performance at the “acceptable” level is expected and need not be substantiated.
4. In accordance with Section C above, the contractor shall furnish to the COR copies of all inspection forms generated by the contractor witnessing inspections performed. The COR will forward copies of all completed QA monitoring forms to the CO and contractor inspection records prior to processing payments. The contractor is required to respond in writing to any negative QA monitoring form(s) within 5 working days after receipt of the form(s).
F. ANALYSIS OF SURVEILLANCE RESULTS
1. The CO will review each QA monitoring form prepared by the COR. When appropriate, the CO may investigate the event further to determine if all the facts and circumstances surrounding the event were considered in the COR’s opinion outlined on the forms. The CO will immediately discuss every event receiving a substandard rating on the forms. The CO or their designee will discuss events receiving a substandard rating with the contractor to assure that corrective action is promptly initiated.
2. Upon completion of the contract/task order the COR will perform a performance evaluation of the contractor using the results documented as above and provide to the CO for further action.
CONTRACT TERMS AND CONDITIONS
The following FAR Clauses are incorporated by reference. (See www.acquisition.gov/far for full text.)
52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.204-7 System for Award Management. (JUL 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. (JAN 2014) 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds – Construction. (OCT 2010) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.246-20 Warranty of Services. (MAY 2001) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (JUN 2016)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19
U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] http://www.acquisition.gov/far https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ http://uscode.house.gov/
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009
(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.
109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div.
C).
X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub.
L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41
U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT
2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Oct 2015) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15
U.S.C. 657 f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-
Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).
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X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
(JUN 2016) (E.O. 13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s
13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.
13513).
__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).
X (45) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
__ (46)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
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__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
X (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple
Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May
2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
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