0a._Sects_B-M__AG82ATS170020_07172017.docx

Solicitation No. AG-82AT-S-17-0020 Arapaho Roosevelt NF’s and Pawnee NG, Clear Creek Ranger District CCRD Janitorial Services Page 59 of 61

Continuation of SF 1449

Block 27: The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov/far/html/FARTOCP52.html.

Non Discrimination Statement 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 of 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, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).

For more information on biobased program and biobased products, refer to the links under Section C.8.1. and C.8.2.

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Table of Contents

SECTION B – SCHEDULE OF ITEMS 7

SECTION C – DESCRIPTION/SPECIFICATIONS 10

SECTION D – PACKAGING AND MARKING 13

SECTION E – INSPECTION AND ACCEPTANCE 14

SECTION F – DELIVERIES OR PERFORMANCE 15

SECTION G – CONTRACT ADMINISTRATION DATA 16

SECTION H – SPECIAL CONTRACT REQUIREMENTS 18

SECTION I – CONTRACT CLAUSES 21

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 40

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS 41

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS 57

SECTION M - EVALUATION FACTORS FOR AWARD 59

SECTION B – SCHEDULE OF ITEMS

BASE AWARD: AWARD DATE TO 30 SEPTEMBER 2017

*1 Office (Off) - During the months of November through April, work shall be performed Mondays, Wednesdays, and Fridays (3 days per week). During the months of May through October, work will be performed Mondays to Fridays (5 days per week).

*2 Work Center (WkCtr) - During the months of November through April, work shall be performed every Friday (1 day per week). During the months of May through October, work will be performed Mondays, Wednesdays, and Fridays (3 days per week).

OPTION YEAR ONE (1): 1 OCTOBER 2017 TO 30 SEPTEMBER 2018

1 Office (Off) - During the months of November through April, work shall be performed Mondays, Wednesdays, and Fridays (3 days per week). During the months of May through October, work will be performed Mondays to Fridays (5 days per week).

*2 Work Center (WkCtr) - During the months of November through April, work shall be performed every Friday (1 day per week). During the months of May through October, work will be performed Mondays, Wednesdays, and Fridays (3 days per week).

OPTION YEAR TWO (2): 1 OCTOBER 2018 TO 30 SEPTEMBER 2019

*1 Office (Off) - During the months of November through April, work shall be performed Mondays, Wednesdays, and Fridays (3 days per week). During the months of May through October, work will be performed Mondays to Fridays (5 days per week).

*2 Work Center (WkCtr) - During the months of November through April, work shall be performed every Friday (1 day per week). During the months of May through October, work will be performed Mondays, Wednesdays, and Fridays (3 days per week).

OPTION YEAR THREE (3): 1 OCTOBER 2019 TO 30 SEPTEMBER 2020

*1 Office (Off) - During the months of November through April, work shall be performed Mondays, Wednesdays, and Fridays (3 days per week). During the months of May through October, work will be performed Mondays to Fridays (5 days per week).

*2 Work Center (WkCtr) - During the months of November through April, work shall be performed every Friday (1 day per week). During the months of May through October, work will be performed Mondays, Wednesdays, and Fridays (3 days per week).

OPTION YEAR FOUR (4): 1 OCTOBER 2020 TO 30 SEPTEMBER 2021

*1 Office (Off) - During the months of November through April, work shall be performed Mondays, Wednesdays, and Fridays (3 days per week). During the months of May through October, work will be performed Mondays to Fridays (5 days per week).

*2 Work Center (WkCtr) - During the months of November through April, work shall be performed every Friday (1 day per week). During the months of May through October, work will be performed Mondays, Wednesdays, and Fridays (3 days per week).

SECTION C – DESCRIPTION/SPECIFICATIONS

C.1. GENERAL REQUIREMENTS

C.1.1 Introduction / Purpose The USDA Forest Service has a requirement for janitorial services performed on a government administrative building. The intent of this solicitation and any resultant contract is for furnishing all material, labor, transportation, cleaning supplies and supervision necessary for janitorial services at the Clear Creek Ranger District

C.1.2 Scope of Work The work entails but is not limited to daily, weekly, monthly and quarterly cleaning tasks to meet the contract terms that include, but are not limited to: maintain floors (sweeping and mopping); trash removal; cleaning interior glass/mirrors; clean drinking fountains; clean lighting and bulb replacement; vacuuming carpets; cleaning and disinfecting specified areas; re-stocking supplies; and cleaning interior/exterior windows.

The contractor shall furnish/supply all the following inclusive but not limited to labor, supervision, materials, tools, equipment, transportation, permits, insurance, and any human resource support for employee’s performing under the contract (e.g. Workman’s Compensation, Unemployment and Transportation) to ensure that custodial services performed at the Clear Creek Ranger District Office and Work Center in a manner that will maintain a satisfactory facility condition and present a clean, neat and professional appearance.

C.1.3 Location All work shall be performed at the Office located at Clear Creek District, 101 Highway 103, Idaho Springs, CO 80452 and the Work Center Conference Room and Restroom located at #4 County Road 314, Idaho Springs, CO 80452. Clear Creek County.

C.1.4 Description of Work Area The office area (first and second floors) total square foot is 7000. The work center conference room is 1675 sq. ft. and the work center restroom is 120 sq. ft. Please note: For the District Office location, the large conference room in the front, kitchen, storage room and front bathrooms will be blocked off during the construction from now until the end of August 2017.

C.2. CONTRACT PERIOD

The contract base period of performance is Award through 30 September 2017. There will be four (4) one (1) year optional years that may be exercised at the discretion of the Government subject to the availability of funds clause.

C.3. DEFINITIONS

Contracting Officer (CO) The Government Official with the authority to enter into, administer contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority.

Contracting Officer’s Representative (COR) A Government person appointed by the Contracting Officer to assist the Contracting Officer with contract administration and surveillance. COR authority is outlined in a delegation from the CO.

Inspector A Government person responsible for surveillance of contractor performance as designated by the Contracting Officer Representative.

Defective Service A unit of service which contains one or more defects or nonconformance with specified requirements.

Customer Feedback Customer feedback is firsthand information from the actual users of the service.

C.4. GOVERNMENT FURNISHED PROPERTY AND SERVICES

C.4.1 The Government will provide plastic trash bags, hand soap, paper towels, toilet paper, toilet seat covers, and light bulbs. The Contractor shall be liable for all loss or damage of such delivered Government furnished property until completion of and final acceptance of work required under this contract.

C.4.2 The Contracting Officer's Representative (COR), will provide the Contractor a checklist to use to check off services done on each work day.

52.245-1 Government Property. (JAN 2017)

C.5. CONTRACTOR FURNISHED SUPPLIES, MATERIALS AND EQUIPMENT

C.5.1. General Except for those items or services specifically stated in Section C.4 as Government furnished, the Contractor shall furnish everything needed to perform this contract according to all its terms.

C.5.2. Cleaning Products The Contractor will provide carpet shampoo, rags, and non‐toxic cleaning products necessary to adequately meet the cleaning specifications. The Contractor shall submit a list of cleaning products to be used on the contract to the Contracting Officer prior to the start of work. The Contractor shall furnish all Material Safety Data Sheets (MSDS) for any materials with dangerous labels or warning labels.

The Contractor shall provide all nontoxic cleaning products, vacuum, carpet cleaner, and shampoo, rags, and any other cleaning supplies and equipment necessary to adequately meet the cleaning specifications and to perform this contract according to all its terms. No flammable or explosive liquids such as gasoline will be stored. The Contractor shall submit a list of cleaning products to be used to the Contracting Officer’s Representative (COR) for approval at the pre-work conference. The Contractor shall furnish all Material Safety Data sheets (MSDS) for any materials with dangerous or warning labels. If a piece of equipment needs repair or is determined unsafe by the COR, the Contractor shall immediately stop using the equipment. Defective equipment shall be repaired or replaced within 72 hours.

C.6. SPECIFICATIONS

C.6.1 Government Responsibilities The Government will not be responsible for damage occasioned by fire, theft, accident or otherwise, to the Contractor's supplies, materials, or equipment in storage, or the Contractor's and the Contractors’ employee's personal belongings brought into the building.

C.6.2. Contractor Responsibilities The Contractor is responsible for loss, theft, damage, or destruction of any Government or personal items belonging or assigned to the occupant or user in any office, or other rooms of the facility when such acts can be proven beyond a reasonable doubt to be the fault of the Contractor or one of the Contractors’ employees.

The Contractor shall not employ persons for work on this contract if such employee is considered by the COR to be a potential threat to the health, safety, security, general well-being, or operational mission of the District.

Anyone employed by the Contractor must be 16 years of age or older. No one under the age of 16 shall be permitted in the building or on the premises. The Contractor shall ensure that no one but the Contractor and/or the Contractors’ employees have knowledge of any security codes to the District alarm system.

The Contractor is also responsible for ensuring that his/her employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones or equipment, except as authorized in writing by the COR.

Contractor shall supply some type of identification that must be worn at all times while in the building by Contractor and the Contractors’ employees.

Contractor shall establish and implement methods of ensuring that all keys issued by the government are not lost, misplaced or used by unauthorized persons. Contractor shall inform COR of any items in need of repair.

C.6.3. Specifications and Cleaning Schedule Refer to the Appendix A, Specifications and Requirements Schedule under Section J, Attachments.

452.211-72 Statement of Work/Specifications. (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Specifications (Appendix A) referenced in Section J.

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) The attachments to the Specifications (Appendix A) listed in Section J are hereby made part of this solicitation and any resultant contract.

C.7 DELIVERABLES

1. Quality Assurance Plan (See Section E)

2. Safety Plan (See Section H)

3. Checklist for work completion (See Section C.4)

4. Employee List (See Section H)

C.8. SUSTAINABLE PRODUCTS

The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer.

C.8.1. In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

· Competitively within a time frame providing for compliance with the contract performance schedule;

· Meeting contract performance requirements; or

· At a reasonable price.

· Information about this requirement and these products is available at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

C.8.2. The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

1. October 31 of each year during contract performance; and

2. At the end of contract performance.

3. Information about this requirement is available at https://www.biopreferred.gov/BioPreferred/ 4.

SECTION D – PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E – INSPECTION AND ACCEPTANCE

E.1 QUALITY CONTROL/ASSURANCE

E.1.1 Contractor Quality Control The Contractor shall develop and maintain a quality program to ensure custodial services are performed in accordance with commonly accepted commercial practices, which may include service checklists or reports. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. At a minimum, the Contractor shall develop quality control procedures addressing the areas identified in the Specifications and Requirements Schedule (Appendix A). The Contractor will complete the janitorial checklist after every visit and will provide a copy to the COR for review.

E.1.2. Quality Assurance The Government will perform bi-monthly inspections to evaluate the Contractor’s performance and quality of work in accordance with the Service Delivery Summary (SDS) (Appendix B) and the Performance Requirements Summaries (PRS) (Appendix C). Appendices B and C consist of random inspection/sampling of the Contractor’s work Performance as outlined in Appendix A. The Government will record the results of these random inspections/samples of the Contractor’s performance on the Quality Assurance Checklist (Appendix D).

At any time when work is performed and is not in compliance with specifications, Contractor will be informed and required to correct the deficiencies in accordance with FAR 52.246-4, Inspection of Services – Fixed Price. Acceptance of work will be determined by inspection of the entire job and will be based on adherences to the specifications. The COR will record the results of these inspections on a Quality Assurance Checklist, Appendix D. Inspections will be conducted more frequently as deemed necessary by the COR.

E.1.3. Government Remedies The Contracting Officer may issue a warning in the form of a Notice of Noncompliance for work that does not conform to the contract requirements. The Contractor will be given a specified period of time to correct the issue(s) as determined and documented in the Notice of Noncompliance. Additional breaches of contract may be addressed under a Cure Notice or Termination for Default, depending on the severity of the offense, in accordance with FAR 52.212.4, Contract Terms and Conditions‐Commercial Items. Whether or not to issue a warning, cure notice or termination is solely at the Contracting Officer’s discretion in response to the Contractor’s failure to perform satisfactory services or failure to correct non‐conforming services.

SECTION F – DELIVERIES OR PERFORMANCE

452.211-74 Period of Performance. (FEB 1988) The base period of performance for this contract is from the Date of Award through 30 September 2017.

452.211-75 Effective Period of the Contract. (FEB 1988) The effective period of this contract is an estimated 43 calendar days from the date of award. There will be four (4) one (1) year options that may be exercised at the discretion of the Government.

F.1 SUSPENSION OF WORK BECAUSE OF WEATHER CONDITIONS

F.1.1. The Contracting Officer may authorize a total suspension of work if, as determined by the Contracting Officer, the Contractor is working during weather conditions which may result with any of the following:

F.1.1.1 Potential damage to the forest environment or forest roads.

F.1.1.2 The work environment is hazardous to persons working on the project.

F.1.1.3 Conditions exist which prohibit the Contractor from performing the work in accordance with the contract specifications.

F.1.2. The Contracting Officer may authorize a total suspension of work until such weather conditions have passed and work can proceed. A total suspension of work may last only one calendar day or as long as several consecutive months, depending on conditions.

F.1.3. A total suspension of work may also be authorized by the Contracting Officer, upon written notice from the Contractor requesting a suspension because of one or more of the conditions listed under paragraph 1, above.

F.1.4. While contract time is suspended, the calendar days elapsed will not be charged against contract time.

F.1.5. The Contractor will not be eligible for any monetary compensation as a result of the implementation of this clause.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 INVOICES & PAYMENTS

G.1.1. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s) or email to the COR for review prior to IPP invoice approval for payment. If the itemized invoice has not been reviewed and approved by the COR, the IPP payment request will be rejected. Please follow the minimum requirements to ensure a successful payment process.

IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone Contract Number

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

G.1.2. Payments and Deductions.

Payment will be made for fully acceptable work at the prices bid in the schedule of items. As a result of any periods of non-compliance, the contractor may not be authorized to invoice for the noncompliant/nonperformance dates.

G.2 FOREST SERVICE REPRESENTATIVES:

Klenise Wallace shall serve as the Contracting Specialist administering this contract and is the contact on all things concerning this contract. The Contracting Specialist can be reached at klenisewallace@fs.fed.us or 970-295-6680. The signing Contracting Officer (CO) is Christina Cook. She can be reached at christinaacook@fs.fed.us or 970-295-6635. The Contracting Officer has full warrant authority over all contract issues.

The Contracting Officer Representative (COR) is Karen Mighell. The COR can be reached at kmighell@fs.fed.us or 303-567-3028. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

G.3 CONTRACT ADMINISTRATION DATA

Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract issuance of the contract and a copy of the designation letter will be furnished to the Contractor. Limits of authority are described in each designation letter.

Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

Contract Release The following supplements the Payments clause in Section G:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTOR PERSONNEL

H.1.1 Contractor Manager / Contractor Representative The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent 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 this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English.

H.1.2 Contractor Employees The Contractor shall supply the Forest Service with a list of names, addresses and phone numbers of all employees who, at any time, assist in cleaning.

H.1.2.1 The Contractor shall not employ persons for work on this contract if such employee is considered by the Contracting Officer to be a potential threat to the health, safety, security, general well‐being, or operational mission of the office.

H.1.2.2 The Contractor shall supply some type of identification that must be worn at all times while in the building by the Contractor and the Contractor’s employees IAW FAR 204-9, Personal Identity Verification of Contractor Personnel.

H.1.2.3 Anyone employed by the Contractor must be 16 years of age or older. No one under the age of 16 shall be permitted in the building or on the premises.

H.1.2.4 The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. The Contractor shall be responsible for taking such disciplinary action with respect to his/her employees as may be necessary. The Contractor is also responsible for ensuring that his/her employees do not disturb paper on desks, open desk drawers or cabinets, or use Government telephones or equipment except as authorized in writing by the Contracting Officer.

H.1.2.5 Contractor Personnel performing on this contract must be able to speak, read and write in English.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contracts Manager, Supervisor

(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.

(End of Clause)

H.2 SAFETY

H.2.1 Safety Contractors are subject to all applicable State and Federal OSHA rules and regulations. At time of award, the contractor shall submit to the COR the Material Safety Data Sheets (MSDS) with the intended use of each of the solutions the contractor proposes to use in the performance of work. MSDS sheets shall be supplied to the COR prior to using the items in the buildings. The contractor shall not use any materials in which the COR determines to be unsuitable for the work, or harmful to the surfaces it is intended to be applied to. This does not relieve the contractor of any damages resulting from the application of such materials. All containers used shall be clearly marked with manufacturer, type of chemical and intended usage. Mixing of chemicals is not allowed.

All equipment used in the process of cleaning the facilities shall be kept in safe working condition. All equipment used shall be inspected prior to each use. The contractor shall remove damaged equipment from service until repairs are made or equipment replaced.

H.2.2 Safety Plan

H.2.2.1 The Contractor shall provide a copy of their safety plan at the pre-work meeting.

H.2.2.2 The Safety Plan should be available to all employees and subcontractors working on the contract.

H.2.2.3 The Safety Plan should cover at a minimum:

H.2.2.3.1 Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

H.2.2.3.2 Personal Protective Equipment required for the work under the contract

H.2.2.3.3 Appropriate OSHA requirements for the type of work under the contract

H.2.2.3.4 Weather considerations for the time of year of the contract.

H.2.2.3.5 Communication issues and locations of the nearest medical facilities to the job site.

H.2.2.3.6 Emergency numbers to contact if an accident happens.

H.2.3 Conditions Affecting the Work The Offeror shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by the Offeror to do so will not relieve the Offeror from responsibility for successfully performing the work without additional expense to the Government. The Government assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of a contract, unless such understandings or representations by the Government are expressly stated in the resulting contract.

H.3 ENERGY CONSERVATION

The contractor shall turn on lights in rooms only during the time needed to perform the required work. The contractor will insure that all lights, except those required to remain on, are turned off in each room as it is completed.

H.4 FIRE PREVENTION

H.4.1 Fire prevention shall be exercised at all times by the Contractor and his/her employees. All combustible materials shall be used and stored in a safe manner. The contractor shall report to the CO/COR any fire hazards and, if possible, correct them.

H.4.2 Fire prevention shall be exercised at all times by Contractor and his/her employees. All combustible material shall be used and stored in a safe manner. Contractor shall report to the COR any fire hazards, and if possible, correct them.

H.5 SECURITY

H.5.1 All outside doors shall remain locked while Contractor performs the work. Contractor shall ensure that all exterior doors are locked prior to departure. Contractor shall also ensure that the Office security alarm is deactivated during work if the building is unoccupied and enabled when leaving the building, that all unnecessary lights and faucets are turned off, and all windows are closed.

H.5.2 The Contractor shall not adjust any mechanical equipment controls, will report any fires and hazardous conditions, turn in lost and found articles, and notify the COR when an unauthorized or suspicious person is seen on the premises.

H.5.3 The Contractor shall immediately notify the COR if any problems are encountered with the alarm or if any keys are lost.

H.6 PRE-WORK CONFERENCE

A pre-work conference will be held at the District office after award of the contract. The successful Offeror to whom award has been made shall attend this meeting. The conference is held so the Offeror and the offerors’ employees can meet with Forest Service personnel to discuss the specifications, schedule of work, and other matters pertaining to the contract.

SECTION I – CONTRACT CLAUSES

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the…