SF-18_Solicitation_AG-8379-S-17-0006_SF_NF_Archaeological_Site_Thinning.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 53

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-8379-S-17-0006 April 03, 2017 847350

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

SANTA FE NATIONAL FOREST

NORTHERN ACQUISITION MANAGEMENT ZONE

11 FOREST LANE

SANTA FE, NEW MEXICO 87508

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION

NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

REBECCA BAISDEN (COR)

JOSEPH VAROZ (ACO)

829-3535 438-5341

NAME OF CONSIGNEE

8. TO:

NAME COMPANY STREET ADDRESS

STREET ADDRESS CITY

CITY STATE ZIP CODE STATE ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO

jvaroz@fs.fed.us IN BLOCK 11(b) ON OR

BEFORE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the e-mail address in BLOCK 11(b). This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

April 18, 2017, 10:00 AM MDT

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

1.

SF NF Cultural Resources Thinning Requirements

Contract

The Santa Fe National Forest has an opportunity for a

Requirements Contract to provide fuels thinning on archaeological sites. This is a 100% HUBZone Set-

Aside project. Contractor shall provide all labor, materials and equipment necessary to fulfill the

Scope of Work.Note: All bidders are required to submit a written offer to be considered for award.

Please include all applicable taxes in your quote. All quoters must be registered in SAM.gov and must have a valid DUNS number in order to be considered for award.

Offers shall be emailed to: jvaroz@fs.fed.us . All offers must be received no later than 10:00 A.M.

MDT on April 18, 2017.

hour

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a) mailto:jvaroz@fs.fed.us mailto:jvaroz@fs.fed.us

SANTA FE NATIONAL FOREST

Cultural Resources Site Fuels Thinning Solicitation

**100% SBA Certified HUB Zone Small Business Set-Aside**

INDEX

PART 1 – THE SCHEDULE Page

SECTION B – SCHEDULE OF ITEMS...……………………………………............................................................... …4

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK……………………………………... …5

SECTION D – PACKAGING AND MARKETING…………………………………………………………………… …6

SECTION E – INSPECTION AND ACCEPTANCE.................................................................................................... .. …6

SECTION F – DELIVERIES OR PERFORMANCE……………………………………………………………………...7

SECTION G – CONTRACT ADMINISTRATION DATA……………………………………………………………….8

SECTION H – SPECIAL CONTRACT REQUIREMENTS………………………………………………………………9

PART II – CONTRACT CLAUSES……………………………………………………………………………………13

SECTION I – CONTRACT CLAUSES………………………………………………………………………………… 13

PART III – LIST OF DOCUMENTS AND OTHER ATTACHMENTS……………………………………………40

SECTION J – LIST OF ATTACHMENTS………………………………………………………………………………40

PART IV – REPRESENTATIONS AND INSTRUCTIONS

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

RESPONDENTS………………………………………………………………………………………………………….40

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS…………..41

SECTION M – EVALUATION FACTORS FOR AWARD……………………………………………………………..44

SECTION B

Santa Fe NF Archaeological Site Thinning

**100% SBA Certified HUB Zone Small Business Set-Aside**

B. 1. Basis for Award: The Government anticipates award of one contract to the quoter who provides the best over-all value to the Government through the evaluation of price and non-price factors. Evaluation factors are listed in section M of this RFQ. Non price factors, when combined, are significantly more important than price.

B.2. Authorized Ordering Activities: Specific work will be performed under a task order.

The Task Order shall be in written form. Task Orders will be sent electronically and shall be followed with original signed acknowledgment to and from both parties. Task Orders shall only be issued by Warranted Contracting Officers in the Northern New Mexico AQM Zone.

Additional task orders may be issued throughout the work season, as needed. Task Orders will be issued for a specific number of hours required for each project area.

B.3. Exercise of Option Year: Exercise of Option Year is not guaranteed.

Exercise of option year one will be contingent on satisfactory performance of the Scope of

Work on all Task Orders issued during the base year as determined by the Contracting

Officer and Contracting Officer Representative and is also subject to the availability of

Government funding.

B. 4. Quote on All Items: Quote on both the Base and Option Year 1.

B.5. Written Acceptance: Any contract resulting from this solicitation will require written acceptance within 7 calendar days of receipt by the Contractor.

B.6. Prices for Years 2018-2019: The Economic Price Adjustment clause does not appear in this solicitation. Rather, Offerors are asked to propose prices for fiscal years 2018 through 2019 at this time. The new hourly prices would go into effect at the time of renewal, should the option be exercised.

B.7. Location and Description

The general locations of the project areas are on the Santa Fe National Forest located in New

Mexico. Each Task Order will contain the specific project area locations and maps and will be guided to the archaeological sites by a COR – USFS Archaeologist.

B.8. Minimum

The minimum amount a contractor can expect to be awarded is $30,000.00 per Task Order.

B.9. Maximum

The maximum amount a contractor can expect to be awarded is $200,000.00 per Task order.

B.10 - SCHEDULE OF ITEMS

Item No.

Description

Estimated

Quantity

(Hours)

Unit (Hour)

Base Year (2017-

2018)

Option Year 1

(2018-2019)

#1 10 Person

Thinning Crew w/All Equipment necessary to perform the SOW

TBD

Name of Contractor Signature Date

Federal Tax I.D. No. Duns No.

This solicitation is a 100% HUBZone Set-Aside project. Only SBA Certified HUBZone Small

Businesses are eligible to compete.

Questions regarding this solicitation shall be submitted VIA E-MAIL to both the CO and COR no later than Monday, April 10, 2017 at 4:00 PM MDT.

OFFERS ARE DUE BACK BY: April 18, 2017, 10:00 AM MDT

Offerors shall be registered in the System for Award Management (SAM.gov) and shall enter their Representations and Certifications online in order to be considered for award.

OFFERS THAT DO NOT INCLUDE A SEPARATE TECHNICAL AND BUSINESS

RESPONSE WILL NOT BE CONSIDERED FOR AWARD. Refer to AGAR 452.215-71

NOTE:

Item to be quoted on a per hour basis is a contractor crew of 10-persons.

Include all applicable taxes in your quotation.

Actual hourly quantities will be specified via Task Orders and are dependent on availability of

Government funding and availability of Government personnel to administer this work.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Introduction

The Santa Fe National Forest intends to award a contract for fuels reduction treatments on approximately 1,200 archaeological sites across the Santa Fe National Forest. The contractor shall provide a 10-person crew to hand thin, pile debris, remove slash, buck logs, and prune trees while being observed by a team of Forest Service Archaeologists.

The objective is to reduce fuel loading on archaeological sites to mitigate the effects of prescribed fire and wildfire on cultural resources.

Scope of Contract:

Treatments shall include directional felling, bucking, pruning, piling slash, removing slash, and hand-carrying cut debris from archaeological sites. All debris will piled outside of designated archaeological site boundaries. Project sites are scattered and range in size from several square feet to several acres. A majority of the archaeological sites measure less than 100’ x 100’. Forest Service archaeologists will accompany the contractor to each archaeological site, discuss specific treatments needed, and will monitor all work as it occurs.

High clearance 4x4 vehicles will be needed. At least one UTV with high flotation tires, to minimize ground disturbance, capable of carrying a pay load of brush, logs and debris is recommended. Site accessibility varies; some sites are close to roads others can only be reached by foot or UTV. The foreman and at least one other crew member shall be fluent in English. It is anticipated that the contractor will work five days a week, 8 hours per day. The daily work schedule will be agreed upon between the contractor and the COR. Changes in work location areas may occur over the course of the contract due to factors beyond U.S. Forest Service control such as inclement ground/weather conditions. If this occurs the COR and contractor will agree to a meeting time and place for the following day. Forest Service Archaeologists will accompany the contractor to the site and subsequent sites throughout each day. Each work day begins when the contractor arrives at the daily designated meeting place previously agreed to by the COR and the contractor and shall stop when the contractor arrives at the designated meeting place at the end of each work day.

Prior to beginning work all contractor personnel will be instructed about the sensitivity of archaeological sites and their historic significance by Forest Service archaeologists. Work crews will be educated regarding the illegality and penalties for collecting artifacts on federal lands to avoid violating the Archeological Resource Protection Act (ARPA) and other federal laws.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

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 30 days. This notice shall state either--

(1) That the Contractor shall correct or re-perform any defective or nonconforming services; or

(2) That the Government does not require correction or re-performance.

(c) If the Contractor is required to correct or re-perform, it shall be at no cost to the Government, and any services corrected or re-performed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or re-perform, the Contracting

Officer may, by contract or otherwise, correct or replace with similar services and charge to the

Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or re-performance, the Contracting Officer shall make an equitable adjustment in the contract price.

http://www.acquisition.gov/far/

SECTION F – DELIVERIES OR PERFORMANCE

F- 1 Contract Period and Renewal Option: The contract period shall extend for one year from date of award. However, at the option of the Government, the contract may be renewed for additional one-year period, at the same terms and conditions. The Government will notify the Contractor of its intent to renew not less than sixty (60) calendar days prior to the expiration of the current contract period.

F- 2 Contract Time:. (See Period of Performance definition (next clause)). The Contractor shall start work promptly after receipt of a Task Order and the applicable schedule. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time specified in each Task Order will generally not exceed a required rate of progress exceeding that determined from the accepted work plan. Specific Contract Time will be determined on each Task Order.

F- 3 AGAR 452.211-74 Period of Performance [Of the Contract] (FEB 1988)

The period of performance of this contract is from the date of award through last option period. Task

Orders period of performance may extend past the expiration of this contract with all the terms and conditions of this contract remaining in full force until the Task Order expires.

Contract Year Start of Contract/Option Date

Basic Year Award Date of Contract thru 365 days

Option 1 Exercise of option thru 365 days

The Government will issue a Schedule in each Task Order as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified in the

Schedule.

SECTION G – CONTRACT ADMINISTRATION DATA

G- 1 - Measurement and Payment: Payment on Task Orders will be made at the rates shown in the

Schedule of Items. Successful completion will be determined by Government inspection and acceptance as the thinning operations occur.

(a) Quantity of measure. Visual inspection per the contract Scope of Work.

(b) Payment. Payment will be made at the unit price when all specifications have been complied with and will be made as follows:

Thinning: Hours worked and observed by COR times the hourly rate in the schedule of items.

Example: 5 hours x $30/hour = $150

SECTION H--SPECIAL CONTRACT REQUIREMENTS

HSCR1 Proposed preparation costs are at the expense of the offeror and will not be reimbursed.

HSCR1.1 Award Decision. Whenever possible, award will be made without discussions. Award will be made based on the best value to the Government.

HSCR2 Contractor Access: Contractor will be accompanied by Forest Service Archaeologists at all times. The

Forest Service will provide access to all forest fuels thinning areas.

HSCR3 Performance Time: Proposal will include contract delivery or performance schedule in terms of specific calendar dates or contract time for completion.

HSCR4 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.

HSCR5 REQUIRED INSURANCE:

The contractor shall acquire and maintain the following minimum insurance during performance of the work:

1. Workers Compensation and Employer’s Liability Insurance.

2. General Liability Insurance. Bodily injury in the minimum amount of $500,000 per occurrence shall be required on the comprehensive form of the policy.

3. The Contractor shall procure and maintain during the term of this contract, and any extension thereof, public liability insurance in accordance with 14 CFR 298. The parties named insured under the policy or policies shall be the Contractor and the United States of America.

Prior to commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a Certificate of

Insurance, with the above coverages documented in the amounts required. The policies evidencing the required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such periods as may be prescribed by the laws of the state in which work is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer

HSCR6 CONTRACTING OFFICER AUTHORITY: The Awarded Contractor is hereby notified that ONLY the Contracting Officer, acting within the scope of the contract, and after consultation with any CORs, has the authority to make changes which affect:

Contract prices and pricing issues;

Delivery terms and conditions;

Terms of the contract

In no event shall any understanding, agreement, modification, or change order between the Contractor and a

Government person or any individual other than the Contracting Officer be effective or binding upon the

Government. Contractor shall not proceed with change unless that change is reduced to writing and agreed upon and signed by the Contracting Officer.

This agreement is the entire agreement, terms and conditions, between the Government and the Contractor; any dispute that arises over the performance of this agreement shall be decided in order of precedence by the Schedule, the Statement of Work, the Clauses, and Provisions.

H.1 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

CONTRACTOR REPRESENTATIVE

FOREMAN/WOMAN

INSPECTOR

(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.

H.2 PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by

Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

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

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard

Z87.1-2003.

8. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., power-type cleaning equipment.

H.3 FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor's fault or negligence. The

Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

H.4 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES AND IMPROVEMENTS (APR 1984)

H.5 INCLEMENT WEATHER

When inclement weather sets in, and the work is impractical, upon written request by the contractor, the

Contracting Officer may authorize a total suspension until such weather has passed, and work can proceed.

During period of total suspension, the calendar days elapsed will not be charged against the contract time specified.

H.6 Cancellation or Change of Required Worker’s Compensation Insurance Clause.

There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty days written notice from the Contractor or its insurer(s) to the

Contracting Officer. There shall be no lapse in the required coverage or any reduction in required limits during the life of this contract. Any failure to comply with the requirements of this clause shall constitute default of Contract and may be grounds for immediate termination for default of this Contract.

H-7 - Use of Premises (AGAR 452.236-72) (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA lands or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall

(1) provide and maintain sanitation facilities for the workforce at the site, and

(2) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H-8 – Pre-work Conference: Prior to commencement of work a pre-work conference may be scheduled.

If held, the Contractor shall attend the meeting to review the contract terms and work performance requirements. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, Safety plans, and Santa Fe National Forest Fire Plan shall be reviewed and finalized in writing.

H-9 - Camping and Worksite Conditions: The Contractor shall obtain a camping permit from the

National Forest the work is being performed on, prior to camping on Forest Service land. Final payment shall be withheld until the authorized camping areas have been cleaned up to the requirements of the

Camping Permit.

H-10 - Safety Plan: The Contractor shall prepare a Safety Plan, outlining actions that will be taken to perform work in a safe manner. The Safety Plan must address how Contractor will assess the work site to determine if it is safe to work in the area, and how conditions will be monitored for changing conditions.

The Safety Plan shall also address the personal protective equipment and mitigating measures the

Contractor will do to increase safety on the worksite. .

H-11 - Contractor's Representative: All work under this contract shall be performed in a skillful and professional manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

The Contractor's onsite representatives (Foreman/Woman & Crew Lead) shall be fully conversant in the

English language.

H-12 – Program of Work: Work shall be performed in an organized systematic manner. The COR or

Inspector will decide the order in which each archaeological site will be approached and thinned.

H-13 - AGAR 452.236-77 Emergency Response(NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting

Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire-fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-

4.

PART II--CONTRACT CLAUSES

SECTION I—SOLICITATION PROVISIONS & CONTRACT CLAUSES

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/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions

52.203-3 Gratuities.

52.203-5 Covenant Against Contingent Fees.

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY

2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-11 -- Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions.

As prescribed in 3.808(a), insert the following provision:

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep

2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C.

1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-

12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled

“Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference it his provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P104_16581 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P134_19986 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P149_21398 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/03.htm#P452_77052 its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of Provision)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-13 Contractor Code of Business Ethics and Conduct.

52.203-14 Display of Hotline Poster(s).

52.203-16 Preventing Personal Conflicts of Interest

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights

52.204-1 Approval of Contract.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

52.204-6 Data Universal Numbering System Number

52.204-9 Personal Identity Verification of Contractor Personnel

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

52.204-13 System for Award Management Maintenance.

52.204-14 Service Contract Reporting Requirements

52.204-16 Commercial and Government Entity Code Reporting

52.204-17 Ownership or Control of Offeror.

As prescribed in 4.1804(b), use the following provision:

Ownership or Control of Offeror (July 2016)

(a) Definitions. As used in this provision—

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the

Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P294_47455 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P350_56702 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P384_59256 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P450_66840 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P481_73136 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P539_80211 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P535_76936 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P671_92667 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P702_99880 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P759_109238 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P770_109785 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P873_113498

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:________________________________________

Immediate owner legal name:_________________________________________ (Do not use a

“doing business as” name)

Is the immediate owner owned or controlled by another entity?:

[ ] Yes or [ ] No.

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest level owner CAGE code:________________________________________

Highest level owner legal name:_________________________________________ (Do not use a

“doing business as” name)

(End of provision)

52.204-18 Commercial and Government Entity Code Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation.

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JAN 2005) (Applicable if contract exceeds

$25,000)

52.209-7 – Information Regarding Responsibility Matters.

As prescribed in 9.104-7(b), insert the following provision:

Information Regarding Responsibility Matters (Jul 2013) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P843_121089 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P856_123591 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P891_130989 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1094_157059 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/09.htm#P78_18572

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative

Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract

Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity

Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

52.209-12 – Certification Regarding Tax Matters.

As prescribed in 9.104-7(e), insert the following provision:

Certification Regarding Tax Matters (Feb 2016)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including option), the

Offeror shall certify that, to the best of its knowledge and belief, it—

(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;

(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and

(3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue

Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

52.212-1 Instructions to Offerors- Commercial Items.

52.212-2 Evaluation-Commercial Items

52.212-3 Offeror Representations and Certifications Commercial Items (AUG 2009)

52.212-4 Contract Terms and Conditions Commercial Items (MAR 2009)

52-212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (APR 2010) https://www.acquisition.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1173_170888 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/09.htm#P78_18572 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1487_204068 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1548_215839

52.215-2 Audit and Records -- Negotiation (OCT 2010)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.216-18 – Ordering.

As prescribed in 16.506(a), insert the following clause:

Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __Date of Award of Base_ through __365 days after award of Base__ .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216-19 -- Order Limitations.

As prescribed in 16.506(b), insert a clause substantially the same as follows:

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __$100,000.00__ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of _____N/A_____ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of ______N/A_____ [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within _____N/A_____ days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm#P599_101106

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __N/A___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-21 -- Requirements.

As prescribed in 16.506(d), insert the following clause:

Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the

Government’s requirements do not result in orders in the quantities described as “estimated’’ or

“maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the

Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 365 days after award of base year.

(End of Clause)

52.216-24 Limitation of Government Liability. (See Note 1.)

52.216-25 Contract Definitization. (Note 1.)

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award.

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003)

52.219-14 Limitations on Subcontracting. (See Note 2.)

52.219-28 Post-Award Small Business Program Representation

52.222-3 Convict Labor (JUN 2003)

52.222-17 Nondisplacement of Qualified Workers

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (APR 2002) (Applicable if contract exceeds $10,000)

52.222-35 -- Equal Opportunity for Veterans.

As prescribed in 22.1310(a)(1), insert the following clause:

Equal Opportunity for Veterans (Oct 2015)

(a) Definitions. As used in this clause--

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

(End of Clause)

52.222-36 – Equal Opportunity for Workers With Disabilities.

As prescribed in 22.1408(a), insert the following clause:

Equal Opportunity for Workers With Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P926_170577 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P933_171080 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P1172_203124 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P1503_263679 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P1608_276863 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_220.htm#P201_36139 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/22.htm#P1196_236883 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/22.htm#P1238_243262

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the

Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (DEC 2001) (Applicable if contract…