S-15-0133_Solicitation_Package.pdf

PDF 1 MB Posted Sep 29, 2015

Attached to: DJ/Karaoke Services
Solicitation number: AG-84N8-S-15-0133
Issued by: Department of Agriculture Forest Service R4-Intermountain Region

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Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

REGION 4 UTAH ACQUISITION SUPPORT CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

UTAH ACQUISITION SUPPORT CENTER

2222 WEST 2300 SOUTH

SALT LAKE CITY, UT 84119

FAX (801) 975-3483

SOLICITATION NO.: AG-84N8-S-15-0133

OFFERS ARE SOLICITED FOR: DJ/KARAOKE SERVICES - (WEBER BASIN JOB CORP)

This project is set aside 100% for Small Business

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO

THIS SOLICITATION:

1. SF-1449 – SOLICITATION, OFFER AND AWARD (Complete, Date, and Sign)

2. Part I, Section B, SCHEDULE OF ITEMS

3. Attachment #01 – EXPERIENCE & EQUIPMENT QUESTIONNAIRE

4. AGAR 104A-REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION

5. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

6. FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

7. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS

8. RESPONSES TO TECHNICAL, PAST PERFORMANCE & WORKSITE SAFETY (DETAILED IN L.7)

9. BIOBASED PRODUCT INFORMATION

It is required that you write the solicitation number on the outside of your envelope.

Return to: USFS - Region 4 - Utah Acquisition Support Center

ATTN: Tamera Draper

2222 West 2300 South

Salt Lake City, UT 84119

Solicitation No: AG-84N8-S-15-0133

Please keep a copy of your quote for your records.

AN AWARD WILL BE MADE FROM THIS SOLICITATION AS SOON AS THE EVALUATION OF OFFERS HAS BEEN COMPLETED WHICH WILL

OCCUR SHORTLY AFTER THE CLOSING DATE OF THE SOLICITATION. IN ORDER TO BE CONSIDERED FOR ANY AWARD, IT IS REQUIRED

THAT CONTRACTORS BE REGISTERED, ACTIVE AND VALID IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE AT THE TIME

THAT AWARD WILL BE MADE. IT IS RECOMMENDED THAT IF YOU ARE A CONTRACTOR THAT WILL BE RESPONDING TO THIS

SOLICITATION AND NOT CURRENTLY REGISTERED, ACTIVE AND VALID IN THE SAM DATABASE, THAT YOU IMMEDIATELY BEGIN THE

PROCESS. CONTRACTORS MUST ALSO BE REGISTERED IN THE SAM DATABASE UNDER THE NAIC’S CODE THAT THIS SOLICITATION IS

ISSUED UNDER. REFERENCE FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT.

THIS IS THE ONLY NOTICE THAT CONTRACTORS WILL GET INSTRUCTING THEM TO COMPLETE THE SAM REGISTRATION PROCESS IF THEY

HAVE NOT ALREADY DONE SO. THE WEBSITE IS WWW.ACQUISITION.GOV.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH THE FEDERAL BUSINESS OPPORTUNITIES (FBO) WEBSITE (www.fbo.gov).

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED

ELECTRONICALLY THROUGH THE FBO WEBSITE

http://www.acquisition.gov/ http://www.fbo.gov/

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

760586 60

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AG-84N8-S-15-0133 09/29/2015

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/LOCAL

Tamera Draper calls)

801.975.3370 TIME 10/15/2015-1:00 p.m.

Mountain Time

9. ISSUED BY: CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

USDA FS – Utah Acquisition Support Center (UASC) 2222 West 2300 South

UNRESTRICTED

SET AIDE: 100% FOR

SMALL BUSINESS

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

NAICs: 711510-Independent Artists, Writers, and Performers

13b. RATING

SIZE STANDARD: $7.5 14. METHOD OF SOLICITATION

XX RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS#

FAX NO. VXP#

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

*****See Attached Schedule of Items*****

DJ/Karaoke Services for Weber Basin Job Corps

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA XX ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCES FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED. YOUR OFFER ONSOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO

THE CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT. 32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL NUMBER AND

PAPERWORK BURDEN STATEMENT

STANDARD FORM 1449 (10-95)

Prescribed by GSA – FAR (48 CFR) 53.212

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

SECTION B –Schedule of Items

DJ/Karaoke Services for Weber Basin Job Corps

2.1 SCHEDULE OF ITEMS

Item 0001 - BASE YEAR – November 1, 2015 through September 30, 2016

Sub Item

Description

Estimated

Quantity

Unit

Unit Price

Total

1a DJ Services 11 Each $ $

1b DJ Services, including Karaoke Machine 11 Each $ $

Total Quote (Base year): $

Item 0002 – OPTION YEAR 01 – October 1, 2016 through September 30, 2017

2a DJ Services 11 Each $ $

2b DJ Services, including Karaoke Machine 11 Each $ $

Total Quote (Option Year 01): $

Item 0003 – OPTION YEAR 02 – October 1, 2017 through September 30, 2018

3a DJ Services 11 Each $ $

3b DJ Services, including Karaoke Machine 11 Each $ $

Total Quote (Option Year 02): $

Item 0004 – OPTION YEAR 03 – October 1, 2018 through September 30, 2019

4a DJ Services 11 Each $ $

4b DJ Services, including Karaoke Machine 11 Each $ $

Total Quote (Option Year 03): $

Item 0005 – OPTION YEAR 04 – October 1, 2019 through September 30, 2020

5a DJ Services 11 Each $ $

5b DJ Services, including Karaoke Machine 11 Each $ $

Total Quote (Option Year 04): $

Total of Items 0001, 0002, 0003, 0004 and 0005 Total: $

Name of Company (please print):___________________________________

Date:______________________________

Signature of Company Agent: ______________________________________

DUNs Number: _____________________

Printed Name of Company Agent:_______________________________ Phone Number: _____________________

E-Mail Address:____________________________________________________

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

Estimated Quantities: The quantities listed for each item are the government’s best estimates based upon past experience.

The contractor will be paid based upon the actual work performed pursuant to the Statement of Work. There is no guarantee that DJ Services and/or DJ Services with a Karaoke Machine will be required for the estimated quantity listed in the Schedule of Items, annually.

The contractor shall furnish and maintain all supplies and equipment to provide DJ/Karaoke equipment as specified in the attached statement of work. No mileage cost compensation will be allowed for travel to and from Weber Basin Job Corps

Center.

The intent of this solicitation is to award a Blanket Purchase Agreement (BPA) for DJ Services and/or DJ Services with a

Karaoke Machine. Job Corps receives funding on a quarterly basis; therefore there is no guarantee that services will be funded or required beyond the initial award. If it is in the best interest of the government and the government determines to provide funding for additional services, award will be modified to include additional dates of services. The modification will indicate which option year pricing will be applicable and the funding that is available. Payments for services will be made at the applicable pricing for the date the service occurred.

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

SECTION C-Description/Specification/Statement of Work

DJ/KARAOKE SERVICES – WEBER BASIN JOB CORPS

OGDEN, UTAH

C.1 PERFORMANCE WORK STATEMENT PERFORMANCE WORK STATEMENT

A. Background

Weber Basin Job Corps Center is a conservation center under the United States Department of Agriculture

Forest Service. All Job Corp Centers are funded by United States Department of Labor, Employment, and training Administration (ETA) program.

Job Corps is a US Department of Labor ETA program designed to assist young people who need and benefit from the wide range of services provided at a Job Corp Center. Through its centers, Job Corps offers academic, vocational and life skills training using a unique approach of competency-based and individualized instruction. Services include: basic education, high school diploma (HSD) program, general education development (GED), vocational skills training, residential living program, healthcare and related support services. The comprehensive combination of training and support services is designed to help each student become a responsible and productive citizen.

Approximately 224 students live full time at the Weber Basin Job Corp Center. The students attend classes at the Center. The Center has classroom facilities, hand on trade education, a cafeteria, health services, recreational facilities and dormitories.

Job Corps is a self-paced program; therefore a student’s length of enrollment varies. Students may remain on the program for up to two years, but the average length of enrollment is approximately eight months. An optional third year is granted to students who qualify for advanced training. Upon completion of the program, students are better prepared to obtain meaningful employment or further their education through Job Crops sponsored Advanced Career (ACT) or college. Career transition services are provided to all students separating from Job Corps.

B. Scope of Contract

The services covered in this solicitation and any resultant contract require the contractor to furnish all labor, equipment, tools, supervision, transportation, operating supplies and incidentals necessary to provide appropriate disc jockey (DJ) services for high school age student dances located at the Weber Basin Job Corp

Center in compliance with the specifications, provisions, terms and conditions of this solicitation. Award of this solicitation will result in a Blanket Purchase Agreement (BPA) type contract.

C. Location

Weber Basin Job Corp Civilian Conservation Center

7400 South Cornia Drive

Ogden, UT 84405

C.2 CONTRACTOR WORK REQUIREMENTS AND STANDARDS

A. Objectives:

a) DJ Services require supplies and equipment, including all sound, wireless microphones, lighting and karaoke machine. Karaoke machine will be ordered and shall be provided for singing contests, to be held in conjunction with dances, approximately once per month and shall be included within the three hour DJ services operating timeframe.

b) Dances may be held inside or outside, weather permitting.

c) Contractor shall provide a variety of music including, but not limited to:

Pop Oldies Latin Hip Hop Country Genre

Radio editing music is required.

d) DJ Services shall provide music for a minimum of 55 minutes per hour, each hour with a maximum of three hours of playtime; with an additional 30 minutes allowed for set-up and breakdown. Set-up shall be required 30 minutes before the event is scheduled to start.

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

e) DJ Services will be scheduled on a monthly basis as needed. The Center will not require services during period of center-wide student extended leave, which is approximately 2 weeks twice a year (July and

December).

f) DJ Services will be scheduled Monday through Saturday evenings from the hours of approximately 6:00 p.m. to 10:00 p.m.

g) Kall Orders will be issued with approximately 2 weeks’ notice, prior to the date of service.

h) Anticipate approximately two dances per month, with Valentine’s Day and Halloween required annually.

B. INSPECTION OF WORKSITE

The Contractor should take reasonable steps to ascertain the nature and location of the project area and the work to be completed, as well as the general and local site conditions, which can affect the work and its cost. Any failure of the

Contractor to take actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

C. DUNS AND BRADSTREET NUMBER (DUNS) AND SYSTEM FOR AWARD MANAGEMENT (SAM)

REGISTRATION

All awards made by the government require that the contractor be registered and active in the SAM database (which requires the contractor have a DUNs number). It is also required that contractor’s SAM registration contain an entry for the NAICs number that this solicitation has been issued under. The NAICs code for this solicitation is 711510-

Independent Artists, Writers, and Performers.

D. SET ASIDE

This award is set aside for 100% Small Business.

E. ACCEPTABLE METHODS FOR QUOTE SUBMITTAL:

1. Quotes may be mailed or hand delivered to the following location. All quotes must be received by October 15, 2015 at 1:00 p.m. Local Time (Mountain Time) to be considered eligible for evaluation. E-mail for fax quotes will not be considered.

2. Mail or Hand Delivery:

Utah Acquisition Support Center

ATTN: Tamera Draper

2222 West 2300 South

F. GOVERNMENT POINT OF CONTACT:

The Contracting Officer for this project will be:

Tamera Draper, CO

Phone: 801.975.3370

E-Mail: tdraper01@fs.fed.us

G. MEASUREMENT AND PAYMENT

Payment shall be made in accordance with the Schedule of Items. Each month the Contractor’s performance will be evaluated with the Work Requirements and Standards.

The Contractor shall submit an invoice using the electronic Invoice Processing Platform (IPP). The Contractor shall upload in the IPP system, documentation on the dates of DJ services and/or DJ services with Karaoke Machine with any electronic invoice submitted.

H. IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel are required to identify themselves as contractors. Whether attending meetings, answering

Government telephones, or working in other situations where their contractor status is not obvious to third parties, they must make their status known to avoid creating an impression that they are Government employees.

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

I. SUPPLEMENTAL SPECIFICATIONS/ADDITONAL INFORMATION

PERMITS AND RESPONSIBILITIES (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 occur 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.

J. CONTRACT ADMINISTRATION DATA

Reference Section G

K. PREWORK CONFERENCE

A prework conference will be conducted after award. The date, place and time will be negotiated prior to the meeting.

SECTION D - Packaging and Marking (There are no clauses included in this section)

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

SECTION E - Inspection and Acceptance

E.1 CLAUSES INCORPORATED BY REFERENCE (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):

Federal Acquisition Regulations - http://www.acquisition.gov/far

Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

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

E.2 CONTRACTOR INSPECTION REQUIREMENTS (52.246-1 Contractor Inspection Requirements. (APR

1984)) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the

Government.

SECTION F - Deliveries or Performance

F.1 CLAUSES INCORPORATED BY REFERENCE (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):

52.242-15 Stop-Work Order. (AUG 1989)

52.242-17 Government Delay of Work

F.2 PERIOD OF PERFORMANCE (452.211-74 Period of Performance. (FEB 1988)) The period of performance of this contract is from November 1 st , 2015 to September 30 th , 2016. Option Years may be exercised for an extension of one year with prior notice to the contractor.

F.3 EFFECTIVE PERIOD OF THE CONTRACT (452.211-75 Effective Period of the Contract. (FEB 1988)) The effective period of this contract is from November 1 st , 2015 to September 30 th , 2016.

https://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html https://www.acquisition.gov/far

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

SECTION G - Contract Administration Data

G.1 CONTRACTING OFFICE

The Utah Acquisition Support Center of the United States Forest Service, Department of Agriculture is responsible for this solicitation, award and administration of the contract. All written correspondence shall reference the contract number and/or solicitation number. Communications shall be directed to:

Tamera Draper, Contracting Officer

USDA-FS, Utah Acquisition Support Center

2222 West 2300 South

Salt Lake City, UT 84119

Phone: 801.975.3370

E-Mail: tdraper01@fs.fed.us

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

The awarded base contract will have a Contracting Officer’s Representative (COR) designated by appointment letter. Each awarded task order may have an individual Contracting Officer’s Representative (COR) designated by appointment letter.

G.3 SUBCONTRACTS

Before entering into a subcontract covering any part of the work called for, the Contractor shall inform the

Contracting Officer and submit information required by the Contracting Officer.

G.4 POSTAWARD CONFERENCE (452.215-73 Postaward Conference. (NOV 1996)) A post award conference with the successful offeror is required. It will be on a date and at a place that is mutually agreeable to both parties.

(End of Clause)

G.5 SUBMISSION OF INVOICES

a) Invoice Processing Platform (IPP)

The Contractor shall utilize the Invoice Processing Platform (IPP) for the electronic submission and tracking of purchase orders, invoices, and payment information. IPP is a secure Governmentwide, Web-based invoice processing service offered free of charge to Government Agencies and their suppliers.

A one-time enrollment in IPP will generate a series of emails that will be sent to the point of contact established in your

SAM.gov account. The first email will be from “IPP User Administration” and will contain the IPP login ID and link to the IPP Website. A second email from “Treasure UPS User Administration” containing the password will be sent within

24 hours. Once both emails are received, the Contractor will login to the IPP application and complete the registration process. After login, you will be able to access IPP training information.

IPP System benefits include the ability to create invoices directly from a contract award and submit them electronically, as well as:

Email notification when invoice(s) are paid

Online payment history

Email notification when you are awarded a new contract

The email notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. For additional information, please visit the www.ipp.gov website to learn more. The IPP

Customer Support Desk is available to assist users Monday through Friday (excluding Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-

866-973.3131 or they can be reached at IPPCustomerSupport@fms.treas.gov.

b) Proper Invoice

When accessing the IPP system, Contractors will be required to provide information necessary for the creation of http://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps) a proper invoice. A proper invoice shall contain, at a minimum, the following information:

Name and address of the contractor

Invoice date and invoice number

Contract number or other authorization for supplies delivered or services performed

Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed

Shipping and payment terms

Name and address of contractor office to whom payment is to be sent

Name, title, phone number, and mailing address of person to notify in the event of a defective invoice

Taxpayer Identification Number if required by agency

Electronic funds transfer banking information (only if required by agency)

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

SECTION H - Special Contract Requirements

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

(a) The Contractor shall assign to this contract the following key personnel: Project Manager/Point of Contact

(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

(a) The Contractor shall ensure that employees have adequate personal protection equipment, including personal protective equipment for eyes, face, extremities and ears; that the equipment will be maintained in a sanitary and reliable condition and will be used whenever conditions require.

(b) Defective or damaged personal protective equipment shall not be used.

H.3 EMPLOYMENT OF ELIGIBLE WORKERS (FSAR 4G52.222-701 Employment of Eligible Workers

(DEC 1999))

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification

Form, as the document to be used for employment eligibility verification (8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the

United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the

Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations

Officer of their local INS office.

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

SECTION I - Contract Clauses

I. CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (52.252-2 Clauses Incorporated by Reference.

(FEB 1998))

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.202-1 Definitions. (NOV 2013)

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

Whistleblower Rights. (APR 2014)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

FAR 52.204-12 Data Universal Numbering System Number Maintenance (DEC 2012)

FAR 52.217-2 Cancellation Under Multi-Year Contracts. (OCT 1997)

FAR 52.217-6 Options for Increased Quantity (MAR 1989)

FAR 52.223-1 Biobased Product Certification. (MAY 2012)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(SEPT 2013)

FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

FAR 52.232-1 Payments (APR 1984)

FAR 52.232-8 Discount for Prompt Payment (FEB 2002)

FAR 52.232-9 Limitations on Withholding of Payments

FAR 52.232-11 Extras (APR 1984)

FAR 52.232-18 Availability of Funds (APR 1984)

FAR 52.232-23 Assignment of Claims (JAN 1986)

FAR 52.232-25 Prompt Payment (JUL 2013)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.233-1 Disputes. (MAY 2014)

FAR 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

FAR 52.232-19 Availability of Funds for the Next Fiscal Year

FAR 52.245-1 Government Property (APR 2012)

FAR 52.245-9 Use and Charges (APR 2012)

FAR 52.246-20 Warranty of Services

FAR 52.246-25 Limitation of Liability – Service (FEB 1997)

FAR 52.252-6 Authorized Deviations in Clauses

I.2 CLAUSES INCORPORATED IN FULL TEXT

FAR 52.204-13 System for Award Management Maintenance (JUL 2013)

(a) Definitions. As used in this clause—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities, which is used as the identification number for Federal contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that— https://www.acquisition.gov/far https://acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the

Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and

Transparency Act of 2006 (see Subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

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

(c)

(1)

(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

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

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of

Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 https://acquisition.gov/far/current/html/Subpart%204_14.html#wp1075239 https://acquisition.gov/far/current/html/Subpart%204_14.html#wp1075239 https://acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps) days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the

DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call

Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

FAR 52.212-4 Contract Terms and Conditions - Commercial Items. (May 2015)

(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.

(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 --http://fedgov.dnb.com/webform https://www.acquisition.gov/

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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.

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

(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;

(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 at 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

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:

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

(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.

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

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

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart

42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

Solicitation: AG-84N8-S-15-0133 DJ/Karaoke Services (Weber Basin Job Corps)

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

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File details come from the government source that posted it. Updated Nov 14, 2017.