L15PS00268.pdf

L15PS00268 - Attachment 1- Statement of Work and Clauses/Provisions

CORRAL CLEANING SERVICES AT THE PALOMINO VALLEY

WILD HORSE CENTER

REQUEST FOR PROPOSAL

L15PS00268

ISSUED 3/30/2015

Proposals due on or before: 5/4/2015 at 11:00 A.M. Mountain Time

NATIONAL OPERATIONS CENTER

DEPARTMENT OF INTERIOR

BUREAU OF LAND MANAGEMENT

DENVER FEDERAL CENTER

TABLE OF CONTENTS

SUPPLIES OR SERVICES AND PRICES/COSTS

STATEMENT OF WORK

CONTINUATION OF SF1449

CONTRACT CLAUSES

52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (MAR 2015) (DEVIATION 2015-02)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAR 2015)

52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION) (JUL 2014) .. 14

1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

1452.228-70 LIABILITY INSURANCE-DEPARTMENT OF THE INTERIOR (JUL 1996)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT

PLATFORM (IPP) (APR 2013)

SOLICITATION PROVISIONS

SITE VISIT DATE AND TIME

52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (MAR 2015) (DEVIATION 2015-02)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(DEC 2014)

SUBMISSION PROCEDURES FOR OFFERS

PROPOSAL SUBMISSION CHECKLIST

LIST OF ATTACHMENTS

SUPPLIES OR SERVICES AND PRICES/COSTS

Base Year – July 1, 2015 – June 30, 2016

Item

Number Services

Est.

Qty Unit

Unit

Price Total

0001 Clean Corrals and Dispose of Manure in accordance with the SOW.

Measurement of Cubic Yards will be calculated by COR (Contractor

Officer Representative) at the start of each task order. Contractor will be present at the time COR takes measurements of truck(s) used for hauling.

Length x Width x Depth divided by 27 = CUBIC YARDS

The estimated quantity for each year is 20,000 cubic yards. This is an estimate only and is in no way guaranteed by the Government.

25,000 Cubic

Yards

0002 Load, haul and spread pit run material at Palomino Valley Center in accordance with the SOW.

The estimated quantity for each year is 300 hours.

This is an estimate only and is in no way guaranteed by the Government.

300 Hours

Option Year 1 – July 1, 2016 – June 30, 2017

Number Services

Est.

Qty Unit

Unit

Price Total

0003 Clean Corrals and Dispose of Manure in accordance with the SOW.

Measurement of Cubic Yards will be calculated by COR (Contractor

Officer Representative) at the start of each task order. Contractor will be present at the time COR takes measurements of truck(s) used for hauling.

Length x Width x Depth divided by 27 = CUBIC YARDS

0004 Load, haul and spread pit run material at Palomino Valley Center in

Option Year 2 – July 1, 2017 – June 30, 2018

Number Services

Est.

Qty Unit

Unit

Price Total

0005 Clean Corrals and Dispose of Manure in accordance with the SOW.

Measurement of Cubic Yards will be calculated by COR (Contractor

Officer Representative) at the start of each task order. Contractor will be present at the time COR takes measurements of truck(s) used for hauling.

Length x Width x Depth divided by 27 = CUBIC YARDS

0006 Load, haul and spread pit run material at Palomino Valley Center in

Option Year 3 – July 1, 2018 – June 30, 2019

Number Services

Est.

Qty Unit

Unit

Price Total

0007 Clean Corrals and Dispose of Manure in accordance with the SOW.

Measurement of Cubic Yards will be calculated by COR (Contractor

Officer Representative) at the start of each task order. Contractor will be present at the time COR takes measurements of truck(s) used for hauling.

Length x Width x Depth divided by 27 = CUBIC YARDS

0008 Load, haul and spread pit run material at Palomino Valley Center in

Option Year 4 – July 1, 2019 – June 30, 2020

Item

Number Services

Est.

Qty Unit

Unit

Price Total

0009 Clean Corrals and Dispose of Manure in accordance with the SOW.

Measurement of Cubic Yards will be calculated by COR (Contractor

Officer Representative) at the start of each task order. Contractor will be present at the time COR takes measurements of truck(s) used for hauling.

Length x Width x Depth divided by 27 = CUBIC YARDS

0010 Load, haul and spread pit run material at Palomino Valley Center in

STATEMENT OF WORK

1.0 GENERAL

1.1. Description

The work consists of furnishing all labor and equipment to clean horse corrals and replace surface material on an as ordered basis. This consists of scraping and cleaning all pens at the Palomino Valley National Wild Horse and

Burro Center and hauling the manure off-site to a Washoe County approved location. The work also includes loading, hauling and replacement of pit-run materials. Pit-run materials will be provided by the Government and may be stock piled at various locations on-site, until it is needed.

1.2 Location

Work under this contract is located at the Palomino Valley National Wild Horse and Burro Center, 15780 SR

445, Reno, Nevada, in Washoe County.

1.3 Project/Site Conditions

Public or private access roads damaged by the Contractor shall be restored, at the Contractor's expense, to the same condition they were in at the commencement of work.

2.0 WORK SCHEDULE

The Contracting Officer’s Representative (COR) will prepare a work schedule of corrals to be cleaned approximately two weeks prior to the issuance of a delivery order. The actual start work date will be confirmed verbally or in writing by the Contracting Officer. The work order schedule will be based on anticipated delivery and/or transport of wild horses and burros at the center. It is imperative that contractor complete cleaning of corrals and removal as it is scheduled, as movement of animals to accommodate cleaning is required.

3.0 EXECUTION

3.1 Pre-Work Conference

3.1.1 Notification: A pre-work conference will be held at the Palomino Valley Corral headquarters following the award of the contract. The Contractor will be notified in advance of the meeting date and time.

3.1.2 Attendance: The Contractor and the person(s) responsible for performance of the work must be present at the meeting.

3.1.3 Presentation: The Contract Officer Representative (COR) will provide the initial corral cleaning schedule at the meeting.

3.2 Performance

3.2.1 Manure Removal

3.2.1.1 Manure shall be removed down to the existing ground line.

3.2.1.2 Manure shall be hauled to an approved disposal facility or to a location where the manure will be used in a manner approved by the Environmental Health Service

Division of the State of Nevada, Washoe County. Contractor shall adhere to all Federal, State and County regulations for approved disposal sites.

3.2.1.3 Contour of the ground shall not be changed by over-excavation of soil and gravel in corral.

3.2.1.4 Contractor shall use care in cleaning corrals in order to not damage corral structure and/or horse feeders.

3.2.1.5 The Government shall reserve the right to clean any pens, at any time, at the facility to prevent illness or disease.

3.2.1.6 Members of the public are allowed to have free access to any manure pile located at the North end of the facility. As a result, the contractor must be aware of visitors within the facility and must work with caution to avoid accidents.

3.2.1.7 Manure removal shall include any stock-piled manure that has been added by

BLM employees between contractor cleaning. Cubic yards expended for this effort are included in the total estimate of cubic yards.

3.2.1.8 The COR/PI reserves the right to inspect and approve the cleaning of all pens.

3.2.2 Pit-run Material Backfill

3.2.2.1 Pit-run sand and gravel as required for good corral drainage shall be loaded, hauled and placed in the corral to the general shape and slope of existing landscape. The pit-run area is located 6 miles north of the facility on SR 445. The contractor shall remove any brush or debris (anything that would be considered unsuitable for placement in corrals) from sand and gravel prior to hauling. Pit-run material may be stock piled in the area of the corrals for future use.

3.2.2.2 Contractor must slope the landscape (gravel pit) to where there is no danger

(overhangs, drop-offs, etc.) to the public.

3.2.3 Equipment Rental With Operator Requirements

3.2.3.1 General: The Contractor shall furnish the equipment and skilled operator, fully capable of effectively operating the equipment on tasks described in Paragraph 3.2.3.3.

The equipment used shall be in good mechanical condition and may be inspected by

BLM personnel prior to award of contract or at any time during the contact. All rental equipment and required equipment attachments/accessories shall have fully operable mechanical features. All accessories and attachments shall be in accordance with the equipment manufacturer’s recommended size for the specific models and the defined work tasks. All cutting or other wearing surfaces shall be sharp and conform to original contours. All hydraulic and other power systems shall deliver forces within the manufacturer’s performance limits for the respective equipment and application. All equipment shall have OSHA quality, standards rollover protective structures (ROPS), regardless of equipment age. Equipment provided shall be able to efficiently and effectively complete the work described in this contract.

3.2.3.2 Required Equipment Features

a. One (1) Articulating front-end loader with the following:

- Bucket capacity of at least 2 cubic yards, truck capacity, standard general purpose. Bucket teeth are optional.

- Rubber tires.

- Four-wheel drive.

- At least 90 horsepower, manufacturer rated.

- All original factory mechanical features shall be fully operational and functional.

b. Truck or Truck-trailer with the following:

- Unloading capacity of at least 18 cubic yards,truck capacity.

- At least 200 horsepower, manufacturer rated.

- All original factory mechanical features shall be fully operational and functional.

- Truck or Truck-trailer wheelbase shall not exceed 248 inches for interior corral pens. Wheelbases that exceed 248 inches are fine with the outer perimitter corrals.

3.2.3.3 Contractor Responsibilities: The Contractor shall retain custody of the equipment and be responsible for its maintenance, operation and operators. Also, the contractor will be responsible for the death of or injury to its operators, servants or agents. The Contractor shall assume liability for all damage to its equipment, whether from natural causes, operations under this contract, movement to, from or between sites, or any other causes. The Contractor shall assume liability for major damage to government owned corrals, feeders, etc. The Contractor shall assume liability for cleanup of all hazardous material spills from their equipment (fuel, oil, etc.).

3.2.3.4 Equipment Serviceability: In the event of equipment breakdown or non-serviceability, the Contractor agrees that any repairs shall be accomplished within seven calendar days from the date of such breakdowns or the Contractor must replace the unserviceable equipment, subject to all the original requirements and resume operations.

Unserviceable is defined as any required equipment feature not fully operational.

4.0 MEASUREMENT AND PAYMENT

4.1 Method of Measurement

4.1.1 Time Log Records: A “Daily Time Log” (for pit run only) will be completed daily and signed by the equipment operator and the Project Inspector or COR. Time will be rounded up to the nearest one-quarter hour. This record is required and is the only acceptable record of measurement for payment (for pit run only).

4.1.2 Cubic Yard Log Records: A “Daily Cubic Yard Log” (for manure hauling only) will be completed daily and signed by the equipment operator and the Project Inspector or COR. This record is required and is the only acceptable record of measurement of payment (for manure hauling only).

4.2 Time Measurement/Cubic Yard Measurement

4.2.1 A single measurement of time (for pit run only) shall be made for that time in which both pieces of equipment are at the work site and either piece is being operated.

4.2.2 Measurement for payment (for pit run only) shall be the number of hours both pieces of equipment, with one or more operators, are on site, at the gravel pit, or making hauls or moves between either of these sites and either piece of equipment is engaged in work. Simultaneous operation of the equipment is not required.

4.2.3 A single measurement of cubic yards (for manure hauling only) shall be made for that cubic yardage hauled to disposal site.

4.2.4 Measurement for payment (for manure hauling only) shall be the number of cubic yards removed. Hours for piling manure and hours for trips to and from disposal facility will not be paid for by the government. The contractor shall factor this into their proposed price for line items 0001, 0003, 0005, 0007 and 0009 respectively.

4.3 Basis of Payment

4.3.1 Payment will be made for the actual hours of operating use (for pit run only) required and measured in accordance with paragraph 4.1.1 above. Hourly equipment rental to do the work shall be included in the proposed unit prices. No direct payment will be made for standby time, moves resulting from mechanical breakdown, equipment substitution, mobilization, demobilization, adverse weather, or contractor staffing related problems.

Prices and payment will be full compensation for the work specified in the Statement of

Work.

4.3.2 Payment will be made for the actual cubic yards hauled (manure removal only) and measured in accordance with paragraph 4.1.2 above. Hourly equipment to do the work shall be included in the proposed unit prices. No direct payment will be made for standby time, moves resulting from mechanical breakdown, equipment substitution, mobilization, demobilization, adverse weather or contractor staffing related problems.

Prices and payment will be full compensation for the work specified in the Statement of

Work.

CONTINUATION OF SF1449

Block 27: The full text of a clause or provision may be accessed electronically at http://farsite.hill.af.mil/vffara.htm

CONTRACT CLAUSES

52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (MAR 2015) (DEVIATION 2015-02)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form

312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

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): http://farsite.hill.af.mil/vffara.htm

Clause Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS DEC 2014

52.216-18 ORDERING OCT 1995

52.216-19 ORDER LIMITATIONS

(a) $5,000; (b)(1) $75,000; (b)(2) $100,000.00; (b)(3) 7 days; (d) 7 days

OCT 1995

52.216-21 REQUIREMENTS

(f) 60 months after effective date of contract

OCT 1995

52.217-8 OPTION TO EXTEND SERVICES

60 days

NOV 1999

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(a) 10 days; 30 days; (c) 60 months

MAR 2000

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan

2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)

(section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section

743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657f).

_X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014)

(E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

(31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

Employee Class WG Level Monetary Wage Forklift Operator 5 $19.84

Heavy Equipment Operator 10 $26.40

Laborer 2 $15.90

_X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order

13658).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order

13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

ADDENDUM:

52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION) (JUL

2014)

This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of

Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December

31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov

(or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on

January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute

(formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting

Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting

Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause.

A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

1452.228-70 LIABILITY INSURANCE-DEPARTMENT OF THE INTERIOR (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company, which is acceptable to the Contracting Officer.

The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

TYPE OF INSURANCE COVERAGE

Automobile Liability $200,000 per person, $500,000 per occurrence for bodily injury, and

$20,000 per occurrence for property damage.

Comprehensive General Liability $500,000.00 per occurrence on the comprehensive form of policy.

Workman's Compensation Contractor shall comply with applicable and Employers Liability Federal and State Workers' compensation and occupational disease statutes.

Employer’s liability coverage of at least $100,000 is required except in

States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT

PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury’s Invoice Processing

Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract

Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]:

A copy of the contractor’s invoice, to include a description of the line items being billed, the unit prices for each line item and the total amount for each line item, along with the total amount of the invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

SOLICITATION PROVISIONS

SITE VISIT DATE AND TIME

A site visit has been scheduled for April 14, 2015 at 10:00 A.M. Attendees will meet with James Beck (775) 475-2222 at the Palomino Valley National Wild Horse and Burro Center, 15780 SR 445, Reno, NV 89510.

52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (MAR 2015) (DEVIATION 2015-02)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form

312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

https://www.ipp.gov/ file:///C:/Users/alblodgett/Documents/IPP/ippgroup@bos.frb.org

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):http://www.arnet.gov/far/

Clause Title Date

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS OCT 2014

52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Evaluation factors other than price, when combined, are significantly more important than price. The following factors shall be used to evaluate offers:

TECHNICAL CAPABILITY:

The Offeror's response in the Technical Capability proposal will be evaluated against the following factors:

(A) EQUIPMENT UTILIZATION: (70 points)

1) Adequacy of offeror's documentation addressing the type of equipment that will be used for items 0001 and

0002. (60 points)

2) Adequacy of offeror’s documentation addressing the maintenance schedule to be followed for the proposed equipment. (10 points)

(B) WASHOE COUNTY APPROVED DISPOSAL SITE (25 points)

Adequacy of offeror’s documentation from Washoe County Environmental Health Services Division on approved manure disposal location/locations.

(C) INSURANCE: (15 points)

Adequacy of offeror's documentation of the ability to obtain insurance against any damage to Government property during the performance of this contract.

(D) STABILITY OF EMPLOYEES: (15 points)

Adequacy of offeror's documentation of the ability to offer a stable workforce to perform under this contract.

PAST PERFORMANCE:

Three completed past performance questionnaires evaluating services performed within the past three years are required for each offeror. If less than three questionnaires are received by the Government for any offeror, the offeror may receive a neutral past performance rating. Responses to questionnaires obtained by the Government from sources other than those provided by the offeror may be included in the evaluation and counted toward the minimum required number of responses. Utilizing the Past Performance Questionnaires submitted by the offerors references and sources other than those identified by the offeror, a past performance evaluation will be conducted to ascertain the degree of experience in projects comparable to the RFP as viewed in terms of the number, complexity, and size of the projects.

http://www.arnet.gov/far/

PRICE:

Reasonableness will be established by the existence of adequate price competition and by comparing all, or a representative sampling of the proposed prices to industry average rates and or rates from other contracts for similar or like services.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(DEC 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB

Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“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.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

http://www.acquisition.gov/

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan

Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as…