SF1449 1282AT20Q0010 Pg 3_25.docx

Solicitation No. 1282AT20Q0010 Page 5 of 25

TOILET VAULT PUMPING SERVICES

ARNF Clear Creek Ranger District

Continuation of SF 1449

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

Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

Table of Contents

Page #

Solicitation/Contract/Order for Commercial Items, SF 1449 1-3

Table of Contents 4

Section B, Schedule of Items 5-10

Section C, Description/Specifications/Statement of Work 11

Section D, Packaging and Marking 14

Section E, Inspection and Acceptance 14

Section F, Deliveries or Performance 14

Section G, Contract Administration Data 15

Section H, Special Contract Requirements 16

Section I, Contract Terms and Conditions 17

Section J, List of Attachments 21

Section K, Representations, Certifications, and Other 22 Statements of Offerors or Respondents

Section L, Instructions, Conditions and Notices to Bidders 24

Section M, Evaluation Factors for Award 25

SECTION B- SCHEDULE OF ITEMS

BASE YEAR Period (June 1, 2020 through December 31, 2020)

(In Miles) Est. Vault Capacity (In Gallons)

(Per Gallon)

e/o*

e/o* pumped every other year

OPTION YEAR ONE (March 1, 2021 through December 31, 2021)

(In Miles) Est. Vault Capacity (In Gallons)

OPTION YEAR TWO (March 1, 2022 through December 31, 2022)

(In Miles) Est. Vault Capacity (In Gallons)

OPTION YEAR THREE (March 1, 2023 through December 31, 2023)

(In Miles) Est. Vault Capacity (In Gallons)

OPTION YEAR FOUR (March 1, 2024 through December 31, 2024)

(In Miles) Est. Vault Capacity (In Gallons)

Notes:

1. All pricing is firm fixed.

2. Payment will be based on the services provided for the specified vault(s). Not all vaults will require regular-recurring service.

OFFEROR SHALL COMPLETE THE FOLLOWING:

Company Name: _____________________________________

Company Address: _____________________________________

Company POC: _____________________________________

E-Mail Address: _____________________________________

Phone # ________________________________

DUNS #: ________________________________

To be eligible for award, contractors MUST be registered in the System for Award Management (SAM), www.sam.gov

All invoices shall be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Dept. of Treasury. For additional information https://www/ipp.gov/index.htm and see Section G in this document.

SECTION C – DESCRIPTION OF WORK

C.1 General Scope of Work

The Arapaho & Roosevelt National Forest has a requirement for services of the pumping and disposal of toilet waste from vault toilets, septic tanks, or other holding tanks in Forest Service Recreation Areas. The Contractor shall furnish toilet pumping services which include all technical expertise, supervision, labor, equipment, operating supplies, transportation, and incidentals necessary to pump, wash down, recharge, cleanup, disinfect and dispose of all waste products removed from the toilets, in accordance with State and Federal laws and regulations.

C.2 Location of Work

The services are required at seventeen various recreation sites throughout the Clear Creek Ranger District, in the vicinity of Idaho Springs, Colorado, as well as the Mount Evans Recreation Area on Mount Evans Road (CO Hwy 5). Pumper trucks shall be driven on established roads and spurs only, unless otherwise authorized by the COR. See attached map for location of each site, in addition to information shown below. Mileage from Idaho Springs, Colorado is shown on the Schedule of Items contained herein.

Gray’s Peak Trailhead From Idaho Springs, go West on Interstate 70, take the Bakerville exit. Head south on Stevens Gulch Road for about four miles. This road is very bumpy and may be considered a 4-wheel drive road. In the winter, the road is impassable.

Guanella Pass Trailhead (Bierstadt) From Idaho Springs, go West on Interstate 70, take the Georgetown exit. Following the signs for Guanella Pass through the town, drive up 12 miles, and the location is on the left.

Guanella Pass Trailhead (Squaretops) From Idaho Springs, go West on Interstate 70, take the Georgetown exit. Following the signs for Guanella Pass through the town, drive up 12 miles, and the location is on the right.

Juniper Pass Picnic Ground From Idaho Springs, take Highway 103 for 15 miles, and location is on the right.

Hell’s Hole Trailhead From Idaho Springs, take Highway 103 for 6.5 miles, take the West Chicago Creek Road for three miles. The trailhead starts where the road ends.

Big Bend Picnic Ground From Idaho Springs, go West on Interstate 70, and take the Empire exit. Picnic ground is located at the junction of Highway 40 and the road to Henderson Mine south of Berthoud Pass.

Chicago Forks Picnic Ground (Upper) From Idaho Springs, take Highway 103 for 8 miles, the picnic ground is located on the left (past Chicago Forks Lower)

Chicago Forks Picnic Ground (Lower) From Idaho Springs, take Highway 103 for 8 miles, the picnic ground is located on the right.

Ponder Point Picnic Ground From Idaho Springs, take Highway 103 for 9 miles, the picnic ground is located on the right.

Cloudland Picnic Ground From Idaho Springs, take Highway 103 for 18 miles, the picnic ground is located on the right.

Clear Creek Picnic Ground (West) From Idaho Springs, go West on Interstate 70, and take the Empire exit. Drive on Highway 40 for 4 miles, and the picnic area is on the left.

Clear Creek Picnic Ground (East) From Idaho Springs, go West on Interstate 70, and take the Empire exit. Drive on Highway 40 for 4 miles, and the picnic area is on the left.

Cold Springs Picnic Ground From Idaho Springs, take Interstate 70 East to State Highway 119 (Exit 244). Five miles north of Central City - Blackhawk on Hwy 119. Picnic area is located 5 miles north of Blackhawk.

Berthoud Pass From Idaho Springs, go West on Interstate 70, and take the Empire exit. Drive on Highway 40 for 14 miles, and the parking area is on the right.

Mt. Goliath Nature Center From Idaho Springs, take Highway 103 to Highway 5 (Mt. Evans Scenic Byway), the Nature Center will be 3 miles up Highway 5 on the left.

Summit Lake Park From Idaho Springs, take Highway 103 to Highway 5 (Mt. Evans Scenic Byway), Summit Lake Park is 9 miles up Highway 5 on the right.

Summit of Mt. Evans From Idaho Springs, take Highway 103 to Highway 5 (Mt. Evans Scenic Byway), Summit of Mt. Evans is 14 miles up Highway 5.

C.3 Frequency and Period of Performance

The estimated date for starting work for the Base Year is June 1, 2020 through December 31, 2020. Optional years will run from March 1 through December 31 for each year. The estimated frequency is established in the Schedule of Items for each location.

C.4 Equipment Requirements

Equipment shall meet or exceed the following minimum requirements:

1. Pumper tank capacity of 1,000 gallons.

2. Vacuum Pump

3. 3-inch diameter intake valve and 200 feet of hose

4. Long handled grappling device

5. Capability of carrying extra water for cleaning purposes and for re-charging

6. Back-up warning device

C.5 Permits and Responsibilities

The contractor shall 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 be responsible for all damages to persons or property, which occur as a result of the Contractor’s performance or negligence.

C.6 Technical Work Specifications

1. There is not an established schedule for work under this contract, as the need for vault pumping is dependent upon variations in use at the recreation areas and cannot be ascertained in advance. Requests for pumping services will be made verbally by the designated COR. The contractor shall notify the COR within 24 hours of the time the work is completed.

2. All solid waste material or refuse capable of being pumped shall be removed from each vault for which pumping services are ordered. Any other material not pumped out shall be removed, bagged, and disposed of on non-National Forest land.

3. After refuse is pumped or otherwise removed, the vault shall be flushed with a chemical solution consisting of water and disinfectant. The interior of the toilet building, including the toilet stool (inside and out), floors, wall surfaces, and the entrance area walkway shall be cleaned of all waste products and refuse after pumping operations. A general purpose disinfectant/detergent/deodorant shall be applied to the interior of the toilet building. The contractor shall remove and replace any barriers required for access to pump the toilet vaults.

All toilets pumped shall require a 3 inch re-charge of water. The 3 inch depth is measured directly below the riser from the bottom of the tank. Water for re-charging shall be considered incidental to the pumping.

4. All work under this project shall be performed in a manner providing a minimum of interference with the users of the recreation areas. The contractor and his/her employees while driving in the recreation areas shall take special care.

5. Waste products extracted from the vaults shall be disposed of at the contractor’s expense at municipal or county sewage disposal facilities. It shall be the contractor’s responsibility to locate and to make proper arrangements to dispose of sewage at disposal and treatment facilities, which meet State and local requirements.

6. Work will be inspected by the Government and checked for compliance with the specifications. The Government will verbally notify the contractor within 48 hours of any non-acceptance of work.

7. In order to maximize each service visit, several toilets/vaults at different sites and locations throughout the Clear Creek Ranger District may be pumped depending on amount of use and need. The cost per gallon pumped at each of the sites shall include any transportation, disposal costs and additional cost for trash removal from the vault. If several trips are needed, then vaults will be prioritized by the COR, and individual sites may need to be visited more than once to complete the job. The COR will determine the most efficient and cost effective pumping schedule and will work with the contractor to ensure that a full load is taken each time.

8.Toilet pumping must be done through the vault access at the rear, not through the riser unless that is the only access available. After removing the access, contractor shall use clam rakes or long handle grabber to remove as much of the debris as possible before trying to pump out waste. Exercise caution as liners are easily damaged if struck with tools such as a bar or shovel. The Contractor is responsible for any damage he/she causes to the liner. Thoroughly clean and disinfect all contaminated areas resulting from the pumping process. Sweep or wash all waste deposited on concrete surrounding the access back into the vault, if possible. Thoroughly clean around the access and replace cover ensuring airtight seal so venting is not interfered. Contractor shall notify Contracting Officer’s Representative if not an airtight seal. If the Contractor must pump through the toilet riser when there is no outside access the Contractor must prevent waste spillage onto the interior floor, wall surfaces, and toilet paper. If the interior is contaminated, thoroughly clean and disinfect all surfaces including the inside and outside toilet riser, seat, and door handles or knobs. All debris removed must not contaminate the surrounding area. If the bottom of the vault is flat, then waste shall be removed down to within 4-5 inches of the bottom, and any further debris removed. Spray/wash down interior walls of vaults before debris dries. If the Contractor is drafting water from a stream, Contractor must keep drafting equipment (hoses) separate from toilet waste pumping and hauling equipment. No waste shall be introduced into any body of water. Disposal of waste shall meet all sanitation and health laws, ordinances, or regulations by any municipal, county, state or Federal authority to govern collection and disposal of human waste shall be recognized and observed while performing the services. Disposal is not allowed on any Forest Service Lands. All fees imposed for sewage disposal under this contract are the responsibility of the contractor. The Contracting Officer’s Representative will identify the toilets that need to be pumped. Not all toilets may require pumping each year, some may require multiple.

9. In performance of this contract, the contractor shall make maximum use of bio-based projects that are USDA designated. Information about these products is available at http://www.biopreferred.gov.

10. Performance Work Statement/Quality Assurance Plan. All locations will require the following work standards/Quality Assurance:

Disincentive

Specifications

SECTION D--PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

52.246-4 Inspection of Services – Fixed Price (Aug 1996)

452.246-70 Inspection and Acceptance (Feb 1988)

(a) The Contracting Officer of the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: the worksite

SECTION F - DELIVERIES OR PERFORMANCE

452.211-74 Period of Performance (FEB 1988)

The Base Year period of performance of this contract is from June 1, 2020 thru December 31, 2020.

Period of Performance of executed Option Years Option Year One – March 1, 2021 thru December 31, 2021 Option Year Two – March 1, 2022 thru December 31, 2022 Option Year Three – March 1, 2023 thru December 31, 2023 Option Year Four – March 1, 2024 thru December 31, 2024

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within ten (10) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months.

SECTION G - CONTRACT ADMINISTRATION DATA

452.215-73 Post award Conference. (NOV 1996) A post award conference with the successful offeror is required. Time and Location to be determined.

G.1 INVOICES & PAYMENTS

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

"Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP. This is a mandatory requirement initiated by the U.S. Department of Treasury. More information can be found at this website https://www.ipp.gov/index.htm. Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

IPP does not allow the contractor to change the description of the line items being invoiced against, therefore the contractor shall create an invoice in IPP and an itemized invoice. Itemized invoice must be uploaded as an attachment.

Itemized Invoice shall mirror the schedule of items and shall include at a minimum:

Date of services or completion.

In order for invoices to be processed certain documents must be uploaded as an attachment(s):

Itemized Invoice, Final Inspection and a Contractor Notification and Release of Claims

Final Payment - Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice.

Contractor Notification & Release of Claims for Final Payment A contractor notification and release of all claims form shall be completed by the COR and the contractor. The completed form shall be uploaded as an attachment.

Coordinate Invoices – Coordinate submission of invoices with the primary COR and/or CO.

G.2 FOREST SERVICE REPRESENTATIVES:

Contracting Officer (CO) will be determined at time of award. The Contracting Officer has full warrant authority over all contract issues.

A Contracting Officer Representative (COR) will be appointed for this contract upon award. COR delegated authority, responsibilities and contact information will be defined on a delegation form. .

G.3 CONTRACT ADMINISTRATION DATA:

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

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

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

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

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

G.4 PRE-WORK MEETING

Prior to commencement of work, the Contractor shall meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules. Also at this meeting such things as sanitation, camping requirements, fire prevention and suppression plans will be developed. The meeting will be held at a time and place determined by the Contracting Officer.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

452.237-74 Key Personnel. (Feb 1988)

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

(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.1 Accident Reporting (Construction/Service) Maintain an accurate record of all work-related accidents resulting in death, injury, occupational disease, or damage to property, materials, supplies, or equipment.

H.2 Injury Notification (Construction/Service) Injuries to workers will be reported promptly to the COR and appropriate contractor personnel. Emergency care for workers while on the job site is a contractor responsibility.

SECTION I - CONTRACT CLAUSES

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (MAR 2020)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] __ (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).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Mar 2020) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

___ (26) 52.219-33, Non-manufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (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.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (62) (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.

__ (iii) Alternate II (Feb 2006) 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) 52.222-17, Non displacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

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

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 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.

(xxiii) 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.

(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.

(End of clause)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond December 31, 2020. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond December 31, 2020 until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause)

APPLICABLE FAR & AGAR CLAUSES:

The following Federal Acquisition Regulation (FAR) clauses, the Department of Agriculture Acquisition Regulation (AGAR) clauses, and supplemental terms and conditions apply to this solicitation and are incorporated by reference (IBR) or by full text into the solicitation and final awarded contract. Items IBR can be viewed in full text at http://www.acquisition.gov/far/

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) 52.223-2 Affirmative Procurement of Bio based Products under Service and Construction Contracts (Sep 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.232-1 Payments. (APR 1984) 52.232-8 Discounts for Prompt Payment. (FEB 2002)

452.236-72 Use of Premises (NOV 1996) 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-71 Restrictions Against Disclosure (FEB 1988)

SECTION J – List of Attachments

Colorado Statewide.

**Offeror shall complete and submit with quotation**

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS

COMPLETE AND RETURN WITH YOUR QUOTATION

52.212-3 Offeror Representations and Certifications – Commercial Items (MAR 2020) If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with your offer. The provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 ( 7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision) The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

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

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see FAR Clause 52.223-2).

452.219-70 Size Standard and NAICS Code Information. (SEP 2001) The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All

- NAICS Code 562991 Septic Tank & Related Services

- Size Standard $8.0 Million

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

52.216-1 Type of Contract. (APR 1984) The Government contemplates award of a Single Firm-Fixed Price contract resulting from this solicitation.

52.23…