Sol_1305M325Q0074.pdf
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- Attached to
- NWS WFO Bismark Lawn Care Services
- Solicitation number
- 1305M325Q0074
About this file
This is a Request for Quotation (RFQ) for non-personal landscaping services at the National Weather Service Weather Forecast Office in Bismarck, ND. The RFQ (1305M325Q0074) is issued as a total Small Business Set-Aside under NAICS code 561730 with a size standard of $9.5 million.
The scope includes lawn mowing, trimming, pruning, fertilizing, weed control, spring/fall cleanups, and sprinkler system winterization services for approximately 3/4 acre of grounds. The base period of performance is April 1, 2025 through March 31, 2026, with four one-year option periods extending through March 31, 2030. Quotes are due by February 14, 2025 at 12:00 PM MST/MDT and must be submitted electronically to Isabel.Vigil@noaa.gov. Award will be made on a low-price technically acceptable basis. Offerors must provide past performance references from two separate contracts for similar services and submit a technical approach. A site visit is highly recommended but not required. The contract will be administered through FedConnect and monthly billing will be in arrears. The Department of Labor Wage Determination WD 2015-5379, Revision 24 applies.
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Other files
| File | Type | Posted |
|---|---|---|
| Overhead_View_of_Site_142030-25-0046.pdf | ||
| Past_Performance_Questionnaire_1305M325Q0074.pdf |
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Text version
1305M325Q0074
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
02/06/2025 142030-25-0046
1 67
325 BROADWAY, SOU6
BOULDER CO 80305
WAD-SAP
BISMARCK WFO NORTH DAKOTA
2301 UNIVERSITY DRIVE BLDG 27
BISMARCK
ND 58504-7595
303 578-8031ISABEL VIGIL
02/14/2025 1430 MS
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Period of Performance: 04/04/2025 to 03/31/2026
0001 BASE YEAR
PERIOD OF PERFORMANCE
04/01/2025 THROUGH 03/31/2026
PROVIDE ALL PERSONNEL, TOOLS,
EQUIPMENT, MATERIALS, LABOR, AND
SUPERVISION TO PROVIDE LAWN CARE AND
GROUNDS KEEPING SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED AT 2301
UNIVERSITY DRIVE, BLDG 27, BISMARCK, ND
58502-7595, IN ACCORDANCE WITH THE
STATEMENT OF WORK AND THE APPLICABLE
Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 67
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1305M325Q0074
DEPARTMENT OF LABOR WAGE
DETERMINATION.
The quantities listed below are estimates only.
Contractor shall be paid for actual work performed.
Mow lawn, trim around building and stationary objects, remove clippings, edge along sidewalks, etc. (estimated 24 jobs)
$ ________ per job
Prune and trim all shrubbery at the appropriate time in the Spring and Fall
$________ per job (2 jobs)
Fertilize lawn, trees, and shrubs, and treat for weeds, crabgrass, and insects
$ _________ per job (3 jobs)
Spring and Fall cleanups
$ _________ per job (2 jobs)
SHUT DOWN AND WINTERIZE SPRINKLER
SYSTEM
$ ________ (1 JOB)
SPRAY ROCK BEDS
AROUND BUILDING AND UPPER AIR
BUILDING FOR WEEDS
$ ________ (6 JOBS)
Product/Service Code: S208
Period of Performance: 04/01/2025 to 03/31/2026
1001 OPTION YEAR 1
PERIOD OF PERFORMANCE
04/01/2026 THROUGH 03/31/2027
PROVIDE ALL PERSONNEL, TOOLS,
EQUIPMENT, MATERIALS, LABOR, AND
SUPERVISION TO PROVIDE LAWN CARE AND
GROUNDS KEEPING SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
3 67
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1305M325Q0074
FORECAST OFFICE LOCATED AT 2301
UNIVERSITY DRIVE, BLDG 27, BISMARCK, ND
58502-7595, IN ACCORDANCE WITH THE
STATEMENT OF WORK AND THE APPLICABLE
DEPARTMENT OF LABOR WAGE
DETERMINATION.
The quantities listed below are estimates only.
Contractor shall be paid for actual work performed.
Mow lawn, trim around building and stationary objects, remove clippings, edge along sidewalks, etc. (estimated 24 jobs)
$ ________ per job
Prune and trim all shrubbery at the appropriate time in the Spring and Fall
$________ per job (2 jobs)
Fertilize lawn, trees, and shrubs, and treat for weeds, crabgrass, and insects
$ _________ per job (3 jobs)
Spring and Fall cleanups
$ _________ per job (2 jobs)
SHUT DOWN AND WINTERIZE SPRINKLER
SYSTEM
$ ________ (1 JOB)
SPRAY ROCK BEDS
AROUND BUILDING AND UPPER AIR
BUILDING FOR WEEDS
$ ________ (6 JOBS)
(Option Line Item)
Anticipated Exercise Date: 30
Product/Service Code: S208
Period of Performance: 04/30/2026 to 03/31/2027
2001 OPTION YEAR 2
PERIOD OF PERFORMANCE
04/01/2027 THROUGH 03/31/2028
4 67
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1305M325Q0074
PROVIDE ALL PERSONNEL, TOOLS,
EQUIPMENT, MATERIALS, LABOR, AND
SUPERVISION TO PROVIDE LAWN CARE AND
GROUNDS KEEPING SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED AT 2301
UNIVERSITY DRIVE, BLDG 27, BISMARCK, ND
58502-7595, IN ACCORDANCE WITH THE
STATEMENT OF WORK AND THE APPLICABLE
DEPARTMENT OF LABOR WAGE
DETERMINATION.
The quantities listed below are estimates only.
Contractor shall be paid for actual work performed.
Mow lawn, trim around building and stationary objects, remove clippings, edge along sidewalks, etc. (estimated 24 jobs)
$ ________ per job
Prune and trim all shrubbery at the appropriate time in the Spring and Fall
$________ per job (2 jobs)
Fertilize lawn, trees, and shrubs, and treat for weeds, crabgrass, and insects
$ _________ per job (3 jobs)
Spring and Fall cleanups
$ _________ per job (2 jobs)
SHUT DOWN AND WINTERIZE SPRINKLER
SYSTEM
$ ________ (1 JOB)
SPRAY ROCK BEDS
AROUND BUILDI
(Option Line Item)
Anticipated Exercise Date: 30
Product/Service Code: S208
Period of Performance: 04/01/2027 to 03/31/2028
3001 OPTION YEAR 3
5 67
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1305M325Q0074
PERIOD OF PERFORMANCE
04/01/2028 THROUGH 03/31/2029
PROVIDE ALL PERSONNEL, TOOLS,
EQUIPMENT, MATERIALS, LABOR, AND
SUPERVISION TO PROVIDE LAWN CARE AND
GROUNDS KEEPING SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED AT 2301
UNIVERSITY DRIVE, BLDG 27, BISMARCK, ND
58502-7595, IN ACCORDANCE WITH THE
STATEMENT OF WORK AND THE APPLICABLE
DEPARTMENT OF LABOR WAGE
DETERMINATION.
The quantities listed below are estimates only.
Contractor shall be paid for actual work performed.
Mow lawn, trim around building and stationary objects, remove clippings, edge along sidewalks, etc. (estimated 24 jobs)
$ ________ per job
Prune and trim all shrubbery at the appropriate time in the Spring and Fall
$________ per job (2 jobs)
Fertilize lawn, trees, and shrubs, and treat for weeds, crabgrass, and insects
$ _________ per job (3 jobs)
Spring and Fall cleanups
$ _________ per job (2 jobs)
SHUT DOWN AND WINTERIZE SPRINKLER
SYSTEM
$ ________ (1 JOB)
SPRAY ROCK BEDS
AROUND BUILDI
(Option Line Item)
Anticipated Exercise Date: 30
Product/Service Code: S208
Period of Performance: 04/01/2028 to 03/31/2029
6 67
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1305M325Q0074
4001 OPTION YEAR 4
PERIOD OF PERFORMANCE
04/01/2029 THROUGH 03/31/2030
PROVIDE ALL PERSONNEL, TOOLS,
EQUIPMENT, MATERIALS, LABOR, AND
SUPERVISION TO PROVIDE LAWN CARE AND
GROUNDS KEEPING SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED AT 2301
UNIVERSITY DRIVE, BLDG 27, BISMARCK, ND
58502-7595, IN ACCORDANCE WITH THE
STATEMENT OF WORK AND THE APPLICABLE
DEPARTMENT OF LABOR WAGE
DETERMINATION.
The quantities listed below are estimates only.
Contractor shall be paid for actual work performed.
Mow lawn, trim around building and stationary objects, remove clippings, edge along sidewalks, etc. (estimated 24 jobs)
$ ________ per job
Prune and trim all shrubbery at the appropriate time in the Spring and Fall
$________ per job (2 jobs)
Fertilize lawn, trees, and shrubs, and treat for weeds, crabgrass, and insects
$ _________ per job (3 jobs)
Spring and Fall cleanups
$ _________ per job (2 jobs)
SHUT DOWN AND WINTERIZE SPRINKLER
SYSTEM
$ ________ (1 JOB)
SPRAY ROCK BEDS
AROUND BUILDING AND UPPER AIR
BUILDING FOR WEEDS
$ ________ (6 JOBS)
7 67
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1305M325Q0074
(Option Line Item)
Anticipated Exercise Date: 30
Product/Service Code: S208
Period of Performance: 04/01/2029 to 03/31/2030
1305M325Q0074 BASE
Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments
Section II - Supplies or Services and Price/Costs
CLIN List
Item Number Description Quantity Unit Unit Price Amount
BASE YEAR
PERIOD OF PERFORMANCE
04/01/2025 THROUGH 03/31/2026
PROVIDE ALL PERSONNEL, TOOLS,
EQUIPMENT, MATERIALS, LABOR, AND
SUPERVISION TO PROVIDE LAWN CARE AND
GROUNDS KEEPING SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED AT 2301
UNIVERSITY DRIVE, BLDG 27, BISMARCK, ND
58502-7595, IN ACCORDANCE WITH THE
STATEMENT OF WORK AND THE APPLICABLE
DEPARTMENT OF LABOR WAGE
DETERMINATION.
The quantities listed below are estimates only.
Contractor shall be paid for actual work performed.
Mow lawn, trim around building and stationary objects, remove clippings, edge along sidewalks, etc. (estimated 24 jobs) $ ________ per job
Prune and trim all shrubbery at the appropriate time in the Spring and Fall $________ per job (2 jobs)
Fertilize lawn, trees, and shrubs, and treat for weeds, crabgrass, and insects
$ _________ per job (3 jobs)
Spring and Fall cleanups
$ _________ per job (2 jobs)
SHUT DOWN AND WINTERIZE SPRINKLER
SYSTEM
$ ________ (1 JOB)
Item Number Description Quantity Unit Unit Price Amount
SPRAY ROCK BEDS
AROUND BUILDING AND UPPER AIR
BUILDING FOR WEEDS
$ ________ (6 JOBS)
Award Type: Firm-fixed-price Product/Service Code: S208 Requisition No: 142030-25-0046 Period of Performance: 04/01/2025 to 03/31/2026
OPTION YEAR 1
PERIOD OF PERFORMANCE
04/01/2026 THROUGH 03/31/2027
PROVIDE ALL PERSONNEL, TOOLS,
EQUIPMENT, MATERIALS, LABOR, AND
SUPERVISION TO PROVIDE LAWN CARE AND
GROUNDS KEEPING SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED AT 2301
UNIVERSITY DRIVE, BLDG 27, BISMARCK, ND
58502-7595, IN ACCORDANCE WITH THE
STATEMENT OF WORK AND THE APPLICABLE
DEPARTMENT OF LABOR WAGE
DETERMINATION.
The quantities listed below are estimates only.
Contractor shall be paid for actual work performed.
Mow lawn, trim around building and stationary objects, remove clippings, edge along sidewalks, etc. (estimated 24 jobs) $ ________ per job
Prune and trim all shrubbery at the appropriate time in the Spring and Fall $________ per job (2 jobs)
Fertilize lawn, trees, and shrubs, and treat for weeds, crabgrass, and insects
$ _________ per job (3 jobs)
Item Number Description Quantity Unit Unit Price Amount
Spring and Fall cleanups
$ _________ per job (2 jobs)
SHUT DOWN AND WINTERIZE SPRINKLER
SYSTEM
$ ________ (1 JOB)
SPRAY ROCK BEDS
AROUND BUILDING AND UPPER AIR
BUILDING FOR WEEDS
$ ________ (6 JOBS)
Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 30 Product/Service Code: S208 Period of Performance: 04/30/2026 to 03/31/2027
OPTION YEAR 2
PERIOD OF PERFORMANCE
04/01/2027 THROUGH 03/31/2028
PROVIDE ALL PERSONNEL, TOOLS,
EQUIPMENT, MATERIALS, LABOR, AND
SUPERVISION TO PROVIDE LAWN CARE AND
GROUNDS KEEPING SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED AT 2301
UNIVERSITY DRIVE, BLDG 27, BISMARCK, ND
58502-7595, IN ACCORDANCE WITH THE
STATEMENT OF WORK AND THE APPLICABLE
DEPARTMENT OF LABOR WAGE
DETERMINATION.
The quantities listed below are estimates only.
Contractor shall be paid for actual work performed.
Mow lawn, trim around building and stationary objects, remove clippings, edge along sidewalks, etc. (estimated 24 jobs) $ ________ per job
Item Number Description Quantity Unit Unit Price Amount
Prune and trim all shrubbery at the appropriate time in the Spring and Fall $________ per job (2 jobs)
Fertilize lawn, trees, and shrubs, and treat for weeds, crabgrass, and insects
$ _________ per job (3 jobs)
Spring and Fall cleanups
$ _________ per job (2 jobs)
SHUT DOWN AND WINTERIZE SPRINKLER
SYSTEM
$ ________ (1 JOB)
SPRAY ROCK BEDS
AROUND BUILDI
Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 30 Product/Service Code: S208 Period of Performance: 04/01/2027 to 03/31/2028
OPTION YEAR 3
PERIOD OF PERFORMANCE
04/01/2028 THROUGH 03/31/2029
PROVIDE ALL PERSONNEL, TOOLS,
EQUIPMENT, MATERIALS, LABOR, AND
SUPERVISION TO PROVIDE LAWN CARE AND
GROUNDS KEEPING SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED AT 2301
UNIVERSITY DRIVE, BLDG 27, BISMARCK, ND
58502-7595, IN ACCORDANCE WITH THE
STATEMENT OF WORK AND THE APPLICABLE
DEPARTMENT OF LABOR WAGE
DETERMINATION.
The quantities listed below are estimates only.
Contractor shall be paid for actual work
Item Number Description Quantity Unit Unit Price Amount performed.
Mow lawn, trim around building and stationary objects, remove clippings, edge along sidewalks, etc. (estimated 24 jobs) $ ________ per job
Prune and trim all shrubbery at the appropriate time in the Spring and Fall $________ per job (2 jobs)
Fertilize lawn, trees, and shrubs, and treat for weeds, crabgrass, and insects
$ _________ per job (3 jobs)
Spring and Fall cleanups
$ _________ per job (2 jobs)
SHUT DOWN AND WINTERIZE SPRINKLER
SYSTEM
$ ________ (1 JOB)
SPRAY ROCK BEDS
AROUND BUILDI
Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 30 Product/Service Code: S208 Period of Performance: 04/01/2028 to 03/31/2029
OPTION YEAR 4
PERIOD OF PERFORMANCE
04/01/2029 THROUGH 03/31/2030
PROVIDE ALL PERSONNEL, TOOLS,
EQUIPMENT, MATERIALS, LABOR, AND
SUPERVISION TO PROVIDE LAWN CARE AND
GROUNDS KEEPING SERVICES FOR THE
NATIONAL WEATHER SERVICE WEATHER
FORECAST OFFICE LOCATED AT 2301
UNIVERSITY DRIVE, BLDG 27, BISMARCK, ND
58502-7595, IN ACCORDANCE WITH THE
STATEMENT OF WORK AND THE APPLICABLE
Item Number Description Quantity Unit Unit Price Amount
DEPARTMENT OF LABOR WAGE
DETERMINATION.
The quantities listed below are estimates only.
Contractor shall be paid for actual work performed.
Mow lawn, trim around building and stationary objects, remove clippings, edge along sidewalks, etc. (estimated 24 jobs) $ ________ per job
Prune and trim all shrubbery at the appropriate time in the Spring and Fall $________ per job (2 jobs)
Fertilize lawn, trees, and shrubs, and treat for weeds, crabgrass, and insects
$ _________ per job (3 jobs)
Spring and Fall cleanups
$ _________ per job (2 jobs)
SHUT DOWN AND WINTERIZE SPRINKLER
SYSTEM
$ ________ (1 JOB)
SPRAY ROCK BEDS
AROUND BUILDING AND UPPER AIR
BUILDING FOR WEEDS
$ ________ (6 JOBS)
Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 30 Product/Service Code: S208 Period of Performance: 04/01/2029 to 03/31/2030
Section III - Description/Specifications
Statement of Work SOW
National Weather Service Statement of Work Lawn Care Service
Location:
NWS Forecast Office Bismarck 2301 University Drive Bldg 27 Bismarck, ND 58504-7595 Burleigh County
Local Government Contact Point The local point of contact is the MIC, Jeffrey Savadel ASA Kenneth Simosko 701-250-4224.
Scope The contractor shall provide all personnel, tools, equipment, materials and supervision for the duties required to care for all of the grounds within the boundaries of the Weather Forecast Office as described in this statement of work (SOW). Cutting equipment blades shall be sharp to ensure a high quality cut and minimize disease.
Approximately ¾ acre of mow able grass
Description of Work The Contractor shall:
1. Mow all grassy areas weekly from approximately first week in April to last week in September, or as needed per MIC request. Non-irrigated areas may be reduced during the dry season.
2. Mowing shall be with a (reel/rotary/mulching) mower.
3. Mowing height shall be no lower than 3 inches in accordance to grass type and variety.
4. Mow all grassy areas as shown on the attached drawing.
5. Trim with a string trimmer around the fences, buildings, driveway, sidewalks, equipment and other stationary objects. Care should be exercised to prevent damage to existing trees, shrubs, bushes and other obstructions. Clippings will be collected and removed by the contractor.
6. Clean all clippings from sidewalks, curbs, and roadways immediately after mowing and/or trimming
7. Spring and fall cleanup.
8. Blow out sprinklers at the end of the watering season.
9. Remove weeds and grasses by hand, chemical (spray) or mechanical means in shrubbery areas, all rock areas or mulch-covered areas. This to include area surrounding the upper air inflation shelter.
Remove dried/dead stems/debris.
Additional Requirements The Contractor shall:
1. Prune and trim all trees and shrubbery in the Spring and Fall. Shrubs shall be pruned to ensure proper informal shape, fullness, and bloom. Tree pruning is limited to branches below twenty (20) feet in height. The contractor shall remove all debris.
2. Fertilize lawn; treat for weeds, crabgrass and insects in the weekly mow area and the upper air area only in accordance with (IAW) industry standards. These applications shall follow a schedule of:
a. Spring - Pre-emergent, broadleaf weed and crabgrass control.
b. Summer insect control (including grubs) application.
c. Fall - Fertilize and broadleaf weed control
Inspections and Acceptance The MIC or their designee has designated authority to make a full inspection to see that the contract is completed per the SOW. The contractor shall be notified before departure if any items are sub-standard.
Terms of SOW
1. The Contractor will bill on a monthly basis in arrears for the service provided.
2. The contractor, if remotely located, shall designate a representative local to the contract with contact numbers, for the government's local representative to communicate with about the quality or work, progress, and technical details of the project.
3. The government reserves the right to waive lawn care or request lawn care to ensure the grounds keep a well-maintained appearance.
4. The Contractor shall ensure that all debris is cleaned up before they leave.
5. The Contractor shall ensure that no hoses or tools are left out or placed (used) in such a way that they become a trip hazard or impede normal access to the buildings and property.
6. The Contractor will follow all Federal, State, and Local regulations.
7. The Contractor is responsible for the clean-up and remediation of any chemical/compound spills he made.
8. Upon arrival the Contractor and/or employee shall sign in on the security log sheet when entering the property.
-END OF SOW-
Section IX - Contract Clauses
Clauses Incorporated by Reference Clause Number Clause Title
52.204-7 System for Award Management. (NOV 2024)
52.204-9 Personal Identity Verification of Contractor Personnel.
(JAN 2011)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting.
(AUG 2020)
52.204-17 Ownership or Control of Offeror. (AUG 2020)
52.204-18 Commercial and Government Entity Code Maintenance.
(AUG 2020)
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)
52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. (MAY 2024)
52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021)
52.223-5 Pollution Prevention and Right-to-Know Information.
(MAY 2024)
52.223-10 Waste Reduction Program. (MAY 2024) 52.232-18 Availability of Funds. (APR 1984)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)
1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)
52.237-1 Site Visit. (APR 1984)
Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
(End of provision)
A site visit is highly recommended but not required. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Please contact Jeffrey Savadel (jeffrey.savadel@noaa.gov, 701-250-4224) to set up a time to visit the site. All questions during the site visit should be submitted electronically to Isabel.Vigil@noaa.gov.
Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION mailto:jeffrey.savadel@noaa.gov
The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services.
The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that-
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-
It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.
(DEC 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(c) Procedures. (1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
(End of provision)
FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services. (MAY 2014)
(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.
(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.
(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:
(1) National Industries for the Blind, 1310 Braddock Place, Alexandria, VA 22314-1691,
(703) 310-0500; and
(2) NISH, 8401 Old Courthouse Road, Vienna, VA 22182, (571) 226-4660.
(End of clause)
FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)
(a) North American Industry Classification System (NAICS) code and small business size standard.
The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-
(1) Is set aside for small business and has a value above the simplified acquisition threshold;
(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references
(including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.
(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.
(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by-
(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or
(ii) Contacting the Defense Standardization Program Office by telephone at 571- 767-6688 or email at assisthelp@dla.mil.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable.
The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) [Reserved]
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
FAR 52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021)
Offers will be evaluated based on price and the factors set forth in paragraph (a).
(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. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following;
1. Technical Acceptability/Capability.
The Offeror’s overall technical approach will be evaluated to assess the Government's level of confidence in the Offeror’s understanding of, approach to, and ability to successfully perform the requirements as described in the Statement of Work. Provide a detailed description of the company’s experience performing similar services. A detailed technical approach write-up describing how the Offeror will perform this service is required to be submitted with the quote regardless of whether a site visit was made or not. The technical approach write-up must not be a reiteration of the Statement of Work, but how your company plans on performing the tasks listed in the attached Statement of Work. (i.e. performance checklists, anticipated number of employees, anticipated hours at the facility and/or confirmation of supplies being provided, etc.)
2. Past Performance, including submission of completed Past Performance Questionnaires.
Quote shall include at least two references from at least two separate contracts for similar and relevant services including the name, phone number, full address, and e-mail address of the reference to demonstrate the offeror’s capability to successfully perform the services listed in the Statement of Work. The offeror is required to fill out blocks 1-4 and send the attached Past Performance Questionnaire to the references provided by the offeror in their submission, and email the completed survey form directly to Isabel.Vigil@noaa.gov by the closing date and time of this solicitation. The Government reserves the right to consider past performance report forms received after the due date and time of the solicitation, past performance questionnaires submitted from previous solicitations, and to contact references for verification or additional information. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of Offeror performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services. Offerors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance.
3. Price.
The Government will evaluate the price quote for completeness and reasonableness in relation to the RFQ requirements. Quoted prices must be entirely compatible with the Non-Price Technical Solution.
The Government intends to award a low priced, technically acceptable, multiple firm fixed-price purchase order on an all or none basis with payment terms of Net 30.
(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.
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