Sol_140F0S23Q0018.pdf
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- Attached to
- FL LWR SUWANNEE NWR HAZARDOUS FUELS REDUCTION
- Solicitation number
- 140F0S23Q0018
About this file
This is a combined synopsis and solicitation for hazardous wildfire fuels reduction and habitat restoration services. The solicitation is a 100% total small business set-aside issued by the US Fish and Wildlife Service to be performed at the Lower Suwannee National Wildlife Refuge in Florida. The project consists of mastication, herbicide application, and planting of 300,000 longleaf pine seedlings across 330 acres in three phases, in accordance with the attached scope of work and wage determination. Quotes are due by April 3, 2023 and must include all required documents submitted via email. The period of performance is from notice to proceed to January 15, 2024. The award will be made using best value tradeoff to the offeror providing the best value to the government based on an evaluation of technical capabilities, past performance, price, and other factors.
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Other files
| File | Type | Posted |
|---|---|---|
| Sol_140F0S23Q0018_Amd_0001.pdf | ||
| Attch1_ScopeOfWork_230306_18pp.pdf | ||
| Attch2_WD_2015-4577_DixieFL_11pp.pdf | ||
| Attch3_FAR_52_212-3_Dec2022_18pp.pdf |
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Text version
140F0S23Q0018
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
03/07/2023 0040609430
1 35
FWS, Over SAT G/S 5275 Leesburg Pike Falls Church VA 22041
FWS Over SAT G/S Multiple
FWS LWR SUWANNEE NWR
16450 NW 31ST PLACE
CHIEFLAND
FL 32626-4874
571 547-3470Nicole Johnson
04/03/2023 1600 ED
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
*Please read the entire Request for Quotation (RFQ) and all attachments prior to submitting quote.
Pursuant to the Federal Acquisition Regulation (FAR) 12.603(a) and 13.106, the Contracting Officer is issuing a combined synopsis/solicitation for the acquisition of Hazardous Wildfire Fuels Reduction and Habitat Restoration Services.
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.
This announcement constitutes the only 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 35
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140F0S23Q0018 solicitation; proposals are being requested and a written solicitation will not be issued.
Solicitation number 140F0S23Q0018 is being issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in affect through Federal Acquisition Circular
2023-02, effective February 14, 2023.
This is a 100% Total Small Business Set-Aside with an associated NAICS code of 115112 (Soil
Preparation, Planting, and Cultivating). The small business size standard is $8.5 million.
This solicitation is for a Firm Fixed Price contract.
LOCATION:
Lower Suwannee National Wildlife Refuge
16450 NW 31st Place, Chiefland, FL 32626
DESCRIPTION: The project is located on 23 sites consisting of 330 acres and will be completed in
3 phases: (Phase 1) Mastication/mulching of woody and palmetto groundcover; (Phase 2) Herbicide
Application; (Phase 3) Planting 300,000 containerized longleaf pine seedlings by hand, in compliance with the attached specifications, terms and provisions.
See the attached Scope of Work for maps and detailed requirements (Attachment 1). DOL Wage
Determination Number 2015-4577 Revision 22, Date of Last Revision 12-27-2022 is applicable to this solicitation and is hereby incorporated
(Attachment 2).
DATES: The period of performance is from the date of Notice to Proceed to January 15, 2024.
Provision 52.212-1, Instructions to
Offerors-Commercial Products and Commercial
Services, applies to this acquisition. Potential offerors shall read and comply with all terms and conditions. See Addendum FAR 52.212-1 for additional instructions.
Responses to this RFQ will be evaluated by Best
Value (Trade-off) determination in accordance with FAR 13.106-2 and FAR 15.101-1.
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
3 35
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140F0S23Q0018
Award will be made to the offeror whose quote, conforming to the solicitation, will be the best value to the Government. Quotes will be evaluated based on: Technical Capabilities, Past
Performance, Price, and other factors considered, in accordance with FAR 52.212-2, Evaluation-Commercial Items.
The FAR clause 52.212-4, Contract Terms and
Conditions-Commercial Products and Commercial
Services, applies to this acquisition.
The FAR clause 52.212-5, Contract Terms and
Conditions Required To Implement Statutes or
Executive Orders-Commercial Products and
Commercial Services, applies to this acquisition.
See this clause for additional FAR Clauses marked with "X" showing they are applicable to this acquisition.
System for Award Management (SAM) Registration: A prospective awardee shall be registered in the
SAM database prior to award. Information on registration may be obtained via the Internet at https://sam.gov/content/entity-registration
Site Visit:
An organized site visit has been scheduled for
Thursday, March 16, 2023 at 9:00 am EDT. For meeting location and registration information, please see FAR provision 52.237-1, Site Visit in
Section L of the attached documents.
Quote Submission:
Quotes (including all required documents) must be submitted via e-mail to nicole_c_johnson@fws.gov, no later than Monday, April 3, 2023, 6:00 pm EDT.
Please indicate the following in the subject line: Quote Submission-140F0S23Q0018
Question Submission:
In an effort to maintain a better log of inquiries and questions and to provide more detailed and faster responses, all questions shall be in writing via email (NO PHONE
INQUIRIES). Questions may be emailed to nicole_c_johnson@fws.gov. Inquiries received within 72 hours of the closing date may not receive a response. If necessary, questions received will be answered through an Amendment to this Solicitation.
Continued ...
4 35
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140F0S23Q0018
Contracting Point of Contact:
Nicole Johnson, Contract Specialist
US Fish and Wildlife Service, Joint
Administrative Operations nicole_c_johnson@fws.gov
Period of Performance: 04/17/2023 to 01/15/2024
00010 Mastication/Mulch Site Prep
Labor, supplies, equipment, etc. to mulch woody and palmetto groundcover, in accordance with the attached Scope of Work (SOW).
Delivery: 07/28/2023
Period of Performance: 04/17/2023 to 07/28/2023
00020 Herbicide Purchase, Delivery, and Application, in accordance with the attached SOW.
Delivery: 10/31/2023
Period of Performance: 08/01/2023 to 10/31/2023
00030 Tree Seedlings Purchase, Delivery, and Planting, in accordance with the attached SOW.
Delivery: 01/15/2024
Period of Performance: 11/15/2023 to 01/15/2024
LSNWR Fuel Reduction & Habitat Restoration – FL
Solicitation 140F0S23Q0018
SECTION B – Services and Prices 7 B.1.0 Price Schedule 7
SECTION C – Scope of Work 8 C.1.0 Specifications/Scope of Work 8
SECTION D – Packaging and Marking 8 D.1.0 Marking 8
SECTION E – Inspection and Acceptance 8 E.1.0 Inspection and Acceptance 8
SECTION F – Deliveries or Performance 8 F.1.0 Period of Performance 8
52.242-15 Stop Work Order. (AUG 1989) 8
SECTION G – Contract Administration Data 9 1452.201-70 Authorities and Delegations (SEP 2011) 9 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (APR 2013) 10 Notice to Contractors - Contractor Performance Assessment Reporting System (December 2015) 10
SECTION H – Special Contract Requirements 11
SECTION I – Contract Clauses 12 52.204-22 Alternative Line Item Proposal. (JAN 2017) 12 52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020) 12 52.202-1 Definitions. (JUN 2020) 12 52.203-3 Gratuities. (APR 1984) 12 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) 12 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of
Whistleblower Rights. (JUN 2020) 12 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content. (MAY 2011) 12 52.204-13 System for Award Management Maintenance. (OCT 2018) 12 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) 12 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 12 52.232-11 Extras. (APR 1984) 12 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021) 12 52.242-13 Bankruptcy. (JUL 1995) 12 52.253-1 Computer Generated Forms. (JAN 1991) 12 52.212-4 Contract Terms and Conditions – Commercial Items. (DEC 2022) 12 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—
Commercial Products and Commercial Services. (DEC 2022) 16 52.217-8 Option to Extend Services. (NOV 1999) 23 1452.228-70 Liability Insurance (JUL 1996) 23 52.236-13 Accident Prevention Alternate I. (NOV 1991) 24 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 25 52.252-2 Clauses Incorporated by Reference (Feb 1998) 25
SECTION J – List of Attachments 26 J.1.0 List of Documents, Exhibits, and Other Attachments 26
SECTION K – Representations, Certifications, and other Statements of Offerors. 27 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal
Transactions. (SEPT 2007) 27 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality
Agreements or Statements – Representation. (JAN 2017) 27 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) 27 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 27
52.209-5 Certification Regarding Responsibility Matters. (AUG 2020) 27 52.209-11 Representation by Corporations Regarding Certain Delinquent Tax Liability or a Felony
Conviction under any Federal Law. (AUG 2020) 27 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran – Representation and Certification. (JUN 2020) 27 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation. (JUN 2020) 27 52.212-3 Offeror Representations and Certifications – Commercial Items. (DEC 2022)* 27 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 27 52.209-7 Information Regarding Responsibility Matters. (OCT 2018) 29
SECTION L – Instructions, Conditions and Notices to Offerors 31 Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items. (NOV 2021) 31 L.1.0 General Information 31 L.1.1 Solicitation Points of Contact 31 L.1.2 Quote Delivery 31 L.2.0 Quote Preparation Instructions – General 31 L.2.1 Required Submittal Documents 31
52.204-7 System for Award Management. (OCT 2018) 32 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services. (NOV 2021) 32 52.216-1 Type of Contract. (APR 1984) 33 52.237-1 Site Visit. (APR 1984) 33 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) 33 52.252-5 Authorized Deviations in Provisions (Nov 2020) 34 1452.233-2 Service of Protest Department of the Interior (JUL 1996) (DEVIATION) 34
SECTION M – Evaluation Factors for Award 35 M.1 Basis of Award 35 M.2 Evaluation 35
52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021) 35 M.3 Evaluation Process 35
SECTION B – Services and Prices
B.1.0 Price Schedule
This requirement is for one (1) Firm Fixed Price Commercial Items Services Contract for a Hazardous
Wildfire Fuel Reduction and Habitat Restoration Project located on the Lower Suwannee National
Wildlife Refuge (LSNWR). The primary objective of this contract is to provide turn-key service for all phases of the project. The project is in Dixie County, Florida on 23 sites consisting of 330 acres and will incorporate mastication, herbicide application and tree planting.
The Contractor will be required to supply all goods and services for each phase of this Hazardous
Wildfire Fuel Reduction and Habitat Restoration Project as defined in the attached Scopes of Work
(SOW). The USFWS is requesting contractors provide pricing as indicated below:
Phase 1 (Period of Performance: Notice to Proceed date – July 28, 2023):
Item
No.
Supplies/Services Quantity Unit of
Measure
(UOM)
Unit
Price
Total
Amount
00010 Mastication /Mulch Site Prep –
Labor, supplies, equipment, etc. to mulch woody and palmetto groundcover.
330 Acre (AC)
Total cost for Phase 1
Phase 2 (Period of Performance: August 1 – October 31, 2023):
Item
No.
Supplies/Services Quantity UOM Unit
Price
Total
Amount
00020 Purchase the following chemicals:
Garlon RXT Triclopyr
Arsenal AC Imazapyr
RRSI NIS (Surfactant)
82.5
Gallon
Gallon
Gallon
00021 Herbicide Delivery to Site 1 Activity
Unit (AU)
00022 Herbicide Application Labor & all other associated costs
330 AC
Total cost for Phase 2
Phase 3 (Period of Performance: November 15, 2023 – January 15, 2024):
Item
No.
Supplies/Services Quantity UOM Unit Price Total
Amount
00030 Atlantic Costal Natural Longleaf Pine containerized Seedlings (6 in. container)
300,000 Each
00031 Seedlings Delivery to Site 1 AU
00032 Seedlings Hand Planting Labor & all other associated costs
330 AC
Total cost for Phase 3
Total for all 3 Phases: ________________
(End of Section B)
SECTION C – Scope of Work
C.1.0 Specifications/Scope of Work
See Attachment 1; Scope of Work contains specific project requirements for this procurement.
(End of Section C)
SECTION D – Packaging and Marking
D.1.0 Marking
See Attachment 1; Scope of Work contains specific labelling requirements for this procurement.
(End of Section D)
SECTION E – Inspection and Acceptance
E.1.0 Inspection and Acceptance
See Section I. FAR 52.212-4(a), Inspection/Acceptance, Contract Terms and Conditions –
Commercial Items. (DEC 2022) and the Scope of Work (Attachment 1).
(End of Section E)
SECTION F – Deliveries or Performance
F.1.0 Period of Performance
The contract will have one (1) base period from the Notice to Proceed Date to 01/15/2024.
Phase 1: Notice to Proceed Date to 07/28/2023
Phase 2: 08/01/2023 – 10/31/2023
Phase 3: 11/01/2023 – 01/15/2024
FAR Provision Incorporated by Reference
52.242-15 Stop Work Order. (AUG 1989)
(End of Section F)
SECTION G – Contract Administration Data
The following local clauses and notice are provided in full text:
1452.201-70 Authorities and Delegations (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
a. Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
b. Waive or agree to modification of the delivery schedule;
c. Make any final decision on any contract matter subject to the Disputes Clause;
d. Terminate, for any reason, the Contractor's right to proceed;
e. Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.
The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the
Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph
(e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph
(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of Local Clause)
Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (APR 2013)
Payment requests must be submitted electronically through the U. S. Department of the
Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the
Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the
IPP invoice:
• Company invoice billed according to contract line items and rates.
• If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.
• If final payment is billed, the last invoice shall state “FINAL”.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3
- 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email
IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
Notice to Contractors - Contractor Performance Assessment Reporting System (December 2015)
1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.
The Department of the Interior (DOI) has implemented the Contractor Performance Assessment
Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR
42.15.
2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.
Once the report is processed, it is available in the Past Performance Information Retrieval System
(PPIRS) for Government use in evaluating past performance as part of a source selection action.
3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
https://www.ipp.gov/ https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov
4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
c) All information provided should be reviewed for accuracy prior to submission.
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6) The following guidelines apply concerning your use of the past performance evaluation:
a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
(End of Notice) (End of Section G)
SECTION H – Special Contract Requirements N/A
(End of Section H)
SECTION I – Contract Clauses
FAR Provisions Incorporated by Reference:
52.204-22 Alternative Line Item Proposal. (JAN 2017)
52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)
FAR Clauses Incorporated by Reference:
52.202-1 Definitions. (JUN 2020)
52.203-3 Gratuities. (APR 1984)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (JUN 2020)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content. (MAY 2011)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)
52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)
52.232-11 Extras. (APR 1984)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021)
52.242-13 Bankruptcy. (JUL 1995)
52.253-1 Computer Generated Forms. (JAN 1991)
FAR Clauses – Incorporated Full Text
52.212-4 Contract Terms and Conditions – Commercial Items. (DEC 2022)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the
Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727).
However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The
Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic
Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and
Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.-
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt
Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.
https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-
5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting
Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
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(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the
Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the
Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the
Government using its standard record keeping system, have resulted from the termination. The
Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.
The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the
Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the
Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws
Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
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(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-
Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive
Orders—Commercial Products and Commercial Services. (DEC 2022)
(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 products and commercial services:
(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment. (Nov 2021) (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)).
https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4
(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 products and commercial services:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun
2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov
2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American
Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards (Jun 2020) (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. (Nov 2021) ( 31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022)
( 15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (13) [Reserved]
_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022)
( 15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
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__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
_X_ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep
2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct
2022) ( 15 U.S.C. 657f).
_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022)
( 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 (Oct 2022) ( 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 (Oct 2022)
( 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, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec
2022) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun
2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496).
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