Sol_140L3626Q0056.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

140L3626Q0056

See Schedule See Schedule

BLM MT-STATE OFC(MT935)

5001 SOUTHGATE DR.

BILLINGS MT 59101

09/15/2026 1300 MD

0044057540

Jorge Alvarez 8545001840

LMA 100.00

LMA

Jorge Alvarez

561730

$9.5

09/03/2026

0011276417

ADMINISTERED BY:

BLM MT STATE OFC(MT935)

5001 SOUTHGATE DR.

BILLINGS MT 59101 US

DELIVER TO:

BLM-MT BILLINGS FIELD OFFICE

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

5001 SOUTHGATE DR

BILLINGS MT 59101-4669 US

Delivery: 10/15/2027

Period of Performance: 03/01/2027 to

10/15/2027

00010 2026 BiFO Trail Maintenance

Product/Service Code: Z1PA

Product/Service Description: MAINTENANCE OF

RECREATION FACILITIES (NON-BUILDING)

Request for Quotes 2026 Trail Maintenance Montana

THIS PAGE INTENTIONALLY LEFT BLANK

2026 Trail Maintenance

MONTANA

FOREWORD

The Department of Interior, Bureau of Land Management (BLM), Montana State Office, is soliciting quotes to maintenance of 22.5 miles of designated trails. Tasks include restoring, repairing, clearing debris, grading, filling ruts, reshaping tread, cleaning drainage structures, and widening pullouts. Post-repair, trails are raked with a drag or rock rake behind an ATV/UTV. All trails involved are at least UTV width (about 72 inches). The project’s location is within Carbon County, Montana.

PROCUREMENT OVERVIEW

TYPE OF CONTRACT: Service, Firm Fixed Priced (FFP), Single Award Contract

NAICS CODE: 561730, Landscaping Services

RESTRICTIONS ON CONTACTS: All correspondence shall be through the Contracting Officer listed below:

Bureau of Land Management Attn: Jorge Alvarez Phone: (854) 500-1840 Email: jalvarez@ios.doi.gov

QUESTIONS DUE: 11 September 2026 at 1:00 pm, Mountain Time. Questions submitted after this date and time will be accepted but may not be answered. All questions must be submitted in writing via e-mail to Jorge Alvarez.

QUOTE RESPONSE DATE: 15 September 2026 at 1:00 pm, Mountain Time. All quotes must be submitted via email to Jorge Alvarez.

METHOD OF PROCUREMENT: This procurement is set-aside for Small Business Concerns and is a service acquisition, pursuant to Federal Acquisition Regulations (FAR) Part 12 and Part 37.

SAM: Effective November 12, 2024, any contractor interested in doing business with the Federal Government must be registered in the System for Award Management (SAM) when submitting an offer or quotation and at time of award.

Contractors may obtain information on registration and annual confirmation requirements via the SAM website accessed through https://www.sam.gov or by the Federal Service Desk at https://www.fsd.gov/gsafsd_sp.

IPP: Payment requests for the anticipated contract must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP). IPP is a secure, web-based service that more efficiently managements government invoicing from purchase order through payment notification at no charge to federal agencies and their vendors. The IPP website address is https://www.ipp.gov/. The contractor must use the IPP website to register access and use IPP for submitted request for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Customer Support Team via email PPCustomerSupport@fiscal.treasury.gov or via phone at 1-866-973-3131.

If the contractor is unable to comply with the requirements to use IPP for submitting invoices for payment, the contract must submit a waiver request in writing to the Contracting Officer with its quote.

mailto:jalvarez@ios.doi.gov https://www.fsd.gov/gsafsd_sp

Table of Contents

PRICE SCHEDULE

VOLUME 1: REQUIRED DOCUMENTATION

VOLUME 2: PRICE

CONTRACT CLAUSES

LIST OF ATTACHMENTS

THIS PAGE INTENTIONALLY LEFT BLANK

PRICE SCHEDULE

Quoters are to complete Block 24 of the SF 1449 with the total proposed fixed price.

PRICE SCHEDULE

(a) Quotes will be considered for award on the following Schedule.

(b) All quotes are subject to the terms and conditions of this solicitation.

Price Schedule

PAY ITEM

Unit of Measure QTY

Unit Price TOTAL

Trail Maintenance Miles 22.5

TOTAL

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

Clause Title Date

52.204-7 System for Award Management August 2025

PROVISIONS INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (September 2025)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

52.237-1 Site Visit (April 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)

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://acquisition.gov/far/index.html.

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Department of Interior Acquisition Regulation Supplement (DIARS) (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

SUBMITTAL OF QUESTIONS

Quoters shall submit questions by 11 September 2026 at 1:00 pm, Mountain Time. Questions submitted after this date and time will be accepted but may not be answered.

http://acquisition.gov/far/index.html

SUPPLEMENTAL INSTRUCTIONS – PREPARATION OF QUOTE - COMPETITIVE ACQUISTION

Addendum to 52.212-1, Instructions to Offerors-Commercial (Deviation Aug 2025)

(a) General

(1) The Bureau of Land Management (BLM) intends to conduct this acquisition by using competitive procedures in accordance with provisions set forth in the request for quote (RFQ) and FAR Part 12. The Government intends to award a single contract to the responsible firm whose quote is most advantageous to the Government in terms of price.

(2) The Government shall not award any contract if the resulting contract would not represent a “best value” to the Government.

(3) To assure timely and equitable evaluation of quotes, quoters are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete quote. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and those identified as evaluation factors. Failure to furnish a complete quote, at the time of submission, may result in the quote being unacceptable to the Government and eliminated from consideration for award.

(4) Quoters are cautioned to submit adequate information to enable the Government to fully ascertain each quoter’s capability to perform the requirements. Commitments made in the quote will become a part of the resultant contract.

(5) The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial quotes, the Contracting Officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists, no additional cost information will be requested. However, if at any time during this competition, the Contracting Officer determines that adequate price competition no longer exists, quoters may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness of the price.

(6) If a quoter believes that requirements in these instructions contain an error, omission, or are otherwise flawed, the quoter shall immediately notify the Contracting Officer in writing (email) with supporting rationale by the Questions Due Date provided on the Foreword Page. All concerns and questions shall be submitted to Jorge Alvarez jorge_alvarez@ios.doi.gov.

(7) A quote that is orderly and sufficiently documented will enable the Government to perform a thorough and fair evaluation.

Quotes that fail to address any of the evaluation criteria may be deemed incomplete, and the quote may be removed from further consideration.

(8) Quoters are advised that the Government intends to award without deliberations but reserves the right to hold deliberations if determined necessary. Therefore, quotes should be submitted initially on the most favorable terms from a price standpoint.

Quoters should not assume they will be contacted or afforded an opportunity to clarify, discuss or revise their quotes.

(9) Quotes must set forth full, accurate, and complete information as required by this RFQ, (including attachments), if applicable.

The penalty for making false statements is prescribed in 18 U.S.C. 1001.

(11) Quote must be valid for a minimum of 30 days.

(12) Quoters must complete the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/. The Government shall obtain quoters’ representations and certifications through this system.

(13) Electronic volumes must be separate attachments.

(14) Unless stated otherwise, alternate quotes are not authorized and will not be accepted.

(15) Award is subject to and based on the availability of funds. This project is currently funded based on an independent cost estimate.

(16) Including all other factors, to qualify for award, a quoter must be determined responsible in accordance with Federal Acquisition Regulation Part 9.

QUOTE SUBMITTAL

Addendum to 52.212-1, Instructions to Offerors-Commercial (Deviation Aug 2025)

The quoter is to submit a fully compliant quote to the following email addresses:

jorge_alvarez@ios.doi.gov https://www.sam.gov/portal/public/SAM/ mailto:jorge_alvarez@ios.doi.gov

Quoter is to submit four volumes.

VOLUME FORMAT INSTRUCTIONS

Addendum to 52.212-1, Instructions to Offerors-Commercial (Deviation Aug 2025)

(a) Each volume must be contained in a separate file.

(b) Each volume must contain a cover page with Volume Number & Title.

The quote and its page limitations are as follows:

VOLUME TITLE NUMBER OF COPIES REQUIRED TOTAL PAGE

LIMITATION

Volume 1 Required Documentation 1 electronic copy Unlimited

Volume 2 Pricing 1 electronic copy Unlimited

*The following are excluded from the page count: (1) Schedule of Items, (2) Standard Forms 18, (3) Table of Contents, (4) Section Dividers (Tabs), (5) Cover Pages, (6) Title Pages, and (7) Pricing.

VOLUME 1: REQUIRED DOCUMENTATION

Addendum to 52.212-1, Instructions to Offerors-Commercial (Deviation Aug 2025)

(a) Complete Blocks 17 and 24 Standard Form (SF) 1449. An official with authority to contractually bind the quoter's company must complete and sign Blocks 30a, 30b, and 30c of SF1449. Failure to complete and sign all required blocks will result in an unacceptable quote.

(b) Acknowledgement of Amendments: Acknowledge all solicitation amendments.

VOLUME 2: PRICING

Addendum to 52.212-1, Instructions to Offerors-Commercial (Deviation Aug 2025)

(a) Complete and submit the Price Schedule and enter total proposed fixed price in Block 24 of SF 1449. Labor costs associated with this project shall be in accordance with Service Wage Rate Requirements Statute.

(b) Quotes will be considered for award on the price schedule.

(END OF SECTION)

EVALUATION FACTORS FOR AWARD

Addendum to 52.212-2, Evaluation - Commercial Products and Commercial Services (Deviation Aug 2025)

BASIS FOR CONTRACT AWARD

(a) This acquisition is a Total Small Business set-aside under the North American Industry Classification System (NAICS) Code 561730 with a small business size standard of $9.5 million. A quoter determined to be other than a small business will be deemed ineligible for award.

(b) Award will be made to the responsible firm whose quote is most advantageous to the Government in terms of price only.

(b) The Government intends to make ONE award based on evaluation of quotes submitted in response to this solicitation. Award will be made to the responsible quoter whose quote conforms to all solicitation requirements, such as terms and conditions, representations and certifications, and provides the best value to the Government based on the results of the evaluation.

EVALUATION PROCESS

The evaluation process will be accomplished as follows:

PRICE

The Government will review prices provided and make awarded to the lowest priced responsible quoter.

VOLUME 1: REQUIRED DOCUMENTATION

Volume 1 will be evaluated for acceptability only. Acceptability includes complete and accurate forms.

VOLUME 2: PRICE

(a) The Government will evaluate quotes for award purposes by adding the total price of all line-items.

(b) Price reasonableness, for a price to be reasonable, it must represent a price to the Government that a prudent person would pay in the conduct of competitive business. Normally, price reasonableness is established through competitive quotations. For additional information, see FAR 31.201-3, Determining Reasonableness.

(c) Affordability: An affordability assessment will consider if the proposed price is within the Government’s funding profile.

CONTRACT ADMINISTRATION DATA

CLAUSES INCORPORATED BY FULL TEXT

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) DOI-AAAP-

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:

1. Invoice date and Government Contract Number

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. Contractor’s Official Invoice (must reference Purchase Order Number and the contractor’s invoice number)

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 quotation.

(End of Local Clause)

LOCAL INTERNET PAYMENT PLATFORM (IPP) HOTLINE

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

GOVERNMENT POINTS OF CONTACT

Jorge Alvarez Contracting Officer Department of the Interior Servicing the Bureau of Land Management Montana/Dakotas State Office Phone: (854) 500-1840 Email: jalvarez@ios.doi.gov

CONTRACT CLAUSES

52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following address:

HTTPS://WWW.ACQUISITION.GOV/FAR-OVERHAUL/FAR-PART-DEVIATION-GUIDE/FAR-OVERHAUL-PART-

52#FAR_52_216_1

Clause Title Date

52.203-17 Contractor Employee Whistleblower Rights November 2023 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation January 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements January 2017 52.204-13 System for Award Management Maintenance August 2025 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation November 2015 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations August 2025 52.214-34 Submission of Offers in the English Language April 1991 52.214-35 Submission of Offers in U.S. Currency April 1991 52.219-6 Notice of Total Small Business Set Aside September 2025 52.219-28 Post-Award Small Business Program Representation September 2025 52.222-3 Convict Labor September 2025 52.222-41 Service Contract Labor Standards April 2026 52.222-42 Statement of Equivalent Rates for Federal Hires May 2014 52.222-50 Combating Trafficking in Persons September 2025 52.222-55 Minimum Wages Under Executive Order 13658 September 2025 52.222-62 Paid Sick Leave Under Executive Order 13706 September 2025 52.222-90 Addressing DEI Discrimination by Federal Contractors. April 2026 52.223-5 Pollution Prevention and Right-to-Know Information May 2024 52.223-23 Sustainable Products and Services September 2025 52.226-7 Drug Free Workplace May 2024

52.226-8 Encouraging Contractor Policy to Ban Text Messaging While Driving May 2024

52.232-33 Payment by Electronic Funds Transfer-- System for Award Management October 2018

52.232-39 Unenforceability of Unauthorized Obligations June 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors March 2023

52.233-1, Alt 1 Disputes August 2025 52.233-3 Protest After Award August 2025 52.233-4 Applicable Law for Breach of Contract Claim August 2025 mailto:jalvarez@ios.doi.gov https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_216_1 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_216_1

52.237-2 Protection of Government Buildings, Equipment, and Vegetation April 1984 52.240-90 Security Prohibitions and Exclusions Representations and Certifications. August 2025

52.244-6 Subcontracts for Commercial Items September 2025

52.253-1 Computer Generated Forms September 2025

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 Terms and Conditions—Commercial Products and Commercial Services.

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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.

(3) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards;

41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(u) 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)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (February 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): http://acquisition.gov/far/index.html .

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSE (November 2020)

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

(b) The use in this solicitation or contract of any FAR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

LIST OF ATTACHMENTS

Number Description Number of Pages

1 Attachment 1 - PWS 2026 Trail Maintenance 4 http://acquisition.gov/far/index.html

2 Attachment 2 - Acton Recreation Area Map 3 3 Attachment 3 - Wage Determination - Carbon County 7

Wage rate requirements are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are included in this Section.

Applicable wage rates can be found at https://sam.gov/content/wage-determinations

(END OF SOLICITATION)

https://sam.gov/content/wage-determinations