Sol_140P2020Q0002.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

DSC

Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy DOI, NPS, DSC Contracting Services

CODE 16. ADMINISTERED BYCODE

X

X

115112

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORPDS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/22/2020 1300 MT

05/11/2020

303 969 2064Todd Stackhouse (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P2020Q0002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 56 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS, DSC Contracting Services Div

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

a) Information and requirements stated in sections "B" through "J" & attachments noted in section "J" apply to this solicitation and the subsequent agreement.

b) Refer to section "L" for proposal submittal requirements.

c) This is currently an unfunded requirement with a high expectation that funds will be available.

When and if funds become available a contract will be awarded at that time.

d) Do NOT use FedConnect for any correspondence;

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Todd Stackhouse

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

the government cannot receive or respond to communications through FedConnect. Offerors shall submit proposals and questions, and acknowledge solicitation amendments as stated in section "L" of this solicitation

Legacy Doc #: NPS

Period of Performance: 05/27/2020 to 05/26/2025

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

56 2 of

NPS DSC Seed Increase BPA 140P2020Q0002 Denver Service Center Page 3 of 56

Description of Agreement: This requirement is for a Multiple-Award Blanket Purchase Agreement (BPA) for commercial items service conducted under FAR Subpart 13.303. The vendor shall furnish Seed Increase Services at there facilities with deliver to various NPS locations to be identified in individual calls as described herein, if and when requested by the contracting officer (or the authorized representative of the contracting officer) during the performance period specified and within the stipulated aggregate amount. All purchases placed under this BPA shall be firm fixed price type.

Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under the BPA.

Estimated Value of BPA: The total aggregate amount of all purchases under this BPA is expected not to exceed $3,000,000.00. The frequency of purchases are expected to be about 5-10 per year.

Purchase Limitation: The maximum limit per purchase is $700,000.00.

Individuals Authorized to Order Under the BPA: Orders may be placed by warranted contracting officers (contract specialists and purchasing agents) of the National Park Service within their respective warrant authority and within the designated Order Limitation set forth in this BPA.

Duration of BPA: The BPA includes a 1-year base plus four 1-year options. The BPA shall commence from date of award and expire in one year, unless options are exercised by written modification.

Denver Service Center Page 4 of 56

SCHEDULE

Line Item Description Unit of

Measure 0001 Base Year EA 0002 Option Year 1 EA 0003 Option Year 2 EA 0004 Option Year 3 EA 0005 Option Year 4 EA

EA=Each

(End of Schedule)

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STATEMENT OF WORK

National Park Service Native Seed Increase

Scope: The contractor shall perform work related to seed increase in a high elevation environment (> 6,000’). The contractor will use government furnished seed to start seed increase fields for native seed production. These park specific ecotypes of genetic sourced seed is needed for utilization in the recovery of disturbed areas as a result of transportation, facility, and visitor enhancement developments occurring at parks. The contractor will be requested to perform the following tasks: establishment and harvesting of seed from NPS genetic stocks; cleaning, testing and storing native seed; and delivery of propagated seed.

Confidentiality: The information and genetic seed stock developed and increased under this contract is the property of the U.S. government and shall be kept in strict confidence.

Performance Period: Base year from the date of award plus four one-year options.

Contacts:

The following individuals are to be contacted with any questions, concerns, and issues regarding this work. No other individuals are authorized to make decisions regarding this work during any portion of the work.

• Contracting Officer (CO): Todd Stackhouse, todd_stackhouse@nps.gov, 303-969-2064

• Contracting Officer’s Representative (COR): Ken Stella, ken_stella@nps.gov, 303-969-2119

• Ad Hoc: Katharine Vinzant, katie_vinzant@nps.gov

Acronyms:

NPS – National Park Service CO- Contracting Officer COR- Contracting Officer’s Representative NPS-National Park Service

General Description of Work

Locally collected genetically appropriate seed performs well in revegetation work and utilizing ecologically appropriate seed supports the mission and policies of the National Park Service. Tasks for a contractor to provide seed increase services to the NPS include maximizing production of government furnished seed in seed increase fields, minimizing non-target plants in seed produced (weeds, off type bromes, and other non-target species), seed harvesting, seed cleaning, seed testing, seed storage, and seed delivery.

The scope of services included in this contract will require the contractor to utilize park collected (government furnished) seed to establish seed increase fields and maximize production of the species planted. Generally, the process begins with a park unit collecting park specific ecotype seed then providing the contractor with these hand collected accessions. The collections will then be tested for purity and viability by the contractor, sown in a field setting at the requested field size and fields will be maintained, including weed treatments, for the period of performance specified in the contract. Each harvest year the contractor will harvest to minimize non-target species and maximize viable seed quantities of target species. Harvested seed will be handled, dried and stored per industry standards to maximize seed viability. Harvested seed will be tested, stored, and delivered to the park unit.

Typically seed provided to the contractor to be grown in increase fields will originate from populations that are high elevations or have short growing seasons. Thus it is crucial that the seed increase production environment includes areas of high elevation (>6,000’) and is overseen by staff familiar with the unique requirements of plant accessions originating from high elevation or short growing season environments. The intent is to ensure plant materials adapted to the shorter growing season associated with the high elevation environment from which the collected germplasm originates is produced.

Scope of Services

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The contractor will manage these native seed production fields by providing fertilization, irrigation and weed control for the species at optimal time periods, also harvest the seed at maximum maturation time for maximum seed production. The contractor will ensure the prevention of cross-pollination with local varietals of the same or similar species and will provide documentation of prevention methods. Field Inspection reports conducted by Colorado Seed Growers Association, or equivalent, will be supplied yearly as written documentation.

Task 1. Native Seed Increase For seed production this task will include all labor and materials for seed cleaning, testing and inventorying; field preparation, planting and establishment; field maintenance, harvesting of seed and curation; and final seed cleaning and testing and shipment of seed. Seed storage shall be in a controlled environment for a maximum of 5 years after the final production year. However, conditions due to weather, insect damage, seed viability, and other acts beyond the control of the contractor may result in the contractor not meeting production goals. In this event, contractor and NPS will meet to adjust the existing contract and negotiate reimbursement for field maintenance costs. Adjustments to the contract will be based on NPS needs and the contractor capabilities to meet these needs given the unexpected contingencies.

Common species for NPS revegetation and seed increase include many grass species (Table 1). Common species or their equivalents will be the most commonly grown species however the list below is not exhaustive. If a species that is particularly labor intensive to start or harvest is selected for increase then NPS and the contractor will negotiate other viable species alternatives or appropriate reimbursement to work with selected (difficult) species.

Table 1. Common NPS seed increase species.

Scientific name Common Name Achnatherum hymenoides Rice grass Bouteloua gracilis Blue grama grass

Bromus anomalus Nodding brome

Bromus marginatus Mountain brome

Deschampsia cespitosa Tufted hairgrass

Elymus canadensis Canada wildrye

Elymus trachycaulus Slender wheatgrass

Elymus elymoides Bottlebrush squireltail Elymus glaucus Blue wildrye Festuca spp. Arizona Fescue, Idaho Fescue Koeleria macrantha Junegrass Muhlenbergia montana Mountain muhly Pascopyrum smithii Western wheatgrass Poa fendleriana Muttongrass Poa secunda Sandberg bluegrass Schizachyrium scoparium Little bluestem

Task 2. Annual Summary Report: The contractor will provide a brief annual summary report (2 page maximum with two photos) summarizing the production and seed test results of all species for this project and send a copy to the COR by March 15th. Reports likely to start in calendar year after field activities are initiated in the first year of the contract.

Task 3. Seed Shipment: Seed will be shipped directly to the park upon request by the park, and as agreed upon by the COR and contractor. Some spring seeding may be done by the parks thus requested delivery of some seed may

Denver Service Center Page 7 of 56 be in March. Most seeding is dormant season seeding thus common requested delivery will be in late summer or early fall. It is understood that delivery will be of the preceding years production.

QUALITY STANDARDS

Quality Standard shall be in accordance with, commercial practices and as described in this statement of work. All work within this Scope of Work shall adhere to Quality Standards outlined below. If discrepancies exist the more stringent standards shall apply. All seed, plants and other propagules resulting from this agreement are from NPS germplasm and therefore property of the NPS. As projects are completed and materials are no longer needed, all existing seed, plants or other propagules will be provided to the NPS (ordering park unit) or destroyed as mutually agreed upon.

Inspections: All seed increase fields shall be inspected annually by a representative of the states’ Association of Official Seed Certifying Agencies (AOSCA). Inspections, land requirements, and isolation distances shall be based upon Foundation Certification Standards (AOSCA ©2012, Effective July 2011).

Limitations of Generations: The grower agrees to grow G0 seed stock for increase and provide G1 seed stock to the NPS. No further generations are allowable unless prior approved by the National Park Service COR and the park technical representative.

Volunteer plants: Every reasonable effort must be made to control volunteer plants (arising from seed or vegetative remnants). The grower shall identify all non-target species growing in the fields and provide this written information to the COR annually along with the certification inspection report from the AOSCA representative. Provided in annual progress report. Fields may be inspected by COR, without notice. Failure to control volunteer plants may be cause of rejection by CO.

Harvest: Identity and purity of seed must be maintained at all times during harvest. Equipment and facilities used for transporting, handling, and storing of seed must be as free as possible of other non-target seed and may be inspected by COR.

Seed Storage Seed shall not be allowed to become wet after harvest. Seed shall be stored in a building, shed or warehouse that allows air circulation and is protected from rain, moisture, temperature extremes and rodents or other conditions that would reduce the viability of the seed.

Seed Standards: The following minimum standards will apply to all seed increased.

i. Other Crop Seeds maximum 0.2%

ii. Weed Seeds maximum 0.1%

iii. Noxious weed seed 0%

iv. No “off type” brome seed

Substandard Seed: Seed that fails to meet the requirements may not be accepted by NPS. Contractor shall provide, in writing, the reasons for substandard seed. The CO will determine if reasons are beyond the control of the grower. If the reasons are determined to be beyond the control of the grower, a mutually agreed upon strategy to complete this contract will be sought, which may result in a modification of this contract.

Seed Shipment: Seed shall be shipped in a manner that will prevent damage to the seed and arrive expeditiously at the park. The Contractor shall provide notification to the COR 1 week before the seed is shipped, providing the Contractor has been notified two weeks prior to the date of need, and shall provide the tracking number of the package by email as soon as is practical.

Seed Delivery: All seed delivered shall conform to all laws and regulations pertaining to the shipment of seed required by the Federal Seed Act and the Seed laws pertaining to the representative state. Submit original seed test analysis and copy of the seed tags by lot number to the park Technical Contact and COR. Seed is to remain dry and unmixed upon delivery.

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Acceptance and Reporting: Acceptance will be determined by meeting all application, inspection and seed quality standards required by this statement of work.

Submittals: Both AOSCA and state certifying agencies require application for certification, regular field inspections, and seed analysis and testing. The Contractor shall provide emailed copies of the following to the COR in a reasonable and timely manner.

1. All field inspection reports.

2. Original seed analysis reports by lot number.

3. Copies of all seed tags and lot number information.

a. Percent and species of other crop seed

b. Percent and species of weed seed

c. Origin

d. 0% noxious weed seed

e. No “off type” brome seed

4. Annual summary report with two photos

5. Park collected seed analysis reports.

SCHEDULE

To be specified in each call order.

PROGRESS PLAN

To be specified in each call order.

Applicable Publications/Regulation

Seed Testing Procedures and Protocols AOSA. 1996. Rules for testing seeds. Journal of Seed Technology 16(3): 1–113.

AOSA. 1995. Uniform classification of weed and crop seeds. In: Larson AL, Wiersema JH, Handwerker T, eds. Contrib. 25. Handbook on seed testing. Lincoln, NE: AOSA.

AOSA. 2000.Tetrazolium testing handbook. Contrib. 29. Handbook on seed testing. Lincoln, NE: AOSA.

302 p.

ISTA [International Seed Testing Association]. 1996. International Rules for Seed Testing, 1996. Seed Science and Technology 21(Suppl.): 1–288.

Field Inspection References

Association of Official Seed Certifying Agencies (AOSCA). Inspections, land requirements, and isolation distances shall be based upon Foundation Certification Standards per AOSCA 2012, Effective July 2011 (https://www.aosca.org/). [insert Statement of Work, each line item must have a corresponding description of service and cite quality/performance standards, expected/required response timeframes]

(End of Statement of Work)

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INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

(End of Inspection and Acceptance)

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DELIVERIES OR PERFORMANCE

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

The following clause is provided in full text:

(End of Deliveries or Performance)

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ADMINISTRATION DATA

1.0 BPA PURCHASING INSTRUCTIONS

Purchases shall be solicited to all of the following BPAs unless the exception at FAR Subpart 13.106-1(b) or FAR Subpart 13.501(a) applies.

BPA

Number Vendor Name Address Office

Telephone# Facsimile# Email Address

[To be filled in at the time of award]

1.1 Quotes may be obtained through an oral or electronic solicitation in accordance with FAR Subpart 13.106-

1, and shall contain the following information:

• Performance work statement that includes a description of work to be performed, location of work, period of performance, deliverable schedule, applicable performance standards, and any special requirements;

• Applicable Service Contract Act wage determination table;

• Additional applicable provisions and/or clauses, if any;

• Quotation submission instructions;

o Quotation due date and time;

o Acceptable method of submission: oral or electronic means (via e-mail and/or facsimile);

• Any other quotation submission instructions.

1.2 Evaluation Criteria and Basis of Award. The evaluation criteria for each purchase will use provision

52.212-2 Evaluation – Commercial Items and the basis of award is outlined in 1.4, unless stated otherwise in the solicitation.

1.3 Award. Purchases will be issued on a Standard Form 1449 with the performance work statement.

1.4 Individual Call orders will be evaluated in accordance with the evaluation proceedures listed below.

The following provisions are provided in full text:

52.212-2 – EVALUATION – COMMERCIAL ITEMS (OCT 2014)

(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. The following factors shall be used to evaluate offers:

(i) price;

(ii) past performance

Past performance in more important than price.

(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

Denver Service Center Page 12 of 56 prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of Provision)

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) 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.

(b) 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.

(c) We request that you furnish the Contracting Officer 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. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) 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 http://www.cpars.csd.disa.milJ. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 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." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

http://www.cpars.csd.disa.milj/ http://www.cpars.csd.disa.mil/

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(1) 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 Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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 30- day review period.

(h) 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 provision)

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:

1. Invoice billed according to contract line items and rates.

2. If a purchase is partially 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.

3. If a purchase is partially billed, the last invoice shall state “FINAL”.

4. Contractor’s Release of Claims shall be submitted with the final invoice, if specifically required at the purchase level.

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

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

(End of Local Clause)

(End of Administration Data) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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SPECIAL REQUIREMENTS

The following provision is incorporated by reference:

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

52.203-3 GRATUITIES APR 1984

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

DEC 2013

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.212-4 Contract Terms and Conditions-Commercial Items. (Oct 2018)

(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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(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 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063244

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(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.

(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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5

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(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 32.608-2 of the Federal Acquisition Regulation 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:

(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.

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(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. 2409 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 ITEMS (MAR 2020)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.

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

__ (5) [Reserved].

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

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

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

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

__ (10) [Reserved].

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

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

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

__ (ii) Alternate I (Mar 2020) of…