Solicitation Clauses 12FPC422Q0006.pdf

Natural Resources Conservation Service (NRCS) Farm Service Agency (FSA) Ohio State County Offices Document Shredding and Destruction

Solicitation

12FPC422Q0006

PROVISIONS:

52.212-1 Instructions to Offerors- Commercial Items (Nov 2021)

52.212-2 Evaluation-Commercial Items (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The award will be made on the basis of the lowest evaluated price, as long as the quote meets or exceeds the minimum technical requirements listed below. Quotes will be rated as a “go or no go”

The following non-price technical requirements will be used to evaluate quotes:

1. Technical ability

a. Provide a brief narrative articulating your organizations technical ability to meet the requirements set forth in the Performance Work Statement. Narrative should demonstrate understanding of the requirement by describing approach for initial setup (bins, staff, and equipment), performance (scheduling, execution, manifesting and quality) for all sites throughout the State of Ohio IAW the SOW and customer schedule.

2. Past Performance

a. Provide three (3) references, to include names, telephone numbers and email addresses from similar scoped projects.

(End of provision)

52.217-5 Evaluation of Options. (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

CLAUSES:

52.212-4 Contract Terms and Conditions – Commercial Items (Nov 2021)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2022)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 Months.

(End of clause)

52.232-18 Availability of Funds. (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984)

Funds are not presently available for performance under this contract beyond 9/30/2022. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 9/30/2022, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

AGAR 452.232-70 - LIMITATION OF GOVERNMENT’S OBLIGATION

a) Contract line item(s) listed below is/are incrementally funded. For this/these item(s), the sum of $

[Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) below.

Line Item Price Currently Allotted

Funding Funds Required for Complete Funding

0001 Base Year

0004 Option Period 1

0007 Option Period 2

0010 Option Period 3

0013 Option Period 4

b) For item(s) identified in paragraph (a) as not fully funded, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement of authorized termination costs in the event of termination of those item(s) for the Government’s convenience, does not exceed the total amount currently allotted to the items not fully funded under the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” The total amount payable by the

Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

c) Notwithstanding the dates specified in the allotment schedule in paragraph (j), the Contractor will notify the

Contracting Officer in writing at least [thirty, sixty, or ninety, as appropriate] days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount currently allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j), or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded, for a subsequent period as may be specified in the allotment schedule in paragraph (j) or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph

(a) above, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs

(b) through (d) will apply similarly to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a), the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) above.

The termination provisions do not limit the rights of the Government under the clause entitled “Default” or “Termination for Cause”. The provisions are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) above. These terms no longer apply once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs

(e) and (f) above.

Nothing herein affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

Nothing herein shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

On execution of contract $

(month) (day), (year) $

The parties agree that the Government will allot funds to this contract in accordance with the following schedule:

[End of clause]

AGAR 452.211-72 Statement of Work/Specifications. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform Attachment - A Performance Work Statement and Attachment - B Ohio Shredding Locations referenced herein.

(End of Clause)

AGAR 452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is:

Base Period Date of Award: March 28, 2022(or actual date of award) - February 28, 2023

Option Period 1: March 1, 2023 - February 29, 2024 Option Period 2: March 1, 2024 - February 28, 2025 Option Period 3: March 1, 2025 - February 28, 2026 Option Period 4: March 1, 2026 - February 28, 2027

(End of Clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING

PLATFORM (IPP)

(a) Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). The Contractor must use the IPP website (https://www.ipp.gov) for submitting invoices. Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

(b) Under this contract, the following document(s) are required to be submitted as attachment(s) to the IPP invoice:

[Contracting Officer shall insert list of required supporting documentation, if any. Samples of additional types of documentation include but are not limited to, the additional documentation already required by the payment clauses for construction contracts, travel expense documentation, or labor category and quantity of hours.]