Winter Horse Pasture Solicitation Q0112.pdf
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- Winter Horse Pasture Federal contract opportunity
- Solicitation number
- 1240LS22Q0112
- Issued by
- Department of Agriculture Forest Service
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Solicitation Number: 1240LS22Q0112 FY 22 Winter Horse Pasture, (Ashley National Forest)
REGION 4 UTAH ACQUISITION SUPPORT CENTER INSTRUCTIONAL COVER SHEET
ISSUING OFFICE: U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
UTAH ACQUISITION SUPPORT CENTER
1749 W. 500 SOUTH
SALT LAKE CITY, UT 84104
FAX (801) 908-1930
SOLICITATION NO: 1240LS22Q0112
OFFERS ARE SOLICITED FOR: FY22 INTERMOUNTAIN REGION- R4, Winter Horse Pasture (Ashley NF) This project is set aside 100% for small business
IMPORTANT – NOTICE TO OFFEROR:
AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS SOLICITATION:
1. SF-1449 – SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS (Complete, Date and Sign)
2. SCHEDULE OF ITEMS
3. TECHNICAL RESPONSE AS IDENTIFIED IN EVALUATION FACTORS FOR AWARD
4. Part 5.1.2, OFFEROR REPRESENTATIONS AND CERTIFICATIONS, paragraph (b) of provision 52.212-3. (OFFEROR REPRESENTATIONS AND
CERTIFICATIONS-COMMERCIAL ITEMS), COMPLETE ENTIRE PROVISION OR PARAGRAPH (b) ONLY, AS APPLICABLE. (PAGE 63).
5. Part 5.1.2, OFFEROR REPRESENTATIONS AND CERTIFICATIONS. Paragraph (q) (2) of provision 52.212-3. (PAGE 74).
6. Exhibit #1-EXPERIENCE AND EQUIPMENT QUESTIONNAIRE.
7. ATTACHMENT F-FORM SF-1413 SUBCONTRACTOR (IF APPLICABLE).
Ensure the solicitation number is on the outside of your envelope and retain a copy of solicitation for your records.
Return to: USFS - Region 4 - Utah Acquisition Support Center
ATTN: Thomas J. Wenner 1749 W. 500 South Salt Lake City, UT 84104 Solicitation No: 1240LS22Q0077
Please keep a copy of your quote for your records.
AN AWARD WILL BE MADE FROM THIS SOLICITATION WHEN THE EVALUATION OF OFFERS HAS BEEN COMPLETED WHICH IS ANTICIPATED TO OCCUR SHORTLY AFTER
THE CLOSING DATE OF THE SOLICITATION. IN ORDER TO BE CONSIDERED FOR ANY AWARD, IT IS REQUIRED THAT CONTRACTORS BE REGISTERED, ACTIVE AND
VALID IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE AT THE TIME THAT AWARD WILL BE MADE. REFERENCE FAR 52.204-7 SYSTEM FOR
AWARD MANAGEMENT. IT IS RECOMMENDED THAT IF YOU ARE A CONTRACTOR THAT WILL BE RESPONDING TO THIS SOLICITATION AND NOT CURRENTLY
REGISTERED, ACTIVE AND VALID IN THE SAM DATABASE, THAT YOU IMMEDIATELY BEGIN THE PROCESS. CONTRACTORS MUST ALSO MEET THE SMALL BUSINESS
SIZE STANDARD OF THE NAIC’S CODE THAT THIS SOLICITATION IS ISSUED UNDER
THIS IS THE ONLY NOTICE THAT CONTRACTORS WILL GET INSTRUCTING THEM TO COMPLETE THE SAM REGISTRATION PROCESS IF THEY HAVE NOT ALREADY DONE
SO. THE WEBSITE IS https://www/sam.gov/portal/SAM/#1.
ALL SOLICITATIONS SHALL BE ISSUED THROUGH THE FEDERAL BUSINESS OPPORTUNITIES (www.fbo.gov).
IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH THE
FEDERAL BUSINESS OPPORTUNITIES WEBSITE.
http://www.fbo.gov/
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
40LS
OGDEN UT 84401-2310
324 25TH ST
USDA-FS CSA INTERMOUNTAIN 7
84A5 CODE 16. ADMINISTERED BYCODE
X
X
X
115210
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR40LS
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
09/13/2022 1100 MS
09/01/2022
801-908-1902THOMAS WENNER
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1240LS22Q0112
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 1072438OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
DUSCHENSE UT 84021
85 WEST MAIN
DUCHESNE RANGER DISTRICT
USDA FOREST SERVICE
15. DELIVER TO
OGDEN UT 84401-2310
324 25TH ST
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)
USDA-FS CSA INTERMOUNTAIN 7
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.
0001 Winter Horse Pasture for Recreation and Range 1 EA Stock
Period of Performance: 10/01/2022 to 09/30/2023
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
THOMAS J. WENNER
. 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.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
Section 1 –Schedule of Items
Schedule of Items
Winter Horse Pasture - Ashley National Forest
Base Item and Four Option Years:
Item 0001a – Base Year – October 1, 2022 Through May 15, 2023
Sub Item Description Quantity Unit Unit Price Total
1a Winter Horse Pasture 12 Month $ $
Total Quote: $
Item 0001b – Option Year One – October 1, 2023 Through May 15, 2024
Sub Item Description Quantity Unit Unit Price Total
1b Winter Horse Pasture 12 Month $ $
Item 0001c – Option Year Two – October 1, 2024 Through May 15, 2025
1c Winter Horse Pasture 12 Month $ $
Item 0001d – Option Year Three – October 1, 2025 Through May 15, 2026
1d Winter Horse Pasture 12 Month $ $
Item 0001e – Option Year Four – October 1, 2026 Through May 15, 2027
1e Winter Horse Pasture 12 Month $ $
Total of Items 0001a, 0001b, 0001c, 0001d, and 0001e Total: $
OFFERORS COMPANY INFORMATION:
Name of Company (please print):
SAM EIN Number:
Printed Name of Company Agent:
Signature of Company Agent:
Date:
Phone Number:
Email Address:
Section 2- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
The United States Department of Agriculture (USDA), Forest Service (FS), Intermountain Region, Ashely
National Forest, located in Manila, Utah, has need of winter horse pasture. The base item, and consecutive option years for this solicitation for the Winter Horse Pasture for the Ashley National Forest.
STATEMENT OF WORK: Winter stock pasture for approximately 15 head from October 1st to May 15th.
Pasture and or feed ground must be free of hazards such as: loose metal, wire, and machinery.
Fence must be a minimum of 42 inches in height, smooth wire or barbed is acceptable if it is in good conditions
(tight, 4 strand, etc.)
Pasture will provide adequate grass/alfalfa as forage for grazing that will meet the nutritional needs of the stock. If grazing forage becomes depleted, covered in snow, or during extreme cold conditions, supplemental feeding will be required to provide 20lbs of feed per animal per day. Supplemental feed is required to be a good quality grass/alfalfa hay, with no presence of mold or dust.
Provide adequate daily water source at 5 to 10 gallons per day per animal.
Pasture will need to provide adequate access to shelter to escape the wind and cold.
If Forest Service stock are pastured with other animals, there will be no studs or proud cut geldings.
Mules and horses are required to be checked daily during feeding for injuries, illness, or weight loss.
Animal’s condition shall be documented by COR when turning over care to the contractor and will include photographs of animal, scars, brands and markings, each animal is to be rated on the Hennecke condition scale upon delivery and pickup.
Notification to the COR or Forest Service agent is required within 24 hours of injuries and/or illness of any
Forest Service stock.
Inspection of stock will be completed on a weekly or bi-weekly basis depending on pasture location.
In case of stock death, the COR will be notified immediately, and an investigation will be initiated to determine the cause of death.
2.1 SCOPE OF CONTRACT
General
This contract shall provide winter horse pasture and animal services in accordance with the specifications and best commercial practices in a manner that will maintain a satisfactory and safe environment. The contractor shall furnish all supplies, materials, tools, equipment, labor, transportation, and supervision necessary to perform required care, feed and water in accordance with provisions herein.
c. Government-Furnished Property:
N/A
d. Contractor-Furnished Property and Services:
The following supplies will be furnished by the Contractor: Vendor will supply Pasture, Feed, Water and Care for Forest Service animals.
2.2 TECHNICAL SPECIFICATIONS
The tasks for each functional area are outlined in Technical Specifications and Service Delivery Summary Winter Horse Pasture Services. The performance of the tasks will be monitored periodically based on the Performance Requirements Summary Sheet (Attachment E) and reported monthly via the Quality Assurance Checklist (Attachment D(1)). The completed Checklist will be retained in the Contracting Officer’s Representative (COR) file and a copy provided to the Contracting Officer.
2.3 MEASUREMENT AND PAYMENT
Payment shall be made on a monthly basis at the unit price per month in accordance with all work accomplished during each previously completed service period (month). If Winter Horse Pasture services begin or end mid-month, payment for that period shall be prorated based on a 30-day month.
2.4 INSPECTION AND ACCEPTANCE
Services performed under this contract shall be subject to inspection and acceptance by the Government. The
Contracting Officer will furnish the Contractor with written notice of any item not meeting contract requirements. If deficiency is not corrected within 24 hours, the contractor may be considered in default of the contract. Regardless of inspections by the Government, the Contractor is responsible for self-inspection and maintaining work to the standards required in the specifications.
2.5 PERIOD OF PERFORMANCE
The contract shall become effective approximately October 1, 2022 and shall continue in effect until approximately May 15, 2027, unless terminated in accordance with other provisions contained herein. If option year awards are exercised, the contract time shall run from approximately October 1 through approximately May 15 of the following calendar year for each option renewal period. The contractor shall be required to commence work under this contract within three calendar days after receipt of the Notice to Proceed by the Contractor.
Winter Horse Pasture- with a base period beginning October 1, 2022 and continuing to May 15, 2023.
There is a possibility for 4 (Four) option years:
Option Year 1- October 1, 2023 to May 15, 2024 Option Year 2- October 1,2024 to May 15, 2025 Option Year 3- October 1, 2025 to May 15, 2026 Option Year 4- October 1, 2026 to May 15, 2027
2.6 PERMITS AND RESPONSIBILITIES
The contractor shall be responsible for all damages to persons or property that occurs as a result of the
Contractor’s fault or negligence. The Contractor shall take proper safety and health precautions to protect the animals and the pasture during the performance of the work.
2.7 USE OF PREMISES
2.8 REGUALTIONS/POLICIES
All activities for this contract are governed by the applicable Federal Acquisition Regulations (FAR) as supplemented by the Department of Agriculture Acquisition Regulations (AGAR) and the Forest Service Acquisition Regulations (FSAR) and established local policy and procedures.
2.9 TRAVEL
Travel reimbursement is not authorized under this contract.
2.10 GOVERNMENT VEHICLES
For purposes of this contract, Government furnished resources shall not include Government Vehicles, nor shall contractor personnel be allowed to ride in Government vehicles without prior authorization by the Contracting Officer.
2.11 . SECURITY
2.12 TRAINING
2.13 QUALITY
The Contractor shall develop and maintain a quality program to ensure the required services are performed in accordance with commonly accepted commercial practices, which may include service checklists or reports. The
Contractor shall implement procedures to identify, prevent and ensure non-recurrence of defective services. As a minimum, the Contractor shall develop quality control procedures addressing the areas identified in the PWS.
The Contracting Officer’s Representative (COR) will perform bimonthly inspections to evaluate the quality of work being performed. At any time when work is performed and is not in compliance with specifications, the Contractor will be informed and required to correct the deficiencies in accordance with FAR Clause 52.246-4 Inspection of Services Fixed Price. Acceptance of work will be determined by inspection of the entire job and will be based on adherences to the specification. The Contracting Officer’s Reprehensive (COR) will record the results of these inspections on a Quality Assurance Checklist (Attachment D(1)). Inspection will be conducted more frequently as deemed necessary by the Contracting Officer’s Representative (COR).
Government Remedies.
The Contracting Officer shall follow FAR 52.249-8 Default (Fixed-Price Supply and Service), for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.
Contractor’s Performance Assessment Reporting System (CPARS).
The attached Contracting Performance Report is provided for your information. This report will be completed by the Contracting officer’s Representative (COR) at the end of each performance period/option year. This information will be entered into the CPARS website.
Performance-Based Contracting.
Quality will be measured based on the standards and objectives listed in the Performance Requirements
Summary (Attachment E).
2.14 IDENTIFICATION OF CONTRACTOR EMPLOYEES
2.15 POINTS OF CONTACT (POC): The POCs are:
Contracting Officer’s Representative (COR): Contracting Officer (CO):
Jayson Roundy Thomas Wenner SUA Purchasing Agent Ashley National Forest Utah Acquisition Support Center Manila RD 1749 West 500 South 25 W. Hwy 43 Salt Lake City, UT 84104 Manila, UT 84046 Office Phone: 801-908-1902 Office Phone: 435-781-5281 Email: thomas.wenner@usda.gov Email: jayson.roundy@usda.gov mailto:thomas.wenner@usda.gov mailto:jayson.roundy@usda.gov
2.16 ATTACHEMENTS – See Section 4
Section 3 – CONTRACT CLAUSES
3.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(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 this/these address(es): https://www.acquisition.gov/?q=browsefar
CLAUSES INCORPORATED BY REFERENCE:
CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FAR 52.212-4)(NOV 2021)
ADDENDUM TO FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (INCORPORATED BY
REFERENCE ON STANDARD FORM 1449):
The following clauses are added to the terms and conditions in FAR 52.212-4
SYSTEM FOR AWARD MANAGEMENT (FAR 52.204-7)(OCT 2018)
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (FAR 52.204-9)(JAN 2011)
INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-19)(DEC 2014) PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (FAR 52.209-2)(NOV 2015)
CANCELLATION UNDER MULTI-YEAR CONTRACTS (FAR 52.217-2)(OCT 1997)
AFFIRMATIVE PROCURMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (FAR 52.223-2)(SEPT 2013)
POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (FAR 52.223-5)(MAY 2011)
DRUG FREE WORK PLACE (FAR 52.223-6)(MAY 2001)
PRIVACY ACT NOTIFICATION (FAR 52.224-1)(APR 1984)
LIMITATION ON WITHHOLDING OF PAYMENTS (FAR 52.232-9)(APR 1984)
EXTRAS (FAR 52.232-11)(APR 1984)
AVAILABILITY OF FUNDS (FAR 52.232-18)(APR 1984)
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (FAR 52.232-39)(JUN 2013)
PROVIDING ACELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (FAR 52.232-40)(DEC 2013)
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (FAR 52.233-4)(OCT 2004)
PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. (FAR 52.237-2)(APR 1984)
STOP-WORK ORDER (FAR 52.242-15)(AUG 1989)
GOVERNMENT DELAY OF WORK (FAR 52.242-17)(APR 1984)
GOVERNMENT PROPERTY (FAR 52.245-1)(JAN 2017)
USE AND CHARGES (FAR 52.245-9)(APR 2012)
INSPECTION OF SERVICES (FIXED PRICE) (FAR 52.246-4)(AUG 1996)
DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (FAR 52.249-8)(APR 1984)
RESTRICTION AGAINST DISCLOSURE (AGAR 452.237-75)(FEB 1988)
3.2 CLAUSES INCORPORATED BY FULL TEXT:
3.2.1 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS-COMMERCIAL ITEMS. (FAR 52.212-5)(MAY 2022)
https://www.acquisition.gov/?q=browsefar
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19
U.S.C. 3805 note)).
(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:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C.
4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt29t32%2B1665%2B30%2B%2B%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/
_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. (Nov 2021) ( 31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (13) [Reserved]
_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C. 657f).
__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) ( 15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).
__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.
13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
_X_ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (Jan 2021) of 52.225-3.
__ (iii) Alternate II (Jan 2021) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C.
3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(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 subpart 4.7, Contractor Records Retention, of the 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 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.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 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)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C.
2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
3.2.2 OPTION TO EXTEND SERVICES. (FAR 52.217-8)(NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of contract expiration.
3.2.3 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9)(MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least
60 days 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 5 years and 6 months.
3.2.4 AFFIRMATIVE PROCUREMENT OF BIOBASED PRDUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS (FAR 52.223-2)(SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are
United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR
3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov .
http://www.biopreferred.gov/
3.2.5 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (FAR 52.232-19)(APR
1984) Funds are not presently available for performance under this contract beyond July 14, 2023. 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 July 14, 2023, 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.
3.2.6 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (FAR 52.245-2)
(APR 2012)
a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.
(b) The Government bears no responsibility for repair or replacement of any lost, stolen, damaged or destroyed Government property. If any or all of the Government property is lost, stolen, damaged or destroyed or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.
(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.
(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.
(e) Government property provided under this clause include:
-keys and entrance code to access buildings, -dumpster for refuse and a dumpster for recycling materials
3.2.7 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS
FOR CORPORATE APPLICANTS (AGAR 452.209 – 71)(ALTERNATE 1)(SEPT 2015)
(a) This award is subject to the provisions contained in section 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has be assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, as amended and/or subsequently enacted.
3.2.8 EFFECTIVE PERIOD OF THE CONTRACT (AGAR 452.211-75)(FEB
1988)(DEVIATION)
The effective period of this contract is from October 1, 2022 through May 15, 2023, excluding possible option years.
3.2.9 POST AWARD CONFERENCE (AGAR 452.215-73)(NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a place and time to be determined between contractor and agency.
3.2.10 KEY PERSONNEL (AGAR 452.237-74)(FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Project Manager
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
3.2.11 INSPECTION OF WORKSITE
The Contractor should take reasonable steps to ascertain the nature and location of the project area and the work to be completed, as well as the general and local site conditions, which can affect the work and its cost.
Any failure of the Contractor to take actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.
SECTION 4--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
Attachment Description Pages
A Quality Assurance Surveillance Plan 3
B N/A 10
C N/A 3
D Quality Assurance Checklist – Customer Complaint Form 1
E Performance Requirements Summary 1
F Form SF-1413 Subcontractor 1
G N/A 2 Exhibit Description
1 Experience and Equipment Questionnaire (Contractor required to fill out and return with any offer submitted)
Attachment A - QUALITY ASSURANCE SURVEILLANCE PLAN
Quality Assurance Surveillance Plan
(QASP)
FOR SUPPORT OF
Winter Horse
Pasture Ashley National Forest
Introduction This Quality Assurance Surveillance Plan (QASP) is pursuant to the requirements listed in the statement of work. The contractor shall provide winter horse pasture services.
This QASP sets forth the procedures and guidelines the Forest Service will use in ensuring the required performance standards or service levels are achieved by the contractor.
The purpose of the QASP is to provide Government Surveillance oversight of the Contractor’s quality control efforts to assure that they are timely, effective, and is delivering the tasks specified in the contract. The QASP provides a means for evaluating whether the Contractor is meeting the performance standards/quality levels identified in the statement of work and the Contractor’s quality control plan, and to ensure that the government pays only for the level of services received. The required performance standards and/or quality levels are included in the statement of work and in section 14 Service Delivery Summary. If the Contractor meets the required service or performance level, it will be paid the monthly amount agreed on in the contract.
This QASP defines the roles and responsibilities of all members of the integrated project team (IPT), identifies the performance objectives, defines the methodologies used to monitor and evaluate the Contractor’s performance, describes quality assurance documentation requirements, and describes the analysis of quality assurance monitoring results.
The Contractor, and not the Government, is responsible for management and quality control actions necessary to meet the quality standards set forth by the contract. The QASP is not intended to duplicate the Contractor’s Management Plan. The Government may provide the Contractor an information copy of the QASP as an Attachment to the solicitation to support the Contractor’s efforts in developing its plan for maintaining the levels of quality anticipated to be delivered under the terms of the contract.
ROLES AND RESPONSIBILITIES
The Contracting Officer The contracting officer (CO) is responsible for monitoring contract compliance, contract administration, cost control, and for resolving any differences between the observations documented by the Contracting Officer’s Representative (COR) and the Contractor. The CO will designate one full-time COR as the government authority for performance management. The number of additional representatives serving as technical inspectors depends on the complexity of the services measured, as well as the Contractor’s performance, and must be identified and designated by the CO.
The Contracting Officer’s Representative
The contracting officer’s representative (COR) is designated in writing by the CO to act ad his or her authorized representative to assist in administering a contract. COR limitations are contained in the written appointment letter.
The COR is responsible for technical administration of the project and ensures proper government surveillance of the Contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the government’s behalf. Any changes that the Contractor deems may affect contract price, terms, or conditions shall be referred to the CO for action. The COR will have the responsibility for completing QA monitoring forms used to document the inspection and evaluation of the Contractor’s work performance. Government surveillance may occur under the inspection of services clause for any service relating to the contract.
Surveillance In an effort to minimize the performance management burden, simplified surveillance methods shall be used by the
Government to evaluate Contractor performance when appropriate. The primary methods of surveillance are:
Customer Feedback-Customer feedback may be obtained either from the results of formal customer satisfaction surveys of from random customer complaints. Customer complaints, to be considered valid, must set forth clearly and in writing the detailed nature of the complaint, must be signed and must be forwarded to the COR. The COR shall maintain a summary log of all formally received customer complaints as well as a copy of each complaint in a file. The COR shall also keep the tabulated results of all customer satisfaction surveys on file and shall enter the summary results into the
Quality Assurance Checklist.
Random Checks/ Inspections on Completion of Workload taskings-Random checks will be conducted to ensure compliance with the intent of the Statement of Work and common commercial practices. The COR will conduct the random monitoring.
Customer Feedback The contractor is expected to establish and maintain professional communication between its…
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