Janitorial Services _ Swan Lake Ranger Station
Department of Agriculture, Forest Service | Published May 13, 2013 - Deadline May 28, 2013
The awarded contract will be firm fixed price.
(2) This solicitation is issued as a Request for Quotation (RFQ).
(3) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-66B
(4) The solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 561720 Janitorial Services. The Small business size standard is 16.5 million dollars.
(5) The Combined synopsis/solicitation is for the purchase of the following commercial items.
SECTION B - SERVICES AND PRICES
See attachment Schedule_Question
Item 1 - Janitorial Services for Swan Lake Ranger District
BASIS OF AWARD
One award will be made. Offer of award will be made to the Quoter(s) whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to such factors as price, past performance and capability to accomplish this type of work. The Experience Questionnaire will be used as part of this evaluation.
The Contractor shall institute a complete Quality Control Plan (QCP) to ensure the requirements of this contract are provided as specified. The goal of the QCP should be to identify and correct any problems that may arise before they are identified by the CO or his/her representative. A written Quality Control Plan must be submitted to the Government prior to commencement of work and will be incorporated into the resultant contract.
SCOPE OF CONTRACT
The scope of this contract is to provide janitorial services for the Administration Building and a wellness facility in an out building at the Swan Lake Ranger Station, Bigfork, Montana, in strict compliance with the terms, specifications, conditions and provisions contained herein. The Contractor shall furnish all labor, supplies (except Government - Furnished Property listed below), equipment, transportation, and supervision necessary to maintain the designated buildings in a clean, sanitary, and acceptable condition.
The Contractor shall be responsible for the cleanliness and sanitation in areas used for offices and storage in accordance with general commercial practices.
DESCRIPTION OF ADMINISTRATION BUILDING
MAIN OFFICE - Floor area is approximately 8,206 square feet. This includes first floor offices, hallways, stairs, two bathrooms upstairs, conference room, basement offices, and two bathrooms downstairs.
WELLNESS ROOM - The wellness room is 792 square feet.
PLACE OF PERFORMANCE
The Swan Lake Ranger Station is located at 200 Ranger Station Road in Bigfork, Montana.
The Base Contract period is June 1, 2013, through May 31, 2014. The Option Period One Contract is June 1, 2014, through May 31, 2015.
PERFORMANCE BASED SERVICE CONTRACT
This work is being solicited as performance based, commercial item contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided, an adjustment to the payment will be made. A commercial item contract streamlines the terms and conditions to resemble those already used in the everyday marketplace.
SERVICE CONTRACT ACT
This contract is subject to the Service Contract Ace. Please see attached Wage Determination: Wage Determination NO.: 2005-2317, Revision No.: 12, Date of Revision 6/13/2012.
MEASURMENT AND PAYMENT
Monthly payments will be made for janitorial services which have been satisfactorily provided during that month. Submit invoice for payment to the Contracting Officers Representative. Invoice will be reviewed and approved or rejected by the COR within 7 days of receipt of the invoice. Rejected invoices must be corrected and resubmitted. COR will forward the approved invoice to the Contracting Officer for payment processing.
BUILDING SECURITY AND ENERGY CONSERVATION
The Contractor shall be responsible for safeguarding all Government property used or accessed during performance of contract work. At the end of each work period, all Government facilities, equipment and materials shall be secured. Windows shall be closed and locked
The Contractor shall limit the use of Government entry cards to access Government facility for performance of contract work. The Contractor shall not duplicate any entry cards issued by the Government and shall immediately report to the Contracting Officer any occurrences of lost or duplicated Cards.
The Contractor shall double check all doors nightly. The combination to the front and back entry doors will be given to the Contractor. The combination shall not be given out to others without approval from the Contracting Officer's Representative (COR). The Contractor shall be notified when the combination is changed.
Upon completing the scheduled work in the building, the Contractor shall ensure that the entrance/exit doors and windows are locked, even if there are Forest Service employees in the building. Lights shall not be left on or windows open in areas where the Contractor has completed the work.
Contractor Employee Qualifications: The Contractor shall employ competent and skilled personnel. The offeror is required to submit a list of personnel who will do the work and the extent of their experience. Prior to change of personnel, a list shall be submitted with names and their experience to the Contracting Officer for approval.
The Contractor or Contractor's personnel shall not disturb papers or equipment on desks, computers and terminals, open drawers or cabinets, or use the telephones except for emergency calls to police or fire departments. The Contractor or employees shall not bring children to the premises while the work is being performed. All personnel shall have some identification with the Contractor's company i.e. identification badge, uniform with company name or other similar identification.
The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met. The Contractor shall provide a Site Specific Quality Control Plan with initial offer.
The Site Specific Quality Control Plan must contain the following in regards to the purchasing and use of bioprefered products to be considered Complete:
(a) Identification of all biobased products to be acquired, used, and installed in the
performance of custodial/janitorial services;
Records of inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.
A description of the inspection system shall include control procedures for any Government provided keys or lock combinations, location of the documented inspections and corrective or preventive actions taken, and a customer comments feedback system.
The Government will evaluate the Contractor's performance under this contract. A variety of surveillance methods may be used (i.e., random sampling, an entire inspection, or customer feedback). When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.
Please see Quality Assurance Surveillance Plan attached.
Cloths, mops, or brushes containing a residue of wax or other combustible material, subject to spontaneous ignition shall not be stored in the building. The Contractor shall conduct all operations in compliance with the normal safety standards for this type of work.
The Government will deliver to the Contractor materials, supplies, property or services (hereinafter referred to as "Government-furnished property") as listed below. As supplies need replenishing, the Contractor shall notify the Contracting Officer's Representative (COR) on a monthly basis so needed items can be ordered. The Contractor shall be liable for all loss or damage of such delivered Government-furnished property until completion and final acceptance of work required under this contract. If the Government fails to make timely delivery of such government-furnished property suitable for its intended use and upon written request from the Contractor, the Contracting Officer will make an equitable adjustment of contract delivery or performance dates or contract price or both.
The Government will furnish the following items:
(a) Liquid soap, toilet paper, paper towels, room deodorant and garbage can bags.
(b) Keys for paper towel, and toilet paper dispensers shall be signed for and returned upon completion or termination of the contract.
The days of work shall be Monday through Friday, Saturday or Sunday can be substituted for Friday. Work hours shall be between the hours of 6:30 p.m. and 5:00 a.m. except on weekends. Weekend cleaning may be performed at any time during the weekend. Work to be performed outside of these hours must be approved. Provide 48 hour notice to the COR for blinds, carpet and window cleaning.
SITE VISIT (FAR 52.237-1) (APRIL 1984)
Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
Interested parties desiring to inspect the work area are asked to make an appointment with Beth Pargman telephone (406) 837-7515 at the Swan Lake Ranger Station.
Item 1a Services Done Three Days Per Week (Sunday, Tuesday, Thursday) or as specified.
(1) Wastebaskets shall be emptied, washed as necessary, and lined with garbage bags. Waste paper and trash shall be deposited in designated containers. The blue paper recycle wastebaskets in the work areas shall be emptied once a week. Recycling paper shall be removed from the facility and delivered to a recycling business.
(2) Floors shall be vacuumed or swept clean and damp-mopped to remove dirt. Carpets and carpet runners shall be thoroughly vacuumed to remove all dust, dust balls, dirt, and other debris. Carpet stains or spots shall be removed by the dry cleaning or dry suds method. All tile and linoleum shall be damp-mopped to remove dirt that remains after sweeping or vacuuming. All vinyl mop boards shall be damp-mopped as needed. All kitchen and restroom floors shall be swept clean, free of marks, and damp-mopped.
(3) All exposed surfaces of book cases, tables, counter tops, desks, file cabinets, chairs, furniture and window sills shall be dust-free. Walls, woodwork, and glass surfaces shall be free of smudges and finger marks. All counter, ledge, display surfaces and wall corners shall be kept clean and free of dust and cobwebs. Business machines, terminals, consoles, plotting boards and equipment of similar nature shall not be dusted.
(4) Toilet bowls and urinals shall be kept clean, free of marks, and disinfected. All stains shall be removed including residue, rust, water deposits, and water rings.
(5) Sinks surfaces shall be cleaned of all grease, soap film and dirt. Chrome-plated hardware shall be damp-wiped and polished dry. Abrasive cleaners shall not be used on chromium trim.
(6) Bathroom fixtures & surfaces including walls, doors, stalls, toilet paper dispensers, towel dispensers, and other fixtures shall be kept clean, disinfected, and free of water spots, marks and residue. Abrasive cleaners shall not be used. Mirrors to be kept clean, dry, and free of streaks and residue.
(7) Supplies of toilet paper, paper towels, and liquid soap shall be maintained in the restrooms. A can of room deodorant shall be kept in each restroom.
(8) Drinking fountains shall be cleaned and disinfected.
(9) Cobwebs at all levels shall be removed.
(10) Front and rear steps shall be swept, including 2 sets of stairs down to the basement outside doors and the front entrance wheelchair ramp and catwalk.
(11) Mats at inside entrances shall be vacuumed. Mats at outside entrances shall be swept clear of all dirt and debris or washed if needed.
(12) Walls, doors, trim, outside of microwave(s) and refrigerator(s) shall be cleaned to remove small areas of dirt, hand smudges, grease stains and friction marks.
(13) Window panes of front, side, and rear entryway doors and all adjacent doorway windows inside and outside the building shall be washed, dried, and have a clean, streak free appearance.
Pay Item -1a Services to be done two times per month for 8 months (depending on weather conditions). (April - November)
(15) Sweep Conference Room deck and steps
1st and 3rd week of each month.
This service is not required when snow is present.
Item 1a Services to be done four times per year.
(16) Vacuum or dust blinds. Damp-wipe walls moldings and window ledges. Work will be completed as follows unless otherwise approved:
2nd Week of January
2nd Week of April
2nd Week of July
2nd Week of October
(Pay Item 1a) Services done 1 time per week. (Sunday)
(17) Wastebaskets shall be emptied, washed as necessary, and lined with garbage bags. Waste paper and trash shall be deposited in designated containers.
(18) Floors shall be vacuumed clean and damp-mopped to remove dirt.
(19) Showers will be kept clean, disinfected, and free of water spots, marks, and residue.
(20) Toilet bowls and urinals shall be kept clean, free of marks, and disinfected. All stains shall be removed including residue, rust, water deposits, and water rings.
(21) Sinks surfaces shall be cleaned of all grease, soap film and dirt. Chrome-plated hardware shall be damp-wiped and polished dry. Abrasive cleaners shall not be used on chromium trim.
(22) Bathroom fixtures & surfaces including walls, doors, stalls, toilet paper dispensers, towel dispensers, and other fixtures shall be washed with disinfectant cleaner. Abrasive cleaners shall not be used. Mirrors to be cleaned with glass cleaner.
(23) Supplies of toilet paper, paper towels, and liquid soap shall be maintained in the restrooms. A can of room deodorant shall be kept in each restroom.
(24) Cobwebs at all levels shall be removed
Item 1b, 1c, 1d Services to be done two times per year.
(1b) Glass to be cleaned inside and outside of all windows including screens. All interior and exterior surfaces of windows, glass doors and entry way doors shall be cleaned to remove streaks, film stains and mineral deposits. Screens shall be dusted or damp-wiped to remove dirt. Window sashes, sills, woodwork around interior glass and other surroundings shall be thoroughly wiped free of drippings and other watermarks. Work will be completed the following weeks, unless otherwise directed or approved.
2nd week of May and the
2nd week of September
(1c) Wash light fixtures inside and out in the Main Office. All burned out or defective bulbs and fluorescent tubes shall be reported to the COR. Work will be completed the following weeks, unless otherwise directed or approved.
2nd week of February and the
2nd week of August
(1d) All carpets will be professionally cleaned. Work will be completed the following weeks, unless otherwise directed or approved.
2nd week of April and
2nd week of September
DAMAGE TO GOVERNMENT BUILDINGS AND EQUIPMENT
Building finishes and equipment soiled or damaged due to the Contractor's operations shall be cleaned, repaired, replaced or restored to a condition not less than that existing immediately prior to the damage.
The Contractor shall provide and maintain a file with copies of Material Safety Data Sheets (MSDS) for all chemical products used under this contract. This file shall be kept in the building and accessible to the CO at all times.
This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, and are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).
In compliance of the United States Department of Agriculture's (USDA) Green Purchasing Affirmative Procurement Program (GPAPP), the Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, "Strengthening Federal Environmental, Energy and Transportation Management," and the Federal Acquisition Regulation (FAR) to provide bio-based products.
The Contractor shall utilize products and material made from biobased materials (e.g.,biobased polishes, biobased cleaning fluids, biobased sanitizers) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).
The following is a list of categories for products that may be required for performance of custodial/janitorial and ground maintenance duties. This list is not all inclusive. Each product submitted for use under this contract must be identified with at least one of these categories (some products may be listed under more than one category). Labeling shall be printed on all containers.
All purpose cleaner
Heavy duty cleaner
Floor finish restorer
Neutral cleaner (liquid)
Spot and stain remover
Lime and scale remover (tub & tile cleaner)
Air freshener including dispenser
Liquid hand soap including dispenser
Stainless steel polish
Toilet bowl cleaner
White board cleaner
Wood floor cleaner
Biobased products that are designated for preferred procurement under USDA's BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov.
For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov/
The Contractor should provide data for their biobased products such as biobased content. In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other biobased products. The Contractor shall submit with the initial offer as a part of the Site Specific Quality Control Plan a list of biobased products to be acquired, used, installed, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes. The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification. The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
Within thirty (30) days of contract award, the Contractor shall submit a Biobased Products Operations and Maintenance Plan. This submittal shall be approved by the COR in writing.
The Plan must be reviewed and updated annually, and as required by the COR. The Plan
must contain and define the following elements:
The Contractor's written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.
Detail on how the Contractor intends to keep abreast of the development and
increasing availability of biobased products and how any new or improved
products will be incorporated on an ongoing basis into contract performance.
Proposed biobased custodial products which must be selected in accordance with
the criteria included above. At a minimum, the Plan must identify products by
brand name for each of the product types.
NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.
The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.
The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data will be submitted to the COR quarterly.
A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.
FAR 52.212-4 Contract Terms and Conditions - Commercial Items (FEB 2012)
(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 Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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, contract 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 be notified in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer - Other Than Central Contractor Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(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 contract 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.
(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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 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.
(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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and
10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws Unique to Government Contracts 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.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) Central Contractor Registration (CCR).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.
FAR 52.212-4 Addendum to - Contract Terms (FEB 2012)
Requirement to Complete USDA Privacy Basics Course
USDA Policy requires that all Contractors who have access to processes or maintains protection of personal information maintained by the Forest Service successfully complete the USDA Privacy Basics training course. Contractors are required to complete the course prior to the performance start date or no later than 30 days after contract award or notice to proceed. The Contractor will be provided training course materials and instructions for course completion.
FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
AGAR 452.204-71 Personal Identity Verification of Contractor Employees (OCT 2007)
(a) The Contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 2620-002 series.
(b) Should the results of the PIV process require the exclusion of a Contractor's employee; the Contracting Officer will notify the Contractor in writing.
(c) The Contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.
(d) The responsibility of maintaining a sufficient workforce remains with the Contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.
(e) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system.
(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR/COTR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive Contractor identity information from 800-5:00 Monday through Friday, 650 Wolfpack Way, Kalispell, MT. The Government will notify the Contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the Contractor's responsibility to meet all aspects of paragraphs (c), (d),and (e).
AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)
(a) This award is subject to the provisions contained in sections 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 been 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 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, amended and/or subsequently enacted.
FAR 52.217-8 Option to Extend Services (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 2 years 6 months.
FAR 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 fifteen days; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 2 years 6 months.
FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (JUL 2012)
(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.
(c) In the performance of this contract, the Contractor shall-
(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;
(2) Submit this report no later than-
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance; and
(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.
(d) The environmental point of contact for this contract is: Please contact the applicable POC.
Distribution of Reports POC Technical Issues/BioPreferred Website Reporting Tool POC
Cele Aguirre-Bravo Ron Buckhalt
Agency (FS) POC USDA Program Manager
BioPreferred Program BioPreferred Program
1621 North Kent Street 361 Reporters Building
Arlington, VA 22209 300 7th Street SW
Telephone: (703) 605-5144 Washington, DC 20024
Fax: (703) 605-5100 Telephone: (202) 205-4008
Agency website for reporting: http://www.biopreferred.gov/FARReporting/FARReporting.xhtml
FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)
Funds are not presently available for performance under this contract beyond March1, 2013. 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 March1, 2013, 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.
FAR 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) (AUG 2012)
This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.
(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.
(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.
(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
FAR 52.236-7 Permits and Responsibilities (NOV 1991)
The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations - www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.245-1 Government Property (APR 2012)
52.245-9 Use and Charges (APR 2012)
CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
The following attachments are a part of this solicitation and any resulting contract (see separate document(s)).
Wage Determination No. 2005-2317, (Rev. 12), Dated 6/13/2012; Page(s) 9
Invoice Procedures for Western Montana Acquisition Zone, 4 pages
FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations - www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1)
52.212-1 Instructions to Offerors-Commercial Items (FEB 2012)
52.223-1 Biobased Product Certification (MAY 2012) *(As prescribed in FAR Subpart 23.4; also see list of designated items at http://www.biopreferred.gov/DesignationItemList.aspx)
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (DEC 2012)
FAR 52.215-5 Facsimile Proposals (OCT 1997)