Crystal Basin & Hwy 50 Corridor Vault Toilet Pumping
The Department of Agriculture, US Forest Service, Central California Acquisition Services Area, Eldorado National Forest has a requirement for vault toilet pumping and cleaning. This is a combined / solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://acquisition.gov/far.
This is solicitation no. AG-9JGP-S-17-0062, a Request for Quotations (RFQ), and is a 100% Total Small Business Set-Aside. The NAICS code is 562991 - Septic Tank and Related Services. The size requirement for this NAICS code is $7 million. The government intends to award a Firm Fixed-Price Contract with a Base and two Option years.
Specify price per Gallon (GAL) in your quotes. The price per gallon should encompass all expenses incurred including: trip to and from designated outhouses, pumping fees, disposal fees, and collection, removal and proper disposal of one (1) full 35 gallon trash bag. Estimates for costs involving additional trash removal shall also be included and designated in units of full 35 gallon trash bags. Include pricing for all items (see Attachment 1 - Schedule B).
Base Year:______________________
Option Year 1:___________________
Option Year 2: ___________________
Total: __________________________
CONTACTS: For Technical questions - contact Becky Shufelt (530) 647-5432.
For contracting questions - contact Gloria Trahey at (530) 543-2612.
SERVICE REQUIREMENTS AND LOCATIONS
C.1 General: The intent of this contract is to pump vault toilet facilities (66) within the Pacific and Placerville Ranger District, to include: pumping of toilet facilities within each individual site, remove and dispose of all effluent, and to clean all spilled materials (as a result of pumping and related activities) inside and/or surrounding each toilet building. Frequency of toilet pumping will be on as "as-needed basis."
C.1-1 Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.
C.1-2 Project Locations
The project is located on Eldorado National Forest, Pacific Ranger District and Placerville Ranger District at the following locations:
Crystal Basin Recreation Area (25 miles east northeast from Placerville, California):
Azalea Cove and Lone Rock Campgrounds are located approximately 3 miles northwest of the Crystal Ranger Station, north of Sunset Campground on the paved bike trail (vehicles permitted for cleaning). The legal description is Township 12 N., Range 14 E., Section 22, M.D.M
Big Hill Lookout is located approximately 3 miles west of the Crystal Ranger Station on Big Hill access road (paved FS road 11 N 58). The legal description is Township 12 N., Range 14 E., Section 33, M.D.M.
Big Silver Campground is located approximately 4 miles north of Crystal Ranger Station along Ice House Road. The legal description of this location is Township 12N., Range 14E., Section 23, M.D.M.
Camino Cove Campground is located approximately 11 miles northwest of Crystal Ranger Station along the Union Valley Road. The legal location is Township 12 N., Range 14E., Section 17, M.D.M.
Jones Fork Campground is located approximately 2 miles north of Crystal Ranger Station along Ice House Road. The legal description of this location is Township 12N., Range 14E., Section 26, M.D.M.
Strawberry and Northwind Campgrounds are located approximately 5 miles southeast of Crystal Ranger Station along the Wrights Lake Tie Road. The legal description of this location is Township 11 N., Range 15E., Section 6, M.D.M.
West Point Boat Ramp and Campground are located approximately 15 miles northwest of Crystal Ranger Station along Union Valley Road. The legal location is Township 12N., Range 14E., Section 19, M.D.M.
Angel Creek Day Use Area and Airport Flat Campground are located approximately 15 miles north of Crystal Ranger Station along Ice House Road. The legal location are Township 13N., Range 14E., Sections 11 and 15, M.D.M.
Loon Lake Chalet is located approximately 20 miles north of Crystal Ranger Station along the Ice House Road. The legal description is Township 13N., Range 15E., Section 7, M.D.M.
Loon Lake Undeveloped Boat Ramp is located approximately 20.5 miles north of Crystal Ranger Station along the Ice House Road. The legal description is Township 13N. Range 15E., Section 7, M.D.M.
Northshore and Red Fir Campgrounds are located approximately 22 miles north of Crystal Ranger Station along the Ice House Road. The legal location is Township 13N., Range 15E., Section 5, M.D.M.
Tells Creek Campground is located approximately 14 miles northeast of Crystal Ranger Station along Cheese Camp Rd. The legal location is Township 13.N., Range 15 E., Section 32 M.D.M.
South Fork campground is located approximately 13 miles north of Crystal Ranger Station along the South Fork Loop Road. The legal description of this location is Township 13 N., Range 14 E., Section 27, M.D.M.
Wrights Lake Recreation Complex:
Wrights Lake Campground, Equestrian, Twin Lakes and Rockbound Trailheads are located approximately 31 miles northeast of Pacific Ranger Station on Wrights Lake Road. The legal description is Township 12 N., Range 16 E., Sections 32 and 33, M.D.M.
HWY 50 Corridor:
Lovers Leap campground is located approximately 28 miles east of Pollock Pines on HWY 50. The legal description is Township 11 N., Range 17 E., Section 18, M.D.M.
Pyramid Creek Trailhead is located approximately 31 miles from Pollock Pines on HWY 50. The legal description is Township 11 N., Range 17 E., Section 8, M.D.M.
China Flat Campground is located approximately 24 miles from Pollock Pines on HWY 50 to Kyburz and 5 miles on Silver Fork Road. The legal description is Township 11 N., Range 15 E., Section 35, M.D.M.
South of HWY 50 Corridor:
Elkins Flat Trailhead is located approximately 23 miles southeast of Pollock Pines on Morman Emigrant Trail along North South Road. The legal description is Township 9 N., Range, 14 E., Section 33, M.D.M.
C.1-3 Facility Descriptions
One toilet building and one compartment each: Big Hill Lookout Area, West Point, Lone Rock and Tells Creek Campgrounds, Loon Lake Undeveloped Boat Ramp, Twin Lakes Trailhead, Pyramid Creek Trailhead, China Flat Campground and Elkins Flat Trailhead.
Wrights Lake Campgrounds have 17 units.
One toilet building and two compartments each: Strawberry Point, Northwind, and Jones Fork Campgrounds, West Point Boat Ramp, Angel Creek Day Use Area, Loon Lake Chalet, Northshore, Red Fir Campgrounds and Rockbound Trailhead.
Two toilet buildings and one compartment each: Big Silver, Azalea Cove, South Fork and Lovers Leap Campgrounds, Wrights Lake Equestrian.
Three toilet buildings and one compartment each: Camino Cove and Airport Flat.
Exclusions (non-work areas): N/A
Accessibility: All facilities are expected to be accessible by two wheel drive vehicles upon suggested contract start date.
Government Provided Property: Yale Key.
Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.
C.1-4 Maps
Maps showing the general vicinity and/or specific work areas are attached. Maps are general in nature and are not to be considered as definitively identifying locations.
C.1-5 Estimated Start Date & Contract Time
Start: The estimated start date is 5/01/2017. There are 3 optional years, period of performance approximately May through September 2018, 2019 and 2020.
Time: Estimated contract time 140 days, or 05/01/2017 through 09/30/2017 for the base year.
C.1-6 Restrictions on Work
Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows: When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.
C.1-7 Licenses and Insurance
The contractor shall obtain the insurance and licenses listed here.
Worker's Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.
C.1-8 Definitions
"Policing Area" means checking an area thoroughly for debris, litter or other foreign matter over one inch in size, and properly disposing of it.
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency.
C.2 Summary of Requirements
1. Receive and confirm receipt of task order.
2. Pump vaults at requested locations per task order.
3. Remove trash from vault tank at time of pump.
4. Building and vault surfaces cleaned of any released materials.
5. Complete task order, sign and fax to contracting officer representative.
C.2-1 Tasks & Standards
A. Toilet Pumping Duties (Shall be performed as part of each service trip)
1. All materials shall be removed from toilet vaults. This includes human waste, trash, etc.
2. Toilet building floors shall be cleaned of all spilled material using a ten percent disinfectant approved by the Government. Floors and surrounding areas shall be free of standing water.
3. Toilet risers, seats, and lids shall be cleaned of spilled materials using disinfecting solution approved by the government. All surfaces shall be free of deposits.
4. Walls will be cleaned as needed to remove deposits.
5. Trucks and /or pumping supplies shall not be rinsed or cleaned on National Forest land.
6. Should any release of septic material occur, the contractor is responsible for immediately notifying the contracting officer's representative and the contracting officer. Should any release of septic materials of 5 gallons or more occur, it is the contractors' responsibility to immediately contact the appropriate Hazardous Materials officials for remediation and immediately contact Camino Dispatch (530 642-5170) for required actions.
7. Complete the task order stating how many gallons and trash bags were removed from the corresponding location.
C.2-2 Hours and Frequency of Work.
1. Task order will be issued by fax or email to the contractor's office at least 1 week prior to work date.
2. The contractor will confirm receipt with date and time and when work will start.
3. Toilets shall be serviced within 5 business days following request.
4. Work under this contract shall be performed between the hours of 8:00AM and 4:00PM
5. Services shall be performed as directed by the contracting officer's representative as needed.
C.2-3. Personnel
The Contractor shall provide personnel who are qualified to use the Contractor's equipment and whose appearance is clean and orderly. Personnel not acceptable to the Government shall, upon written notice by the Contracting Officer, be replaced with satisfactory personnel within 48 hours after such written notice.
Also see USDA "Cleaning Recreation Sites" manual #2300 - Recreation, December 1995, 9523 1206-SDTDC.
C.2-4 Public Safety
All Contractor supplied equipment will be safe for use in public areas and will not leak any oil or other vehicle fluids or any effluent from hoses, fittings, or tank. The Contractor will place hazard cones when working in the toilets and impeding vehicular traffic.
C.2-5 Invoices
Use of the Invoice Processing Platform (IPP) is required for all invoices submitted for payment of services under this contract. Contractors must enroll at https://www.ipp.gov/ in order to submit invoices. Contractors are encouraged to enroll in IPP as soon as possible after contract award to prevent payment delay. IPP Training for Contractors is available via Webinar and an IPP Help Desk is available by phone or email. Payment will be made by Electronic Funds Transfer (EFT). An Active SAM Entity is required for payment by EFT.
SUBMISSION OF QUOTES:
Please submit quotes by e-mail, fax, or mail-in/hand carry to:
Gloria Trahey (530) 543-2612
LTBMU
35 College Drive,
South Lake Tahoe, CA 96150
E-mail: gctrahey@fs.fed.us
FAX: 530-543-2830
The minimum information required in the quote is as follows:
(1) Solicitation Number
(2) Company Name, POC Name, Address, Phone, and E-mail on company business letterhead or form.
(3) Schedule of items with pricing (Attachment 1 - Schedule B).
(4) Response to meeting the evaluation criteria
(5) Capabilities statement (Attachment 2 - Capabilities)
(6) DUNS number for SAM record verification
(7) AGAR 452.209 -70 Representation by corporations regarding an unpaid delinquent tax liability or a felony conviction (deviation 2012-01) alternate 1 (FEB 2012)
(8) Acknowledgement of any Solicitation amendments
EVALUATION OF QUOTES
Quotes shall be evaluated as follows:
Award will be made to the responsible offeror whose offer conforming to the solicitation is determined to be most advantageous to the government based on an evaluation of the following factors: price, relevant experience, past performance.
Responsible sources may submit an offer which will be considered by the government. In accordance with FAR 4.1102(a), prospective contractors must be registered in the System for Award Management (SAM) database prior to award of a contract. Lack of a current, active registration in SAM on the part of the offeror will render an offeror ineligible for award. Offerors may obtain information on registration and annual confirmation requirements by visiting www.sam.gov.
PROVISIONS AND CLAUSES
The contractor shall comply with the following FAR clauses (current revision) which are incorporated in this contract by reference, to implement provisions of law or Executive Orders applicable to acquisitions of commercial items: (full text of all provisions and clauses to be found at: http://acquisition.gov/comp/far/loadmainre.html ) The solicitation document and incorporate provisions and clauses are those in effect through Federal Acquisition Circulars 2005-094 (Jan. 13, 2017) and 2005-095 (Jan. 19, 2017).
52.212-1 Instructions to Offerors-Commercial Items (Jan 2017)
52.212-3 Offeror Representations and Certifications--Commercial Items (Jan 2017)
52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2017)
(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) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (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).
XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Jan 2011) of 52.219-4.
__ (13) [Reserved]
XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (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 (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Nov 2016) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).
XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).
__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
__ (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 (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (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.
XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (47) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (48)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 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 (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (51) 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).
__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
XX (56) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (57) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) 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 items:
__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
XX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 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).
__ (7) 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).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(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, 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 items. 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 (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xi)
52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xii) 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).
(xiii) 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).
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) 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).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.223-1 Biobased Product Certification. (May 2012)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
FAR 52.223-2, Affirmative Procurement of Bio-based Products Under Service and Construction Contracts.(Sep 2013).
52.217-5 Evaluation of Options (July 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
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 60 [insert the period of time within which the Contracting Officer may exercise the option].
52.217-9 Option to Extend the Term of the Contract (MAR 2000).
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days [insert the period of time within which the Contracting Officer may exercise the option]; 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.
52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)
Funds are not presently available for performance under this contract beyond September 30, 2017. 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 September 30, 2017, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
AGAR 452.209 -70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) ALTERNATE 1 (FEB 2012)
(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.
(b) The Offeror represents that -
(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)
If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked "is not" above, Offeror may leave the remainder of the representation blank.
(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.
(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.
(3) The Offeror does [ ], does not [ ] (check one) have 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.
Gloria C Trahey, Purchasing Agent, Phone 530-543-2612, Fax 530-543-2639, Email gctrahey@fs.fed.us - Rebecca Shufelt, COR, Phone 530-647-5432
