Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 09, 2016 FBO #5251
SOLICITATION NOTICE

B -- Baldy Mesa SWPPP - Combined Synopsis Solicitation

Notice Date

4/7/2016
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541990 — All Other Professional, Scientific, and Technical Services
 

Contracting Office

Department of Agriculture, Forest Service, R-5 Southern CA Acquisition Service Area, 701 N. Santa Anita Ave., Arcadia, California, 91006, United States
 

ZIP Code

91006
 

Solicitation Number

790753
 

Archive Date

4/30/2016
 

Point of Contact

Erwin Fernandez,
 

E-Mail Address

erwinfernandez@fs.fed.us
(erwinfernandez@fs.fed.us)
 

Small Business Set-Aside

Total Small Business
 

Description

R5 Fire Plan Combined Synopsis Solicitation Baldy Mesa SWPPP DEPARTMENT OF FOREST SERVICE SOUTHERN CALIFORNIA ACQUISITIONS SERVICE AREA SAN BERNARDINO, CALIFORNIA COMBINED SYNOPSIS/SOLICITATION FOR STORM WATER POLLUTION PREVENTION PLAN (SWPPP) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6 pursuant to FAR 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date for receipt of proposals. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. GENERAL INFORMATION Solicitation Number: 790753 Request for Quotation (RFQ) 1 Request for Proposal (RFP) 0 Invitation for Bid (IFB) 0 This solicitation and the incorporated provision and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-86 Effective 31 December 2015; Defense DPN 20151230 Effective 30 December 2015 and AFAC 2015-1001 Effective 01 October 2015 North American Industry Classification Code (NAICS): 541990 Size Standard: $15,000,000.00 CLIN# Description Qty Unit of Issue Price 0001 Storm Water Pollution Prevention Plan (SWPPP) 1 Lot SOLICITATION PROVISIONS Clauses included in this combined solicitation/synopsis are not all inclusive. Clauses included on any ensuing award may include all or some of the below clauses. Contractor's should assume that all of the below clauses are applicable to this acquisition. Additional clauses may also be added at the discretion of the contracting officer upon award 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (IAW FAR 12.301(b)(1)) SEP 2006 Addendum to 52.212-1: Paragraph (b), entitled "Submission of Offers,': Offers may be submitted via handcarry or electronic mail. Submit signed and dated offer at or before 1600 (4:00 PM) PST, 15 April 2016. To send offer via electronic mail all documents must be scanned in.pdf (Acrobat) format and emailed to erwinfernandez@fs.fed.us Please send any questions or requests to the email above Submit quotations on company letterhead or pricing document. Quotations must include as a minimum: a) company contact information, b) price breakout for the requested line items, c) CAGE Code (from System for Award Management registration), d) a completed FAR Provision 52.212-3, Representation and Certification with a copy of a verification of registration with System for Award Management (www.sam.gov), and e) any other information relevant to the proposal. Paragraph (c), entitled ‘Period for Acceptance of Offers': The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers. Paragraph (f)(1), entitled "Late submissions, modifications, revisions, and withdrawals of offers,': San Bernardino, CA is in the Pacific Time Zone Points of contact: Contracting Officer: Erwin Fernandez Phone: (909)382-2654 Email: erwinfernandez@fs.fed.us 52.212-2 EVALUATION-COMMERCIAL ITEMS (IAW FAR 12.301(c)(1)) OCT 2014 Addendum to 52.212-2: The following factor(s) shall be used to evaluate offers, in order of importance: (Lowest Price Technically Acceptable) 1. Technical capability to meet the Government's requirement (This is a go/no go evaluation) 2. Price THIS IS SET-ASIDE 100% TOTAL SMALL BUSINESS SET-ASIDE SERVICE PRICE MAGNITUDE - BETWEEN $25,000 AND $100,000 Scope of Work - Baldy Mesa SWPPP Preparation The contractor will prepare a Storm Water Pollution Prevention Plan (SWPPP) for the Baldy Mesa area reroute and restoration project. A SWPPP is required for the project by the California General Permit for storm water discharges associated with land disturbance because the land disturbance on the project will exceed one acre. The tasks involved in preparing the SWPPP include: • Reviewing the project environmental documents; • Gathering required legal and descriptive information; • Calculating areas and volumes of soil disturbance and other site parameters; • Conducting a risk assessment to determine the class of Risk Level; • Visiting the site in the field to assess potential risks, drainage features, and soil types, and to interface with personnel working on the project; • Incorporating BMPs developed for the project to control erosion and sedimentation, and to control pollutants at staging areas described in this scope of work and on page 13 of the USFS EA); • Developing site-specific monitoring protocols and monitoring forms; • Writing a monitoring implementation plan with reporting requirements; • Writing and editing a final SWPPP document; and • Revising the SWPPP and BMPs during the life of the project as needed. In addition, the contractor will assist the Forest in submitting the required Permit Registration Documents (PRDs) to the WQCB. Special Requirements: The General Permit requires that a Qualified SWPPP Developer (QSD) prepare the SWPPP; a Qualified SWPPP Practitioner (QSP) or his/her designee must do the day-to-day implementation of the SWPPP (inspection and reporting). Although the Baldy Mesa Trail Reroute project falls under the General Permit because it includes construction that disturbs more than one acre of soil, it is quite different from the normal construction projects the Permit and SWPPP were designed for. First, by design, OHV trail construction will not revegetate the areas disturbed. The intent is to create a native surface trail with bare soil. This is contrary to the objectives of the Permit, and it creates special problems in closing the permit that will involve claiming credit for the restoration phase of the project. Secondly, few if any of the standard BMPs used on construction sites are suitable for use on OHV trails, so specially designed BMPs for OHV trails must be created or selected from non-traditional sources. These BMPS will be used. As native surface trails are maintained or constructed permanent BMPs are installed as the trail is constructed. Because the construction activities are very short and permanent BMPs are installed as construction progresses, temporary BMPs for sedimentation and traffic control are typically not needed. However, "If there is a 50 percent or greater chance of precipitation according to the National Weather Service erosion control features such as water-bars, groundcover, ditches and other energy dissipation devices shall be inspected by the Contractor for proper construction and function. If non-functioning or none exist where required, Contractor shall repair or install per specifications prior to the forecasted precipitation event." Further, the activities of installing temporary BMPs in dry weather on trails can escalate disturbance of native soils and vegetation as well as cost, making temporary BMPs ineffective and impractical. The primary erosion control practice for constructing native surface erosion control trails is timing. Developing trails during optimal soil conditions is required by the Region 5's FSH2509.22-12.41 Exhibit 07 BMP 4.7 - Best Management Practices for Off-Highway Vehicle Facilities and Use (BMPs 4.7.1 to 4.7.9)  1. Use FSH2509.22 and CASQUA (California Storm Water Quality Association) Handbook for SWPPP. Construction timing is the primary tool for controlling erosion and potential sedimentation. Third, the underlying environmental documents for the project assume that the required Erosion Control Plan (ECP) will be encompassed within the SWPPP. This is not necessarily automatic, and some extra work may be needed in the SWPPP to encompass the ECP. Finally, the assumption in the grant proposal for the project was that the project would classify as Risk Level 1 under the Permit. Because of the way the Permit calculates risk level this may not be the case. This will require some sensitive negotiation to gain acceptance by the WQCB both in assigning a risk level and in closing out the project. The SWPPP contractor will have to work closely with the Forest Hydrologist and WQCB to comply with the General Permit. An ECP was recently completed for a trail reroute project on the Los Padres NF, but to our knowledge there has been no SWPPP prepared for OHV trails in California, at least not for a dispersed use trail system. It is possible that a SWPPP has been prepared for one of the State's SVRAs, but SVRAs involve different issues than dispersed trails. The SWPPP for the Baldy Mesa project will set a precedent for similar future projects in the Region, so it is important to get the conceptual issues resolved with the WQCB. For the reasons above, it is critical that the contractor selected to prepare and write the SWPPP be not only a qualified QSD, but also have extensive experience with OHV trail construction and management. The SWPPP for the Baldy Mesa project needs to be both practical and workable while at the same time in compliance with the General Permit and the Clean Water Act. It should be noted that non-compliance with the SWPPP is a violation of the Clean Water Act with the potential for severe penalties-including fines and jail time-not an issue to be taken lightly. Description Acceptable Proposal must clearly meets the minimum requirements of the solicitation by detailing the SWPPP IAW the above Scope of Work. Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation as stated. If a proposal is found to be technically acceptable, it will be moved to all other proposals that were found technically acceptable as well. At this point, whoever has the lowest price will get the award. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (IAW FAR 12.301(b)(2)) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] MAR 2016 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2011 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (IAW FAR 52.107(a)) FEB 1998 PURCHASE ORDER CLAUSES 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (IAW FAR 12.301(b)(3)) MAY 2015 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013O0019) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (Apr 2010) (41 U.S.C. 3509). (Continued on next page) (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($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 (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (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 (Jul 2014) (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) ☒(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 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 (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 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. (xviii) 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. (End of Clause) MAR 2016 52.252-2 CLAUSES INCORPORATED BY REFERENCE (IAW FAR 52.107(b)) 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): http://farsite.hill.af.mil. (End of clause) FEB 1998 OTHER FAR CLAUSES AND PROVISIONS 52.202-1 DEFINITIONS (As prescribed in FAR 2.201) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-- (a) The solicitation, or amended solicitation, provides a different definition; (b) The contracting parties agree to a different definition; (c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or (d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures. (End of clause) NOV 2013 52.202-3 GRATUTIES NOV 2013 52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT SEP 2006 52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014 52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY MAY 2014 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY 2014 52.203-12 LIMITATION ON PAYMENT TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT 2010 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011 52.204-7 SYSTEM FOR AWARD MANAGEMENT (IAW FAR 4.1104) JUL 2013 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS JUL 2013 52.204-18 COMMERCIAL AND GOVERNMENT ENTITIY CODE MAINTENANCE NOV 2014 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC 2014 52.233-3 PROTEST AFTER AWARD AUG 1996 52.233-4 APLLICABLE LAW FOR BREACH OF CONTRACTS OCT 2004 52.253-1 COMPUTER GENERATED FORMS JAN 1991 52.252-6 AUTHROIZED DEVIATIONS IN CLAUSE (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of -(DEVIATION)‖ after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation 48 CFR Chapter 2 clause with an authorized deviation is indicated by the addition of -(DEVIATION)‖ after the name of the (End of clause) APR 1984 52.204-10 REPORTING EXECUTIVE COMPENSATION & FIRST TIER SUBCONTRACT AWARDS JUL 20113 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (Aug 2013) (31 U.S.C. 6101 note) AUG 2013 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (As prescribed in 19.309(c)) JUL 2013 (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFRpart 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ______________ assigned to contract number ______________.[Contractor to sign and date and insert authorized signer's name and title]. (End of clause) 52.222-19 CHILD LABOR COOPERATION WITH AUTHORITIES AND REMEDIES JAN 2014 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (As prescribed in 22.1408(a)) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. (End of Clause) JUL 2014 52.222-41 SERVICE CONTRACT LABOR STANDARDS MAY 2014 52.223-6 DRUG-FREE WORKPLACE MAY 2001 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING AUG 2011 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN DEC 2012 52.232-17 INTEREST MAY 2014 52.232-23 ASSIGNMENT OF CLAIMS MAY 2014 52.232-25 PROMPT PAYMENT (As prescribed in FAR 32.908(c)) JUL 2013 Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.) (a) Invoice payments -- (1) Due date. (i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events: (A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause). (B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement. (ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice; provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (2) Certain food products and other payments. (i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are - (A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery. (B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery. (C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract. (D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation. (ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract. (3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor. (i) Name and address of the Contractor. (ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.) (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (ix) 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 (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (x) Any other information or documentation required by the contract (e.g.. evidence of shipment.) (4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty. (i) The designated billing office received a proper invoice. (ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition. (iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor. (5) Computing penalty amount. The Government will compute the interest penalty in accordance with Office of Management and Budget prompt payment regulations at 5 CFR part 1315. (i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities. (ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes. (6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315. (7) Additional interest penalty. (i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if-- (A) The Government owes an interest penalty of $1 or more; (B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and (C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid. (ii) (A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall -- (1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and (3) State that payment of the principal has been received, including the date of receipt. (B) If there is no postmark or the postmark is illegible-- (1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or (2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made. (iii) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation). (b) Contract financing payments. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause. (c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice. (d) 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- (1) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (ii) Affected contract number and delivery order number if applicable; (iii) Affected contract line item or subline item, if applicable; and (iv) Contractor point of contact. (2) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (End of Clause) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013 52.233-1 DISPUTES MAY 2014 52.242-13 BANKRUPTCY JUL 1995 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS APR 2015 452.204-70 INQUIRIES FEB 1988 Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award. 452.215-72 AMENDMENTS TO PROPOSALS Any changes to a proposal made by the offeror after its initial submittal shall be accomplished by replacement pages. Changes from the original page shall be indicated on the outside margin by vertical lines adjacent to the change. The offeror shall include the date of the amendment on the lower right corner of the changed pages FEB 1988 452.219-70 SIZE STANDARDS AND NAICS CODE INFORMATION The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below: Contract line item(s): ALL NAICS Code: 541990 Size Standard: $15 million The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. FEB 1998 AGAR 452.209 - 70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR AFELONY 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. Payment All invoices must be submitted via the electronic Invoice Processing Platform.. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Payment Status Inquiry: CALL 1-800-421-0323, Option#2, then Option #3 Fire Plan and Project Activity Levels The Contractor operations under the terms and conditions of this contract shall comply with the Fire Plan (see attached). The Fire Plan shall be accepted by the Contractor and is subject to approval by the Contracting Officer prior to commencing any operations. The Fire Plan shall be reviewed not less than annually by the Contractor and the Contracting Officer.
 

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