SOLICITATION NOTICE
X -- Provide Lodging and Conference Space Services in St. Louis, MO - Statement of Work
- Notice Date
- 9/12/2016
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 721110
— Hotels (except Casino Hotels) and Motels
- Contracting Office
- Natural Resources Conservation Service - Contracting Services Branch - Team 1
- ZIP Code
- 00000
- Solicitation Number
- AG-1A23-S-16-0048
- Archive Date
- 10/8/2016
- Point of Contact
- Danny Mandell, Phone: 254-742-9923
- E-Mail Address
-
danny.mandell@wdc.usda.gov
(danny.mandell@wdc.usda.gov)
- Small Business Set-Aside
- N/A
- Description
- FORM - Standard Form 1449 Wage Determination (Attachment 3) 15-5075 Wage Determination, St. Louis, MO Pricing Sheet (Attachment 2) NRCS FY 2017 Conservation Stewardship Program (CSP) Team Meeting Pricing Sheet Statement of Work (Attachment 1) NRCS FY2017 Conservation Stewardship Program (CSP) Overview Training, St. Louis, MO (i) This is a combined synopsis/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. (ii) This solicitation number AG-1A23-S-16-0048 is issued as a request for quotation (RFQ), and the acquisition procedures at FAR Part 13 are being utilized. The Government anticipates this solicitation will result in the award of a Firm Fixed Price Purchase Order. The estimated award date of the contract is September 26, 2016. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-89-1 dated August 15, 2016. (iv) This acquisition is unrestricted. The applicable NAICS code is 721110, which has a size standard of $32.5 million. For more information on size standards visit http://www.sba.gov/size. (v) Contract Line Item Numbers (CLINs). Line Item/Service Price 001 Sleeping Rooms, up to 350 per night for a total of up to 1400 sleeping nights (10/3-10/6), plus 20 available on 10/2 and 10 available on 10/07. Approximately 1430 nights. 002 Complete Meeting Package - St. Louis, MO All-inclusive rate to include meeting rooms, A/V needs, and meal/breaks. Work will be completed in accordance with the attached Statement of Work (See Attachment 1). A list of individually priced items is required to be completed on the attached Pricing Sheet (See Attachment 2). The prices quoted must include all costs and services associated with providing the service. (vi) Description of Requirement. Provide lodging, meeting room space, audio visual (AV) equipment, and food/beverage/banquet service in St. Louis, MO. The Natural Resources Conservation Service (NRCS) is planning to conduct a Conversation Stewardship Program (CSP) Training meeting scheduled for October 3 - 7, 2016. For the meeting NRCS has an estimated need of 350 sleeping rooms with 20 available on October 2nd, and 10 available for October 7th. NRCS also requires a minimum square footage of 20,000 square feet of meeting space that will be broken down into a general session meeting room, banquet room, five (5) breakout rooms, executive room, and small business room. NRCS will also need a lunch meal provided for 3 days, 10/4 - 10/6. Each employee will be responsible for the payment of their lodging. NRCS is requesting an all-inclusive price for the meeting space, AV equipment and meals. Please refer to the Statement of Work and Pricing Sheet for additional details. Attachment 1 - Statement of Work Attachment 2 - Pricing Sheet Attachment 3 - SCLS Wage Determination, St. Louis, MO Please review the attached Statement of Work (Attachment 1) carefully to obtain a complete understanding of the requirement. (vii) Date(s) and Place(s) of Delivery and Acceptance. The period of performance will commence on October 2, 2016 and will continue through October 7, 2016 (6 calendar days). (viii) The provision at 52.212-1, Instructions to Offerors-Commercial, as tailored below, applies to this acquisition. (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of quotations; (3) The name, address, and telephone number of the quoter; (4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Reserved (d) Reserved (e) Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately. (f) Late submissions. (1) Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due. (2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition. (3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (g) Issuance of purchase order. Your quotation should contain your best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government's choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government's choice and will not use the formal source selection procedures described in FAR Part 15. (h) Multiple awards. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation. (i) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding $3,500, and quotations of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the quoter's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office. (j) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the quoter acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (k) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer. The following addenda also apply. Quoters must read and follow these additional instructions to receive consideration: a. System for Award Management (SAM) Registration All Contractors must be registered in the System for Award Management, or SAM prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of quotes, registration in SAM, to include completion of the Representations and Certifications, and having a status of "Active" is required BEFORE submitting a quote. For information regarding registration visit www.sam.gov. (1) Vendors must be registered in the System for Award Managment (SAM) prior to award. If you are not registered please starts the process as soon as possible, registration process may taks as long as 7 - 10 business days for the registration to be approved. b. Technical Proposal Quoters should submit a written narrative that thoroughly addresses all non-price evaluation factors listed in section ix below. In addition, the narrative should adequately describe the quoter's plan for executing the work, including resources and personnel available to meet the required timelines. If subcontractors are proposed, the technical proposal should also address qualifications and experience for the proposed subcontractors, including details of past partnerships between the prime and subs, and the prime's experience and plan for managing subcontractors. The narrative should be supported by evidence that gives credibility to the statements made by the quoter and in turn gives the Government enough information to understand and gain confidence in what the quoter is stating. The narrative should be no longer than 10 pages. c. Pricing Quoters may utilize Attachment 2 to this solicitation to submit pricing quotations. d. E-mail submissions are acceptable. (ix) FAR provision 52.212-2, Evaluation-Commercial Items applies to this solicitation. (a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: 1. Technical Capability: • State-of-the-art professional audiovisual capability appropriate for a major symposium with outside entities, including the ability to project different presentations on multiple screens 2. Space Specifications: • Ability to seamlessly accommodate up to 350 participants in the main meeting room and banquet halls with unobstructed views and auditorium seating, appropriate for an all-day event that will feature speakers, videos, and panel discussions. 3. Past Performance - Evidence of successful past events that had multiple components (video display, presentations, panel discussions, poster sessions, and meals). 4. Price Technical and past performance, when combined, are more important that price. (x) Quoters are required to complete the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. This must be completed at SAM.gov and the registration in an "Active" status. (xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and addenda are not attached. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Jun 2016) (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 (Sep 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.) ☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). ☐ (5) [Reserved]. ☐ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ☒ (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] ☐ (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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ☐ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)). ☐ (ii) Alternate I (Oct 2001) of 52.219-9. ☐ (iii) Alternate II (Oct 2001) of 52.219-9. ☐ (iv) Alternate III (Oct 2015) 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 (Nov 2011) (15 U.S.C. 637(a)(14)). ☐ (20) 52.219-16, Liquidated Damages-Subcontracting 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)). ☒ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ☐ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). ☒ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ☐ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ☐ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ☐ (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)(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.) ☐ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). ☐ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ☐ (38)(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. ☐ (39)(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. ☐ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ☐ (41)(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. ☒ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ☐ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ☐ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). ☐ (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). ☐ (46)(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. ☐ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ☒ (48) 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). ☐ (49) 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). ☐ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ☐ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ☐ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ☐ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ☒ (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). ☐ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). ☐ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ☐ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ☐ (58)(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). ☒ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). ☒ (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). ☐ (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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). ☐ (10) 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 (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 $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 (Apr 2015) (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) ☒ (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 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). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (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) (xiii) Additional contract requirement(s) or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices. The following clauses also apply: 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: Employee Class Monetary Wage Fringe Benefits 99050, Desk Clerk, GS-04 $14.68/hour $5.28/hour 07100, Food Service Worker, WG-02 $12.76/hour $4.59/hour 11240, Maid or Houseman, WG-01 $11.30/hour $4.07/hour 07250, Waiter/Waitress, WG-03 $14.22/hour $5.12/hour (End of clause) AGAR 452.224-70 Confidentiality of Information. (Feb 1988) (a) Confidential information, as used in this clause, means- (1) Information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization. (b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon. (c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause. (d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act. (e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization. (f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause. (g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication. (h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws. (End of clause) AGAR 452.237-75 Restrictions against Disclosure. (Feb 1988) (a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement. (b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder. (End of clause) AGAR 452.246-70 Inspection and Acceptance. (Feb 1988) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. Work that, in the opinion of the Contracting Officer, does not meet data quality standards will be returned to the Contractor for correction. Inconsistencies/edits may be reviewed, resolved and approved via communications. (End of clause) Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP) Invoices must be submitted electronically through the U.S. Department of the Treasury's Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card. The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131. Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing. (xiv) Not applicable. (xv) Quotes are due by 2:00 p.m. Central Daylight Time (CDT), September 23, 2016 to USDA-NRCS, Attn: Danny Mandell at danny.mandell@wdc.usda.gov. (1) When submitting your quoted PLEASE make sure to include the completed PRICING SHEET (Attachment 2) with your quote. (xvi) Questions regarding this solicitation should be emailed to Danny Mandell, Contracting Officer, at danny.mandell@wdc.usda.gov. END OF SOLICITATION
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