FBODaily.com | FedBizOpps: PRESOL | 89 | Grocery Supply & Delivery - Package #1 - Package #2

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 11, 2013 FBO #4186
SOLICITATION NOTICE

89 -- Grocery Supply & Delivery - Package #1 - Package #2

Notice Date: 5/9/2013
Notice Type: Combined Synopsis/Solicitation
NAICS: 445110 — Supermarkets and Other Grocery (except Convenience) Stores
Contracting Office: Department of Agriculture, Forest Service, R-1 Western Montana Acquisition Zone (Lolo NF; Flathead NF; Bitterroot NF; Regional Office; Aerial Fire Depot), Building 24, Fort Missoula, Missoula, Montana, 59804
ZIP Code: 59804
Solicitation Number: AG-03R6-S-13-0031
Archive Date: 7/5/2013
Point of Contact: Donna Z Crawford, Phone: 406-758-5315
E-Mail Address: dzcrawford@fs.fed.us
(dzcrawford@fs.fed.us)
Small Business Set-Aside: Total Small Business
Description: IDIQ Schedule Items Clauses Schedule_clause (1) 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 is incorporated. The awarded contract will be firm fixed price. (2) This solicitation is issued as a Request for Quotation (RFQ). (3) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-66B (4) The solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 445110 Supermarkets and Other Grocery (except Convenience) Stores. The Small business size standard is $30 million in annual sales. (5) The Combined synopsis/solicitation is for the purchase of the following commercial items. Grocery Supply and Delivery to Spotted Bear Ranger Station General Information: The intent of this solicitation is to obtain quotes for firm fixed price, IDIQ of grocery items and delivery to Spotted Bear Ranger Station. It is anticipated that there will be approximately 22 weekly orders of unknown quantities. Send quote to: c/o Flathead National Forest Donna Crawford 650 Wolfpack Way Kalispell, MT 59911 Offers shall include: DUNS NUMBER: _____________________________ CONTRACTOR:______________________________ Schedule of Items See Attachment Schedule_clause In order to be eligible for award, potential contractors must comply with all requirements for Central Contractor Registration found at www.sam.gov. Background The Forest Service is in need of reliable grocery supply for field personnel working from the administrative sites on the Spotted Bear Ranger District. Due to the remote location of the work sites, in many cases within designated Wilderness, logistical coordination for receiving and compiling orders, then distributing the groceries to the field is centralized at the Spotted Bear Ranger Station. A standardized order form is used, and orders are placed and deliveries occur weekly from June to mid-October. Scope of Contract The solicitation is for the purchase and delivery of grocery items as specified to the Spotted Bear Ranger Station. The Contractor shall furnish everything necessary, including, but not limited to all labor, equipment, supervision, transportation, supplies, and incidentals to deliver the groceries to the Spotted Bear Ranger Station weekly as ordered. A grocery order listing items and quantities will be provided for each weekly request. This contract is a Performance Based, Indefinite Delivery, Indefinite Quantity (IDIQ) contract for a base year only. Location and Description The groceries will be delivered to the Spotted Bear Ranger Station located at Mile Marker 55 Forest Road #38. This is a distance of approximately 55 miles south of Martin City, Montana. General The bid items will be firm fixed price for the duration of the contract and may not be changed without authorization from the Contracting Officer. When a brand name is not specified or identified that brand name is requested, generic item is required, such as Western Family or Kroger. Delivery: Groceries must be delivered to the Spotted Bear Ranger Station between 8:00am and 4:30pm. Frozen goods must arrive at Spotted Bear in a frozen condition (not beginning to soften). Perishable products (dairy, etc.) must be kept cool until arrival at Spotted Bear. All products must be protected from moisture and dust during transport. Product Substitution: Where a manufacturer or supplier changes or replaces a product, and there is no substantial difference (generally the same type and quantity of product) it may be substituted without contract modification. In the case that the standard case packaging changes; a new price will be calculated using the individual unit price as a basis for calculation. When there is a substantial change in the new product (i.e. a different individual unit price), or a different brand/product must be substituted, the new price will be set by a contract modification. Contract Period The contract period of this contract is from the date of contract award through last option period exercised by the Government. Delivery Orders may be issued at any time during the contract period. Grocery order will be submitted to the Contractor by 10:00 a.m. Monday mornings for delivery or pickup on the same Friday. Contract time for individual Delivery Orders may extend past the last day of the total contract period. Contract Time Start of Contract/Option Date Last Date A Delivery Order may be executed Award Date of Contract October 30, 2013 Ordering Procedure The Contracting Officer and/or any individual identified in Authorized Ordering Activities herein may issue Delivery Orders with the Contractor. Order(s) may be issued by mail, facsimile, electronic commerce, or orally and confirmed in writing. Delivery Orders will be issued at least 5-calendar days prior to the delivery date. Delivery Orders will be considered as being "issued" at the time they are mailed, faxed, transmitted or verbally issued by the Contracting Officer or those authorized. If more than one method is used to place the order, the date of the earliest provable method will be the date of issue. Authorized Ordering Activities In addition to the Contracting Officer for the parent contract, the authorized officials shown below may issue Delivery Orders under this contract: Any Contract Specialist assigned to the USDA Forest Service, Western Montana Acquisition Zone, within the limits of their authority; as well as Gail Workman, Deb Mucklow, Seth Carbonari, Tad Wehunt, Laura Mills Nelson, Jim Flint. Only the delivery order form established will be authorized for orders. No orders exceeding $15,000.00 may be made by other than procurement officials. Measurement Method of Calculating Payment Case Lot Order: The payment will be number of case lot units delivered mulitiplied by the contract case lot unit price. In the situation where a change by a manufacture or vendor has changed the number of individual units in a case the individual unit cost will be used for a new calculated price, assuming individual units are substantually unchanged. Delivery: The contract delivery price will be paid for each delivery to Spotted Bear Ranger Station. Basis of Award and Evaluation of Quotes The Government will make contract award to a single Contractor. Price evaluation will be based on an actual typical historical order from 2012. The order will be pre-selected prior to solicitation of this contract. The quoted prices from this solicitation along with one delivery price will be used to calculate a priced order, which will determine best value pricing. Award will be issued to the quoter whose quote, as determined by the Contracting Officer, provides the best value to the Government considering price in accordance with FAR 13.106-2. Contract Payments Delivery orders against the contract will be paid by electronic transfer no later than 30 days after receipt of invoice. An invoice will be placed to the Government monthly. Multiple delivery orders may be invoiced on the monthly invoice. Invoicing The Contractor is responsible for providing a signed and properly executed invoice to the Government for each portion of work for which payment will be made. Invoices shall be sent to the following address: Spotted Bear Ranger District P.O. Box 190340 Hungry Horse, MT 59919 In accordance with Prompt Payment clauses, Contractors are to submit proper invoices to the invoicing office stated above. The invoice shall be in sufficient detail to itemize all food delivered in accordance with the Schedule of Items pricing. If the invoice does not contain the information required, the invoicing office shall return it to the Contractor within 7 days after receipt, with the reasons why it is not a proper invoice. The billing office should not "hold" or "pen and ink" the invoice in an attempt to correct it. The Contractor must correct and resubmit the invoice to the invoicing office where it will again be date stamped upon receipt. A proper invoice includes: • Name and address of the Contractor • Invoice date and invoice number (Contractors should be encouraged to use unique invoice numbers to facilitate processing in IAS) • Contract/order number • Description, quantity, unit of measure, unit price, and extended price • Shipping and payment terms (unless mutually agreed that this information is only required in the contract) • 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) • Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice • Taxpayer Identification Number (TIN) or D-U-N-S+4 Worker's Compensation Laws (Apr 1985) The Act of June 25, 1936, 49 Stat. 1938 (40 U.S.C. 290) authorizes the constituted authority of several States to apply their worker's compensation laws to all lands and premises owned or held by the United States. (a) Notice to Offerors: State laws require that most employers have Worker's Compensation Insurance for their employees. For the definition concerning "employer" and rates of compensation, contact: Idaho Montana Industrial Commission State of Montana 317 Main Street Division of Worker's Compensation State House Mail 5 South Last Chance Gulch Boise, ID 83720 Helena, MT 59601 Telephone (208) 334-2193 Telephone (406) 444-6500 or (208) 334-3250 Central Contractor Registration Vendor shall be registered in the SAMs System for Award Management www.sam.gov Formerly Central Contracting Registration (CCR). This database requires vendor to update or re-verify information each year. Assistance can be obtained by contacting the local Procurement Technical Assistance Center (PTAC), at no charge. The Kalispell PTAC office phone number is 406-755-4221. CONTRACT CLAUSES FAR 52.212-4 Contract Terms and Conditions - Commercial Items (FEB 2012) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to be notified in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer - Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through http://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757. FAR 52.212-4 Addendum to - Contract Terms (FEB 2012) AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012) (a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it - (1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government. (b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted. FAR 52.216-18 Ordering (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from June 1, 2013 through October 30, 2013. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. AGAR 452.216-73 Minimum and Maximum Contract Amount (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $10,000.00, but not in excess of $100,000.00. Also see Order Limitations for limitations on individual Delivery Orders. FAR 52.216-19 Order Limitations (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $10,000.00; (2) Any order for a combination of items in excess of $25,000.00; or (3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. FAR 52.216-21 Requirements (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing from the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after May 31, 2014. FAR 52.216-22 Indefinite Quantity (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after November 30, 2013. FAR 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates, provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 20 days. FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond September 30, 2013. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2013, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. FAR 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. FAR 52.236-7 Permits and Responsibilities (NOV 1991) The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from June 1, 2013 through October 30, 2013. SOLICITATION PROVISIONS FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations - http://www.usda.gov/procurement/policy/agar.html. FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1) 52.212-1 Instructions to Offerors-Commercial Items (FEB 2012) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (DEC 2012) FAR 52.215-5 Facsimile Proposals (OCT 1997) (a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine. (b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals. (c) The telephone number of receiving facsimile equipment is: 406-758-5326 (d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document-- (1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal. (2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timelines, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer. (e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USDA/FS/03R6/AG-03R6-S-13-0031/listing.html)
Place of Performance: Address: Spotted Bear Ranger Station, Hungry Horse, Montana, 59919, United States; Zip Code: 59919
Record: SN03058178-W 20130511/130509235210-65519c5ed95f4c7a6936a058fdfbdfde (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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