BITTERROOT NATIONAL FOREST STEVENSVILLE RANGER DISTRICT JANITORIAL SERVICES

This is a combined synopsis/solicitation for a commercial service item prepared in accordance with the format in Subpart 12.6 of the Federal Acquisition Regulations (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation number AG-03R6-S-14-0002 is issued as a Request for Quotation (RFQ). The awarded contract will be a firm fixed price contract. The Western Montana Acquisition Zone (WMAZ) serves as the Forest Service contracting office for Western Montana and is located in Building 24, Fort Missoula, Missoula, Montana 59804. The Bitterroot National Forest has a requirement for janitorial services for the Stevensville Ranger District administration building and fire warehouse. The buildings are located at 88 Main Street, Stevensville, Montana. The contractor shall provide all management, labor, tools, equipment, cleaning supplies and incidentals necessary to ensure that custodial services are performed in accordance with the solicitation requirements. The area to be cleaned is approximately 5,230 square feet divided into 2 separate buildings occupying one location. This acquisition is a 100% Small Business set-aside. The applicable NAICS code is 561720- Janitorial Services. The corresponding size standard is $16.5 million. Offerors will be evaluated on price, technical capability (experience), incorporation of bio-based cleaning products and past performance. The Contract will be awarded to the offeror whose submittal, in compliance with the solicitation, is the best value to the Government. The FAR provision at 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition. Offers submitted must include past performance information, technical experience information (complete Experience Questionaire or provide same information, Quality Control Plan and Safety Plan, a list of bio-based supplies/cleaning products and describe how you have incorportated their use into your operations, as well as contract pricing (complete Schedule of Items). Provide references for similar work during the past three years. In addition, offerors will include with their offer a completed copy of the FAR provision 52.212-3, Offer Representations and Certifications - Commercial Items: proof of registration in sam.gov SUMMARY OF WORK Base Year: Stevensville R.D. Administration building, December 1, 2013 through November 30, 2014 Base Year: Stevensville R.D. Fire Warehouse, May 1 through September 30, 2014 Option Year 1: Stevensville R.D. Administration building, December 1, 2014 through November 30, 2015 Option Year 1: Stevensville R.D. Fire Warehouse, May 1 through September 30, 2015 Option Year 2: Stevensville R.D. Administration building, December 1, 2015 through November 30, 2016 Option Year 2: Stevenville R.D. Fire Warehouse, May 1 through September 30, 2016 Option Year 3: Stevensville R.D. Administration building, December 1, 2016 through November 30, 2017 Option Year 3: Stevenville R.D. Fire Warehouse, May 1 through September 30, 2017 PLACE OF CONTRACT PERFORMANCE The work is located at the Stevensville Ranger District in Stevensville, Ravalli County, Montana, located at 88 Main Street. CONTRACT PERIOD OF PERFORMANCE The period of performance of this contract is from December 1, 2013 through November 30, 2017. All responsible sources may submit an offer which will be considered by the government. Prospective contractors must be registered in the System for Award Management (SAM) prior to award of a contract. Lack of registration in the SAM Database will render an offeror ineligible for award. SAM replaced the Central Contractor Registration (CCR) Database. Offerors may obtain information on registration and annual confirmation requirements via the internet at: https://www.sam.gov/portal/public/SAM/ Quotes must be received by November 19, 2013, at 4:00 P.M. Mountain Standard Time at the Bitterroot National Forest, 1801 N 1st Street, Hamilton, MT Attn: Marti Bowland. Fax number: 406-363-7106. Only hand-delivered, emailed or faxed quotes will be accepted. It is your responsibility to confirm that your quote has been received. Please provide your email address. � See Attachment: Schedule of Items NOTE TO OFFEROR/PRICE SCHEDULE/STATEMENT OF WORK 1. NOTE TO OFFEROR: In order for an offeror to have a complete quotation package, the following must be submitted to the Contracting Officer to be considered responsive. 1. You must provide pricing for all line items. a. Provide pricing on the attached Schedule of Items. Confirm your mathematics. 2. A completed copy of the Provision AGAR 452.209-70 Representations by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (Deviation 2012-01) (FEB 2012) see attachment 3. To be eligible for an award you MUST be registered in the System for Award Management (SAM) at www.sam.gov Please provide you DUNS number and verification of registration in the SAM system. 4. Past Performance References with previous contracts with this Agency or similar scope of work with federal/state/local/private entities. 5. Experience Questionaire: include experience in janitorial services and the use of bio-based products 6. Quality Control Plan 7. Safety Plan 8. Submit Standard Form SF1449 signed, with your quote. ... and any other requirement of this Solicitation. You may email your completed quotation to: mbowland@fs.fed.us or fax to 406-363-7128. Attachments: Experience Questionnaire; SF 1449 For questions please email Marti Bowland: mbowland@fs.fed.us Section C: STATEMENT OF WORK: SUMMARY OF WORK: Effective Period of the Contract (FEB 1988). The effective period of this contract is: Base Year: December 1, 2013 through November 30, 2014 Option Year 1: December 1, 2014 through November 30, 2015 Option Year 2: December 1, 2015 through November 30, 2016 Option Year 3: December 1, 2016 through November 30, 2017 (End of clause) GENERAL SPECIFICATIONS: Scope of Contract This contract is for janitorial services for the administration building and the fire warehouse at the Stevensville Ranger District of the Bitterroot National Forest. Contractor shall furnish all labor, equipment, supervision, supplies (except those designated as Government-furnished), and incidentals to perform all work necessary to clean and maintain the buildings in accordance with the specifications, terms, and conditions of this contract. DESCRIPTION AND LOCATION The administration building and the fire warehouse is located at 88 Main Street, Stevensville, Montana. The janitorial services are required for the following: Administration Building: Janitorial services are required on both the first floor and basement of the administration building. The first floor area consists of approximately 1,952 square feet which is divided into five offices, plus a main office and a centralized office in the rear of the building. All of these areas are carpeted. There is a drinking fountain. The are two restrooms with vinyl floors and tiled walls. The basement has one large carpeted area broken into individual work areas. The area is approximately 884 square feet. There is a carpeted conference room of appproximately 546 square feet. There is an approximately 48 square foot bathroom with concrete floors serving the basement. Fire Warehouse: This building is located approximately 150feet from the Administration building. Janitorial services are required for the single level warehouse, excluding the engine bay or vehicle area. The area to be cleaned consists of one office space, a large common area which include an employee kitchenette, two bathrooms and a drinking fountain. The area to be cleaned consists of approximately 1800 SF of sealed cement floors. SITE VISIT: A site visit is planned for this project for Thursday, November 7, 2013 at 10 am, at the Administration building in Stevensville, Montana. The COR is Bret Lewis. Put your name on the site visit attendance list by calling the District at (406) 777-54611 and ask Joanne to put you on the site visit list. For further technical information, please contact contact Bret at the District, (406) 777-7452. Although recommended, the site visit is not mandatory. PERFORMANCE BASED SERVICE CONTRACT: This work is being solicited as a performance based, commericial item contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided, an adjustment to the payment will be made. A commercial item contract streamlines the terms and conditions to resemble those already used in the everyday marketplace. � See Attachment: Wage Determination MAINTENANCE PROBLEMS: The Contractor shall notify the Contracting Officer immediately of any building or grounds maintenance problems such as slow or clogged drains, broken pipes, locks or doors that do not close properly. Notification shall be done by phone and/or by written notice depending on the urgency of the problem. GOVERNMENT-FURNISHED PROPERTY: The Government will deliver to the Contractor the following listed materials in accordance with the Government Furnished Property Clause FAR 52-245-4: (1) All utilities necessary for the Contractor to perform the required services. (2) Card and/or keys necessary to access all areas to be cleaned. (3) Restroom supplies: toilet paper and paper towels, hand soap, seat protection, and air freshner sprays (4) Dumpsters for refuse removal. (5) Storage space for Contractor's expendable supplies, tools, and equipment (6) Containers for recyclable material (7) CFL and Incandescent light bulbs to replace burned out office bulbs. CONTRACTOR-FURNISHED PROPERTY: The Contractor shall furnish: (1) All necessary supplies and materials (including biobased cleaning supplies, kitchen sponges, biobased cleaning solutions, biobased floor polish, biobased carpet shampoo for spot cleaning, biobased spot remover) except those items specified as Government-furnished property. (2) All necessary cleaning equipment including but not limited to: scrubbing machine, floor polishing machine, and vacuum cleaner (10 amps or greater). Equipment shall be commercial size and type customarily used by the janitorial profession and capable of handling sand and gravel brought in by boots. Equipment designed for home use will not meet these specifications. Energy Star rated is recommended. (3) All Material Safety Data Sheets (MSDS) for all solutions and chemicals used in the cleaning of these buildings. MSDS's shall be given to the Contracting Officer (COR) during the pre-work meeting. (4) Bio based garbage and trash bags. BIOBASED PRODUCTS: This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, and are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P). The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, "Strengthening Federal Environmental, Energy and Transportation Management," and the Federal Acquisition Regulation (FAR) to provide bio-based products. The Contractor shall utilize products and material made from biobased materials (e.g.,biobased polishes, biobased cleaning fluids, biobased sanitizers) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR). The following is an example list of products that may be used in this contract for custodial services for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications All purpose cleaner Degreaser/cleaner Solvent spotter Heavy duty cleaner Deodorizer Brass polish/cleaner Carpet shampoo Floor finish Bathroom cleaner Gum Remover Floor finish restorer Toilet bowl cleaner Disinfectant sanitizer Floor sealer Stainless steel polish Extraction Fluid Furniture polish Chrome polish/cleaner Floor stripper Glass cleaner Grout Sealer Neutral cleaner (liquid) Lime and scale remover (tub & tile cleaner) Spot and stain remover Liquid hand soap w/ dispenser Air freshener w/ dispenser Biobased products that are designated for preferred procurement under USDA's BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov The Contractor should provide data for their biobased products such as biobased content. In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other biobased products. The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes. The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification. The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts (JUL 2012 (a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless- (1) The product cannot be acquired- (i) Competitively within a time frame providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following: (i) Spacecraft system and launch support equipment. (ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions. (b) Information about this requirement and these products is available at http://www.biopreferred.gov. (c) In the performance of this contract, the Contractor shall- (1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; (2) Submit this report no later than- (i) October 31 of each year during contract performance; and (ii) At the end of contract performance; and (3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract. (d) The environmental point of contact for this contract is: Please contact the applicable POC. Distribution of Reports POC Technical Issues/BioPreferred Website Reporting Tool POC Cele Aguirre-Bravo Ron Buckhalt Agency (FS) POC USDA Program Manager BioPreferred Program BioPreferred Program 1621 North Kent Street, 361 Reporters Building, Arlington, VA 22209 300 7th Street SW Telephone: (703) 605-5144 Washington, DC 20024 Fax: (703) 605-5100 Telephone: (202) 205-4008 Agency website for reporting product types and dollar value of any USDA designated biobased products purchased by the Contractor: is http://www.sam.gov SUPERVISION, SECURITY, AND QUALIFICATIONS Contractor and his employees shall be capable of performing janitorial work. The Contracting Officer may require dismissal from the work of employees whom they deem incompetent, insubordinate or otherwise objectionable, or whose continued employment they deem contrary to the public interest. The Contractor shall provide adequate supervision of crew to prevent employees from disturbing papers on desks, opening drawers or cabinets, or using telephones provided for official Government use. The Contractor or employees shall not bring children to the premises while the work is being performed. The Contractor must provide security comparable to the type of protection given by commercial or business enterprises to prevent illegal entry into or loitering on the premises; to prevent loss by pilferage or theft; and to admit to the space during off-duty hours only those who are authorized to enter. The use of Government property or services such as telephones, calculators, typewriters, office supplies, etc. for other than official Government business is strictly prohibited. The Contractor shall provide a list of employees authorized to work under this contract. The list shall be submitted prior to employees working on the facilities. FAR 52.204-9 Personal Identity Verification of Contractor Personnel, is incorporated when contract performance requires contractors to have routine physical access to a Federally-controlled facility. Compliance with the provisions of AGAR 452.204-71 Personal Identity Verificaton of Contractor Employees (OCT2007) will be required for this acquisition in order to maintain consistence with customary commercial practices. SAFETY Contractor shall submit a safety plan to the Contracting Officer, in compliance with the Occupational Safety and Health Administration (OSHA). The Contractor may submit the site specific safety plan with their quote package. A safety plan shall be submitted at the time of the post award meeting. The Contractor shall follow all OSHA and Federal and State safety requirements. TECHNICAL SPECIFICATIONS - TIME OF PERFORMANCE: Administration building: All regular services shall be performed between the hours of 6 PM and 7 AM. unless otherwise approved by the Contracting Officer. Work may be performed anytime on Federal holidays or weekends. i) Wednesday cleaning shall occur during the months of April, May, June, July, August, September and October. Cleaning will occur between the hours of 6 PM Wednesdays and 7 AM Thursdays. ii) Weekend cleaning shall be performed between the hours of 6:00 PM on Friday and before 7:00 AM Monday, yearlong. Fire Warehouse: All regular services shall be performed between the hours of 6 PM and 7 AM. unless otherwise approved by the Contracting Officer. Work may be performed anytime on Federal holidays or weekends. i) Wednesday cleaning shall occur during the months of May, June, July, August and September of each year. Cleaning will occur between the hours of 6 PM Wednesdays and 7 AM Thursdays. ii) Weekend cleaning shall be performed during the months of May, June, July, August and September of each year, occuring between the hours of 6:00 PM on Friday and before 7:00 AM Monday. Ultimately, Contractor will be expected to maintain the areas defined in the Description and Location section, in a professionally clean condition throughout the contract period. DESCRIPTION OF WORK - DAILY REGULAR CLEANING RESTROOMS: Shall have a safe, clean, shiny appearance and be well stocked. -Scour toilets, urinals, sinks, and sink tops. Remove stains and mineral deposits, disinfect, and polish dry skink and counter top. -Sanitize, disinfect, and remove stains, including rust encrustations and water rings, from water closets and urinals. -Sweep and wet mop floors, paying particular attention to areas around stools. Remove dirt, grime, spots, and black marks. Restore luster to wax; re-wax is necessary to bring back shine. -Damp wipe walls and partitions and remove water marks, including walls around sink and paper towel area, front of cabinets, and walls around the garbage can. -Remove fingerprints and smudges from light switches, locks, doorknobs, and doorframes. -Empty trash receptacles and other trash and dispose of by dumping in dumpster and replace liners as needed. Wash trash cans as needed. -Damp wipe and polish dry all mirrors, dispensers, chrome fixtures, shelving, mopboards, window sills, ledges, partitions, etc. -Maintain adequate supplies of toilet paper, paper towels, and hand soap. -Sanitary napkin disposal bags shall be changed on each scheduled cleaning day. OFFICES, RECEPTION AREA, STORAGE AREAS AND CONFERENCE ROOMS: ***DO NOT CLEAN ANY COMPUTER, PHONE, OR AUDIO VISUAL EQUIPMENT*** -Check and turn off all portable personal heaters and fans in the building. -Empty wastebaskets and collect any other trash identified and dispose of in dumpster. Replace liners as needed. Wash waste baskets as needed. -Vacuum all carpeted areas, including edges and corners, without moving furniture except for chairs, to reach under desks and tables. Remove spots on carpet with effective spot remover. -Clean-up scraps around all paper cutters. -Sweep and damp mop vinyl floors in kitchen to remove dirt and scuff marks without disturbing waxed surface, restore luster to wax, and remove splash spots from mopboards and walls. -Damp wipe counter in kitchen. Wash and scrub to remove stains and mineral deposits, disinfect and polish dry sink and counter top in kitchen. Remove all water marks around sink area, paper towel dispenser, front of cabinets, and walls around garbage cans. -Dust and damp wipe all visible surfaces such as shelving, cabinets, furniture, door frames, window sills, wainscoating, ledges, fixtures, wall switch plate area, doors, desks, vents and chairs, to remove dust, dirt, grime, finerprints, black marks, scuffs and smudges. -Scrub, disinfect, and polish dry all drinking fountains to remove dirt, grime, stains, and mineral deposits. -Sweep storage room as needed. -Remove dust and cobwebs from corners, ceilings, and windows. -Bundle recycle paper as needed and deposit into recycling container -Remove all cardboard, flatten, bundle and deposit into recycling container. -Lids on dumpsters must be kept closed. -When garbage in dumpsters doesn't allow for lid to close - please notify the Contracting Officer's Representative as soon as possible. EXTERIOR ENTRANCES AND WALKWAYS: -Remove debris from entry walkways. -Sweep outside entry walkways to remove dirt, litter, and cobwebs, including the front and back stairways to the basement. -Empty trash/ash tray and clean including wipe down as needed. DESCRIPTION OF WORK - MONTHLY: -Spot-clean all surfaces to remove marks, smudges, fingerprints, and spots from walls, window casings, woodwork, glass surfaces, and door jambs. -Scrub and clean entire vinyl floor surface including corners and along edges of wall in kitchen and restrooms to remove marks, grime and dirt. Strip wax build-up, remove and buff entire floor surface -Brush clean exhaust vents in ceiling. -Perform other services as necessary to keep the space in a clean and sanitary condition. ON MONTH SPECIFIED: (A) APRIL, AUGUST, and NOVEMBER (Administration building). Wash and scrub all walls in restrooms and kitchen to remove dust, water stains, splash marks, and fingerprints. Wash all waste baskets. (B) MAY AND NOVEMBER (Administration building): Wipe and clean all wood surfaces with a cleaner specified to preserve and clean wood. (Fire warehouse): Remove spots, grease, smudges, fingerprints, and marks on walls. (C) APRIL and OCTOBER (Administration and fire warehouse area not associated with engines) Wash all windows inside and outside leaving no streaks or unwashed places. ANNUALLY: MAY: Wash all light fixtures to remove all dirt, dust, and grime from frames, glass panels, etc. AS NEEDED: -Change light bulbs and replace with CFL or incandescent bulbs, and wash light cover. Notify COR in writing if it appears that the light ballasts need replacing. Notify COR when light bulb supply is low. If cleaning service is refused due to high fire activity, refusal slip will be signed by fire management officer or designee. Refusal slips will be turned in to the COR with monthly invoice. CONTRACTOR QUALITY CONTROL The Contractor is responsible for management and quality control actions to meet the terms of this contract. The Contractor shall provide a Quality Control Plan as part of your offer. Records of quality inspections shall be kept and made available to the Government throughout the performance. A description of the quality control plan shall include security procedures for any Government-provided items such as keys or lock combinations, location of the documented inspections, and corrective or preventive actions taken for unsatisfactory performance. If Contractor is unable to show up to work due to winter conditions or other unavoidable curcumstances, communicate that to the COR at your first opportunity. Provide a plan to catch up services as soon as practicable, no later than two days after absence. GOVERNMENT QUALITY ASSURANCE Quality Assurance will be performed randomly by the Government during the contract period. Methods may include visual survey, review of customer complaints, and review of Contractor quality control documents. Deduction for work not performed will be made as follows: � See Attachment: Quality Assurance Surveilance Plan and Deduction Schedule QUALITY ASSURANCE INSPECTIONS (1) The Government will perform periodic review of the Contractor's Quality Control Procedures, Plan, Inspections Reports, and customer comments. (2) Quality Assurance Inspections will be made by random sampling or entire inspection of the work, and follow up of customer comments. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor. (3) Periodic means one (1) review each month, but may be done more frequently if necessary. (4) Work that does not meet the contract requirements will be brought to the Contractor's attention. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment of the Contractor's right to proceed may be terminated. PAYMENT (1) Payment will be made monthly at the contract price per month. Contract price and payment shall be full compensation for all contract work. Receipt of accurate invoice begins the payment process. (2) Quality adjustments shall be made when work has not been performed according to contract and the Contractor did not or cure nor correct the situation. An example of work that can not be corrected is failure to perform work that is required on a daily basis, such as cleaning bathrooms or emptying trash cans. The adjustment will be determined by totalling work not performed during the payment period and comparing it to the total work scheduled to be performed. If this comparison results in greater than 10% of the work not performed, an equal adjustment will be made. PREWORK CONFERENCE Prior to comencement of work, the Contracting officer will arrange a meeting with the Contractor and the COR to discuss the contract terms and work performance requirements. Also at the meeting, such things as work progress schedule shall be established in writing. PROVISION FAR 52.212-2 Evaluation -- Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: A Past Performance and Experience: List of projects completed in the last three years. Please include name of company, contact phone number and a brief narrative about the work performed. Use the Experience Questionnaire provided (as an attachment), or provide the same information. Include your Quality Control Plan and your Safety Plan B. BioBased Products and Usage: Experience with biobased cleaning products. Demonstrate the degree to which you have incorporated the use of biobased products in the performance of your janitorial duties. Include a complete list of biobased products you have used on recent janitorial contracts. C. Price: Price evaluation will be performed on the schedule of items as included within the combined synopsis/solicitation. Past performance and experience, and integration of biobased products in performing janitorial services, when combined, are slightly less important price . (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) CONTRACT CLAUSES 52.212-4 Contract Terms and Conditions-Commercial Items (Sept 2013) (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 Governmentwide 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 contr...