12010920Q0050.docx

COMBINED SYNOPSIS/SOLICITATION IAW FAR 12.603

SOLICITATION NUMBER: 12010920Q0050

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 based on the requirements outlined in this combined synopsis/solicitation. A written solicitation will not be issued.

This solicitation is issued as a Request for Quotation (RFQ), for a firm fixed price contract. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-06. All responsible sources may submit a quote in response to this solicitation, which shall be considered. A contract may be awarded resulting from this solicitation to the responsible quoter whose quote conforms to the solicitation and is most advantageous to the Government.

The United States Forest Service (USFS) intends to award one contract for the acquisition of items listed below. The Government intends to select one contractor; however, the Government reserves the right to award no contract at all, depending on the quality of the quotes and prices submitted.

Required Delivery Date Completion by 10/30/2020

Delivery Information Ketchikan, Alaska

AGAR 452.246-70 - Inspection and Acceptance (Feb 1988):

Fill in: (b) Ketchikan, Alaska

Competition requirements:

Small-Business Set-Aside

NAICS Code:

561730 – Landscaping Services

Size Standard:

$7.5 Million

Contract Line Items (CLINs):

Item(s)

MI – Mile; LS – Lump Sum; HR - Hour

Quoters will submit prices for all items.

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

(a) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

Invoicing for Mobilization Mobilization includes movement of all personnel, equipment, and materials to the project site (under location of work as stated within the Statement of Work/Specifications below) that are necessary to complete the work. Invoices for mobilization will be paid at the contract price as stated in the Schedule of Supplies/Services.

When 5 percent of the original contract amount for other Items is earned through acceptance, then 50 percent of the Mobilization amount, or 5 percent of the original contract amount for other Items, whichever is less, will be paid.

When 10 percent of the original contract amount for other Items is earned through acceptance, then 100 percent of the Mobilization amount, or 10 percent of the original contract amount for other Items, whichever is less, will be paid.

Any remaining portion of the Mobilization amount will be paid after final acceptance and invoicing.

Description of Requirement:

The Tongass National Forest requires service work on the Ketchikan Misty Fjords Ranger District involving road brushing to improve line-of-sight along remote roadways on the Shelter Cove road system. An Option Item has been included to provide incidental road maintenance services in the event slough material encroaches on the roadway.

For specific work performance information, see the following performance work statement.

The Contractor shall furnish all labor, materials, equipment, supervision and transportation to perform all work listed on the schedule of supplies/services.

Performance Work Statement for the Shelter Road Brushing Contract Tongass National Forest

Table of Contents

1. INTRODUCTION

The Contractor shall provide all road brushing requirements on the Shelter Cove roads of the Ketchikan Gateway Borough of the Tongass National Forest that adheres to the requirements of the contract, and other relevant Federal laws. This is a Firm-Fixed-Price Single Award Contract.

2. BACKGROUND

Established in 1905, the Forest Service is a federal agency that manages public lands in national forests and grasslands under a founding principle, "To provide the greatest amount of good for the greatest amount of people in the long run". The agency’s mission is to “sustain the health, diversity, and productivity of the Nation’s forests and grasslands to meet the needs of present and future generations”. The Forest Service has the responsibility for stewardship of more than 193 million acres of the nation’s forests and grasslands; for developing and communicating scientific knowledge through research and development that leads to informed natural resource decision-making; for delivering technical assistance through state and private forestry programs; and for sharing knowledge and experience with others in the global community through international forestry.

3. OBJECTIVES

· Maintain the vegetation along roads in order to improve line-of-sight around road curves and bends and to provide a wildlife buffer from the high-speed travel corridor.

· The brushing activities are completed by October 31, 2020.

· Contractor efforts are closely coordinated with consistent and effective communication with the Forest Service to achieve desired quality and timeframes.

4. SCOPE

This solicitation, and any resulting contract, is for roadside brush cutting along Forest Service roads on the Tongass National Forest, Shelter Cove road system. Work includes furnishing all labor, equipment, supervision, transportation, operating supplies and incidentals necessary to perform vegetation removal on roadway surfaces and roadsides as stated in Performance Work Statement Tasks and specifications.

Location

Shelter Cove – This geographic area will require mobilization to a remote road systems. Motor Vehicle Use Maps (MVUM) which show all open and maintained road systems, and which are free to the public can be accessed here: https://www.fs.usda.gov/detail/tongass/mapspubs/?cid=stelprdb5430063

Performance Work Statement Tasks

The Contractor shall:

A. Adhere to performance, quality control and safety specifications for this project.

B. Remove vegetation, including trees, on roadway surfaces and roadsides.

C. Cut all brush within established road corridor and treatment area which is less than or equal to 6 inches in diameter measured 6 inches above the ground.

D. Cut all brush within established road corridor and treatment area to a maximum height of 6 inches or less measured above the ground or alongside rocks (if applicable).

E. Cut all brush within 5 feet of culvert inlets.

F. Cut brush to provide overhead clearance of 14 feet on road surface.

G. Remove debris from road surface, ditches, and cut slope above the road. Scatter to fill slopes below the road, no debris piles allowed at culvert outlets or inlets.

H. Clean culvert inlets and outlets of debris a minimum of 2 culvert diameters.

I. Cut brush to provide sufficient site distance on the inside of sharp curves to eliminate blind corners and intersections.

See Roadside Brushing drawing for detailed information regarding Method A and Method B brushing requirements.

Incidental Road Maintenance If brushing activities ordered are unable to commence or continue due to damaged roads, the Forest Service may order minor road maintenance activities considered incidental to the road brushing activities. If ordered, these activities are subject to the requirements under Special Contract Requirements, Road Maintenance Requirements. The Contractor shall provide all equipment and equipment operator(s) to perform the work, if ordered under the Option Item. These activities are similarly subject to the Service Contract Act, and are limited to the following exhaustive list:

1) Sign, gabion, and guardrail repair (non-public works infrastructure only)

2) Cleaning culverts

3) Minor slump/slide removal

4) Litter cleanup

5) Minor culvert and drainage repair

6) Grading (unpaved roads only)

7) Rock raking (unpaved roads only)

8) Removal of oversize material (unpaved roads only) Resources Provided by the Contractor

A. The Contractor shall assume all risk, loss, damage, or expense arising out of the prosecution of the work, except as otherwise provided in the contract.

B. Measurement and payment for contract work will be made only for those pay items included in the Schedule of Items.

C. The Contractor shall be responsible for furnishing warning devices and complying with the safety standards and traffic management procedures as specified.

Type & Timing of Services: Services include removal of roadside brush along forest roads. Work occurs from late spring throughout the summer and into early fall.

The project involves the following work:

1) Roadside brush cutting during the summer of 2020 as identified in the table below. Brushing shall be completed by October 30, 2020. The associated miles to be brushed are summarized below:

Roads to be Brushed

2) The road segments listed for brushing are subject to change depending on road conditions. Work will be staked on the ground, unless the BMP is 0.00.

Potential quoters are encouraged to examine the work sites prior to quoting on this project.

Contractor’s Quality Control Plan The Contractor shall provide a quality control plan, which is mutually agreed upon with the Contracting Officer. This plan shall describe the Contractor’s method for ensuring all work meets the contract requirements.

At minimum, the Quality Control Plan shall outline how the quality of work will be monitored, how the crew will be supervised, and who will perform the quality control function. Contractor shall provide the Contracting Officer with documentation of quality control inspections.

The Contractor shall, within 5 days from receipt of a request from the Contracting Officer, submit a progress schedule to complete all work ordered within the time stated. If the Contractor falls behind schedule, the Contractor shall take such action as necessary to recover. The Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time stated in the Purchase Order.

Quantity Measurement Terms Measurement under the contract shall be according to the United States standard measure.

The methods of measurement and computation will be those necessary to accurately determine the quantities of materials furnished and work performed.

Miles will, in the absence of known distances from existing plans or surveys, be determined by the Government using a calibrated survey odometer or equal substitute operated on the traveled way at or parallel to road centerline.

Linear mile measurement will mean the sum of the road length parallel to the centerline.

Measurement will be made of each item or unit of work, as shown in the Schedule of Supplies/Services, completed and accepted in accordance with the contract.

Work Standards, Allowability, Surveillance, and Corrective Actions

Performance Standards For all tasks, the penalties for poor performance are:

(1) Contractor may be required to re-work the unacceptable portion of the work, at the Contractor’s expense;

(2) Contractor may receive a poor performance rating for this contract;

(3) Government may withhold partial, or full, compensation;

(4) Contractor may be required to replace lost, or damaged Government property; and

(5) Contract may be terminated for the contractor’s default.

For all tasks, the incentives for high quality performance are:

(1) Contractor will receive a superior performance rating; and

(2) The Government is more likely to select the Contractor for future Orders.

The Contractor shall:

1.1 Attend and participate in a Post-award Meeting. Contractor’s staff will participate in a post-award meeting via teleconference, or in Juneau, Alaska to be hosted by the Government.

Task Area 2: Transfer Data and Coordinate Outcome: Coordination, communication and data transfer supports an effective and efficient effort.

2.1 Respond to Forest Service requests for information throughout the contract performance period in a manner that maintains the required delivery schedule of completion by September 30, 202.

2.2 Ensure information is received by the Forest Service, and adequately conveys the understandable information requested in the requests for information.

3.1. Perform road brushing activities on all road systems.

3.2. Maintain all equipment in a working condition to facilitate completion by September 30, 2019.

3.3. Proceed diligently by maintaining fire readiness in the event roadside brushing activities ignite dry brush material. Cease operations during times of extreme fire danger, as defined further in the Special Contract Requirements section.

Task Area 4: Inspection and Acceptance Outcome: The Government will be able to timely travel to inspect, and either accept or reject/require rework for all or segments of the road brushing activities

4.1 Prepare and submit invoices according to work completed to specification. First draft shall be submitted to the COR for initial review.

4.2 After COR review, submit invoices into Invoice Processing Platform (IPP).

4.3 Prior to submission of the final invoice for the remaining dollar amount on the contract, submit a request to the COR for inspection and acceptance of the final work product. The COR will then coordinate final inspection and acceptance duties on behalf of the Government, and recommend final payment to the CO.

4.4 Any claims shall be made in writing to the CO within 10 business days after final inspection and acceptance, or the Contractor waives all rights to future claims potentially authorized by the Contract Disputes Act.

5. SPECIAL CONTRACT REQUIREMENTS

1. LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which fall outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

(b) Prevention of Oil Spills – If the Contractor maintains storage facilities for oil or oil products on Project Area, appropriate preventive measure shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

(c) If the total oil or oil products storage exceeds 1320 gallons or if any single container exceed a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

2. USE OF PREMISES (addendum to AGAR 452.236-72)

(a) Obtain written approval from the Contracting Officer before opening or operating on National Forest land or lands administered by the Forest Service any camp, quarry, borrow pit, storage area, detour, or bypass site, other than SHOWN ON THE DRAWINGS. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such approval, if granted, will be without charge to the Contractor.

(b) Sanitation Facilities: Provide and maintain the following facilities for the work force at the camp, unless provided otherwise.

domestic sewage.

3. Ensure that the design, operation, and maintenance of all solid waste systems under Forest Service jurisdiction meet all Federal, State, and local requirements. Meet State of Alaska solid waste management regulations (18 AAC 60) and Federal regulations contained in 40 CFR 243, 40 CFR 245, 40 CFR 257, and 40 CFR 258. Remove solid wastes and/or residues and dispose of in approved commercial landfills.

4. Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage.

Meet the requirements of 33 CFR 150 and 33 CFR 154 for facilities transferrring oil or hazardous materials in bulk.

(c) Do not begin any camp development, either land based or floating, until a plan for development, occupation, and cleanup is submitted and approved by the Contracting Officer. Include the following information on this plan:

Forest Service will review plan as submitted for completeness and applicability. Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval. Any modifications agreed upon will be incorporated in a revised set of plans.

3. CONTRACTOR'S USE AND MAINTENANCE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. Such roads are those which are necessary for direct access to designated borrow sites, quarries, stockpile sites, waste areas, campsites, equipment unloading ramps, and other approved work areas. The roads authorized for use will be subject to the following general conditions:

(c) The Contractor is responsible for and will perform road maintenance on Forest Service roads in the construction area commensurate with his use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the Contracting Officer.

4. EMERGENCY CONTROL

(a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or resulting from construction operations.

(b) Contractor's Responsibility for Controlling Other Emergencies - When requested by the Contracting Officer, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established by the Forest Service.

(c) Fire fighting equipment will be required during the fire season from May 10 to August 31, and during any other period of fire danger designated by the Contracting Officer.

Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site. Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tools boxes. Paint fire tools boxes red, mark "tools for Fire Only" with letters at least 3” high, and keep sealed. Post a list of the contents inside each fire tool box so as to be visible when opened.

Pumps, backpack cans, 5-gal filled with water

Equip each internal combustion engine with a spark arrester qualified and rated USDA-Forest Service, Standard 5100-1, unless it is:

(a) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(b) A multi-position engine, such as on a chain saw, which is equipped with screen arrester, as described in the Forest Service Spark Arrester guide.

A spark arrester, which does not meet the requirements in this guide may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.

(c) A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory designed muffler and exhaust system.

(d) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Properly install and constantly maintain in serviceable condition all exhaust equipment described in this Subsection, including spark arresters and mufflers.

Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications:

1. 2-1/2 pound size or larger dry chemical type.

2. 4-pound size or larger carbon dioxide type.

Test or check each extinguisher for proper functioning prior to the beginning of fire precautionary period.

Provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. Maintain the extinguisher in good working order at all times.

Do not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the Contracting Officer. Submit written requests for burning to the Contracting Officer at least 48 hours in advance of intended burning. The Contracting Officer will approve routine camp refuse disposal incineration in the camp development proposal.

5. DISPOSAL OF MERCHANTABLE TIMBER

All timber meeting Forest Service merchantability standards logged during prosecution of this contract, remains the property of the Government. Deck logs in the immediate vicinity in accordance with Section 201 of the specifications.

Buck trees in various lengths to obtain the greatest utilization of material meeting the following utilization standards. The Minimum merchantable piece shall be 6” in diameter inside bark at small end, 12 feet in length, have a net scale of 33 1/3 percent of its gross scale for a sawlog or produce not less than 50 percent of its gross volume in firm usable pulp chips.

Trim allowance shall be a maximum of 12” for log lengths up to 40 foot. An additional 2” of trim shall be allowed for each 10 foot of log length over 40 foot.

Use humbolt undercut in felling merchantable timber. Buck all limbs flush with merchantable logs.

All dead trees which are sufficiently tall to reach the roadbed are designated for cutting. Fell other fire-dangerous dead trees or unstable live trees within 200 foot slope distance of the center line of the road, when marked by the Forest Service. Treat all timber under this subsection meeting utilization standards in accordance with Specification 201 Subsection 201.04, unless relieved in writing.

Cut and use timber designated by the Contracting Officer for construction, without charge.

6. OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work on this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

7. CONTRACTOR RESPONSIBILITY TO NOTIFY GOVERNMENT

The Contractor will notify the COR when leaving the project area for 3 or more days and within 24 hours before returning to the project area.

8. SIGNING AND SAFETY

(a) A reflectorized SLOW MOVING VEHICLE emblem shall be attached to any equipment not designed to maintain a safe travel rate or that will be moving at a slow rate while performing maintenance.

(b) It shall be the Contractor’s responsibility to furnish black and orange reflectorized maintenance warning signs to alert motorists of maintenance operations. A minimum of (1) sign at each end of the road sections being maintained shall be kept in place at all times and shall be moved as work progresses.

(c) If a berm is left in the roadway overnight or weekends due to weather conditions or breakdowns, it shall be properly signed as a hazard and visibly illuminated at night by Type B High-Intensity Flashing Warning Lights with a minimum mounting height of 36 inches to bottom of lens as required by the Manual of Uniform Traffic Control Devices.

9. DAMAGE TO STRUCTURES

The Contractor shall be held liable and is responsible for any damage caused by Contractor’s personnel or equipment to any bridges, guardrails, culverts, signs, and riprap-protecting culvert inverts. Repair to these structures shall be at the Contractor’s expense and at no additional cost to the Government.

10. ACTIVITY REPORT

The Contractor may be required to maintain and furnish a Daily Activity Report reporting maintenance activity performed, if ordered by the Contracting Officer or the Contracting Officer Representative. Reports shall be furnished to the Contracting Officer or the Contracting Officer Representativeon a weekly basis. A sample form to be used is included in Attachment 4.

11. ABBREVIATIONS

Whenever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows: (Reference to a specific standard or specification shall mean the latest addition or amendment thereto in effect on date of Request for Quotes.)

(a) AASHTO – American Association of State Highway and Transportation Officials.

(b) CS – Commercial Standard Issued by U.S. Department of Commerce.

(c) EPA – Environmental Protection Agency.

(d) FAR – Federal Acquisition Regulation System.

(e) FED SPEC – Federal Specifications.

(f) FSS – Federal Specifications and Standards.

(g) MSHA – Mine Safety Health Administration.

(h) MUTCD – Manual of Uniform Traffic Control Devices.\

(i) NBS – National Bureau of Standards.

(j) OSHA – Occupational Safety and Health Act.

(k) PS – Product Standard issued by the U.S. Department of Commerce.

(l) UL – Underwriter’s Laboratories, Inc.

6. PERFORMANCE REQUIREMENTS SUMMARY

The following performance standards apply to services under this Requirements contract.

(AQL)

Monitoring Method

Reactive communication is minimized through the Contractor’s proactive communication.

Government requested information is provided within ten (10) business days.

Feedback from the Government personnel on contractor efforts.

Government review of the Contractor written communications and invoices.

For any efforts, any rework required for poor quality will not be charged to the Forest Service.

7. PERFORMANCE SCHEDULE AND DELIVERABLES

Deliverables for the Contract are due as cited in the Table below. Due dates are expressed as federal business days, unless otherwise noted.

Deliverables shall contain the information mentioned above and shall be written in a style that is clear, concise, and most importantly, well organized and easy to understand. Poor writing, organization, production, insufficient information, etc. are grounds for rejection of the deliverable.

Deliverables listed below will be reviewed and approved by the Government before acceptance. Multiple rewrites of deliverables that do not meet Government standards must not affect the schedule unless agreed to by the Government.

Required Schedule and Deliverables

Task Number Task Description

Due Date (Federal business days, unless otherwise noted)

8. GOVERNMENT RIGHT TO INSPECT

In accordance with FAR 52.212-4, the Government will perform inspection of the deliverables and services received from the Contractor in accordance with the Government’s Quality Assurance Surveillance Plan (QASP) (see Attachment 2). The Government has the right to perform periodic surveillance of the Contractor to ensure that the Contractor’s work products and processes are in compliance with the contract requirements. The Government and the Contractor will coordinate Government surveillance in a manner that will not unduly delay or disrupt the Contractor’s performance of the contract.

The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted work. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR/designee of the specific reasons for rejection. The Contractor shall have five business days to correct the rejected deliverable and return it per delivery instructions.

The Government at all times will have access to the work wherever it is in preparation or progress. The Contractor shall provide proper access for inspection.

9. ROLES AND RESPONSIBLITIES

The Contractor has the responsibility to contact the COR in the event of questions regarding regulatory, safety, or acceptability requirements. Agency personnel will be available to the Contractor for consultation and participation as agreed upon by both parties. The Contractor has the responsibility to contact the CO for questions regarding the contract specifications.

This requires collaboration between the Government and Contractor. As noted throughout the Background and Task Areas, in multiple instances the Government will provide direction, information, and applicable understanding to the Contractor.

10. GOVERNMENT FURNISHED PROPERTY/INFORMATION

The Government will supply to the Contractor the following property:

1. Land for camping and staging equipment (if applicable), if the Contractor submits a camping plan within 10 business days of award, and incorporates revisions required by the local District Ranger.

2. No other property will be provided to the Contractor The Contractor will furnish all other equipment needed to accomplish the field work to the specifications of this contract.

11. GOVERNMENT VEHICLES

Contract employees required to utilize any Government vehicle (cars, trucks, etc.) as a passenger, as a last resort for transportation (in the event of vehicle breakdowns and the Government has personnel available to assist), shall be required to sign a “Hold Harmless” release. This includes Government-procured rental vehicles. The Contractor shall use or rent their own vehicles whenever possible and practical. Signed releases are due to the CO one business day before use of a Government vehicle. Government vehicles are for official use only.

12. TRAINING AND SAFETY

The Contractor is responsible for all training for its employees, and for providing a safe working environment to its employees.

13. TERMS AND CONDITIONS

All terms and conditions in this Contract apply to this Contract. The following Federal Acquisition Regulations (FAR) and Department of Agriculture Acquisition Regulations (AGAR) apply, and can be found electronically at the following websites:

https://acquisition.gov https://acquisition.gov/Supplemental_Regulations https://www.dm.usda.gov/procurement/policy/agar.htm

52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016) 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018) 52.212-5, Contract Terms and Conditions required to Implement Statutes or Executive Orders – Commercial Items (Mar 2020)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.4704 and 10 U.S.C.2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) __ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_X_ (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 (Oct 2018) (41 U.S.C.

2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)) __ (ii) Alternate I (Jan 2017) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Mar 2020) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (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 (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (i) Alternate I (July 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

__ (36) 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.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C.chapter 83).

__ (49) (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.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C.2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 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).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C.

3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (62) (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.

__ (iii) Alternate II (Feb 2006) 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).

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_X_ (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).

This Statement is for Information Only:

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 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).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.