1224H818Q0014.pdf

PDF 13 MB Posted

Attached to
Normal and Heavy ATV Trail Maintenance IDIQ Allegheny National Forest
Solicitation number
1224H818Q0014
Issued by

View the file

Other files

File Type Posted
SOI_REV10032018.pdf PDF
Q&A_10032018.pdf PDF

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

Combined Synopsis/Solicitation

Solicitation Number 1224H818Q0014

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as an RFQ. The documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-100.

This procurement is set aside 100% for small businesses. The NAICS code is 115310 and the Small Business Size Standard is $7.5M.

Schedule of Items

BASE PERIOD:

Pay Items Title

Unit

Unit Price Est Annual Quantity

Total Price

910 Trailway

91106.1 Normal Tread Maintenance MI

91106.2 Heavy Tread Maintenance LF

75,000

920 Additional appurtenant trail structures shall be maintained within NORMAL and HEAVY tread trail maintenance pay item and may include in each task order the following additional requests separately priced:

920.1 AASHTO #8 T

920.2 AASHTO #10 T

920.3 DSA Limestone T

920.4 PA 2A T

920.5 AASHTO #3 (PA 3A) T

920.6 AASHTO #3 Limestone (PA 3A Limestone) T

91116 Obliteration of abandoned/unauthorized trail by removing existing trail and trail structures and also backfilling any resulting trenches, holes or pits

LF

10,000

91217 Hazard tree removal for dead or snagged trees posing a safety issue for riders as identified by the

COR

EA

98101 Seeding and mulching disturbed sites to ensure protection of the soil resource within 14 days of disturbance

SY

98202 Installation of 36” staked silt fencing or staked straw bale sediment structures to collect sediment

98202.1 Riprap Size R-3 EA

98202.2 Riprap Size R-4 EA

98202.3 Riprap Size R-5 EA

98901 Government furnished surfacing aggregate, Loading, unloading and transportation of government furnished materials to a trail location determined by the COR

T

OPTION 1:

91106.1 Normal Tread Maintenance MI

91106.2 Heavy Tread Maintenance LF

75,000

920 Additional appurtenant trail structures shall be maintained within NORMAL and HEAVY tread trail maintenance pay item and may include in

920.2 AASHTO #10 T

920.3 DSA Limestone T

920.4 PA 2A T

920.5 AASHTO #3 (PA 3A) T

920.6 AASHTO #3 Limestone (PA 3A Limestone) T

91116 Obliteration of abandoned/unauthorized trail by removing existing trail and trail structures and

10,000

91217 Hazard tree removal for dead or snagged trees

98101 Seeding and mulching disturbed sites to ensure

98202.1 Riprap Size R-3 EA

98202.2 Riprap Size R-4 EA

98202.3 Riprap Size R-5 EA

98901 Government furnished surfacing aggregate, Loading, unloading and transportation of government furnished materials to a trail location determined by the COR

OPTION 2:

91106.1 Normal Tread Maintenance MI

91106.2 Heavy Tread Maintenance LF

75,000

920 Additional appurtenant trail structures shall be maintained within NORMAL and HEAVY tread trail maintenance pay item and may include in

920.2 AASHTO #10 T

920.3 DSA Limestone T

920.4 PA 2A T

920.5 AASHTO #3 (PA 3A) T

920.6 AASHTO #3 Limestone (PA 3A Limestone) T

91116 Obliteration of abandoned/unauthorized trail by removing existing trail and trail structures and

10,000

91217 Hazard tree removal for dead or snagged trees

98101 Seeding and mulching disturbed sites to ensure

98202.1 Riprap Size R-3 EA

98202.2 Riprap Size R-4 EA

98202.3 Riprap Size R-5 EA

98901 Government furnished surfacing aggregate, Loading, unloading and transportation of government furnished materials to a trail location determined by the COR

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

a. There is no “Show-me” trip scheduled for this project, prospective quoters are “strongly encouraged” to become familiar with the trails to be maintained under a resulting contract (Reference attachments).

b. All line items must be priced in order to be considered for award.

c. This is a Performance Based service Contract.

d. Contractor must be registered www.sam.gov to be considered. THIS IS A FREE REGISTRATION.

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows: _______________________________________________________________.

Description of Requirement:

Statement of Work

910 The Forest Service (FS) has a requirement for a Performance Based Service Contract for Forest-Wide Trail Normal and Heavy Maintenance on the Allegheny National Forest. The contractor(s) shall provide all expertise, labor, supervision, services, equipment, tools, supplies, permits (when and if required), coordination with utilities, transportation, and incidentals necessary to perform trail normal and heavy tread maintenance, directly related to trail activities on the Allegheny National Forest in Pennsylvania.

Such normal and heavy tread trail maintenance will occur primarily occur in the Spring and Fall seasonal months. Spring and Fall maintenance performance will be optional for any given year during the term of the contract depending on the condition of each trail system listed in the contract. This will depend on the condition of each trail system that may be affected by adverse weather conditions and or use. Spring maintenance will start March 1st and must be completed no later than the Thursday before Memorial Day. If start up or other scheduled work days are late/postponed due to weather, trail conditions or other extenuating circumstances defined by the CO or COR – work may continue after the trail is open an equal number of days upon approval the of CO or COR. Fall maintenance on trails will start Tuesday after Labor Day and be completed no later than December 15th. If start up or other scheduled work days are late/postponed due to weather, trail conditions or other extenuating circumstances defined by the CO or COR – work may continue after 15 December for an equal number of days upon approval the of CO or COR. Trails will remain open during the contract, unless agreed to by the FS that a section may be closed for safety or resource protection. No evening work or work on weekends or federal holidays will be allowed without approval of the Contracting Officer’s Representative. Work will only be allowed during appropriate weather conditions. Inspections will be performed weekly and work will be accepted prior to contractor shutting down for the weekend.

91106.1 Normal Trail Maintenance (aka, Normal Tread Maintenance) will primarily include the maintenance of existing trails with not more than 6” deep ruts or holes from the tread surface for no longer than 500 foot sections ending with a trail tread depth of 4” of compacted aggregate, and a trail width of 50-64”.

Reconditioning of the trail surface may include the maintenance of any or all trail tread, including pulling in material from undesirable berms and reincorporating into tread, compacting and correcting damage that corrupts drainage pattern. The work will include reshaping the trail to the original insloped / outsloped condition and controlling surface drainage to prevent further degradation of the trail and compact all disturbed areas. All dips will be reconstructed as shown in the drawings. Culvert maintenance by cleaning culverts of deposited/debris materials to allow free flow of water. Ditch maintenance including removal of deposited/debris materials to allow free flow of water while maintaining depth and slope. Drain Dip maintenance ensuring leadoff ditches be opened and free of deposited/debris materials and compaction of materials to maintain side slope stability. Loading, unloading and transportation of government furnished materials to a trail location determined by the COR. Additional surface aggregate may be needed to supplement pulled-in slough material that is recaptured, watered (as determined by the COR) and compacted within specifications and tolerances. Such surfacing aggregate will include:

AASHTO #10 or #8, DSA Limestone, PA 2A, AASHTO #3 (PA 3A), AASHTO #3 Limestone (PA 3A Limestone) Government furnished surfacing aggregate, The FS estimates at least an annual need of approximately 100 tons of the above aggregates for each trail system (5 trail systems, i.e., 500 tons minimally)

Task Orders under this section will specify types of aggregate surfacing to be applied.

91106.1 Heavy Trail Maintenance (aka, Heavy Tread Maintenance) will primarily include those portions of heavily damaged trail tread that would require more than normal maintenance to return to original shape. Heavy maintenance will include areas that are deeply rutted, have large waterholes and drainage has been significantly changed and where more than normal amount of work is needed to repair. In all cases the trail is still defined but has significant reshaping to be performed. Heavy Tread maintenance will be required if ruts/holes are deeper than 6” but not more than 18” and less than 30 CY of material needs to be moved over a 150’ length of trail ending with a trail tread depth of 4” of compacted aggregate, and a trail width of 50-64”.

Specifically, heavy tread trail maintenance will include: Removal and reshaping berms as needed, pulling in material from undesirable berms and reincorporating into tread and compacting, correcting damage that corrupts drainage patterns, reshaping the trail to the original insloped/outsloped condition and controlling surface drainage to prevent further degradation of the trail. All dips will be reconstructed as shown in the drawings.

Additional surface aggregate may be needed to supplement pulled-in slough material that is recaptured, watered (as determined by the COR) and compacted within specifications and tolerances. Such surfacing aggregate will include:

The FS estimates at least an annual need of approximately 100 tons of the above aggregates for each trail system (5 trail systems, i.e., 500 tons minimally)

Task Orders under this section will specify types of aggregate surfacing to be applied.

920 Additional appurtenant trail structures shall be maintained within NORMAL and HEAVY tread trail maintenance pay item and may include in each task order the following additional requests

920.1 AASHTO #8,

920.2 AASHTO #10

920.3 DSA Limestone

920.4 PA 2A

920.5 AASHTO #3 (PA 3A)

920.6 AASHTO #3 Limestone (PA 3A Limestone)

91116 Obliteration of abandoned/unauthorized trail by removing existing trail and trail structures and also backfilling any resulting trenches, holes or pits

91217 Hazard tree removal for dead or snagged trees posing a safety issue for riders as identified by the COR

98101 Seeding and mulching disturbed sites to ensure protection of the soil resource within 14 days of disturbance

98202 Installation of 36” staked silt fencing or staked straw bale sediment structures to collect sediment

98202-1 Riprap R-3

98202-2 Riprap R-4

98202-3 Riprap R-5

98901 Government furnished surfacing aggregate, Loading, unloading and transportation of government furnished materials to a trail location determined by the COR

Solicitation Number

Performance Requirements Summary Normal and Heavy Tread Trail Maintenance Contract

Allegheny National Forest

REQUIREMENT

TASKS/

CRITICAL SUB‐

TASKS

QUALITY

STANDARDS

AQL/Tolerance

RELATED

DRAWING

MONITOR

METHOD

Mobilization

90701

Mobilization

Mobilization will be from company office address or location of equipment at the time of issuance of each TO (lessor of two distances).

Contractor will be paid mobilization one time to the center of work area(s) listed on TO and will not be paid any mobilization between sites on same TO.

SCA, OSHA,

Industry practice.

Reasonable production for the task

N/A Visual 100% by COR while work is being done.

Tread and Prism

CRITICAL SUB‐

TASKS

AQL

DRAWING

MONITOR

METHOD

91106

Normal Tread & Heavy Tread Maintenance

This work consists of restoring the original trail template, including clearing, removing slough and berm, borrow, filling ruts and troughs, reshaping backslopes, excavation, reshaping trail tread, restoring drainage and other trail structures, constructing check dams, and removing protruding rocks, roots, stumps, slough, and berms.

The contractor shall reclaim all suitable material which has been worked onto the edges of the trail by traffic or maintenance activities, back onto the trail.

The total trail bed width shall be bladed and shaped with equipment whose primary function is for grading to produce a surface which is uniform, consistent to grade and crowned or cross‐sloped as indicated by the character of the existing surface. Excavators will not be used for final grading purposes prior to compaction. Grading equipment (examples:

Bob Cat T300, Cat 279, John Deere 350) will have a 6‐way adjustable blade or the ability to produce the above stated results with the use of attachments (examples: rock hound, stone rake, draw or box blade, rototiller/ pulverizer).

Compaction will consist of at least three passes on the entire width of the tread surface with a vibratory steel roller. Established grasses and other vegetation shall not be removed from areas outside the traveled way except as incidental to providing drainage.

Undercutting of the trail surface at the trailed edge and leaving material berms is unacceptable.

Trail Specifications 911.30

SPS 911.30

a. Safe = 100%

b. Smooth Surface = 100%

c. Potholes, Ruts, remedied = 100%

d. Drainage = 100%

ANF‐T‐2 Drivability/walking surface smooth on 100% of the trail

The finished surface including transitions between different cross section shall provide a uniform driving surface. At intersections, the side trail and roads that are not closed to vehicular use shall be bladed to assure a smooth transition. All road used by ATV’s and Dirt Bikes shall be restored to a uniform driving surface only in areas defined in normal or heavy maintenance.

Provide safe, smooth, drained surface free of potholes, ruts, unneeded berms, washboard and debris while recovering any useable existing aggregate. This work also includes the reconditioning of drainage dips, turn‐outs, and turnarounds. All potholes will be scarified to the lowest point in the hole and the aggregates and soil re‐graded and smoothed over the entire trail to produce smooth uniform surface free of debris. Water, if needed to prevent heavy dusting and/or to allow the aggregates to bind will be applied as needed. Clean ditches to maintain free flow in an environmentally sound manner.

CRITICAL SUB‐

TASKS

DRAWING

MONITOR

METHOD

91116

Obliteration of Abandoned or Unauthorized Trail

This work consists of removal and disposal of existing structures, including turnpikes, walkways, bridges, culverts, signs and posts, and other material within the trailway, above or below ground. Work also includes salvaging DESIGNATED materials and backfilling the resulting trenches, holes, and pits.

Trail Specifications 911.60

100% Produced at time of TO

Visual 95% ‐ No safety concerns

Clearing Limits

91217

Hazard Tree Removal

Remove trees and snags that are broken off or that are in a leaning, unstable position over the trailway to designated areas as SHOWN ON THE PLANS. Cut designated danger trees so that stump is flush to ground. Do not leave felled trees parallel with the trail unless there are sufficient barriers to keep them from rolling or sliding onto the trail. Lop limbs to reduce slash concentration and scatter the clearing debris outside and below the clearing limits. If the trunk or a portion thereof, falls within the trailway, remove that portion within 4 feet of either side of the trail centerline and scatter a minimum distance of 4 feet beyond and below the trail centerline.

Trail Specifications 912.40

100% Produced at time of TO

ANF‐T‐1

Visual 100% and testing if spelled out in TO

Surfacing

CRITICAL SUB‐

TASKS

DRAWING

MONITOR

METHOD

91303, 91307

Aggregate and Base Course Surfacing Compaction Method

This work consists of furnishing, hauling, watering, placing, and compacting aggregate surfacing or base course. Compaction will consist of at least three passes with a vibratory steel roller over the entire width of the tread surface. Scarification of base course will be specified by COR where needed.

Provide and Place as required in TO in the locations and depth as shown or requested (compaction included).

Excess haul rate is added separately (Pay Item 91303.9) for every ¼ mile additional haul past the first ½ mile.

Trail Specifications 913.10.

Gradation/quality meets PENNDOT Standards for aggregate materials placement in accordance with traveled way typical and Task Order.

Refer to attachments #6a or #6b link

In accordance with

PENNDOT

Standards & accepted industry practice 95%

ANF‐T‐3 and

TO

Certification of Quality of Aggregate one sample per lot.

91303.9

Aggregate Surfacing, Additional ¼ Mile Haul Pay Rate

Excess Haul Length ‐ For every ¼ mile additional haul past the first ½ mile an additional fee may be added to the price of each ton of aggregate or rock used.

Example: Stone excess haul price for ¼ mile (one‐way) haul from stockpile site = aggregate/rock base rate/ton (SCA).

Trail Specifications 913.50.

Gradation/quality meets PENNDOT Standards for rock materials placement in accordance with culvert typical and TO.

Refer to attachments #6a or #6b link

In accordance with

PENNDOT

Standards accepted industry practice 100%

PENNDOT

specification 703.2(c)

Forest Service SPS 703 Aggregate

AS Provided in

TO.

Certification of Quality of rock ‐ one sample per lot from supplier

Verification of trail distance and visual inspection on the ground for gradation and quality of rock.

91309

Watering

Provide water as needed and directed by FS for use during dry conditions to bring materials to near optimum moisture content to ensure compaction. This will be paid for by the 1000 gallon unit i.e. “K” gallons. Water may be obtained from local surface water with approval of the COR. Water will be spread evenly and effectively on soil/aggregate by way of a spreader bar, sprinkler or handheld spray device as approved by FS. No flooding of aggregate/soil will be allowed.

Trail Specifications 913.10.01 Meets intent of the contract and is spread and mixed with soil/aggregate uniformly to the correct moisture content.

In accordance with State Standards accepted industry practice 100%

N/A Visual

Provide volumes of tanks/hauling equipment to verify volume placed. FS will reserve the right to measure the container to attain volume.

CRITICAL SUB‐

TASKS

DRAWING

MONITOR

METHOD

91318

Riprap Surfacing

Construct riprap surfacing as SHOWN ON THE PLANS. This work consists of maintenance of riprap surfacing, including excavation, furnishing, hauling, and placing rock and aggregate, compacting surfacing, and associated barriers, ditches, retaining walls, and approach sections.

Excess haul rate is added separately (Pay Item 91303.9) for every ¼ mile additional haul past the first ½ mile.

Trail Specifications 913.50.

Gradation/quality meets PENNDOT Standards for rock materials placement in accordance with culvert typical and TO. Refer to attachments #6a or 6b link.

In accordance with

PENNDOT

Standards accepted industry practice 100%

PENNDOT

specification 850.02

AS Provided in

TO.

Certification of Quality of rock ‐ one sample per lot from supplier

Verification of weight ticket and visual inspection on the ground for gradation and quality of rock.

CRITICAL

SUB‐TASKS

DRAWING

MONITOR

METHOD

920 Drainage Structures

92115

Culvert Maintenance

Clean culvert to maintain free flow, a minimum of 90% of the culvert barrel must be free of debris after cleaning.

Trail Specifications 921.70

90% clear and free flowing to maximum attainable flow.

ANF‐5 Visual random sample

92504

Ditch Maintenance

Clean deposited material and restore ditches as SHOWN ON THE PLANS. Remove all debris from the lead‐off ditches that restricts the free flow of water away from the trail. Clean ditches to permit the free flow of water into culverts and away from the trail.

Scatter all unusable or unneeded material that is cleared from the drainage structures 3 feet or more beyond and below the trail or drainage facility and out of water courses. Maintain average depth 1‐2 feet and with 2:1 or flatter side slopes.

Trail Specifications 925.30

Effective ditch that will drain said structure. The side slopes will be stable and sloped to prevent failure.

100% maintained to achieve drainage and maintain stability of soil slope (Max 2H:

1V).

ANF‐T‐1 STD‐925‐

Visual

92702

Drain Dip Maintenance

This work consists of ensuring leadoff ditches be opened for their entire length to provide drainage away from the trail without ponding and backing water onto the trail surface. Use suitable material obtained by cleaning dips for fill on the downgrade side, removing rock more than 3 inches at its greatest dimension.

Compact all material placed in the trail tread.

Maintain a shallow ditch sloped 2 percent to 5 percent to the downstream side of the trail and 3 inches minimum deep and 12 inches minimum wide across the trail at the point where water enters the trail. Clean ditches to permit the free flow of water into culverts and away from the trail. Scatter all unusable or unneeded material that is cleared from the

Trail Specifications 927.20

Effective drain dip that will drain said structure. The side slopes will be stable and sloped to prevent failure.

100% maintained to achieve drainage and maintain stability of soil slope

ANF‐T‐4 Visual/ drivability drainage structures 3 feet or more beyond and below the trail or drainage facility and out of water courses.

CRITICAL

SUB‐TASKS

DRAWING

MONITOR

METHOD

980 Incidentals

98101

Seeding and Mulching

Seeding and mulching disturbed sites to ensure good germination and ground cover to protect the soil resource. Seeding will be done no more than 14 days after site has been completed.

Trail Specifications and Allegheny NF Seed Specifications

At least 95% of the area needing seed and mulch is covered with the required quantity and in a manner to assure germination.

Per specification 625 in EM‐ 7720‐100 Forest Service Specifications for Construction of Roads and Bridges.

Visual and with material certifications for seed and straw mulch.

98202

Silt Fence/straw bale structure

Furnish and install 36” staked silt fence or staked straw bale sediment structure as shown in drawings.

FP 713.16

Structure is stable, will withstand heavy rainfall/flow and will collect sediment as required

Meets the intent of the structure and is constructed as shown in the drawings – 95%

ANF‐T‐7 Visual inspection

98901

Loading, unloading, or transport of government‐ furnished materials

Load, unload, or transport government‐ furnished materials to trailhead or on trail with equipment approved by COR.

OSHA, Industry practice, and FS fire suppression provisions.

Reasonable production for the task

N/A Visual 100% by FS inspector while work is being done.

INCENTIVE TO MEET CONTRACT REQUIREMENTS: If the contractor completes each Option Year’s Task Order’s work on time and with less than or equal to two re-workings at a site, then the ANF will recommend and exercise award of another Option Year of the IDIQ contract.

Reference the following attachments that are incorporated into this solicitation:

Attachment 1 SCA Wage Determination

Attachment 2 RESERVED

Attachment 3 SpecialProjSpecsTrailConstructionMaint_REV

Attachment 4 FSTrailDesignParameters (1)

Attachment 5 TrailClearingRepairDrawings

Attachment 6 PennDotspecifications-link

Attachment 7 Supplies Agregate Vendors

Attachment 8a ATV18-MrnvlTmbrl-s1p4

Attachment 8b ATV18-WlwCkRkyGp-s2p3

Delivery Details/Period of Performance:

The Government intends on awarding one IDIQ contract for a period of one base-year and two, one-year option periods.

The following Federal Acquisition Regulation (FAR) clauses and provisions, the Department of Agriculture Acquisition Regulation (AGAR) clauses and provisions, and supplemental terms and conditions apply to this solicitation and are incorporated by reference (IBR) or by full text into the solicitation and final awarded contract. Items IBR can be viewed in full text at http://www.acquisition.gov/far/

COMMERCIAL FAR CLAUSES AND PROVISIONS:

52.212-1 Instructions to Offerors – Commercial Items (AUG 2018)

52.212-2 Evaluation – Commercial Items (OCT 2014) (FAR Provision)

(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:

-Price

- Past Performance/Experience

Price and past performance/experience are equal.

(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.

52.212-3 Offeror Representations and Certifications – Commercial Items (AUG 2018)

52.212-4 Contract Terms and Conditions – Commercial Items (Deviation 2017-1) (JAN 2017)

Deviation 2017-1 modifies paragraph r to remove reference to 41 U.S.C. 4712.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation

2017-1) (AUG 2018)

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

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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:

[Contracting Officer check as appropriate.]

_X_ (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__(3a) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

(April 2014) (41 USC 4712) (Deviation 2017-1) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31

U.S.C. 6101 note).

__ (5) [Reserved].

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

_X_ (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).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

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

__ (iv) Alternate III Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9.

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small

Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O.

13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693)

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) __ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693) __ (45)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

_X_ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

_X_ (47)(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.

__ (48) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 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).

__ (50) 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).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C.

3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and

10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (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).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option

Contracts) (Aug 2018) (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) (E.O. 13658).

_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).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203-19, 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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10

U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

OTHER CONTRACTUAL REQUIREMENTS AND TERMS AND CONDITIONS:

FAR & AGAR CLAUSES:

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

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 the date of contract award through the last day of the contract.

(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.

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 $2,500.00 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 $300,000.00;

(2) Any order for a combination of items in excess of _$300,000.00_ or

(3) A series of orders from the same ordering office within _30_ days that together call for quantities exceeding the limitation in paragraph (b)(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 7 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.

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 one year following contract expiration.

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 1 day prior to contract end.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.232-18 Availability of Funds (APR 1984)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond 30 September 2018. 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 30 September 2018, 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.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

AGAR 452.216-73 Minimum And Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $5,000.00 , but not in excess of $750,000.00 .

AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuant to the clause "Insurance - Work on a Government Installation (52.228-5)," the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it.