RFQ-BRDFenceMaint-IDIQ.doc

COMMERCIAL ITEMS

SOL NO. 1224H820Q0003

Bradford RD Fence Maintenance IDIQ

DATE

02/10/2020

7. FOR SOLICITATION

USDA Forest Service Allegheny National Forest

4 Farm Colony Drive

Warren, PA 16365

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

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SMALL BUSINESS FORMCHECKBOX

Women Owned Small

BUSINESS (WOSB)

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HUBZONE SMALL FORMCHECKBOX

Economically Disadvantaged

Women-Owned Small Business (EDWOSB)

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A) NAICS:__115310___

OWNED SMALL BUSINESS

Size Standard:___$8 M_________

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

same as 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE same as 9

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

Bradford RD Fence Maintenance IDIQ

CONTRACTOR MUST BE REGISTERED IN

https://beta.sam.gov/ in order to submit an offer on this project.

ENTER DUNS Number ________________________

Please complete this package and return by the response date to the address in box 9 or via email to carol.northrop@usda.gov

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

FENCE MAINTENANCE

ON THE BRADFORD RANGER DISTRICT

SCHEDULE OF ITEMS

Item

Estimated

Unit

NO. Description

Quantity Unit

Price

Amount

Item 1 Bradford Ranger District Fences

1A Base Year

29.83

Mile

04/01/2020 through 12/31/2020

1B Option Year 1

40.07 est.

01/01/2021 through 12/31/2021

1C Option Year 2

40.2 est.

01/01/2022 through 12/31/2022

1D Option Year 3

40.2 est.

01/01/2023 through 12/31/2023

TOTAL BID ITEM 1 $_________

OFFEROR NAME ___________________________________________________

OFFEROR DUNS NUMBER ___________________________________________

OFFEROR PHONE NUMBER__________________________________________

OFFEROR EMAIL ADDRESS _________________________________________

QUOTER’S NOTES:

1. Miles given in estimated quantity are total miles that will be maintained in the contract period. The quantities shown are for evaluation purposes only. The actual quantities of work performed may vary from amounts stated as fences are removed and new ones built. The per-mile cost will only be paid for miles actually maintained. See 130 – Variation in Estimated Quantity (located under specifications) for variation of quantity and pricing.

2. This is a Performance Based Service Contract. Please note Government Inspections & Payment Deductions on Page 26.

3. Contractor must be registered in https://beta.sam.gov/ to be considered. THIS IS A FREE REGISTRATION.

5. Contractors not familiar with this type of fencing are encouraged to visit some fences in the bid item. All fences were last maintained on 12/2019. ATV’s (vehicle travel) are prohibited for viewing fences for bidding purposes. See Exhibit E for fences in each bid item that are accessible on roads open to the public.

6. There is no “Show-me” trip scheduled for this project, prospective bidders are strongly encouraged to view the sites themselves to make their own estimate on the amount of work needed to repair and maintain the fences listed on the contract. The current condition of the fences will need to be factored into the total bid price along with subsequent work needed to maintain a 7 foot high intact fence until the contract termination date.

Additional technical information or assistance with locating the specific project areas may be obtained by contacting Kevin Wiltsie at the Bradford Ranger District Office, Bradford, PA. Office hours 8:00-4:00 Monday – Friday. Office phone number: 814-363-6042.

It is estimated that work shall start April 1, 2020 and end December 31, 2020. Option year(s), if exercised, will encompass the time period of January 1 thru December 31 for their respective year.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

WOVEN WIRE FENCE MAINTENANCE

BRADFORD RANGER DISTRICT

DIVISION 100 - GENERAL SPECIFICATIONS

100 - Scope of Contract

This contract calls for the repair and maintenance of 8 foot woven wire fences (7 foot high with 1 foot overlap on the ground) in wooded areas on the Bradford Ranger District of the Allegheny National Forest. The contractor is responsible for furnishing all supervision, labor, equipment, tools, materials, and incidentals necessary to complete the work during all seasons of the year (except as noted in 170 - Government Furnished Property).

120 - Location

121 – All fences are located on the Bradford Ranger District of the Allegheny National Forest. The district currently consists of approximately 36 fences. These fences are generally south of the New York State line, north of Route 666 and bordered by the Allegheny River to the west and US 219 to the east. See vicinity maps for approximate locations of these fences. Quantities may vary over the option years as fences are constructed and tore down.

130 – Variation in Estimated Quantity

Miles of fence to maintain are estimated and are subject to change as a result of newly constructed fences and fences that are removed when no longer needed. The contract price will be adjusted at the unit price contained in the schedule of items for changes +/-15 % the estimated quantity. At the end of the year, if the cumulative fence mileage adjustment exceeds +/- 15%, based on the originally awarded fence mileage, a price adjustment will be negotiated.

140 - Description of Project

Fences are 8 foot woven wire (7 foot high with 1 foot overlap on the ground) in wooded areas. When built, the fences generally had a 6 foot cleared area around the perimeter. Some areas are extremely rocky to the point where foot and All-Terrain Vehicle (ATV) travel maybe limited. Some fences have small streams that flow under the fence and create special maintenance problems following periods of high water flow. Pipelines, private property lines, roads used by oil well operators and other improvements, timber harvest activities and physical features must be taken into account when considering the difficulty of maintaining the fences.

150 – Contractor Representative

Before work starts, the Contractor shall designate a person knowledgeable of contract requirements to act for him in his absence. The contractor or authorized representative shall be at the job site whenever work is in progress. In the absence of the Contractor, the authorized representative may receive instructions from the Contracting Officer Representative (COR).

160 - Protection of Existing Structures

The Contractor shall be required to protect existing improvements such as pipelines, power lines, buildings, gates, etc., which are located in and adjacent to the project area. The Contractor shall be required to repair or replace such improvements if damaged as a result of their operations.

170 - Government Furnished Property

171 - The Forest Service shall furnish segments of woven wire fence and 8' steel post to maintain the fence. Contractor shall be required to pick up material at the Bradford Ranger District Administrative Site, located at the intersection of SR 59 and SR 321(S) southwest of Bradford, PA, Monday - Friday, 7:00 am to 3:30 pm. The Contractor will call ahead the day before material is needed.

172 - Copies of the maintenance form, Exhibit D, will be given to the Contractor at the pre-work meeting.

173 - Since some areas are behind locked gates, the contractor may sign out a key at the Bradford District Office. The contractor will be required to turn in the key at the end of the contract period before billing the final invoice. Payment will not be approved by the Contracting Officer until the key is returned.

174 - Marking ribbon will be supplied to the Contractor to be placed on fences during maintenance rounds.

175 - Location Maps, will be given to the contractor at the prework meeting and are available with this solicitation package.

180 - Contractor Furnished Property

Contractor will furnish all tools needed to complete the maintenance which includes: ATV, hog rings or ring fasteners, fence staples (1 1/4 " galvanized), wire (16 gauge or larger, galvanized or stainless steel), nails, wire twisting tool, crimping tools and sleeves, chain grab wire stretcher or other wire stretching tool, wire cutters, post driver, chain saw etc. No aluminum hog rings or wire are allowed to be used.

DIVISION 200 - TECHNICAL SPECIFICATIONS

211 – Maintenance Schedule

Fences will receive 9 maintenance rounds in the base year of the contract. One round a month in the months of April, May, June, July, August, September, October, November, and December. There must be at least 20 days, but no more than 40 days between the maintenance of an individual fence. The entire perimeter of the fence will be traveled and maintenance will be performed as damage is encountered.

Fences will receive 12 maintenance rounds in all additional option years of the contract. One round a month for all option years beyond the base year. There must be at least 20 days, but no more than 40 days between the maintenance of an individual fence. The entire perimeter of the fence will be traveled and maintenance will be performed as damage is encountered.

212 – Maintenance Forms

Contractor shall complete a maintenance form for each fence and deliver it to the Bradford District Ranger Station within one week of the date the fence was inspected and maintained. Forms must be signed and dated for the date the maintenance occurred.

213 - Deer

If any deer are observed inside the fence it must be noted on the maintenance form. The Forest Service is responsible for the removal of the deer.

214 - Vehicle Operation

ATV's (All-Terrain Vehicles) may be operated around the perimeter of most fences to accomplish maintenance only. The fence trails on these fences were built for ATV use and not the wider wheel base of some UTV‘s (Utility Terrain Vehicles (i.e. side by side machines)). The Contractor will not drive around road gates, but open them for drive through access. No "joyriding" is permitted. The operator is subject to fines if found using ATV's in manners other than for the purpose of performance of this contract. A few places are too wet to operate an ATV, and will be pointed out by the Forest Service. If at any time the Forest Service inspections indicate that soil damage is occurring due to use of ATV's, such use will be suspended or the damage repaired by the contractor at his expense to the point that ATV use may be continued. The Government requires use of helmets when riding ATV’s or UTV’s. The non - use of helmets may result not only in contract non-compliance but in a violation of federal code and subject the Contractor to fines.

215 – Fence Maintenance

216. If damage is encountered, then the contractor shall perform maintenance. It is anticipated that some maintenance will be required for every fence.

217. Examples of damage to be repaired consist of two categories listed below:

Minor Damage:

· The top and bottom sections of the fence have separated from each other.

· The bottom edge of the fence has sprung loose from the ground.

· The fence has come loose from 2x4 boards or steel posts and require fastening.

· The fence is drooping and needs propped up to a minimum 7’ height.

· Removal of limbs or brush which are resting against or on the fence.

Major Damage:

· Large holes that will require splicing in new fencing to repair.

· Sections of fencing that have been knocked to the ground due to falling trees/debris.

· Original fence supports failing which will require the setting of a new post.

· Closing up fencing following forestry related activities that require the fence to be cut.

· Repair of any vehicle, or man gate.

· Wires have been severed either by animal damage or vandalism.

· **If vandalism is encountered the COR must be notified immediately. The vandalism repair work shall be completed by the contractor unless deemed excessive by the COR.

Logging Damage:

· All fences shall be walked by the Forest Service prior to logging activity beginning on a unit. Existing damage will be documented by the Forest Service and relayed to the fence maintenance contractor.

· The Forest Service shall require timber purchasers to repair any damage caused by logging operations; however, in a case where the fault of damage is difficult to prove the repair shall be made by the fence maintenance contractor under this contract.

218 –Damage Thresholds

Minor Damage:

For damage less than 200 continuous feet or 500 intermittent feet of fence, the Contractor shall repair the damage in that maintenance round.

Major Damage:

For damage less than 100 continuous feet or 200 intermittent feet of fence, the Contractor shall repair the damage in that maintenance round.

219 – Actions to be performed if Damage Thresholds are Exceeded.

Minor Damage:

For occurrences of minor damage greater than 200 continuous feet or 500 intermittent feet. The contractor must report the total damage on the maintenance form. The contractor must then make repairs to at least 200 continuous feet of damage, or 500 feet of intermittent damage in that maintenance round. The contractor shall continue to repair the fence every subsequent maintenance round until the fence is completely repaired and under normal maintenance standards.

Major Damage:

For occurrences of major damage greater than 100 continuous feet or 200 intermittent feet. The contractor must report the total damage on the maintenance form. The contractor must then make repairs to at least 100 continuous feet of damage, or 200 feet of intermittent damage in that maintenance round. The contractor shall continue to repair the fence every subsequent maintenance round until the fence is completely repaired and under normal maintenance standards.

Catastrophic Damage:

In occurrences of catastrophic damage, such as a wind event where damage exceeds those mentioned in Section 218, the contractor must notify the COR. The COR will make the determination of whether to remove the fence from the maintenance contract, or allow work to be performed under the specifications outlined in Section 219.

220 - Access

Fences have person and vehicle gates for access inside the fence. Contractor is responsible for maintaining these access structures. They must swing free and the posts must be tight in the ground. See Exhibit C for examples. Gates should always be in the closed position unless the contractor is notified by the Forest Service COR that they should remain open.

221 - Tree Removal /Tree Felling

The contractor shall cut and remove any tree that has fallen onto or against the fence. This includes branches and treetops that have fallen on or against the fence. In addition, the Forest Service may identify on its own hazard trees to be felled by the Contractor. All tops, branches etc. will be pulled to the far side of the maintenance trail and not be left lying on the fence or in the maintenance trail.

Hazard trees are dead or dying trees, split trees, heavily leaning trees, or root sprung trees which are in a position to fall across the fence. The Forest Service inspector may flag trees which are to be felled. The contractor is to cut any tree that has fallen onto the fence without waiting to have the Forest Service flag it. In the case of merchantable trees, the Forest Service reserves the right to sell the trees. They will be cut to preserve the value of the saw logs.

222 - Fence Stretching

Damaged areas of fence shall be pulled back to a tight condition that would resemble newly constructed fence. The Contractor will use a wire-stretching tool to achieve this. Fencing cannot be pulled to a new tight condition just by hand. Loose fence will tightened and be stapled to a 2x4 or rewired to a steel post. All top line wires that are found severed will be stretched back tight with a wire stretching tool and spliced with a crimping sleeve.

223 – Stapling

Any stapling must be into a 2x4 board which is placed between the tree and the fence. There will be no staples driven into trees for any reason (unless the tree is dead). Where the fence has been damaged, it may be necessary to place a new 2x4 for tree protection, two nails, one at stump height and one near the top of the 2x4 will be used to secure the 2x4 to the tree.

224 – Poles and Posts

The contractor is expected to have steel posts available at the time of the maintenance. Where no trees or steel posts exist within 30' of the damage, a new steel post will be placed. Metal posts will be used to support sections of fence crushed by falling trees or where original support trees have fallen over or where the fence has come loose because no support exists for 30'. Poles, if needed for temporary support, may be cut from native material from the site and shall be used on the inside and outside of the fence at the point of support. The use of cut poles is intended for temporary propping up damaged sections of fence. Poles cut from native material may remain only for one month. With the next round they will be removed and the fence tighten to an existing tree or newly placed steel post. Poles, posts or temporary prop poles shall achieve a fence height of at least 7 feet.

225 - Securing the Fence Bottom

The fence must be repaired so that deer will be unable to crawl under the fence. This requires leaving a one foot overlap on the ground to the outside of the fence which is anchored to the ground with stakes or pins, stapled to sound wood, or held in place by large rocks every 10'. Gaps between the ground and fence over 3 inches high and 6 inches long will be filled in with pieces of sound wood stapled to the fence bottom, or attached pieces of fence wire, or rocks. Many fences have rotten wood securing the bottom and will have to be replaced with sound wood if the bottom has sprung up. Where the fence crosses a stream channel, an additional piece of fence may be needed to extend the fence to the bottom of the channel for securing.

226 - Woven Wire Fencing

All holes greater than 1' x 1' will be patched with wire and/ or woven wire fencing. All holes greater than 2' x 2' will be patched with woven wire fencing. The top and bottom rolls of fence will be secured by hog rings, 16 gauge or larger galvanized or stainless steel wire, or by twisting the top and bottom wires together every 10 feet.

227 - Fence Maintenance Trail

Contractor will use existing maintenance trails around the edge of the fence. Some of these maintenance trails have grown in with saplings and may not be navigable by ATV. The contractor has the option to open the trails to a width of 5 feet, or continue maintenance on foot. Newer fences will have a groomed maintenance trails around the outside. If trees, tree tops, or large branches fall and block these newer cleared trails, they will be removed and the trail reopened to a width of 5'. Contractor will not create new trails, unless they receive approval from the Forest Service COR.

228 - Clean Up

The Contractor shall remove all trash and debris generated in performance of this contract. This includes old flagging, lunch wrappers, discarded soft drink containers, empty cigarette packages and other debris left by the contractor's employees.

230 – Payment

231 - Partial payment for maintenance rounds will be made monthly when all maintenance is complete and the Forest Service receives the maintenance forms. The form must be filled out for each fence and delivered to the Bradford District Ranger Station within one week of the date the fence was maintained. Forms must be signed and dated for the date the maintenance occurred. Allow the Forest Service approximately 10 working days to confirm the work has been performed.

Payment, in arrears, will be made in accordance with Prompt Payment Act, upon receipt of properly completed invoice entered into the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform.

240 – Flagging

241 - The contractor shall tie strips of plastic ribbon to each fence at 4 approximately equally spaced points around the perimeter and on any repaired sections of fence. This flagging will be used by the Forest Service to verify that the maintenance was completed. The following colors of plastic flagging will be used:

242 - The contractor is required to remove the old flagging when placing the next month’s flagging. All old flagging must be disposed of properly off site. Payments will not be made for maintenance round when the color of ribbon on the fence does not match the color of the month and as indicated on the maintenance form turned in by the contractor. The first maintenance round will start until April of the base year and then January for the option years.

250 - Start - Completion Dates

All Bid Items may be started following contract award. The contractor is required to schedule and complete the first rotation or round of all fences for which he/she is responsible within 30 days of contract award.

260 – Responsibility for Safety

It is the Contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area of work and the contractor should contact the COR. Work on other areas of the contract that the contractor does not view as unsafe should continue.

It is also mandatory that the successful contractor utilize appropriate personal protective safety equipment/clothing. For all chain saw operations this includes but it not limited to, hand, foot, leg, eye, face, hearing and head protection (OSHA 29 CFR 1910.266(d) while working on the project. Helmets for ATV/UTV use are required as per 36 CFR 261.15(i).

270- Equipment cleaning

All equipment should be free of soil and/or loose debris such as seeds, grasses, etc. before bringing equipment onto Forest Service ground from other areas of ownership.

CONTRACT CLAUSES

FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.212-4 Contract Terms and Conditions – Commercial Items (Deviation 2017-1) (OCT 2018)

(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) (OCT 2019)

(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 89(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) (31 U.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:

[Contracting Officer check as appropriate.]

__ (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.)

__(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 2018) (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).

__ (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 (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.

__ (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 (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)).

__ (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 (Oct 2019) (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).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2019) (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).

__ (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).

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

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

_X_ (33)(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).

__ (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 (Oct 2018) (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)(13)).

__ (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.]

_X_ (1) 52.222-17, Non-displacement 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).

__ (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).

(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 (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.

(v) 52.222-17, Non-displacement 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 (Jan 2019) (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.

FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from _04/01/2020___ through _12/31/2023____.

(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.

FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$2,500____, 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 _$500,000___;

(2) Any order for a combination of items in excess of __$1,000,000__; 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 _10____ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 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 ___12/31/2023_.

52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Teri Sabin

Chief, Procurement Policy Branch

318-625-7501

Teri.sabin@usda.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

FAR 52.217-8…