RFQ_Tychest_Chemical_Site_Prep.docm

Solicitation: 12343418Q0017

Project Name: Tychest II Chemical Site Prep Unit: Monongahela National Forest

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

906329

DATE

12343418Q0017

DATE

04/25/2018

James Palmer, COR calls) 304-635-4429

304-478-2000 x 123

LOCAL TIME

05/24/2018

INFORMATION CALL:

4:30 p.m.

9. ISSUED BY CODE

10. THIS ACQUISITON IS |_| UNRESTRICTED OR X SET ASIDE: __100_% FOR

USDA – Forest Service Monongahela National Forest

X SMALL BUSINESS |_| WOMEN-OWNED SMALL BUSINESS (WOSB)

|_| HUBZONE SMALL

200 Sycamore St.

Elkins, WV 26241

BUSINESS

|_| EDWOSB NAICS: 115310

|_| SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD: $7.5 mil.

SMALL BUSINESS |_| 8(A)

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

Contractor: _____________________________ Address: _____________________________ DUNS Number. ______________________________

18a. PAYMENT WILL BE MADE BY CODE

Invoice Processing Platform (IPP)

All invoices must be submitted electronically through the Invoice Processing Platform (IPP) via www.ipp.gov.

TELEPHONE : _________________________________

|_| SEE ADDENDUM

TYCHEST II CHEMICAL SITE PREP, NORTH ZONE GREENBRIER RANGER DISTRICT - MONONGAHELA NATIONAL FOREST Provide all materials, labor, equipment and supervision to perform chemical site prep services as per the attached specifications and conditions. Location is Monongahela National Forest, Greenbrier Ranger District, Randolph County, West Virginia.

Units 1, 2, 3, 4, 5, 6, and 7.

(Use Reverse and/or Attach Additional Sheets as Necessary)

ACRES

TOTAL

25. ACCOUNTING AND APPROPRIATION DATA

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Pre-Quote Project Showing May 9, 2018 at 10:00 AM AM beginning at the Greenbrier Ranger District Office, 1627 Staunton-Parkersburg Turnpike, Bartow, WV.

100% Set-Aside for Small Business Contractors must be registered in System for Award Management (SAM) before award of a purchase order can be made. (www.sam.gov)

Block 27: The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov/far

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

PARTIAL FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 2/2012)

Project Name: Tychest II Chemical Site Prep Unit: Monongahela National Forest

CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals.

2. CONTRACTOR INFORMATION:

3. GOVERNMENT: Completed packages should be received by close of business on May 24, 2018 at the address shown below. Please complete and return pages 1-4, page 31 if SAM registration is current, pages 31-47 if SAM is not currently active (www.sam.gov) and pages 48-50. Please send electronic quotes to Sharon Helms at shelms@fs.fed.us. showing the Sol. # 12343418Q0017 on the subject line.

4. PRE-QUOTE SHOWING: A Pre-quote project showing will be held May 9, 2018 at 10:00 AM beginning at the Greenbrier District Ranger Station, 7409 Staunton-Parkersburg Turnpike, Bartow, WV 24920. Interested parties are urged and expected to inspect the site where services are to be performed regarding the general and local conditions that may affect the cost of the contract performance. In no event shall failure to inspect the site constitute grounds for a claim after contract award. For more information, please contact James Palmer at 304-478-2000, ext. 123.

5. INVOICES: The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov. Your company must register at https://www.ipp.gov to establish an account in order to submit an invoice on this project.

6. SYSTEM FOR AWARD MANAGEMENT (SAM): Contractors must register in the System for Award Management (SAM) database (www.sam.gov) before being considered for award of this project. Registration in that database is free of charge.

7. CONTRACT TIME: The contractor will have until November 1, 2019 to complete all items.

9. SERVICE CONTRACT ACT WAGE RATES APPLY TO THIS CONTRACT: Wage Determination WD 1981-1254 (Rev. 46) dated 04/09/2018 is provided at the end of this solicitation and should be considered when you complete your quotation.

10. PROJECT LOCATION: From the Greenbrier Ranger District Office at 7409 Staunton-Parkersburg Turnpike, Bartow, WV, take Route 250 north toward Elkins for approximately 15 miles. Turn right onto Forest Road 1560, drive back this gated road 3.9 miles and Unit 1 is West of FR 1560. Units 2, 3, 4, 5 and 6 are East of FR 1560 and are accessed by either parking along FR 1560 or using FR 92 and accessing from FR 92A. Unit 7 can be accessed either by using access road FR 1560 or using FR 92A.

11. FAILURE TO PERFORM: In the event work is performed unsatisfactorily, the contractor will be requested to correct the deficiencies. If the work remains deficient or if the contractor fails to perform any duties specified in the statement of work, the Contracting Officer may have the work accomplished by other means and deduct the cost thereof from the payment .

DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

DIVISION 100 – GENERAL SPECIFICATIONS

110 - Scope of Contract. Contractor shall furnish all labor, materials, equipment, tools, transportation, supervision, supplies, and perform all work required for chemical site preparation for natural regeneration by:

· Hand application of herbicide to black birch, striped maples, Fraser magnolia, red maple, sugar maple, black gum, witch-hazel, mountain holly, sassafras, and American beech in accordance with the specifications and provisions of the contract.

The Government will furnish no materials, labor, or equipment unless specifically identified in the Government-furnished property clause (See Section 140 below).

120 – Description and Location. The areas to be treated are within the boundaries of the Monongahela National Forest, Greenbrier Ranger District, in Randolph County, West Virginia. (See attached maps). Units range in size from 15 to 123 acres.

121 - The general location of and access to each area will be shown on a project area map of each area. These maps will be provided at the pre-work conference.

130 – Contractor Furnished Property, Services, Responsibilities and Obligations. The contractor shall furnish all equipment (except for that listed as Government Furnished Property), labor, materials, transportation, supervision, and incidentals necessary to apply herbicide in accordance with this contract.

131 – Project Supervisor – The Contractor shall designate in writing one person on the job to act as the Project Supervisor, representing the company in all contractual matters that require prompt attention. This person should be familiar with all equipment being used and shall attend any pre-work meetings.

132 – Certification – The contractor shall have a representative who holds a current pesticide use applicator license in the State of West Virginia to supervise the project.

133- Certification – The contractor shall have a current commercial pesticide applicators license for the state of West Virginia to supervise the project.

134 – Records - The Contractor shall maintain an accurate record of the herbicide used on each unit. After completing the contract the Contractor’s Project Supervisor will submit the records with the information to the COR.

140 – Government Furnished Property. None

DIVISION 200 – TECHNICAL SPECIFICATIONS

210 – Hand Application Instructions.

Cut-surface: Arsenal herbicide (Manufactured by/BASF EPA No. 241-346) or equivalent shall be applied in accordance with labeling and the following instructions:

1. The Contractor shall use the cut surface method to treat all striped maple, black birch, Fraser magnolia, red maple sugar maple, witch-hazel, mountain holly, blackgum, sassafras, and American beech between 1 and 8 inches in diameter measured four and one half (4 ½) feet above ground level by spraying the stem frill cuts or the cut stumps with herbicide.

1. Approximately 1 milliliter of imazapyr herbicide diluted 6% with water shall be applied in each frill cut in the stem of the tree. Cuts shall form a continuous circle around the tree below all branches. For stems that have been completely severed, the entire cut surface of the stump will be treated. Stems 0.5 in. to 1.0 in. in dbh will be completely severed within 3.0 ft of the ground and the cut stubs sprayed with the same concentration of herbicide used for the injection treatment.

1. Apply the herbicide within 1 hour after the stems have been cut.

1. The stem injection treatment will be applied to all treated stems >1.0 dbh to 8.0 dbh between June 1 and November 1.

1. The contractor shall thoroughly agitate the herbicide before applying.

220 - Application. Forest Service personnel have marked spray area boundaries with orange paint.

1. Before beginning treatment in an area, the COR or designated inspector and the Contractor’s representative will walk through the area to review special conditions or area to avoid during spraying.

1. Application of spray material shall be confined to the designated spray area. Buffer areas or places where spraying is not permitted will be identified by the COR or inspector prior to beginning a unit. The boundaries of these buffer areas may or may not have been painted or flagged. Required buffer distances for water quality are as follows:

1. 100 feet wide along each side of perennial streams, impoundments, or intermittent streams flowing water the day of spraying.

1. 50 feet wide along each side of dry intermittent stream channels and spring seeps.

1. 25 feet wide along each side of ephemeral stream channels and around wet areas having no defined outlet.

230 – Safety. The Contractor or his Project Supervisor shall report all accidents or incidents associated with this contract to the Contracting Officer within 24 hours. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

Accidents, as used throughout this contract shall mean destruction or substantial damage to any motorized vehicle, and minor, serious, or fatal injury to personnel.

Incidents, as used throughout this contract shall mean any mishap, malfunction, or situation involving equipment or personnel, which results in a deviation from standard procedures or has the potential of resulting in an accident, injury, or death.

The Contractor shall comply with all Federal and State regulations for spraying herbicide.

The following safety rules will apply for both hand and mechanical applications:

1. Read the safety information on the label.

1. Wear the proper protective clothing.

1. Keep first aid equipment and a supply of clean water readily available, including soap and eye wash equipment meeting OSHA regulations.

1. Do not work alone.

1. Haul only the needed amount of herbicide

1. Stand upwind from the spray projects to avoid contaminating yourself.

1. Keep the container below eye level when pouring to avoid splashing or spilling any herbicide on the face or into the eyes.

1. If herbicides are spilled, stop immediately, wash contaminated area, and remove contaminated clothing.

1. Wash hands after applying herbicides before eating or smoking.

240 – Care and Handling of Herbicide. The Contractor shall be responsible for the security of all herbicide, equipment, and materials furnished for this project. The Contractor shall protect the herbicide and take precautions to prevent loss or theft while it is in his custody. These measures shall include, but are not limited to the following:

1. The herbicide shall not be allowed to freeze.

1. Containers shall not be damaged to the extent that herbicide leaks are likely to occur.

1. The Contractor shall take precautions to prevent spills during transportation, mixing, and handling.

Personnel handling herbicides shall wear protective clothing and or equipment as recommended by the herbicide manufacturer. The contractor will provide soap and water for personnel to wash with on the job site.

Herbicides shall not be applied or equipment cleaned outside of areas designated by COR.

Sites selected for mixing, loading, and cleaning of equipment shall be located to prevent contaminating streams, ponds, or spring seeps. The Forest Service will approve all such locations.

241 - Transportation of Herbicides. – Contractor is legally responsible for the safe transportation of herbicides. Contractor shall follow travel routes designated by the COR when transporting herbicides from the public road system to the treatment sites. Transport vehicles shall be parked inside the treatment site in an area designated by the COR. Transportation of chemicals used on this contract shall be in accordance with label instructions and generally approved and accepted procedures for safe transportation of herbicides. The following precautions as a minimum shall be taken by the Contractor to prevent spills, accidents, injury, or theft.

1. Transport herbicides in the cargo compartment of a truck or other vehicle away from the passenger compartment.

1. No personnel shall be permitted to ride in the back of a vehicle with the herbicide.

1. Herbicide shall not be transported in the same compartment with food or clothing.

1. If any herbicide is spilled in or from the vehicle, it shall be cleaned up at once.

1. Maintain herbicides in secure conditions.

242 - Herbicide Spills. Contractor shall be responsible for all costs for damages, clean up and decontamination should an herbicide spill occur. If a spill occurs, every effort shall be made to keep it from contaminating water and other off-site areas. The spill shall be cleaned up as quickly as possible. Herbicide spills shall be handled in accordance with the standard procedures for spill clean up (40 CFR 117).

The Contractor must have a spill prevention and clean-up plan approved by the COR prior to starting work. Herbicide wasted through spills greater than 5 gallons of diluted product, or 1 quart of undiluted product must be reported to the COR and the appropriate state and federal agencies immediately. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

243 – Storage and Security – The Contractor shall be responsible for the storage and security of all government supplied materials furnished for this project when transporting and using the materials.

244 - Disposal of Herbicide Containers. All empty containers will be rinsed 3 times, and rinse solution will be applied to the treatment site. Empty containers will be punctured and disposed of properly (according to label directions) by the Contractor. No empty containers will be left at the worksite.

250 – Resource Protection. Upon completion of work at each area and prior to moving to the next area, all trash, rubbish, and debris generated by the Contractor’s operations shall be removed from National Forest land and properly disposed of.

260 – Protection of Improvements. The Contractor shall take every precaution necessary to prevent damage to any improvement in or near the contract areas, i.e., roads, trails, ditches, fences, etc. The Contractor shall be liable for any damages caused by his operations and shall make repairs promptly.

DIVISION 300 – INSPECTION AND ACCEPTANCE

310 – Inspection Procedures. Inspections of the work performed under this contract will be made as the work progresses by the Contracting Officer’s Representative (COR) or the designated Inspector. Inspection will be at intervals necessary to insure compliance with the contract.

320 – Satisfactory Treatment. It is inherent that some trees will be improperly treated and some degree of allowance should be made for improper treatment when the area is otherwise considered satisfactory. Therefore, an allowance will be made for acceptance of an area as satisfactorily treated if at least 95% of the designated trees or unit area has been treated in accordance with the contract specifications.

DIVISION 400 – MEASUREMENT AND PAYMENT

410 – Method of Measurement. Acreage listed in the bid schedule was determined by GPS for this contract is considered actual acreage.

The acreages shown in the Schedule of Items have not been reduced to account for inclusions of 1 acre or less which are unsuitable for spraying due to standing water or buffer strips (described in section 220 (c) above). Though some of these inclusions exist within the project areas, no reduction will be made in the contract payment to account for them. All areas within units will be treated except for inclusions of 1 acre or less.

If the contractor requests a re-measurement of any unit and the results of the re-measurement show that the acreage is more than 15% different from original measurement, the Government will pay at the unit price for the number of acres shown on the re-measurement and the cost of the re-measurement itself. If, however, the re-measurement shows the acreage to be within the 15% allowable variation, payment will be for the original acreage for that unit and the contractor will pay for the cost of the re-measurement. The Forest Service will determine the method of re-measurement. The Forest Service will perform all re-measurements.

420 – Basis of Payment. Payment will be made at the unit bid price for the total number of acres satisfactorily completed and accepted.

CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (Nov 1996)

A post award conference with successful bidder is required. It will be scheduled after the date of contract award and prior to beginning work on the contract. The conference will be held at:

USDA Forest Service Monongahela National Forest Greenbrier Ranger District 7409 Staunton-Parkersburg Turnpike Bartow, W.V. 24920

CONTRACT CLAUSES

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

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

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

__(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).

__ (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 (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).

_X_ (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

__ (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 (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).

__ (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 (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).

__ (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.

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

__ (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 (OCT 2016) (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 (May 2014) (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) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (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) 52.219-8, 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.

(iv) 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.

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

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

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

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

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

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiii) 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).

(xiv) 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).

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

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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

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

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

(xix) 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).

(xx) 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.

(xxi) 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.

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

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

FAR 52.245-1 Government Property (JAN 2017) Alt 1 (APR 2012)

FAR 52.245-9 Use and Charges (APR 2012)

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. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Air craft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Alternate I (NOV 1996). As prescribed in 428.310, substitute the following paragraph (b), when additionally the contractor must have property damage liability coverage:

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of ____*___ per occurrence.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Supervisor, Licensed Operator.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the person being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Attachments:

C.1 Sustainable Acquisitions The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives); (applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

C1.1 Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

C1.1.1 Energy-efficient and Water-efficient Products ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html www.epa.gov/watersense Light Bulbs

C1.1.2 Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov

Glass Cleaner, Bathroom Cleaner, Toilet Bowl Cleaner, Liquid Hand Soap

C1.1.3 Environmentally Preferable Products:

www.epa.gov/epeat.

None

C1.1.4 Non-ozone Depleting Products:

http://www.epa.gov/snap

Aerosol solvents, cleaning solvents

C1.1.5 EPA Designated Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Commercial/industrial sanitary tissue products, paper, plastic trash bags Employment of Eligible Workers

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract.