12343421R0001.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 44

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1009563

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

12343421R0001

DATE

Oct 16, 2020

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION calls) LOCAL TIME INFORMATION CALL: Carrie Edwards; Contract Specialist 304-536-2144 x.104 Nov 16, 2020;

4:00PM

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA FOREST SERVICE

MONONGAHELA NATIONAL FOREST

UNRESTRICTED OR SET ASIDE: 100 % FOR

1079 MAIN STREET EAST

WHITE SULPHUR SPRINGS, WV 24986

SMALL BUSINESS Women Owned Small

BUSINESS (WOSB)

HUBZONE SMALL Economically Disadvantaged Women-Owned Small Business (EDWOSB)

SERVICE-DISABLED VETERAN- 8(A)

OWNED SMALL BUSINESS NAICS: 212312

Size Standard: 750 employees

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Same as Block 9

TELEPHONE N0.

EMAIL ADDRESS:

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

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

North Zone Aggregate Indefinite Delivery, Indefinite Quantity Forest Wide, Monongahela National Forest

CONTRACTOR QUALIFICATIONS:

Contractor must be registered in SAM;

registration may be completed on the Internet at www.sam.gov.

Registered in SAM? ____Yes ____No

DUNS No: ____________________________ (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ______1_________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

CARRIE L EDWARDS

31c. DATE SIGNED http://www.sam.gov/

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.2/2012) BACK

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

Solicitation No: 12343421R0001 Project Name: North Zone Aggregate

Continuation of SF1449 Block 27: The full text of a Federal Acquisition Regulation (FAR) or Department of Agriculture Acquisition Regulation (AGRA) clause or provision may be accessed electronically at http://www.acquisition.gov/far.

ADDITIONAL INFORMATION AND INSTRUCTIONS

1. This solicitation will result in the award of a firm, fixed-price, multiple-year, Indefinite-Delivery, Indefinite-Quantity (IDIQ) supply contract(s).

2. The Government may make multiple awards as a result of this solicitation.

3. Award will be made for the base period. If the Government exercises its option to renew, awards will be made for succeeding option years in accordance with FAR Clause 52.217-9, Option to Extend the Terms of the Contract and FAR Provision 52.217-5, Evaluation of Options.

4. A minimum of $2,500 is guaranteed in the base period only. The maximum value for the base period and all option periods combined (all contracts combined) is $1,000,000.00. The total of all contracts awarded as a result of this solicitation, when combined, shall not exceed $1,000,000.

5. All quantities are estimated quantities only and will be used for evaluation purposes. The estimates were obtained from records of previous requirements, projected need from work plans, or by other means, and are based on the most current information available. Actual quantities will be provided in each individual delivery order. Actual work ordered will be based on prices submitted and funds available at times of needs.

6. In order to make an offer for this requirement, you are required to complete and return the following:

SF-1449 – Pages 1 & 2 Schedule of Items – Pages 5-14 Section 6 - Representations and Certifications – Pages 39-42 Attachment #2 – Capability Statement Attachment #3 – Past Performance Questionnaire

Completed packages should be received by 4:00 p.m. EST, on November 16, 2020 at the following address:

USDA FOREST SERVICE

MONONGAHELA NATIONAL FOREST

ATTN: CARRIE EDWARDS, CO

1079 MAIN STREET EAST

WHITE SULPHUR SPRINGS, WV 24986

Email offers will also be accepted at carrie.edwards@usda.gov.

Offers or modifications of offers received at the address specified for the receipt of offers after the exact time specified for receipt of offers are late and will not be considered.

7. Contractor must, at its own expense, provide and maintain insurance coverage throughout the performance of this contract. See FAR Clause 52.228-5, Insurance – Work on a Government Installation and AGAR Clause 452-228-71, Insurance Coverage.

http://www.acquisition.gov/far mailto:carrie.edwards@usda.gov

8. All warranted Contracting Officers of the USDA Forest Service are authorized to place orders under this contract. The amount of any order shall not exceed the maximum order limitation shown elsewhere in this contract.

9. Delivery orders will be competed among all IDIQ contractors. Each order will list the tasks and the estimated quantities of those task that will be delivered under the order. Each order will be awarded based on best value, to include price, past performance (including performance on previous orders under this contract) and any other factors indicated on the delivery order. In submitting responses to task orders the unit prices cited in the IDIQ contract may not be exceeded, but may be reduced for the individual task order only. The Contracting Officer may determine to issue a task order without further competition in order to meet the contract minimum amount (base year only). Submittals for each order may include the following, if requested by the Forest Service:

a. Quality Control Plan – Demonstrate the ability to complete all tasks to the required

Performance Quality Standards and/or Acceptable Quality Levels

b. Inspection Records – At a minimum, provide a copy of material compliance certificates

(aggregate stone, riprap, etc) if requested by the Forest Service

10. Payment will be made after inspection and acceptance by the COR. All payments by the Government to the Contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation.

11. 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/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

12. In accordance with the Prompt Payment Act, payment will be due 30 days after receipt of supplies/services or receipt of proper invoice whichever is later. To check on payments once a contract has been awarded, contact the Miscellaneous Payments Section of the National Finance Center at 1-800- 421-0323.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

SCHEDULE OF ITEMS

CHEAT RANGER DISTRICT

BASE YEAR: (Calendar Year 2021)

Contract Item Description

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, shot rock in accordance with all Contract and Task Order specifications

C0001 Class 1 Aggregate 20 Ton $ $

C0002 Class 2 Aggregate 2,000 Ton $ $

C0003 AASHTO #1 Aggregate 20 Ton $ $

C0004 AASHTO #3 Aggregate 20 Ton $ $

C0005 AASHTO #57 Aggregate 20 Ton $ $

C0006 AASHTO #67 Aggregate 20 Ton $ $

C0007 AASHTO #8 Aggregate 20 Ton $ $

C0008 AASHTO #10 Aggregate 20 Ton $ $

C0009 Gabion stone 20 Ton $ $

C0010 Riprap 20 Ton $ $

C0011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR CHEAT

RANGER DISTRICT FOR BASE YEAR $

GREENBRIER RANGER DISTRICT

BASE YEAR: (Calendar Year 2021)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, shot rock in accordance with all Contract and Task Order

G0001 Class 1 Aggregate 20 Ton $ $

G0002 Class 2 Aggregate 2,000 Ton $ $

G0003 AASHTO #1 Aggregate 20 Ton $ $

G0004 AASHTO #3 Aggregate 20 Ton $ $

G0005 AASHTO #57 Aggregate 20 Ton $ $

G0006 AASHTO #67 Aggregate 20 Ton $ $

G0007 AASHTO #8 Aggregate 20 Ton $ $

G0008 AASHTO #10 Aggregate 20 Ton $ $

G0009 Gabion stone 20 Ton $ $

G0010 Riprap 20 Ton $ $

G0011 Shot Rock 20 Ton $ $ TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR GREENBRIER

RANGER DISTRICT FOR BASE YEAR $

OPTION YEAR 1: (Calendar Year 2022)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, and shot rock in accordance with all Contract and Task Order

C1001 Class 1 Aggregate 20 Ton $ $

C1002 Class 2 Aggregate 2,000 Ton $ $

C1003 AASHTO #1 Aggregate 20 Ton $ $

C1004 AASHTO #3 Aggregate 20 Ton $ $

C1005 AASHTO #57 Aggregate 20 Ton $ $

C1006 AASHTO #67 Aggregate 20 Ton $ $

C1007 AASHTO #8 Aggregate 20 Ton $ $

C1008 AASHTO #10 Aggregate 20 Ton $ $

C1009 Gabion stone 20 Ton $ $

C1010 Riprap 20 Ton $ $

C1011 Shot Rock 20 Ton $ $ TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR CHEAT RANGER

DISTRICT FOR OPTION YEAR 1 $

OPTION YEAR 1: (Calendar Year 2022)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, and

G1001 Class 1 Aggregate 20 Ton $ $

G1002 Class 2 Aggregate 2,000 Ton $ $

G1003 AASHTO #1 Aggregate 20 Ton $ $

G1004 AASHTO #3 Aggregate 20 Ton $ $

G1005 AASHTO #57 Aggregate 20 Ton $ $

G1006 AASHTO #67 Aggregate 20 Ton $ $

G1007 AASHTO #8 Aggregate 20 Ton $ $

G1008 AASHTO #10 Aggregate 20 Ton $ $

G1009 Gabion stone 20 Ton $ $

G1010 Riprap 20 Ton $ $

G1011 Shot Rock 20 Ton $ $

RANGER DISTRICT FOR OPTION YEAR 1 $

OPTION YEAR 2: (Calendar Year 2023)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, and

C2001 Class 1 Aggregate 20 Ton $ $

C2002 Class 2 Aggregate 2,000 Ton $ $

C2003 AASHTO #1 Aggregate 20 Ton $ $

C2004 AASHTO #3 Aggregate 20 Ton $ $

C2005 AASHTO #57 Aggregate 20 Ton $ $

C2006 AASHTO #67 Aggregate 20 Ton $ $

C2007 AASHTO #8 Aggregate 20 Ton $ $

C2008 AASHTO #10 Aggregate 20 Ton $ $

C2009 Gabion stone 20 Ton $ $

C2010 Riprap 20 Ton $ $

C2011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR CHEAT

RANGER DISTRICT FOR OPTION YEAR 2 $

OPTION YEAR 2: (Calendar Year 2023)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, and

G2001 Class 1 Aggregate 20 Ton $ $

G2002 Class 2 Aggregate 2,000 Ton $ $

G2003 AASHTO #1 Aggregate 20 Ton $ $

G2004 AASHTO #3 Aggregate 20 Ton $ $

G2005 AASHTO #57 Aggregate 20 Ton $ $

G2006 AASHTO #67 Aggregate 20 Ton $ $

G2007 AASHTO #8 Aggregate 20 Ton $ $

G2008 AASHTO #10 Aggregate 20 Ton $ $

G2009 Gabion stone 20 Ton $ $

G2010 Riprap 20 Ton $ $

G2011 Shot Rock 20 Ton $ $ TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR GREENBIER

RANGER DISTRICT FOR OPTION YEAR 2 $

OPTION YEAR 3: (Calendar Year 2024)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, and

C3001 Class 1 Aggregate 20 Ton $ $

C3002 Class 2 Aggregate 2,000 Ton $ $

C3003 AASHTO #1 Aggregate 20 Ton $ $

C3004 AASHTO #3 Aggregate 20 Ton $ $

C3005 AASHTO #57 Aggregate 20 Ton $ $

C3006 AASHTO #67 Aggregate 20 Ton $ $

C3007 AASHTO #8 Aggregate 20 Ton $ $

C3008 AASHTO #10 Aggregate 20 Ton $ $

C3009 Gabion stone 20 Ton $ $

C3010 Riprap 20 Ton $ $

C3011 Shot Rock 20 Ton $ $

DISTRICT FOR OPTION YEAR 3 $

OPTION YEAR 3: (Calendar Year 2024)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, and

G3001 Class 1 Aggregate 20 Ton $ $

G3002 Class 2 Aggregate 2,000 Ton $ $

G3003 AASHTO #1 Aggregate 20 Ton $ $

G3004 AASHTO #3 Aggregate 20 Ton $ $

G3005 AASHTO #57 Aggregate 20 Ton $ $

G3006 AASHTO #67 Aggregate 20 Ton $ $

G3007 AASHTO #8 Aggregate 20 Ton $ $

G3008 AASHTO #10 Aggregate 20 Ton $ $

G3009 Gabion stone 20 Ton $ $

G3010 Riprap 20 Ton $ $

G3011 Shot Rock 20 Ton $ $

RANGER DISTRICT FOR OPTION YEAR 3 $

OPTION YEAR 4: (Calendar Year 2025)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, and

C4001 Class 1 Aggregate 20 Ton $ $

C4002 Class 2 Aggregate 2,000 Ton $ $

C4003 AASHTO #1 Aggregate 20 Ton $ $

C4004 AASHTO #3 Aggregate 20 Ton $ $

C4005 AASHTO #57 Aggregate 20 Ton $ $

C4006 AASHTO #67 Aggregate 20 Ton $ $

C4007 AASHTO #8 Aggregate 20 Ton $ $

C4008 AASHTO #10 Aggregate 20 Ton $ $

C4009 Gabion stone 20 Ton $ $

C4010 Riprap 20 Ton $ $

C4011 Shot Rock 20 Ton $ $

DISTRICT FOR OPTION YEAR 4 $

OPTION YEAR 4: (Calendar Year 2025)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, and

G4001 Class 1 Aggregate 20 Ton $ $

G4002 Class 2 Aggregate 2,000 Ton $ $

G4003 AASHTO #1 Aggregate 20 Ton $ $

G4004 AASHTO #3 Aggregate 20 Ton $ $

G4005 AASHTO #57 Aggregate 20 Ton $ $

G4006 AASHTO #67 Aggregate 20 Ton $ $

G4007 AASHTO #8 Aggregate 20 Ton $ $

G4008 AASHTO #10 Aggregate 20 Ton $ $

G4009 Gabion stone 20 Ton $ $

G4010 Riprap 20 Ton $ $

G4011 Shot Rock 20 Ton $ $

RANGER DISTRICT FOR OPTION YEAR 4 $

SECTION 1 – PROJECT INFORMATION

DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

BACKGROUND:

The Monongahela National Forest has approximately 1,619 miles of single lane (including turnouts/turnarounds) aggregate, improved native, and native surfaced roads; 66 miles of two-lane aggregate, improved native, and native surfaced roads; 32 bridge structures; 108 gates; and 21 cattle guards. Typical roads contain an average of 25 culverts or drainage dips per mile, and approximately 4 signposts per mile. Typical roads also have at least one roadside ditch the full length of each mile of road. Most roads are located in forested areas with heavy vegetation beside and overhead of roads.

The Monongahela National Forest is located in the following counties: Barbour, Grant, Greenbrier, Nicholas, Pendleton, Pocahontas, Preston, Randolph, Tucker, and Webster. The Forest consists of two zones; the North Zone consists of the Cheat, Greenbrier, and Potomac Districts. The South Zone consists of the Gauley, Marlinton, and White Sulphur Districts.

SCOPE OF WORK:

The Forest Service (FS) has a requirement for a supply contract to provide for the purchase and delivery of various aggregates, stone, rip-rap and shot rock for the North Zone (Cheat and Greenbrier Districts) of the Monongahela National Forest. The FS anticipates award of an IDIQ (Indefinite Delivery, Indefinite Quantity) type, Firm-Fixed Priced Contract for the contract items described in the Schedule. Contractor shall provide all labor, materials, equipment, tools, supplies, transportation, and incidentals necessary to supply stone and aggregate to the FS at the locations and under the conditions specified in this contract for which the desired outcome is in strict accordance with the standards attached to each delivery order.

The terms “Contractor” and “Vendor” used in the specifications and Contract are interchangeable. Contractor shall mean Vendor and Vendor shall mean Contractor.

Quantities Quantities listed in the Schedule of Items are approximations only, based on estimates supplied by the FS. It is understood and agreed that the contract shall cover the quantities actually ordered for delivery during the term of the contract, whether more or less than the quantities shown.

Vendor shall have the capacity to deliver a minimum quantity of 300 tons per day to any designated site when directed by a delivery order.

http://fsweb.wo.fs.fed.us/hrm/classification/documents/AccretionQuestionnaireEmployee.docx?web=1

Prices The Contractor shall propose a price per ton for each item on the schedule. The price shall include material and haul costs to any location within the designated districts. There will be two separate schedules, one for each of the two Districts in the North Zone of the Monongahela National Forest. See attached map for district locations. Estimated annual quantities shown on the schedule are estimates and for information only. If the Vendor does not produce an item or produces an item by special order, this may be indicated on the Schedule.

In the event any Vendor does not wish to extend the prices, terms, and conditions of his proposal to all areas of the North Zone of the Monongahela National Forest, he must so indicate in a clear and unambiguous manner in his offer. This indication does not prejudice the award of the contract. If a Vendor does not indicate his refusal to extend the prices, terms, and conditions of his bid to areas of the North Zone of the Monongahela National Forest he is bound to extend them upon issuance of a delivery order.

Delivery Orders Performance of individual tasks will be accomplished by the issuance of delivery orders against the IDIQ contract. Delivery orders will be competed among all IDIQ contractors. Each order will list the task and the estimated quantities of those tasks that will be delivered under the order.

Each order will be awarded based on best value, to include price, past performance (including past performance on previous orders under this contract), and any other factors indicated on the delivery order. Submittals for each order may include the following, if requested by the Forest Service:

a. Quality Control Plan – Demonstrate the ability to complete all tasks to the required Performance Quality Standards and/or Acceptable Quality Levels.

b. Inspection Records – At a minimum, provide a copy of material compliance certificates (aggregate, stone, riprap, etc.) if requested by the Forest Service.

The awarded contract and delivery orders shall constitute the entire agreement including terms and conditions applicable to the contract.

Material Specifications The material specifications are designated by, but not limited to the following:

Material WVDOH Standard Spec Section Stone and Crushed Aggregate 704 Coarse Aggregate 703 Riprap 704.2 Shot Rock 704.8

Hauling Aggregate to FS Projects by Contractor The Contractor shall deposit aggregates at the project site at the locations and in a manner directed by the FS. This may include tailgating the aggregate into an aggregate spreader or onto a roadway, or dumping the aggregate into a stockpile.

Weighing of Materials Material delivered by truck shall be weighed in accordance with Section 401.9.3 of the West Virginia Department of Transportation, Division of Highways Standard Specifications, Roads and Bridges, adopted 2000, as amended by Supplemental Specifications. Moisture required for Stone and Crushed Aggregate shall be added after loaded trucks have been weighed.

Sampling and Testing Sampling and Testing for quality of all items furnished in this contract will be the responsibility of the Contractor. The FS retains the right to perform acceptance testing. The Vendor will be responsible for providing test results attesting to the gradation of materials delivered. Contractor is responsible for providing necessary sampling and testing for applicable sections shown in the West Virginia Department of Transportation, Division of Highways Standard Specifications, Roads and Bridges, adopted 2000, as amended by Supplemental Specifications.

Acceptance Plan Material failing to comply with the quality requirements will not be accepted.

Damages The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to road users. Whenever possible, the road shall remain passable to traffic while work is being performed. The Contractor shall be held liable for any damage caused by his personnel or equipment to any existing structures such as bridges, culverts, signs, guardrails, or any other Government infrastructure or property. Repair or replacement to these structures shall be at the Contractor’s expense. The Government shall not be liable to loss, damage, or destruction of equipment furnished by the Contractor.

Vendor’s Invoices Vendor’s invoices must be submitted in original and one copy and contain the following:

• All weigh ticket numbers for material delivered during the invoicing period.

• Name and address of the Contractor.

• Invoice date and invoice number.

• FS Contract/task order number.

• Taxpayer Identification Number (TIN).

• Description, quantity, unit of measure, unit price, and extended price (Total quantity invoiced shall be scale weights – supported by weigh tickets).

• Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

DEFINITIONS

1 IDIQ: Indefinite Delivery Indefinite Quantity-Type of contract for which specific delivery of the service and the exact quantities needed are not known at the time of award.

2 Task Order: Method by which the FS will order services and supplies necessary to perform the services of the contract.

3 Acceptable Quality Level (AQL): The maximum percent defective work that may occur before the FS will employ price deductions in accordance with the Inspection/Acceptance clause in the Terms and Conditions – Commercial Items {FAR 52.212-4 (a)}.

4 Defective Service: A unit of service which contains one or more defects, or nonconformance with specified requirements.

5 Quality Control: Those actions taken by a contractor to control the performance of services so that they meet the specified requirements.

6 Quality Assurance: Those actions taken by the FS to assure services meet the specified requirements.

7 COR: Contracting Officer’s Representative (COR) is a FS employee that is appointed and officially designated by the Contracting Officer to assist the Contracting Officer with technical matters related to contract administration. The COR will assist the Contracting Officer with surveillance of contractor performance.

FS FURNISHED PROPERTY, MATERIALS AND SERVICES

Not Applicable

CONTRACTOR FURNISHED ITEMS AND SERVICES

General: Except for those items or services specifically stated to be furnished by the FS, the contractor shall furnish everything required to perform the work of this contract, task order, and/or attachment(s) to the Acceptable Quality Level indicated in the contract, task order, and/or attachment(s).

PERFORMANCE WORK STATEMENT/

QUALITY ASSURANCE PLAN

Requirement Tasks / Critical Sub-tasks

Quality Standards AQL Method of

Monitoring Incentive/

Disincentive

1. Materials The Contractor shall deposit aggregates at the project site and in a manner directed by the FS as stated in the Statement of Work.

Gradation / quality meets West Virginia Division of Highways Standards for materials shown in Schedule of Items and placed in accordance with travel way

In accordance with West Virginia Division of Highways Standards accepted industry practice100%

Quality Control Plan and Material Compliance Certificates

Positive/Negative performance to be reported to NIH.

Potential additional option years.

SECTION 2 - APPLICABLE FAR & AGAR CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/

52.203-3 Gratuities (APR 1984)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-17 Ownership or Control of Offeror (JUL 2016)

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

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

Addendum to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION

2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JUN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

http://www.acquisition.gov/far/ Johnson, Melissa A -FS Use in solicitations and contracts with a value exceeding the simplified acquisition threshold, except those for personal services

Johnson, Melissa A -FS Use in all solicitations and contracts that exceed the simplified acquisition threshold.

Johnson, Melissa A -FS Use in solicitations and contracts that exceed the simplified acquisition threshold.

Johnson, Melissa A -FS Use in solicitations and contracts that contain the provision at 52.204-7, Johnson, Melissa A -FS Use in all solicitations and contracts when the solicitation contains the provision at 52.204-16, Commercial and Government Entity Code Reporting.

Johnson, Melissa A -FS Use in all solicitations and contracts

Johnson, Melissa A -FS FAR Part 12 allows for you to tailor 52.212-4 to meet your needs. There is currently one deviation to the clause which is entered in this section. If you wish to tailor the clause further, include those changes here.

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

(5) 52.233-3, Protest After Award (Aug 1996) (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. 3805note)).

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), 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 (Jun 2020) (41 U.S.C. 3509)).

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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).

Johnson, Melissa A -FS Use in solicitations and contracts exceeding the simplified acquisition threshold.

Johnson, Melissa A -FS Use in solicitations and contracts if the value of the contract is expected to exceed $5.5 million and the performance period is 120 days or more.

Johnson, Melissa A -FS Use in all solicitations and contracts funded in whole or in part with Recovery Act funds.

Johnson, Melissa A -FS Use in all solicitations and contracts of $30,000 or more.

The clause is not prescribed for contracts that are not required to be reported in the Federal Procurement Data System (FPDS)

Johnson, Melissa A -FS Use in solicitations and contracts for services (including construction) that meet or exceed the following thresholds except for indefinite-delivery contracts.

(i) All cost-reimbursement, time-and-materials, and labor-hour service contracts and orders with an estimated total value above the simplified acquisition threshold.

(ii) All other contracts awarded or issued in Fiscal Year 2016, and subsequent years, with an estimated total value of $500,000 or greater.

Johnson, Melissa A -FS Use in solicitations and indefinite-delivery contracts for services (including construction) where one or more orders issued thereunder are expected to each meet or exceed the following thresholds (i) All cost-reimbursement, time-and-materials, and labor-hour service contracts and orders with an estimated total value above the simplified acquisition threshold.

(ii) All other contracts awarded or issued in Fiscal Year 2016, and subsequent years, with an estimated total value of $500,000 or greater.

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

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

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

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

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

__ (13) [Reserved]

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

__ (ii) Alternate I (Mar 2020).

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

644).

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

_X_ (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 (Jun 2020) (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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9.

Johnson, Melissa A -FS Use in solicitations and contracts where the contract value exceeds $35,000.

Johnson, Melissa A -FS Use In solicitations where the resultant contract value is expected to exceed $550,000; and include in resultant contact if the offeror “has” in paragraph (b) of the provision at 52.209-7. (Has over $10M in total value of active federal grants and contracts)

Johnson, Melissa A -FS Use in solicitations and contracts for acquisitions that are set aside or awarded on a sole source basis to, HUBZone small business concerns under 19.1305 or 19.1306. This includes multiple-award contracts when orders may be set aside for HUBZone small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one HUBZone small business concern in accordance with 19.504(c)(1)(ii).

Johnson, Melissa A -FS The contracting officer shall use the clause with its Alternate I to waive the 50 percent requirement if the conditions at 19.1308(c) apply.

Johnson, Melissa A -FS Use in solicitations and contracts for acquisitions conducted using full and open competition.

Johnson, Melissa A -FS The contracting officer shall use the clause with its Alternate I to waive the 50 percent requirement if the conditions at 19.1308(c) apply.

Johnson, Melissa A -FS Use in solicitations and contracts involving total small business set-asides. This includes multiple-award contracts when orders may be set aside for any of the small business concerns identified in 19.000(a)(3), as described in 8.405-5 and 16.505(b)(2)(i)(F). Use the clause at 52.219-6 with its Alternate I when including FPI in the competition in accordance with 19.502-7.

Johnson, Melissa A -FS Use in solicitations and contracts involving partial small business set-asides. This includes part or parts of multiple-award contracts, including those described in 38.101. Use the clause at 52.219-7 with its Alternate I when including FPI in the competition in accordance with 19.502-7.

Johnson, Melissa A -FS Use in solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold unless-a personal services contract is contemplated.

Johnson, Melissa A -FS Use in solicitations and contracts that offer subcontracting possibilities, are expected to exceed $700,000 ($1.5 million for construction of any public facility), and are required to include the clause at 52.219-8, Utilization of Small Business Concerns, unless the acquisition is set aside for small business or is to be accomplished under the 8(a) program.

Johnson, Melissa A -FS Use if contracting by sealed bidding rather than by negotiation

Johnson, Melissa A -FS Use if contracting by negotiation, and subcontracting plans are required with initial proposals

Johnson, Melissa A -FS Use if the contract action will not be reported in the Federal Procurement Data System

Use if Incorporating a subcontracting plan due to a modification

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Mar 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

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

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

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

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

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

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

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

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

Johnson, Melissa A -FS Use in all solicitations for multiple-award contracts under which orders may be set aside for any of the small business concerns identified in 19.000(a)(3), and any resulting contracts.

Johnson, Melissa A -FS Use in solicitations and contracts for supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in 8.405-5 and 16.505(b)(2)(i)(F), and when orders may be issued directly to a small business concern as described in 19.504(c)(1)(ii). For contracts that are set aside, the contracting officer shall indicate in paragraph (d) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level.

Johnson, Melissa A -FS Use in all solicitations and contracts containing the clause at 52.219-9, Small Business Subcontracting Plan, or the clause with its Alternate I, II, III, or IV.

Johnson, Melissa A -FS Use in solicitations and contracts for acquisitions that are set aside or awarded on a sole source basis to, service-disabled veteran-owned small business concerns. This includes multiple-award contracts when orders may be set aside for service-disabled veteran-owned small business concerns or when orders may be issued directly to one service-disabled veteran-owned small business contractor. For contracts that are set aside, the CO shall indicate in paragraph (e) of the clause whether compliance with the limitations on subcontracting is required at the contract level or order level.

Johnson, Melissa A -FS Use in solicitations and contracts exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas.

Johnson, Melissa A -FS Use the clause with its Alternate I in solicitations and the resulting multiple-award contracts with more than one NAICS code. This is authorized for solicitations issued after October 1, 2022 (see 19.102(b)).

Johnson, Melissa A -FS Use in solicitations and contracts for acquisitions that are set aside for, or awarded on a sole source basis to, EDWOSB concerns. This includes multiple-award contracts when orders may be set aside for EDWOSB concerns or when orders may be issued directly to one EDWOSB contractor.

For contracts that are set aside, the contracting officer shall indicate in paragraph (e) of the clause whether compliance with the limitations on subcontracting is required at the contract level or order level.

Johnson, Melissa A -FS Use in solicitations and contracts for acquisitions that are set aside for, awarded on a sole source basis to, WOSB concerns. This includes multiple-award contracts when orders may be set aside for WOSB concerns eligible under the WOSB program or when orders may be issued directly to one WOSB contractor.

For contracts that are set aside, the contracting officer shall indicate in paragraph (e) of the clause whether compliance with the limitations on subcontracting is required at the contract level or order level.

Johnson, Melissa A -FS Use in solicitations and the resulting multiple-award contracts that have reserves.

Johnson, Melissa A -FS Use in solicitations and contracts when the item being acquired has been assigned a manufacturing or supply NAICS code, and any portion of the requirement is set-aside for any of the small business concerns identified in 19.000(a)(3) including multiple-award contracts that provide for the set-aside of orders to small business concerns or for orders issued directly to one small business concern in accordance with 19.504(c)(1)(ii), or is awarded on a sole source basis in accordance with subpart 19.8, 19.13, 19.14, or 19.15. The clause shall not be used when the Small Business Administration has determined that there are no small business manufacturers of the product or end items and has waived the nonmanufacturer rule (see 19.505(c)(4)).

Johnson, Melissa A -FS Use in solicitations and contracts above the micro-purchase threshold, when the contract will be performed in the United States, unless allowing FPI to participate.

Johnson, Melissa A -FS Use in all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase thresholds.

Johnson, Melissa A -FS Use if Clause 52.222-26 is required.

Johnson, Melissa A -FS Use if the contract will exceed $10,000 or the aggregate value of all prime contracts or subcontracts awarded to a contractor in any 12-month period exceeds, or can reasonably be expected to exceed, $10,000. If the contract is exempt from one or more, but not all, of the requirements of E.O.11246, the contracting officer shall use the clause with its Alternate I.

Use in solicitations and contracts if the expected value is $150,000 or more. Use with Alt 1 if the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, or the head of the agency waives one or more (but not all) of the terms of the clause

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

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C.

chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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

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

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

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

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

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

Johnson, Melissa A -FS Use in solicitations and contracts that exceed or are expected to exceed $15,000. If the Director of OFCCP or agency head waives one or more (but not all) of the terms of the clause in accordance with 22.1403(a) or 22.1403(b), use the basic clause with its Alternate I.

Johnson, Melissa A -FS Use in solicitations and contracts containing the clause at 52.222-35, Equal Opportunity for Veterans.

Johnson, Melissa A -FS Use in all solicitations and contracts performed in the US except acquisitions-less than SAT. For indefinite-quantity contracts, include the clause only if the value of orders in any calendar year of the contract is expected to exceed the simplified acquisition threshold

Johnson, Melissa A -FS Use in all solicitations and contracts. Use Alt 1 for contracts to be performed outside of the US.

Johnson, Melissa A -FS Note: including this clause requires the contractor to register in E-Verify. Use in all solicitations and contracts that exceed the simplified acquisition threshold, except those that-

(a) Are only for work that will be performed outside the United States;

(b) Are for a period of performance of less than 120 days; or

(c) Are only for-

(1) Commercially available off-the-shelf items;

(2) Items that would be COTS items, but for minor modifications (as defined at paragraph (3)(ii) of the definition of “commercial item” at 2.101);

(3) Items that would be COTS items if they were not bulk cargo; or

(4) Commercial services that are-

(i) Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications);

(ii) Performed by the COTS provider; and

(iii) Are normally provided for that COTS item.

Johnson, Melissa A -FS Except for the acquisition of commercially available off-the-shelf items, insert the clause at 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-designated Items, in solicitations and contracts exceeding $150,000 that are for, or specify the use of, EPA-designated items containing recovered materials. If technical personnel advise that estimates can be verified, use the clause with its Alternate I.

Johnson, Melissa A -FS Use in solicitations and contracts for–

(i) Refrigeration equipment (in product or service code (PSC) 4110); (ii) Air conditioning equipment (PSC 4120); (iii) Clean agent fire suppression systems/equipment (e.g., installed room flooding systems, portable fire extinguishers, aircraft/tactical vehicle fire/explosion suppression systems) (in PSC 4210); (iv) Bulk refrigerants and fire suppressants (in PSC 6830); (v) Solvents, dusters, freezing compounds, mold release agents, and any other miscellaneous chemical specialty that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 6850); (vi) Corrosion prevention compounds, foam sealants, aerosol mold release agents, and any other preservative or sealing compound that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 8030); (vii) Fluorocarbon lubricants (primarily aerosols) (in PSC 9150); and (viii) Any other manufactured end products that may contain or be manufactured with ozone-depleting substances.

Johnson, Melissa A -FS Use in solicitations and contracts that include the maintenance, service, repair, or disposal of–(i) Refrigeration equipment, such as refrigerators, chillers, or freezers; or (ii) Air conditioners, including air conditioning systems in motor vehicles.

Johnson, Melissa A -FS Use in all solicitations and contracts when imaging equipment (copiers, digital duplicators, facsimile machines, mailing machines, multifunction devices, printers, and scanners) will be-(i) Delivered; (ii) Acquired by the contractor for use in performing services at a Federally controlled facility; or (iii) Furnished by the contractor for use by the Government.

Use the clause with its Alternate I when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs.

Johnson, Melissa A -FS Use in all solicitations and contracts when televisions will be-(i) Delivered; (ii) Acquired by the contractor for use in performing services at a Federally controlled facility; or (iii) Furnished by the contractor for use by the Government.

Use the clause with its Alternate I when there are sufficient EPEAT® silver– or gold-registered products available to meet agency needs.

Use in solicitations and contracts when energy-consuming products listed in the ENERGY STAR® Program or FEMP will be-(a) Delivered; (b) Acquired by the contractor for use in performing services at a Federally-controlled facility; (c) Furnished by the contractor for use by the Government; or (d) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of…