12444322Q0020.pdf

Solicitation Number: 12444322Q0020 – Water Well Abandonment 2022

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

(ii) This solicitation is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.

(iv) This procurement is set aside for Small Business concerns. The NAICS code is 238910 – Site Preparation Contractors and the Small Business Size Standard is $16.5 million.

(v) Schedule of Items/Price Schedule

VENDOR: _____________________________ DUNS:___________________

WATER WELL ABANDONMENTS – 2022

Item # Description Qty Unit Unit Price Total Price

1 BIG BEND PARKING LOT

Water Well Abandonment

1 LSQ $ $

2 SITES PARK

3 JUDY GAP 0525

4 STUART CAMPGROUND 015

GRAND TOTAL: $

Lump Sum Quantities (LSQ): These quantities denote one complete unit of work as required by or described in the Contract, including all necessary materials, equipment, and labor to complete the job. They will not be measured.

Bidders shall enter an amount for each item. The Government intends to award one contract for the items listed above to the Contractor who provides the best overall value to the Government.

The Government reserves the right to award all, part or none of the contract.

(vi) Description of Requirement (including a list of any attachments)

MONONGAHELA NATIONAL FOREST

WATER WELL ABANDONMENTS – 2022

MONONGAHELA NATIONAL FOREST

GRANT, PENDLETON AND RANDOLPH COUNTIES, WEST VIRGINIA

STATEMENT OF WORK, PROJECT LOCATION AND PERIOD OF PERFORMANCE:

1. DESCRIPTION OF WORK

The project consists of the COMPLETE well abandonment of existing drinking water wells located at four (4) locations in the Monongahela National Forest as described in further detail below. All work shall be performed by a West Virginia Licensed Well Driller. It is required that the Contractor provide a complete, turn-key, finished product of the highest quality of workmanship. All materials shall be new and from the same manufacturer, unless indicated otherwise. All removed materials shall become the property of the Contractor and shall be properly disposed of off of Government property unless otherwise indicated.

Contractor shall pay Davis-Bacon prevailing wages for counties in which work is performed on site.

Contractor is required to obtain all necessary permits and include those costs in the bid price. Contractor shall contact West Virginia 811 at (811) or (1-800-245-4848) prior to any excavating to verify the location or absence of any buried utilities.

If the Contractor desires to provide different materials, equipment or processes than specified, the Contractor must submit 5 WORKING DAYS PRIOR TO THE BID DUE DATE all necessary documentation, with a side-by-side comparison of the material, equipment and/or processes specified and Contractor proposed, demonstrating the Contractor proposal is equal or superior. Failure to do so will void the Contractor’s proposed substitution and the Contractor will be required to provide the specified materials, equipment and/or processes.

2. PROJECT LOCATION

Directions to each of the drinking water well locations is further described below. It is highly recommended bidders visit the sites to inspect the project work. Bidders may contact Forest Service Engineer Glenn Heuerman at 304-478-2000 x5552135 for questions.

3. PERIOD OF PERFORMANCE

Work to occur on weekdays, Monday – Friday, 8 AM to 6 PM. No work shall occur outside of this time frame, or on weekends or Federal Holidays, unless written permission is obtained from the Contracting Officer’s Representative (COR). Once work commences, the Contractor shall diligently perform all awarded work in a sequential order without delays between water well abandonment locations, unless written permission is obtained from the COR. The decommissioning, of the Stuart Campground abandoned well, can only be performed after the opening of the campground (May 31st) and the new municipal connection has been checked, by the Forest Service, for functionality.

CONSTRUCTION SPECIFICATIONS, MATERIALS, SEQUENCING AND PLAN OF WORK:

This plan of work includes all of the major work elements in the general order of accomplishment. Minor additional incidental work may be necessary to complete this project. It shall be the responsibility of the Contractor to identify all work elements and bid the project accordingly. If any missing elements or deviations are discovered, please bring to the attention of the Contracting Officer (CO) prior to submitting the bid package. Bids will be considered all-inclusive for the work described and no extra payment will be awarded unless substantial differing site conditions are discovered.

THE COR MUST BE PRESENT FOR ALL WORK PERFORMED FOR THIS CONTRACT!!!

For each water well abandonment location, the Contractor shall provide to the COR the following:

1. Completed Form SW261 State of West Virginia Water Well Abandonment Report.

2. Abandoned well GPS location to a horizontal accuracy of 12 feet.

3. Digital pictures of the abandoned well site, BEFORE and AFTER, clearly identifying the name of the well site.

4. Completed Application for Permit from the West Virginia Department of Health and Human

Resources to abandon each water well, form SW-256 “Application for a Permit to Construct, Modify or Abandon a Water Well” along with a copy of the obtained permit SW-257.

For all water well locations, the Contractor’s work shall comply with the following including submission of required paperwork to the appropriate entities:

1. AWWA A100-20 Water Wells (or most current version)

2. West Virginia Department of Heath and Human Resources, Public Health Sanitation Division requirements (includes submittal of Form SW261 State of West Virginia Water Well Abandonment Report).

3. EPA regulations related to well abandonment and disposal of demolition debris.

Big Bend Parking Lot Water Well Abandonment

This well has a handpump and a concrete slab. There are a few boulders that will need to be moved to gain vehicle access to the well. Contractor shall remove the entire handpump assembly and drop pipe and return to the COR the handpump and pump cylinder/foot valve. Contractor shall dispose of the drop pipe and the pump rods. The Contractor shall remove the 6’ x 6’ concrete slab in its entirety and dispose of properly off of Government property.

After slab removal, Contractor shall cut off the well casing 4 feet below finished grade elevation and fill remaining well casing with bentonite or neat cement as per WV requirements. Contractor shall dispose of the cut off section of well casing properly off of Government property. The Contractor shall grade the area where the slab was removed to neatly blend in with the existing ground condition. No topsoil or seed shall be placed. Contractor shall place the boulders moved for access back to their original locations. Pavement shall be swept to remove any debris from the Contractor’s work.

Location description: At the Big Bend Parking area at the Big Bend Campground entrance on 2 north of Ketterman, (site address 12 Prowler Drive, Cabins, WV 26855). Well is at the parking lot, on the left side, before passing the Campground Entrance sign.

Well Infra ID#: 9912033 State ID#: 9912033 County Location: Grant GPS approximate location: N 38.89155556, W 79.24138889 Well casing size: 6-5/8” steel Well Depth: 43 feet Static water: 12 feet Well drilling date: 1967

Closeup view of Big Bend Parking Lot handpump and slab. Notice proximity to the South Branch of the Potomac River.

Big Bend Parking lot well location

View of size of boulders to move and replace for access to the well and slab. Parking lot asphalt pavement comes right up to the boulders for vehicle access. Information sign to remain untouched.

View of current Big Bend Parking Lot handpump slab that appears to either have a second slab poured on top or a thickened edge. Slab is approximately 6’ x 6’. All concrete is to be removed and hauled away.

Sites Park Water Well Abandonment

This well has a handpump and a concrete slab. There is a small, normally dry ditch to cross (see below picture) along with some minor brushing to gain vehicle access to the well. Contractor shall remove the entire handpump assembly and drop pipe. Contractor shall dispose of all removed handpump materials (nothing salvaged by the Government).

The Contractor shall remove the 8’ x 8’ concrete slab in its entirety and dispose of properly off of Government property. After slab removal, Contractor shall cut off the well casing 4 feet below finished grade elevation and fill remaining well casing with bentonite or neat cement as per WV requirements. Contractor shall dispose of the cut off section of well casing properly off of Government property. The Contractor shall grade the area where the slab was removed to neatly blend in with the existing ground condition. No topsoil or seed shall be placed. Leaves and vegetation debris from surrounding area shall be scattered on the disturbed soil to blend with surroundings. Contractor shall reinstall any wood posts removed for vehicle access and remove any material used to cross the ditch and return it to its original condition.

Location description: Sites Park well is located 75’+/- off of the gravel parking lot off of 28/55, north of 33, but before the access drive to the Sites house and Seneca Rocks Trailhead.

Well Infra ID#: 9936041 State ID#: 9936041 County Location: Pendleton GPS approximate location: N 38.83538889, W 79.37450000 Well casing size: 5” steel Well Depth: 28 feet (measured 18-24-2021, may have hit obstruction – no well log).

Static water: 19 feet Well drilling date: 1953

Sites Park well location

Closeup view Sites Park handpump and slab. Handpump is bent over and not connected to the 8’ x 8’ slab.

Arrow shows location of handpump in the woods. Tree trimming is allowed if the Contractor decides it is necessary to complete the work.

There is a small, normally dry ditch between the gravel parking and the access path to the Sites Park handpump to be crossed. Arrow shows location of well, which is about 75’ from the parking lot. Wood post(s) may need to be removed and reinstalled by Contractor for vehicle access. Contractor may need cribbing or other material to cross ditch so they do not bottom out vehicle. Whatever material is used, it must be removed from the site and the ditch returned to original condition.

Judy Gap 0525 Water Well Abandonment

This is a submersible well located in a small wood well house with a concrete slab at the old Judy Gap USFS Work Center and is located behind a locked gate. Well is located approximately 75’ past the far gable end of the existing warehouse. The Contractor will have to perform some brushing/tree trimming to gain vehicle access to the well from the warehouse gable end to the well (75’+/-), but there is good vehicle access to the warehouse area from the road.

Trimmings shall be scattered in the woods on site. Contractor shall remove the assumed still present submersible pump and drop pipe and shall dispose of all removed materials (nothing salvaged by the Government). The Contractor shall remove the wooden building that measures 4’ wide x 8’ long by 4’ high walls with asphalt roof and some insulation in the walls. The Contractor shall remove the 4’ x 8’ +/- concrete slab in its entirety and dispose of all demolition materials properly off of Government property. After slab removal, Contractor shall cut off the well casing 4 feet below finished grade elevation and fill remaining well casing with bentonite or neat cement as per WV requirements. Contractor shall dispose of the cut off section of well casing properly off of Government property. If the Contractor encounters the water supply line from the pitless adapter, the Contractor shall cut the water line and plug the end with non-shrink grout a length of 6” into the pipe. The Contractor shall cut the electrical wires to the well at the wellhead and tape the ends with electrical tape. In the warehouse, the Contractor shall disconnect the well electrical wires from the breaker in the panel, wire nut and place electrical tape on the ends of the disconnected wires and label them as “Disconnected Well”. The Contractor shall grade the area where the well slab was removed to neatly blend in with the existing ground condition. No topsoil or seed shall be placed. Leaves and vegetation debris from surrounding area shall be scattered on the disturbed soil to blend with surroundings.

Ditch

Location description: Site is located off of FR346 (south of AWP Riverton Sawmill) which is off of 28 south of Riverton.

Well Infra ID#: 9936042 State ID#: 9936042 County Location: Pendleton GPS approximate location: N 38.72880555, W 79.44755555 Well casing size: 6.25” galvanized steel Well Depth: 70.33 feet Static water: 17 feet Well drilling date: 9-23-1976

Judy Gap well.

Judy Gap well house and well (inside) to be completely removed.

Well head inside of wellhouse.

View of wellhouse concrete slab to be completely removed.

View from wellhouse towards the gable end of the existing warehouse to show tree trimming/removal for vehicle access.

Stuart Campground 015 Water Well Abandonment

This is a submersible well located in a small wood well house with a concrete slab at the USFS Stuart Recreation Area.

There is good vehicle access to the wellhead and wellhouse. This work cannot be performed prior to the opening of the campground (May 31st) and the new municipal connection has been checked, by the Forest Service, for functionality. Contractor shall remove the submersible pump and drop pipe along with low water sensor and shall dispose of all removed materials (nothing salvaged by the Government). The Contractor shall remove the wooden building that measures approximately 4’ wide x 4’ long by 8’ high walls with asphalt roof along with all interior controls and contents. The Contractor shall remove the 4’ x 4’ +/- concrete slab in its entirety and dispose of all demolition materials properly off of Government property. After slab removal, Contractor shall cut off the well casing 4 feet below finished grade elevation and fill remaining well casing with bentonite or neat cement as per WV requirements. Contractor shall dispose of the cut off section of well casing properly off of Government property. The Contractor shall cut the HDPE water line where it goes underground outside of the wellhouse and plug the end with non-shrink grout a length of 6” into the pipe. The Contractor shall cut the electrical wires to the well at the wellhead and tape the ends with electrical tape. In the shower house near the host site, the Contractor shall disconnect the well electrical wires from the breaker in the panel, wire nut and place electrical tape on the ends of the disconnected wires and label them as “Disconnected Well”. The Contractor shall grade the area where the well slab was removed to neatly blend in with the existing ground condition. No topsoil or seed shall be placed. Leaves and vegetation debris from surrounding area shall be scattered on the disturbed soil to blend with surroundings.

Location description: Well is located just past the historic caretakers cabin in the Stuart Recreation Area outside of Elkins, WV (off of 33/55 to 6 then 91, following signs for Stuart Recreation Area).

Well Infra ID#: 9942032 State ID#: 9942032 County Location: Randolph GPS approximate location: N 38.91929, W 79.77783 Well casing size: 6” steel Well Depth: 90 feet Static water: Unknown Well drilling date: 1956

Stuart Recreation Area well.

View of wood wellhouse to be completely removed.

Interior view of wellhead and contents – all to be removed and disposed of by the Contractor.

Attachments

Attachment 1 DOL Wage Determination 11 Pages (2015-4353 revised 12/27/2021) Grant, Pendleton and Randolph Counties, West Virginia

Attachment 2 Past Performance & Experience Form 1 Page

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

The desired date for starting work is April/May 2022. Period of performance will be 60 calendar days.

Well locations are described in the Statement of Work.

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision)

Addenda to provision 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include past performance information (a form has been provided and attached for optional use), a priced quote, and contractor representations and certifications. All line items must be priced and included in order to be considered for award.

a) Past Performance – provide a list of similar projects completed by your firm over the past three years. An optional form has been attached for your use. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email).

b) Priced Quote – Include the following: 1) completed price schedule from section v of this solicitation (page 1) and 2) acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted SF-30.

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24 (pages 28-31) and 52.212-3 (page 31) found in this solicitation. Include your DUNS number.

https://www.sam.gov/SAM/

3) Submit offer by email to carrie.edwards@usda.gov so that it is delivered into this inbox by the due date and time. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

4) Address questions about this solicitation to Carrie Edwards at carrie.edwards@usda.gov.

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

PRICE

PAST PERFORMANCE

Technical and past performance, when combined, are approximately equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV 2021) (DEVIATION JUL 2020) (Provision)

See Page 31

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)

Addenda to 52.212-4:

mailto:carrie.edwards@usda.gov

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; 41 U.S.C 4712 and 10 U.S.C 2409 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.

52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements

(AUG 1996)

(This clause supplements 52.212-4 paragraph a)

52.243-4 Changes (JUN 2007) (This clause supplements 52.212-4 paragraph c)

52.249-10 Default (Fixed-Price Construction) (APR 1984) Alternate I (APR 1984) (This clause supplements 52.212-4 paragraph f and m)

52.249-1 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) (APR 2012) (This clause supplements 52.212-4 paragraph 1)

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2022) (DEVIATION JUL 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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (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 products and commercial services:

☐ (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 (Nov 2021) (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.)

☐ (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).

☐ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (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 (Sep 2021) (15

U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep 2021) 15 U.S.C. 657a).

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

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

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

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

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

(3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 (Sep 2021) of 52.219-9.

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

☐ (ii) Alternate I (MAR 2020) of 52.219-13 ☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s)

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

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

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(a)(17)).

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

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(DEVIATION JUL 2020) (E.O.13126).

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

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

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

☐ (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.

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

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

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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 (Nov 2021). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services 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).

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

☒ (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 (Nov 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)

(DEVIATION JUL 2020) (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, 19 U.S.C. chapter 29 (sections 4501-4732), 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) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct 2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

☐ (iii) Alternate II (Nov 2021) 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 products and commercial services:

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

☒ (4) 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).

☐ (5) 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).

☐ (6) 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).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (Nov 2021) (41 U.S.C.

3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(xiii) Additional Requirements/Terms and Conditions:

Clauses:

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

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.237-4 Payment by Government to Contractor

(a) In full consideration of the performance of the work called for in the Schedule, the Government will pay to the Contractor the awarded contract amount.

(b) The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates approved by the Contracting Officer. Except as provided in paragraph (c) of this clause, in making progress payments the Contracting Officer shall retain 10 percent of the estimated payment until final completion and acceptance of the contract work.

However, if the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer may authorize such payment in full, without retaining a percentage. Also, on completion and acceptance of each unit or division for which the price is state separately, the Contracting Officer may authorize full payment for that unit or division without retaining a percentage.

(c) When the work is substantially completed, the Contracting Officer shall retain an amount considered adequate for the protection of the Government and, at the Contracting Officer’s discretion, may release all or a portion of any excess amount.

(d) In further consideration of performance, the Contractor shall receive title to all property to be dismantled or demolished that is not specifically designated as being retained by the Government. The title shall vest in the Contractor immediately upon the Government’s issuing the notice of award, or if a performance bond is to be furnished after award, upon the Government’s issuance of a notice to proceed with the work. The Government shall not be responsible for the condition of, or any loss or damage to, the property. If the Contractor does not wish to remove from the site any of the property acquired, the Contracting Officer may, upon written request, grant the Contractor permission to leave the property on the premises. As a condition to the granting of this permission, the Contractor agrees to waive any right, title, claim, or interest in and to the property.

(e) Upon completion and acceptance of all work and receipt of a properly executed voucher, the Government shall make final payment of the amount due the Contractor under this contract. If requested, the Contractor shall release all claims against the Government arising under this contract, other than any claims the Contractor specifically excepts, in stated amount, from operation of this release.

(End of clause)

Alternate I (Apr 1984). If the contracting officer determines that the Government shall retain all material resulting from the dismantling or demolition work, delete paragraph (d) from the basic clause and renumber the remaining paragraphs.

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):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

452.204-70 Inquiries (FEB 1998)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

452.204-70 Modification for Contract Closeout (OCT 2021)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.211-74 Period of Performance (FEB 1988)

The period of performance for this contract is 60 calendar days.

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a mutually agreeable location on the Monongahela National Forest, West Virginia (may be held virtually).

452.228-71 Insurance Coverage (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, 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 Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not 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 worker's compensation to be written by private carriers.

(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 at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a 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 or loss.

(d) Aircraft 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 injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Provisions:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.223-4 Recovered Material Certification (MAY 2008)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to provisions may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Pre-Bid/Pre-Proposal Conference

(a) The Government is planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference.