12445121R0002_COMPLETE PACKAGE.pdf

12414620R0002 FAC Current FR DOC 2020-21690

FSR 643-644-644A Erosion Repairs.

Contents Part I - THE SCHEDULE

A - Solicitation/Contract Form

B - Supplies or Services/Prices

B - Supplies or Services/Prices (Continued)

B - Supplies or Services/Prices (Continued)

B - Supplies or Services/Prices (Continued)

C - Description/Specifications

D - Packaging and Marking

E - Inspection and Acceptance

F - Deliveries or Performance

G - Contract Administration Data

H - Special Contract Requirements

PART II – CONTRACT CLAUSE

I - Contract Clauses

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J - List of Documents, Exhibits and Other Attachments

K - Representations, Certifications, and Other Statements of Bidders

L - Instructions, Conditions, and Notices to Bidders

Site Visit:

Pre-Proposal Teleconference:

Proposal Deadline:

TECHNICAL PROPOSAL INSTRUCTIONS

M - Evaluation Factors for Award

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

FRANCIS MARION SUMTER NATIONAL FO

4931 BROAD RIVER RD

COLUMBIA SC 29210

4670 8. ADDRESS OFFER TO

Email Subject Line: 12455121R0041_Company name_proposal Email to: STEVEN.ALVES@USDA.GOV

CONTRACTOR ENCOURAGED TO CALL 859-745-3157 TO

CONFIRM RECEIPT.

STEVEN ALVES 859-745-3157

1x 11/02/2020

12445121R0002

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Long Cane District, FSR 643-644-644A Erosion Repairs, Francis Marion, South Carolina. Contractor to provide all materials, labor, transportation, permits necessary to provide for: Repair heavy road scouring, reconstruct ditches, replace culverts, install new culverts.

This project is 100% set aside for small business FAR 19.502 NAICS: The North American Industry classification System (NAICS) code for this acquisition is 237310.

The small business size standard is $39.5M.

PROJECT ESTIMATED MAGNITUDE/ FAR 26.204: (c) Between $100,000 and $250,000.

Site Visit: DATE: 11/12/2020; 1000-1200 EST Pre-Proposal Telecon: DATE: 11/19/2020; 1300 EST; 1-888-844-9904 Access Code: 2387499 Deadline for Submittal: DATE: 12/03/2020; 1600 EST

EMAIL ALL PROPOSALS: ALL PROPOSALS MUST BE IN PDF FORMAT (INCLUDING SIGNATURE) AND EMAILED AS FOLLOWS TO STEVEN.ALVES@USDA.GOV; Subject Line: 124551021R0002_Company Name_Proposal

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

12/03/2020

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

DANIEL BOONE NATIONAL FOREST

1700 BYPASS ROAD

WINCHESTER KY 40391

531A

STEVEN J. ALVES

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12445121R0002

Period of Performance: 01/04/2021 to 04/05/2021

F 643 Erosion Repairs

Product/Service Code: Z2LB Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

F 644A Erosion Repairs

Product/Service Code: Z2LB Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

F 644 Erosion Repairs

Product/Service Code: Z2LB Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

B - Supplies or Services/Prices

F 644 Erosion Repairs

ITEM DESCRIPTION Unit QTY Unit $ ITEM TOTAL

20412A Clean Ditches Mile 0.78 $ $

20412C Construct Lead Off Ditch LF 25 $ $

30104A CR-14 Aggregate base, compaction method "B"

Ton 200 $ $

30104B 3" Surge stone for base layer of all backfill Ton 24 $ $

30315 Roadway Reconditioning, Compaction Method "B"

Mile 0.78 $ $

60201A

<18"> inch Class 3 RCP culvert W/ Gaskets Foot 72 $ $

Excavation & backfill CY 40 $ $

Grouted Riprap headwall Ea 2 $ $

60201B Demo Existing CMP culverts & remove from NFS Lands

Ea 2 $ $

60709 Recondition Culverts Ea 1 $ $

62501 Seeding & Mulching Acre 0.5 $ $

62801 Litter Cleanup LS 1 $ $

TOTAL $

B - Supplies or Services/Prices (Continued)

F 644A Erosion Repairs

20401 General Excavation, Overburden at MP

0.482 & 0.55

CY 42 $ $

20412A Clean Ditches Mile 0.39 $ $

20412B Construct/Re-construct ditches LF 1381 $ $

25101 Riprap Class 1 Ton 10 $ $

30104A CR-14 Aggregate base, compaction method "B"

Ton 280 $ $

30104B 3" Surge stone for base layer of all backfill Ton 344 $ $

30315 Roadway Reconditioning, Compaction Method "B"

Mile 0.655 $ $

60201A

<18"> inch Class 3 RCP culvert W/ Gaskets Foot 432 $ $

Excavation & backfill CY 240 $ $

Grouted Riprap headwall & energy dissipation

Ea 12 $ $

60201B Demo Existing CMP culverts & remove from NFS Lands

Ea 4 $ $

62501 Seeding & Mulching Acre 1 $ $

F 643 Erosion Repairs

20412A Clean Ditches Mile 0.39 $ $

20412B Construct/Re-construct ditches LF 1381 $ $

21202 Rough grading/scarifying site, Compaction method "B" Mile 0.814 $ $

30104A CR-14 Aggregate base, compaction method "B"

Ton 280 $ $

30104B 3" Surge stone for base layer of all backfill Ton 344 $ $

30315 Roadway Reconditioning, Compaction Method "B" Mile 0.655 $ $

60201A

<18"> inch Class 3 RCP culvert W/ Gaskets Foot 432 $ $

Excavation & backfill CY 240 $ $

Grouted Riprap headwall & energy dissipation

Ea 12 $ $

60201B Demo Existing CMP culverts & remove from NFS Lands Ea 4 $ $

62501 Seeding & Mulching Acre 1 $ $

63301 Stop Sign Ea 1 $ $

PROPOSAL SUMMATION

ITEM DESCRIPTION Unit QTY ITEM TOTAL

001 F 644 Erosion Repairs 1 JC $

002 F 644A Erosion Repairs 1 JC $

003 F 643 Erosion Repairs 1 JC $

CONTRACTOR NAME:

DUNS:

SAM REGISTERED*: YES NO

*NOTE: FAR 4.1102 Policy.

(a) Offerors and quoters are required to be registered in SAM at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements

SIGNATURE

C - Description/Specifications

See attachments for program details

Summation:

Name and Project Description:

Long Cane District, FSR 643-644-644A Erosion Repairs.

Repair heavy road scouring, reconstruct ditches, replace culverts, install new culverts.

Location:

The project is located on the Long Cane Ranger District in Sumter National Forest in South Carolina. Long Cane District Office is located at 810 Buncombe Street, Edgefield, SC 29824, in Edgefield County, South Carolina. The project is located on FSR 644 (McGee Road) in McCormick County, SC. Specific directions are located within the project plans.

Contract Work Period:

90 days after receipt of Notice to Proceed

PROJECT ESTIMATED MAGNITUDE/ FAR 26.204:

(c) Between $100,000 and $250,000.

FAR SET ASIDE / FAR 19.502: SMALL BUSINESS

NAICS:

(1) The North American Industry classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $39.5M.

D - Packaging and Marking

For this solicitation, there are no clauses in this section

E - Inspection and Acceptance

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): https://www.acquisition.gov/?q=browsefar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project site.

INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerance

F - Deliveries or Performance

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):

https://www.acquisition.gov/browsefar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work. (APR 1984) 52.242-15 Stop-Work Order 52.242-17 Government Delay of Work

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days following the effective date of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

G - Contract Administration Data

AGAR 452.215-73 Postaward 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.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $_______________. Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations:________________ "

H - Special Contract Requirements

AGAR 452.236-77 EMERGENCY CONTROL (JUL 1985) Maintenance of Existing Facilities:

The Contractor shall conduct his operations to minimize disruptions to the Government employees and public using the existing facilities.

LANDSCAPE PRESERVATION

EROSION CONTROL MEASURES

a. Contractor shall minimize sediment laden water from entering the stream. Install check dams and sediment fences as necessary to minimize the entry of silt-laden water into streams or other water bodies.

b. Dewater any live streams prior to culvert removal or other in stream work.

c. Seed and mulch all disturbed areas within 7 days of completing the project.

LANDSCAPE PRESERVATION

a. The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

b. Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

c. Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto.

Wash water or waste from concrete or aggregate operations shall not be allowed to enter live steams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

d. Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

e. Prevention of Oil Spills – If the Contractor maintains storage facilities for oil or oil products on project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

f. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

CLEANING OF EQUIPMENT

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for Forest Service to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements.

“Off-road Equipment” includes all machinery other than log truck, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

PLAN FOR WEATHER-CAUSED SUSPENSIONS OF WORK

The Contractor shall prepare a plan for weather-caused suspensions of work to ensure preservation of resources affected on the work site or sites. The plans shall be consistent with the requirements in the LANDSCAPE PRESERVATION clause contained in this contract. The plan shall be submitted in writing to the Contracting Officer for review and, if acceptable, approval not later than two weeks prior to start of work. The plan shall distinguish between short-term shut-downs caused by intermittent weather activity and longer-term shut-downs associated with the advent of winter. If rejected by the Contracting Officer, the Contractor shall revise the plan and re-submit it for consideration within three working days of verbal or written notification by the Contracting Officer. The Contractor shall take action consistent with the plan before suspending activity on the site(s). Acceptance of the plan by the Contracting Officer in no way waives any of the requirements of the LANDSCAPE PRESERVATION clause.

USE OF PREMISES

(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes. One camp unit will be allowed at the project site for use by a watchman.

(b) A storage site will be permitted at a designated site within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

(c) When the Contractor’s operations require a temporary electrical power distribution system, the system shall comply with the National Electrical Code, applicable local codes and utility regulations. The Contractor shall make all arrangements with the serving utility for temporary power and shall pay the serving utility for all applicable fees and power consumed.

(d) Potable water and sanitary facilities are not available for use during construction.

(e) The Contractor is authorized to use roads that are part of the construction project and those Forest Service Roads for performance of work under this contract.

FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workman, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and

(2) on adjacent property of a third party, the location of which are made know to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor

PART II – CONTRACT CLAUSE

I - Contract Clauses 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): https://www.acquisition.gov/browsefar 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-1 Approval of Contract DEC 1989 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2018 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other

Covered Entities JUL 2018 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment OCT 2015 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-12 Liquidated Damages—Construction SEP 2000 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-8 Order of Precedence—Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications JUN 2020 52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications JUN 2020 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions JUL 2005 52.215-19 Notification of Ownership Changes OCT 1997 52.215-23 Limitations on Pass-Through Charges JUN 2020 52.216-23 Execution and Commencement of Work APR 1984 52.216-24 Limitation of Government Liability APR 1984 52.219-6 Notice of Total Small Business Set-Aside MAR 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations on Subcontracting JAN 2017 52.219-16 Liquidated Damages - Subcontracting Plan JAN 1999

52.219-28 Post-Award Small Business Program Representation JUL 2013 52.222-1 Notice to the Government of Labor Disputes FEB 1997 52.222-2 Payment for Overtime Premiums JULY 1990 52.222-3 Convict Labor JUNE 2003 52.222-4 Contract Work Hours and Safety Standards —Overtime Compensation MAY 2018 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JULY 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination—Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-16 Approval of Wage Rates MAY 2014 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. SEP 2013 52.223-3 Hazardous Material Identification & Material Safety Data JAN 1997 52.223-5 Pollution Prevention & Right-To-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items MAY 2008 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons JUN 2016 52.223-15 Energy Efficiency In Energy-Consuming Products. DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts. AUG 2018 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-9 Buy American—Construction Materials MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises JUNE 2000 52.227-1 Authorization and Consent DEC 2007 52.227-5 Waiver of Indemnity APR 1984 52.227-17 Rights in Data—Special Works DEC 2007 52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems MAY 2014 52.227-22 Major System—Minimum Rights JUN 1987 52.227-23 Rights to Proposal Data (Technical) JUN 1987 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-13 Alternative Payment Protections JULY 2000

52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds—Construction OCT 2010 52.229-3 Federal, State, and Local Taxes FEB 2013 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) FEB 2013 52.230-2 Cost Accounting Standards OCT 2015 52.230-3 Disclosure and Consistency of Cost Accounting Practices OCT 2015 52.230-5 Cost Accounting Standards—Educational Institution AUG 2016 52.230-6 Administration of Cost Accounting Standards JUNE 2010 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-16 Progress Payments APR 2012 52.232-16 Progress Payments--Alternate I MAR 2000 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-24 Prohibition of Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information JUL 2013 52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 FAR 52.236-1 Performance of Work by the Contractor. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991 52.236-26 Preconstruction Conference FEB 1995 52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals MAY 2014 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.243-5 Changes and Changed Conditions APR 1984 52.243-7 Notification of Changes JAN 2017 52.244-2 Subcontracts OCT 2010 52.244-5 Competition in Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items OCT 2020 52.245-1 Government Property JAN 2017 52.245-9 Use and Charges APR 2012 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction Mar 1994 52.247-1 Commercial Bill of Lading Notations FEB 2006 52.248-3 Value Engineering—Construction OCT 2020 52.249-2 Termination for Convenience of the Government (Fixed-Price)--Alternate I SEP 1996 52.249-10 Default (Fixed-Price Construction) APR 1984 52.250-1 Indemnification under Public Law 85-804 APR 1984 52.250-5 SAFETY Act-Equitable Adjustment FEB 2009 52.252-4 Alterations in Contract APR 1984 52.252-6 Authorized Deviations in Clauses APR 1984

52.253-1 Computer Generated Forms JAN 1991

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996) AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants Alt I (FEB 2012)

FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance

52.225-9 Buy American - Construction Materials (MAY 2014)

(a) Definitions. As used in this clause - Commercially available off-the-shelf (COTS) item - (1) Means any item of supply (including construction material) that is -

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means -

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means -

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if -

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that -

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including -

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) 1

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

52.249-14 Excusable Delays. (Apr 1984)

(a) Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. “Default” includes failure to make progress in the work so as to endanger performance.

(b) If the failure to perform is caused by the failure of a subcontractor at any tier to perform or make progress, and if the cause of the failure was beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be deemed to be in default,- unless-

(1) The subcontracted supplies or services were obtainable from other sources;

(2) The Contracting Officer ordered the Contractor in writing to purchase these supplies or services from the other source; and

(3) The Contractor failed to comply reasonably with this order.

(c) Upon request of the Contractor, the Contracting Officer shall ascertain the facts and extent of the failure. If the Contracting Officer determines that any failure to perform results from one or more of the causes above, the delivery schedule shall be revised, subject to the rights of the Government under the termination clause of this contract.

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in

FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information;…