12467020R0058 Solicitation Body.doc

NFSR 708 (BURRELLS FORD ROAD) Road Construction 12467020R0058

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS…………………………………………..page 3 SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK…………………………...page 4 SECTION D - PACKAGING AND MARKINGS……………………………………………………………...page 5 SECTION E - INSPECTION AND ACCEPTANCE…………………………….…………………………….page 6 SECTION F - DELIVERIES OR PERFORMANCE………………………………….……………………….page 7 SECTION G - CONTRACT ADMINISTRATION DATA……………………………………………………page 8 SECTION H - SPECIAL CONTRACT REQUIREMENTS………………………………………………….page 12 SECTION I - CONTRACT CLAUSES…………………………………………………………………………page 13 SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS…………………...page 18

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS…………………………………………………………………………………page 19 SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS..p. 28 SECTION M – EVALUATION FACTORS FOR AWARD…………………………………………..………page 31 IMPORTANT NOTE: PROPOSALS ARE DUE 21 JULY 2020 AT 12:00 PM EST AND MUST BE E-MAILED TO KELLY.B.UPDEGRAFF@USDA.GOV

NOTE: DUE TO COVID-19, NO HAND DELIVERED OR MAILED PROPOSALS WILL BE

ACCEPTED. ONLY E-MAILED PROPOSALS WILL BE ACCEPTED.

CONTRACTORS MUST SUBMIT THE FOLLOWING DOCUMENTS (proposals may be deemed unresponsive if these documents are not provided at the time proposals are due):

1) SF 1442 (must be signed and dated)

2) BODY: CONTRACTOR INFORMATION – page 2 (below)

3) SCHEDULE OF ITEMS – page 3 (below)

4) ATTACHMENT 1: DETAILED SCHEDULE OF ITEMS

5) AMENDMENTS (AS APPLICABLE)

CONTRACTOR INFORMATION

ACTIVE IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) (To be awarded this contract, contractor MUST be active in SAM at the time solicitations are due as prescribed in FAR 52.204-7).

COMPANY NAME: _____________________________________________________________________________

TAX ID# ___________________________

DUNS# _____________________________ CAGE# _________________

POINT OF CONTACT ___________________________________________________________________________

EMAIL ADDRESS ______________________________________________________________________________ PHONE # ____________________________________ CELL PHONE _________________________________________

FAX # ________________________________________

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

INTENT AND LOCATION:

The Forest Service, Francis Marion and Sumter National Forests, Andrew Pickens Ranger District, 112 Andrew Pickens Circle, Mt. Rest, SC 29664, has a requirement to repair a road. Work to be performed under this resultant contract includes, but is not inclusive of, repairing erosion damage on specified roads i.e. rutting, washboarding, and potholes and providing a permanent repair by paving an impermiable surface on sensitive areas subject to damage during storm events. All items on the Schedule of Items are to be completed and submitted as the offeror’s cost proposal. Failure to submit a completed schedule will result in the offeror’s entire proposal package being considered non-responsive and will not be evaluated. All unit prices and total prices are limited to two (2) decimal places. The Schedule of Item is only one document of several that must be submitted with your proposal. This solicitation will result in award of a firm fixed price contract. This is a 100% Small Business Set Aside.

SEE ATTACHMENT 1 – SCHEDULE OF ITEMS

Item

No.

Description Total

NFSR 708, Burrells Ford Road, Road Construction, See Attachment 1 $_________________

Performance period 120 calendar days.

Magnitude of this project is $100,000.00 to $250,000.00 Electronic Payment and Performance Bonds will be required of the awardee (per FAR Deviation CAAC Letter 2020-04).

An electronic Bid Guarantee will be required with your emailed proposal (per FAR Deviation CAAC Letter 2020-04).

Pre-Bid Site visit information in Section L. Pre-bid site visits are not mandatory but are highly encouraged.

There are no incumbents for this project.

SECTION C - STATEMENT OF WORK

SCOPE OF CONTRACT – Contractor shall furnish all labor, equipment, materials, tools, transportation, supplies (including safety), and supervision necessary to complete this construction project in accordance with the Specifications and Drawings identified in Section J.

See ATTACHMENT 2 – Statement of Work for detailed project information

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.211-72 STATEMENT OF WORK/SPECIFICATIONS. (FEB 1988)

452.211-73 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS. (FEB 1988)

SECTION D—PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

---NONE---

SECTION E—INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

GOVERNMENT QUALITY ASSURANCE

The Government will monitor services to ensure that the Contractor is providing quality material and the quality of work expected and meets performance standards. Visual observation will be used. The Government reserves the right, if deemed necessary to ensure compliance with the contract, to make random or scheduled inspections of the services provided.

Government inspections will be documented and placed in the COR’s file. If the employee’s work does not meet the the standards as outlined in this contract, a Notice of Non-Compliance will be issued to the Contractor. The CO may issue other cure notices if services are not being provided in a timely manner or does not comply with contract specifications.

Government inspections are for the sole benefit of the Government and do not-

1) Relieve the Contractor of responsibility for providing adequate quality control measures;

2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3) Constitute or imply acceptance; or

4) Affect the continuing rights of the Government after acceptance of the services.

Inspection of the construction and/or demolition under this contract shall be made by the Contracting Officer's Representative (COR) or the Alternate COR as the work progresses and at such intervals as are necessary to insure compliance with the contract specifications and provisions. If the construction or demolition is not acceptable by the COR, the contractor shall perform said project to the satisfaction of the COR in accordance to this contract at no cost to the government. Upon acceptance by the COR, the contractor may submit their invoice in the IPP system.

CONTRACTOR QUALITY CONTROL

The Contractor is to ensure the material and the quality of work is in accordance with this contract. Subcontracting work is not an excuse for substandard performance. The Contractor will have measures in place to ensure services are performed to the Statement of Work in this contract. The Contractor is to communicate with the CO and COR as needed and shall be available to meet the CO and/or COR within a reasonable timeframe when requested.

SECTION F—DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984)

52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work.

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within _10_ [Contracting Officer insert number] 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 _120_.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by _21 September 2020__ [Contracting Officer insert date]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G—CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within 10 calendar days after the date of contract award. The conference will be held at a location designated by the Contracting Officer.

CONTRACTING OFFICER

a. The Contracting Officer (CO) responsible for award of this contract:

Mr. Kelly B. Updegraff

USDA Forest Service (Region 8)

4931 Broad River Road Columbia, SC 29212

(803) 561-4093 email: kelly.b.updegraff@usda.gov

b. The Contracting Officer (CO) responsible for administration of this contract: same as above

c. A Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modification to contracts, processes and approves payment request, reviews and make final decisions on contractual discrepancies, and administers the contract. The CO will also be responsible for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s version and the contractor’s version. The Contracting Officer is the only authorized individual to make changes to the contract.

CONTRACTING OFFICER’S REPRESENTATIVE(S) – LIAISON

a. Contracting Officer’s Representative(s) (COR) and/or inspector will be designated in writing at the time of contract award. A copy of the designation will be furnished to the Contractor.

b. The COR will act as liaison between the USDA Forest Service herein referred to as “FS” and the Contractor(s), and, when necessary, will provide technical direction to the Contractor(s). The Contracting Officer’s Representative (COR) and is responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of a government representative shall relieve the Contractor(s) of his/her/their responsibilities under the contract.

c. The Contracting Officer for this contract should be informed as soon as possible of any actions or inaction’s by the Contractor or the Government which could change any of the terms, conditions, or completion time stated in the contract. On all matters pertaining to contract terms, the Contractor must communicate with the Contracting Officer.

d. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the Contract, the Contractor should advise the Contracting Officer immediately.

CONTRACTOR OBLIGATION:

Contractor shall provide personnel who are trained and competent to accomplish the work on this contract in a manner consistent with the highest professional standards of the industry. Contractors are required to stay in communication with the designated Contracting Officer's Representative (COR) at all times.

On all matters that pertain to the contract terms, the Contractor shall communicate, in writing, with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests are outside the scope of the contract, the Contractor should so advise the COR and CO immediately. Buying and using material or performing any construction or demolition not listed in this contract without proper contractual modification by the Contracting Officer could result in nonpayment of these services and shall result in the Contractor performing those services at their own expense.

KEY PERSONNEL

The contractor shall assign a point of contact (POC) for this contact. The POC’s full name, phone number, and email address must be submitted in their technical quote. The Contractor’s POC must be (i) deemed acceptable to the Government, (ii) authorized to act on the Contractor’s behalf; and (iii) be present on the job site at all times when contract work is being performed. If the Contractor’s POC is the only individual present, that POC must be a key personnel. (See Superintendence by the Contractor, Section I, Federal Acquisition Regulation Clause 52.236-6).

The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer, in writing, within a reasonable timeframe. Oral notifications may be made for immediate, unexpected changes followed by written notifications containing the new key personnel’s full name, phone number, and email address. Substitutes should have comparable qualifications to those of the person(s) being replaced. The Contractor is responsible to retrieve any keys and/or cleaning material associated with this contract.

TECHNICAL DIRECTION

The performance of work required herein shall be subject to the technical direction and inspection of the COR. As used herein, “technical direction” is direction to the Contractor(s), which requires pursuit of certain lines of inquiry, filling in details or otherwise serving to accomplish the contract or task order specifications. The technical direction, to be valid:

a) Must be issued in writing consistent with the general scope of the work set forth in the contract;

b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract or any task orders issued by the CO or ACOs;

c) Shall not constitute a basis for extension of the contract / task order delivery schedule(s)

Nothing contained in this part authorizes the Contractor(s) to incur costs in excess of the contract price or other limitations of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor(s): 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

JOB SITE ADMINISTRATION

The Government will designate a COR to inspect the work. The COR will maintain a daily journal that will be filled out for days the COR visits the worksite. Government inspections do not relieve the Contractor(s) of the responsibility of providing adequate quality control measures. The Contractor or the Contractor’s Superintendent must contact the COR or CO regarding technical decisions and directions however only the CO may modify the contract to include or delete such work.

MEETINGS

The Contractor(s) shall be available to meet with the CO and/or COR upon request. Meetings will be scheduled by the CO or COR with timely notification to the Contractor(s).

GOVERNMENT FURNISHED ITEMS:

Any Government property involved in this contract is outlined in the Statement of Work/Specifications.

INVOICING:

The Contractor may invoice after services have been accepted by the Government. The Contractor shall submit invoices and any applicable information to the Contracting Officer Representative (COR) for approval and processing via the Invoice Processing Platform (IPP). Contractors must sign up in IPP prior to submitting an invoice at www.IPP.gov. It is the Contractor’s responsibility to invoice using IPP. Invoices are paid on a Net 14 day basis from the date a proper invoice is received. Department of Labor Payroll Form WH347 (https://www.dol.gov/whd/forms/wh347.pdf) and daily diaries for that period must be submitted as an attachment to the IPP invoice or emailed to the COR. Invoices will be approved after they have been verified for correctness.

If the Contractor has an existing IPP user name and password from any federal agency that uses IPP, the Contractor must use these to log into IPP and submit an invoice. If the Contractor has never had an IPP user name or password, upon signing this contract, USDA will email the user name and the Dept. of Treasury will email the password. The COR and/or CO may be able to provide assistance with submitting an invoice in IPP after the user name and password have been provided.

UTILITIES

Where available, Contractors may use Forest Service water systems, toilet facilities, and electrical services in the completion of requested work and at no cost to the Contractor. However, due to the location of the projects under the resultant contract, the Government does not guarantee there will be facilities available to use under this contract.

Department of Labor Workplace Posters DOL Workplace Posters shall be located where all employees and/or subcontractors have access to them and are able to read said posters in accordance with FAR 52.203-14. DOL Workplace Posters may be found at https://www.dol.gov/whd/resources/posters.htm.

Biobased Product Utilization The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

(*Sample of biobased products for construction projects)

Fluids

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

Additionally, at the end of performance under this contract, the winning Contractor shall compile a complete list of biobased products and dollar value, purchased to carry out the contract requirements. This information must be reported to http://www.sam.gov , with a copy to the Contracting Officer and COR, prior to submission of the final invoice.

DRAWINGS

The work shall conform to the drawings.

SECTION H—SPECIAL CONTRACT REQUIREMENTS

---NONE---

SECTION I—CONTRACT CLAUSES

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

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

https://www.acquisition.gov/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-12 Limitations on Payments to Influence Certain Federal Transactions (JUN 2020)

52.204-10 Reporting Executive Compensation and First-Tier Contract Awards (OCT 2018)

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

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (JUL 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (AUG 2019)

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)

52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Business Set-Aside (NOV 2011) Alternate 1 (MAR 2020) 52.219-14 Limitations on Subcontracting (MAR 2020) 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) 52.222-3 Convict Labor (JUN 2003)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014)

52.222-9 Apprentices and Trainees (JUL 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 Act Regulations (MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for

Construction (FEB 1999)

52.222-26 Equal Opportunity (SEP 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-37 Employment Reports on Veterans (JUN 2020)

52.222-50 Combating Trafficking in Persons (MAR 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)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

52.224-3 Privacy Act Training (JAN 2017)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (AUG 2018)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds – Construction (JUN 2020) – DEVIATION (JUN 2020) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014)

52.232-16 Progress Payments (APR 2012) Alternate 1 (MAR 2000)

52.232-23 Assignment of Claims (MAY 2014) Alternate 1 (APR 1984) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

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

APR 2020)

52.233-1 Disputes (MAY 2014) Alternate 1 (DEC 1991) 52.233-3 Protest After Award (AUG 1996) Alternate 1 (JUN 1985) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-5 Material and Workmanship (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-16 Quantity Surveys (APR 1984) Alternate 1 (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.243-5 Changes and Changed Conditions (APR 1984)

52.246-21 Warranty of Construction (MAR 1994) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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)

452.236-77 Emergency Response (NOV 1996)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause–

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

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

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

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

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

(b)Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

52.222-35 Equal Opportunity for Veterans.

Equal Opportunity for Veterans (Jun 2020)

(a) Definitions. As used in this clause-

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b)Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c)Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

Alternate I (Jul2014). As prescribed in 22.1310(a)(2), add the following as a preamble to the clause:

: The following term(s) of this clause are waived for this contract: ___NONE______________ [List term(s)].

52.222-36 Equal Opportunity for Workers with Disabilities.

Equal Opportunity for Workers with Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.252-4 Alterations in Contract.

As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.

Alterations in Contract (Apr 1984) Portions of this contract are altered as follows:

52.228-15 Performance and Payment Bonds – Construction (JUN 2020)

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

CONTRACT ADMINISTRATION REQUIREMENTS

1. The Contracting Officer will issue the Contracting Officer Representative (COR) Designation Letter and Department of Labor (DoL) Wage Determination for this BPA at the time of the Call. This COR Designation Letter and DoL Wage Determination shall apply to all orders issued under each individual Call.

2. The COR will be the day-to-day contact for matters pertaining to the awarded contract and will provide assistance to the Forest Service personnel.

ORDER OF PRECDEENCE – CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

1) The Schedule (excluding the specifications)

2) Representations and Other Instructions

3) Contract Clauses

4) Other Documents, Exhibits, and Attachments

5) The Specifications

6) Drawings

SECTION J—LIST OF ATTACHMENTS

ATTACHMENT NUMBER AND NAME

# OF PAGES IN ATCH

ATTACHMENT 1 – Schedule of Items

1 Page ATTACHMENT 2 – Statement of Work

4 Pages

ATTACHMENT 3 –Drawings

6 Pages ATTACHMENT 4 – FS Supplement Specifications

41 Pages ATTACHMENT 5 – DOL Wage Determination

5 Pages ATTACHMENT 6 – Relevant Experience Questionnaire

3 Pages

SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): ALL

· NAICS Code 237310

· Size Standard

$39.5 MILLION

The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (NOV 2015) 52.223-1 Biobased Product Certification (MAY 2012) 52.225-25 Prohibitation on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certificates (OCT 2015)

52.236-28 Preparation of Proposals – Construction (OCT 1997)

52.204-8 Annual Representations and Certifications.

As prescribed in 4.1202(a), insert the following provision:

Annual Representations and Certifications (Jan 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ____237310______________ [insert NAICS code].

(2) The small business size standard is ___$39.5M__________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

□ (i) Paragraph (d) applies.

□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation. This provision applies to solicitation that include the clause at 52.204-7.

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited 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.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

52.204-26 Covered Telecommunications Equipment or Services-Representation.

Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a…