12467020R0075 SF1449 Continuation Pages (23 pages).pdf

Multi-Site Demolition of Recreational Structures Solicitation#: 12467020R0075

SF1449 Continuation Pages

PROPOSAL DUE DATE: 7 July 2020 AT 12:00 PM EST via e-mail: Tina.Pettyjohn@usda.gov

FAR 52.237-1 SITE VISIT (APR 1984)

Offerors or quotes are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

PRE-PROPOSAL SITE VISIT: A site visit is scheduled for:

Thursday, June 25th, 2020 as shown:

10:00am Lick Fork Lake, Bldg. 724; Lat/Long = 34.7015, -81.44973 11:30am Parsons Mountain, Bldg. 334: Lat/Long = 34.09982, -82.35751 2:00pm Woods Ferry, Bldg. 809: Lat/Long = 33.72937, -82.04076

Friday, June 26th, 2020 as shown:

10:00am Chattooga River Cabin; Lat/Long = 34.905210, -83.180410

You must RSVP for the site visit(s) by COB June 22nd, 2020 via e-mail: Tina.Pettyjohn@usda.gov and mike.g.alcorn@usda.gov

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

Price Proposal shall include the following:

1. Acknowledgement of Solicitation SF 1449, signed and dated, (1 page)

2. Attachment 1, Schedule of Items (4 pages)

3. SF 1449 Continuation Page – complete this page below (1 page)

Technical Proposal

1. Attachment 6, Relevant Experience Questionnaire

2. Representation & Certification if not updated at www.sam.gov

3. Acknowledgement of Amendments SF 30, signed and dated (if 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). ___ YES ___ NO

COMPANY NAME: ______________________________________________________________________

TAX ID# ___________________ DUNS# ________________________ CAGE# _________________

POINT OF CONTACT ___________________________________________________________________

EMAIL ADDRESS ______________________________________________________________________

PHONE # _____________________________ CELL PHONE ___________________________________

FAX # ____________________________

BID SCHEDULE/SCHEDULE OF ITEMS

See Attachment 1 –Schedule of Items (SOI)

LIST OF ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Title Pages

i. SF 1449 Solicitation for Commercial 2

ii. SF 1449 Continuation Pages 23

1. Attachment 1, Schedule of Items 3

2. Attachment 2, Specifications/SOW 29

3. Attachment 3, Asbestos Reports/Variance Request:

Description:

3a Woods Ferry Campground Asbestos Reports 21 3b Parsons Mountain Campground & Rec Site Asbestos Rep 29 3c Lick Fork Lake Recreation Site Asbestos Reports 25 3d Chattooga Cabin Asbestos Reports 30 3e Wood Ferry Bath House Variance Request 2

4. Attachment 4, Wage Determinations:

Description:

4a Oconee & Abbeville County/WD: 2015-4452 Rev 14

4/28/2019

4b Edgefield County/WD: 2015-4466 Rev 12 12/23/2019 13 4c Union County/WD: 2015-4438 Rev 13 12/23/2019 13

5. Attachment 5, Maps Description:

5a Woods Ferry CG Area Map 1 5b Parson Mountain Campground Area Map 1 5c Lick Fork Recreation Area Map 1

6. Attachment 6, Experience Questionnaire 3

INTENT AND LOCATION OF CONTRACT:

The Government intends to make a single award but reserves the right to make multiple awards resulting from this solicitation as Firm Fixed Price contract(s) for Multi-Site Demolition of Recreation Facility on the Francis Marion, Sumter National Forest, South Carolina. The period of performance will 90 days after receipt of award.

The Contractor shall furnish all labor, equipment, transportation, incidentals, and supervision necessary to deliver and retrieve the equipment to the locations annotated in the Statement of Work in accordance with the terms, specifications, and provisions of this solicitation and resultant contract. All supplies used for this contract will be in accordance with the Sustainable Acquisition Policy (FAR 23.1) and Environmentally Preferable Products and Services (FAR 23.7).

All questions must be submitted to Tina Pettyjohn, tina.pettyjohn@usda.gov NLT COB June 30th, 2020.

SPECIFICATIONS/STATEMENT OF WORK

See Attachment 2 – Specification/SOW

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

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced below.

AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Attachments listed below are hereby made a part of this solicitation and any resultant contract.

SPECIFICATIONS/STATEMENT OF WORK:

See Attachment 2 –Statement of Work (SOW)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.246-1 Contractor Inspection Requirements (APR 1984)

DELIVERIES OR PERFORMANCE

PERFORMANCE REQUIREMENTS

The Contractor is required to adhere to all requirements and Standard and Special Specifications in the contract.

PERIOD OF PERFORMANCE

Date of Award and 90 days thereafter.

CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION

a. The Contracting Specialist (CS) responsible for award of this contract:

Tina Pettyjohn USDA Forest Service 4931 Broad River Road Columbia, SC 29212

(803) 561-4013 email: tina.pettyjohn@usda.gov

b. The Contracting Officer (CO) responsible for administration of this contract: David Mitchell or a Contracting Officer on the Team.

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 Government Technical Monitor will be designated in writing at the time of contract award. A copy of the designation will be furnished to the Contractor upon award.

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 inactions 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 always required to stay in communication with the designated Contracting Officer’s Representative (COR).

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 services 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.

GOVERNMENT QUALITY ASSURANCE

The Government will monitor services to ensure that the Contractor is providing quality material to meet the performance standards. Visual observation and physical checks will be used. The Government reserves the right, if deemed necessary, to reject work deemed unsatisfactory for this contract.

Government inspections will be documented and placed in the COR’s file. If the employee’s supplies do 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 supplies and services under this contract shall be made by the Contracting Officer's Representative (COR) or the designated Government Technical Monitor as the work progresses and at such intervals as are necessary to ensure compliance with the contract specifications and provisions. If the services are not acceptable by the COR, the contractor shall perform said services to the satisfaction of the COR in accordance to this contract at no cost to the government. Upon acceptance by the COR, the contractor must 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.

PERFORMANCE EVALUATION

Performance will be measured by scheduled and random observation to assure that all contract requirements are being met.

Negative performance will result in rework at no additional cost to the Government. If rework is not possible or does not occur, deductions may be withheld from invoice(s).

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.

MEETINGS

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

INVOICING:

The Contractor must 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 30-day basis from the date a proper invoice is received.

If the Contractor has an existing IPP username 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 username or password, upon signing this contract, USDA will email the username 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 username and password have been provided.

CERTIFICATION OF COMPLIANCE

Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change. The Government may conduct verification inspections to ensure Contractor's compliance.

The following clause(s) are hereby incorporated by reference or full text as appropriate:

Note: In compliance with the paper reduction act, FAR Clauses 52.212-3, 52.212-1 and 52.212-2 and addendums attached thereto, which apply only to the solicitations phase, are not duplicated after contract award. However, they are incorporated by reference into the resulting contract.

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: David Mitchell (803) 561-4015

4931 Broad River Rd.

Columbia, SC 29212

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Price contract resulting from this solicitation

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. Full text of a clause may be accessed electronically at this/these address(es): www.acquistion.gov www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.228-5 Insurance – Work on a Government Installation (Jan 1997) 52.232-11 Extras (APR 1984)

52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-14 Suspension of Work Order (APR 1984) 52.245-1 Government Property (Jan 2017) 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, Or

52.253-1

Removal of Improvements (APR 2012) Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions against Disclosure (FEB 1988) 452.237-77 Emergency Response (NOV 1996)

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

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Statement of Work, and all other requirements asked for in the contract clauses.

AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)

The effective period of this contract is from _date of award through _90 days.

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 90 calendar days 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 calendar days from the start date. The time stated for completion shall include final cleanup of the premises.

FAR 52.246-13 INSPECTION - DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS (AUG 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is always subject to Government inspection and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may—

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

FAR 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

(c) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(d) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(e) The Government has the right to inspect and test all services called for by the contract, to the extent practicable always and places during the term of the contract.

The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(f) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(g) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(h) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: TBD after award unless otherwise changed by mutual agreement.

Note: The Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the post award conference.

POST AWARD CONFERENCE

The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression plans (reference clause AGAR 452.215-73. Post Award Conference.

The Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the post award conference.

FAR 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION

SERVICES (APR 2012)

(c) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(d) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(e) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(f) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(g) Government property provided under this clause:

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of 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 a proper contractual document 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 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.

The COR(s) on this contract is will be determined after award.

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

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: "

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

JOB SPECIFIC SAFETY PLAN

Prior to the prework meeting, the Contractor shall provide a written job specific safety plan that recognizes the inherently hazardous conditions that will exist on this contract. Some of these hazardous conditions are, but not limited to heavy equipment operation, loading and unloading of materials, site security, noises and dust, asbestos, possible mold and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA Regulations. The plan shall include all tasks and related activities anticipated to successfully complete the work

WARNING SIGNS AND RESTRICTIONS

Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.

NOXIOUS WEED CONTROL

(1) In order to prevent the potential spread of noxious weeds onto National Forest lands, the Contractor shall be required to furnish the Forest Service with proof of weed-free equipment.

(2) Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the South Carolina of Agriculture or by other appropriate agencies having jurisdiction.

(3) All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. Cleaning shall occur off Federal lands.

(4) The restriction shall include equipment and vehicles intended for off-road use, as well as on road use, whether they are owned, leased, or borrowed by the Contractor or subcontractor.

(5) Cleaning shall consist of the removal of all mud, dirt, grease, debris, and any other materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

(6) Equipment, materials and vehicles shall be certified in writing to be reasonably clean and weed free and will be visually inspected by the COR or designated inspector. Inspections will take place at a location designated by the COR in advance of equipment and material arrival. Equipment and vehicles are expected to proceed directly to the job site following the inspection.

WASHING OF EQUIPMENT

Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams 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.

The Contractor shall wash all equipment except for hauling vehicles prior to entering National Forest Land. Remove all soil which could contain noxious weed seed. Remove grease and oil from drive mechanisms which would be discharged into the stream when equipment is operating. Prior to transporting equipment to the site, assure that the equipment’s hydraulic, lubrication, and fuel systems are free from leaks.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

(h) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, 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 workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(i) 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 locations of which are made known 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.

AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below: (a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers. (b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss. (d) Aircraft Public and Passenger Liability.

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

(End of addendum)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JUN 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public

Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)).

(k) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 20205) (41 U.S.C.3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

(10) [Reserved].

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

___(ii) Alternate I (Nov 2011) of 52.219-3.

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

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

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

(ii) Alternate I (Mar 2020).

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

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

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) &(3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__(ii) Alternate I (Nov 2016) of 52.219-9.

__(iii) Alternate II (Nov 2016) of 52.219-9.

__(iv) Alternate III (Jun 2020) of 52.219-9.

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

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

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

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.637(d)(4)(F)(i)).

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

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

__(ii) Alternate I (Mar 2020) of 52.219-28.

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

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

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

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

X (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

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

13126).

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

X (30) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

Multi-Sites Demolition of Recreational Structures on the Francis Marion, Sumter National Forest, SC

12467020R0075

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

X (35)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

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

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

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

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

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

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

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

(49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

__(ii) Alternate I (May 2014) of 52.225-3.

__(iii) Alternate II (May 2014) of 52.225-3.

__(iv) Alternate III (May 2014) of 52.225-3.

(50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(12)).

(63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

___(iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.] X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(m) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the dispute’s clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.

This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL

2018) (Section 1634 of Pub. L. 115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

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

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

chapter 67).

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

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

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

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

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

chapter 67).

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN

2017) (E.O. 13706).

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

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

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