12475619D0001_Schedule_of_items_Statement_of_Work_and_Clauses.pdf

12475619D0001 Roadside Brushing, CNF South Zone

Ocoee/Tellico Ranger District

SECTION B – Supplies or Services and Prices/Costs

SCHEDULE OF ITEMS

Contractor shall perform roadside brushing on an “as-needed”, requirements basis on the Cherokee

National Forest, South Zone on open and closed National Forest Service roads, located in Polk and

Monroe Counties, TN in accordance with the contract schedule of items, statement of work, clauses and attachments.

The contractor shall furnish all equipment, labor, supervision, materials, transportation, and incidentals necessary to perform roadside brushing on open and closed Forest Service roads as indicated on the

Schedule of Items, in accordance with the specifications, terms and conditions as contained herein. For 7' wide Brushing, cut all vegetation 3 inches in diameter a less. For 14' wide Brushing, cut all vegetation 4 inches in diameter and less for a distance of 14 feet from the edge of roadbed or from the bottom of the ditch on both sides of the road, unless directed otherwise by the Contracting Officer Representative. An articulated boom attachment is required for 14' brushing. Work includes cutting a variety of heights, thickness, and types of vegetation, and is not limited to mowing grass.

Items of work shall be as follows:

Item No.

Description of Services Quantity Unit Unit Price

Extended Amount

All Items

FOB: Destination

Ocoee Ranger District

And

Tellico Ranger District

001 Base Year- April 1, 2019 through March 31, 2020

Roadside Brushing, CNF South Zone for:

001A Roadside Brushing, 7’ Wide 10 Mile $375.00 $3,750.00

001B Roadside Brushing, 14’ Wide on Open Roads 5 Mile $800.00 $4,000.00

001C Roadside Brushing, 14’ Wide on Closed Roads 2 Mile $800.00 $1,600.00

Sub Total $9,350.00

Description of Services Quantity Unit Unit Price

Extended Amount

002 Option Year 1

April 1, 2020 through March 31, 2021

002A Roadside Brushing, 7’ Wide 10 Mile $385.00 $3,850.00

002B Roadside Brushing, 14’ Wide on Open Roads 5 Mile $810.00 $4,050.00

002C Roadside Brushing, 14’ Wide on Closed Roads 2 Mile $810.00 $1,620.00

Sub Total $9,520.00

Description of Services Quantity Unit Unit Price

Extended Amount

003 Option Year 2

April 1, 2021 through March 31, 2022

003A Roadside Brushing, 7’ Wide 10 Mile $395.00 $3,950.00

003B Roadside Brushing, 14’ Wide on Open Roads 5 Mile $820.00 $4,100.00

003C Roadside Brushing, 14’ Wide on Closed Roads 2 Mile $820.00 $1,640.00

Sub Total $9,690.00

SECTION C – Statement of Work (SOW)

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

100 – GENERAL REQUIRMENTS

110 – Scope of Contract

The contractor shall furnish all equipment, operating fuel, lubricants, transportation, and other items and incidentals necessary to perform roadside brushing, road clearing, and tree felling as indicated on the

Schedule of Items on an “As Needed” requirements basis in accordance with the specifications, terms and conditions as contained herein.

This is a requirements contract in which all estimated total quantities are shown in the Schedule of Items.

These estimates are not a representation that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal. These estimates were obtained from records of previous and consumption, projected need from work plans, or by other means, and are based on the most current information available.

120 – Placement of Orders

Delivery orders may be placed throughout the contract year. Delivery orders shall be placed in writing and authorized by Eduard E. Savory, Contracting Officer, or Tony Duncan, Purchasing Agent. The standard

Delivery Order form shall be used to place orders. Each delivery order will specify the roads to be serviced and contract time for performance in accordance with the contract.

Contractor shall begin work within three (3) calendar days from receipt and acknowledgment of order. The

Government reserves the right to increase the number of miles to be brushed.

130 – Project Location

Work sites will be within the administrative boundaries of the South Zone of the Cherokee National Forest, Ocoee and Tellico Ranger Districts, located in Monroe and Polk Counties, Tennessee. Specific work site(s) will be as indicated on each delivery ordered as issued.

140 – Schedule of Work

The contractor must notify the COR at least 24 hours in advance of commencement of work on each order so work may be inspected for contract compliance.

200 TECHNICAL SPECIFICATIONS

210 – Equipment Specifications

All equipment utilized shall be of proper size and type, maintained in such condition and operated at sufficient speed and manner so as to achieve the desired result.

All equipment shall have current safety features (deflectors, guards, safety chains, etc.) that are installed by manufacturer.

All mowers shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times.

Mowers with flail cutting heads are not acceptable and shall not be used.

220- Maintenance Requirements

In addition to the required equipment operator, at least one person shall stay with the equipment.

Warning signs shall meet requirements of the MUTCD and shall be placed within 1 mile of equipment.

All vegetation shall be cut to within 3 inches of the ground or to the mower height, whichever is less.

All cut material shall be removed from ditches, pipe inlets and outlets, and the roadway.

No material shall be removed from Government land.

Work on each road shall be completed and approved by the COR prior to starting work on the next road, unless otherwise directed by the COR.

Limit use of hand-tools to only that work necessary to accomplish the following activities:

Branches of remaining trees or shrubs shall be trimmed to give a clear height of 12 feet above the road unless otherwise directed by the CO.

All items include trimming around gates, signs, and guardrails. This shall be accomplished by using chainsaws, string trimmers, or other similar types of hand tools.

Brushing, 7’ Wide

This work consists of cutting all vegetation 3 inches in diameter and less for distance of 7 feet from edge of roadbed or from the bottom of the ditch on both sides of the road, unless directed otherwise by the Contracting

Officer.

Brushing, 14’ Wide

This work consists of cutting all vegetation 4 inches in diameter and less for distance of 14 feet from edge of roadbed or from the bottom of the ditch on both sides of the road, unless directed otherwise by the Contracting

Officer. This work requires an articulated boom.

Hazard Tree Removal

This work will consist of felling Hazard trees identified by the COR or Inspector along roads being brushed or

Mowed. (Hazard Trees are dead or dying trees that are a threat to fall in the roads at some time in the future).

Biobased Products

The contractor shall utilize products and materials 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 COR. Biobased products that are designated for preferred procurement under USDA’s

BioPreferred program must meet the required minimum biobased content as stated at www.biopreferred.gov.

300 – INSPECTION AND ACCEPATANCE

310 - Inspection

Performance shall be inspected by the Contracting Officer’s Representative (COR) or his designated inspector in accordance with Clauses 52.246.4, Inspection of Services – Fixed Price (Aug 1996) as the work progresses.

320 - Acceptance

Acceptance of the work shall be contingent upon approval of the Contracting Officer’s Representative (COR).

400 – Measurement

Measurement for each payment shall be made to the nearest tenth of a mile using an odometer calibrated over a measured mile. The measurement shall be made along the centerline of the road and shall include work completed on both sides of the road, e.g. mowing or brushing both sides of a 1-mile section road; contractor shall be paid for 1 mile.

420 – Payment

Payment shall be made in accordance with Clause 52.232-1, Payments, for miles actually ordered, completed and accepted. Invoices must be submitted through the Invoice Processing Platform (ipp.gov) for payment.

http://www.biopreferred.gov/

SECTION I – Contract Clauses

52.252-2 Clauses Incorporated by Reference

As prescribed in 52.107(b), insert the following clause:

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

(End of clause)

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

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015)

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

Suspended, or Proposed for Debarment. (Oct 2015)

52.219-6 Notice of Total Small Business Set-Aside. (Nov 2011)

52.222-3 Convict Labor. (Jun 2003)

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

52.222-26 Equal Opportunity. (Sep 2015)

52.222-36 Equal Opportunity for Workers with Disabilities. (Jul 2014)

52.222-41 Service Contract Labor Standards. (Aug 2018)

52-222-50 Combating Trafficking in Persons. (Jan 2019)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts.

(Sep 2013)

52.223-5 Pollution Prevention and Right-to-Know Information. (May 2011)

52.223-6 Drug-Free Workplace. (May 2001)

52.232-1 Payments. (Apr 1984)

52.232-8 Discounts for Prompt Payment. (Feb 2002)

52.232.11 Extras. (Apr 1984)

52.232-18 Availability of Funds. (Apr 1984)

52.232.23 Assignment of Claims. (May 2014)

52.232.25 Prompt Payment. (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management. (Oct 2018)

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

52.233-1 Disputes. (May 2014)

52.233-3 Protest after Award. (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004)

52.244-6 Subcontracts for Commercial Items. (Oct 2018)

52.245-1 Government Property. (Jan 2017)

52.246-20 Warranty of Services. (May 2001)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (Apr 1984)

52.249-4 Termination for Convenience of the Government (Services) (Short Form) (April 1984)

52-249-8 Default (Fixed-Price Supply and Service). (Apr 1984) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064684 https://www.acquisition.gov/far

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

Commercial Items.

As prescribed in 12.301(b) (4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial

Items (Jan 2019)

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

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

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

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).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

Div. C).

X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P128_20650

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).

___ (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 (Nov 2011) (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 (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

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

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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 (Nov 2011) (15

U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)

(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

X (33) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (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 (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American-Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

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

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

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

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

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 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).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

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

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d) (12)).

___ (60) (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.

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

[Contracting Officer check as appropriate.]

(1) 52.222-17, No displacement of Qualified Workers (May 2014) (E.O. 13495)

X (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

___ (4) 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).

___ (5) 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).

___ (6) 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).

___ (7) 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 (8) 52.222-55, Minimum Wages under Executive Order 13658 (Dec 2015) (E.O. 13658).

X (9) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial 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 (Jan 2019) (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) 52.219-8, 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.

(v) 52.222-17, No displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights under the National Labor Relations Act (Dec 2010)

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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.S.C.

2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-18 Ordering.

As prescribed in 16.506(a), insert the following clause:

Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 04/01/2019 through 03/31/2020.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause) https://www.acquisition.gov/content/part-16-types-contracts#i1104242

52.216-19 Order Limitations.

As prescribed in 16.506(b), insert a clause substantially the same as follows:

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $25,000.00;

(2) Any order for a combination of items in excess of $25,000.00; or

(3) A series of orders from the same ordering office within two (2) days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements.

As prescribed in 16.506(d), insert the following clause:

Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

https://www.acquisition.gov/content/part-16-types-contracts#i1104242 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1058745 https://www.acquisition.gov/content/part-16-types-contracts#i1104242

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 03/31/2020 and or Option Years have been established and expired.

(End of clause)

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within sixty (60) days

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires.

As prescribed in 22.1006(b), insert the following clause:

Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor

(29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

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

Employee Class: GS-5 $15.49 https://www.acquisition.gov/content/part-17-special-contracting-methods#i1103156 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1096611 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Monetary Wage – Fringe Benefits: Paid Holidays: New Year’s Day, Martin Luther King’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas.

Paid Vacations: 2 hours annual leave week with less than 3 years of service. 3 hours annual leave each week with 3 but less than 15 years of service. 4 hours annual leave with 15 or more years of service.

Health and Insurance: 5.1% of hourly rate.

Retirement: 7% of hourly rate.

(End of clause)

AGRICULTURAL ACQUISTION REGULATIONS (AGAR) CLAUSES INCORPORATED BY

REFERENCE (SEE HTTPS://WWW.USDA.GOV/PROCUREMENT/POLICY/AGAR.HTML for full text)

AGAR 452.211-5 Period of Performance.

As prescribed in 411.404(a), insert the following clause:

PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract will specified on each task order based on five (5) calendar days for each ten (10) miles ordered. Any fraction of a calendar day will be rounded up to a full day.

(End of Clause)

AGAR 452.211-6 Effective Period of the Contract.

As prescribed in 411.404(b), insert the following clause:

EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

The effective period of this contract is from 365 days after award.

AGAR 452.215-73 Post-Award Conference (Nov 1996)

AGAR 452.237-70 Loss, Damage, Destruction or Repair. (Feb 1988)

AGAR 452.237-74 Key Personnel.

As prescribed in 437.110(d), insert a clause substantially as follows:

KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: On-site project superintendent.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the

Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the

Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all https://www.usda.gov/PROCUREMENT/POLICY/AGAR.HTML required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

A post award conference with the successful offeror is required. It will be scheduled within ten (10) days after the date of contract award. The conference will be held at: Cherokee National Forest

Supervisor’s Office, 2800 North Ocoee St, Cleveland, TN 37312.

AGAR 452.237-75 Restrictions against Disclosure (Feb 1988)