RFP_07242019.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 31

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

5. SOLICITATION NUMBER

1252B119R0010 DATE

07/24/2019

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Roger Manning calls) 812-275-5987 LOCAL TIME INFORMATION CALL: 08/14/19 11:00 a.m. e.s.t.

9. ISSUED BY CODE 10. THIS ACQUISITON IS

Hoosier National Forest UNRESTRICTED OR SET ASIDE:100 % FOR SMALL BUSINESS.

811 Constitution Ave EMERGING SMALL BUSINESS

Bedford, IN 47421 HUBZONE SMALL

NAICS: 238910 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $15mil OWNED SMALL BUSINESS

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK

IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

XX RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

IPP

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS

IN

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Furnish all labor, materials, supervision, permits, tools, and equipment required to provide road decommissioning and culvert removal services on the Monongahela NF, WV.

Emailed submissions are preferred to:

rkmanning@fs.fed.us No fax submissions will be accepted.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE

ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

ADDENDA

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON

ANY

DATED .. YOUR OFFER ON SOLICITATION

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED mailto:rkmanning@fs.fed.us

TIN#_________________ DUNS#_________________ Are you registered is SAM? Y N

Email:______________________ Phone__________________ Fax____________

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

BASE PERIOD (365 days from Contract Award) Line Item Title Estimated

Quantities Unit Unit Price Total Price

Mobilization

1 ea

Decommissioning Level 1 2 Linear mile

Decommissioning Level 2 3 Linear

Stream restoration/culvert removal

3 Ea

Ripping

1 Linear

Total Base Period $_______

OPTION PERIOD ONE (365 days from the end of Base Period)

Line Item Title Estimated

Total Option period one $___________

OPTION PERIOD TWO (365 days from the end of Option Period One)

Item Title Estimated

Total Option period two $___________

OPTION PERIOD THREE (365 days from the end of Option Period Two)

Item Title Estimated

Total Option period three $___________

OPTION PERIOD FOUR (365 days from the end of Option Period Three)

Item Title Estimated

Total Option period four $___________

Total Base and all option periods $__________________

The North American Industry Classification System (NAICS) code for this acquisition is 238910 and is set-aside for Small businesses.

Service rates apply to this acquisition.

Pricing:

The pricing offered is considered by the Forest Service to be contractually binding unit ceiling pricing. If a contract is awarded, based on this pricing; the Contractor is bound to this offered pricing as the maximum pricing that can be offered when a task order is solicited. When offering a task order proposal, the IDIQ Contractor can elect to offer less than the contractually established ceiling pricing; however, this reduction is only in effect for that specific task order solicitation/issued task order, and does not constitute a contractual change to the unit ceiling pricing. An IDIQ Contractor can only propose to those task order solicitations where line item pricing is contractually established.

Each period on the schedule is one year in length and the Base period begins on the date of contract award. Price will be evaluated by adding the total price for all 5 periods.

Scope and Statement of Work Road Decommissioning IDIQ

Section C General Information / Description / Specifications

Statement of Work (SOW)

The contractor shall provide for all labor, listed materials, supplies, equipment, transportation, supervision ancillary services, and all other necessary items for the satisfactory completion of this project. Work shall be performed in complete compliance with all Scope of Work statements, negotiated descriptions, plans, drawings, and specifications issued. Work will consist of decommissioning roads and removal of culverts.

Mobilization: Includes furnishing all labor, supervision, materials, equipment, tools, transportation, supplies and incidentals necessary to perform the work in accordance with the specifications and provisions of the contract.

Road Decommissioning: The work includes decommissioning roads and removal of culverts.

Decommissioning requires decompacting the road tread to a depth of 12”, removing the fill material and transferring it to the cut portion of the road prism. This will generally produce a slope of at least 20%, unless the natural topographic slope is less than 20%. Occasionally the prescription may call for a full recontour of the slope (matching the slope above and below the road prism) or only decompaction (no resloping). These specifics will be in the individual task orders. Any slash/ trees needing to be removed from the road prism for access will be placed back on the final grade. Culverts encountered will be removed, and all stream channels will be restored to match conditions up and downstream. All disturbed areas will be seeded with annual rye at a rate of 40lbs/acre. See general notes and details for more information. Roads will be classified as Level 1or Level 2 depending on size and condition of road which relates to the amount of work required to adequately decommission.

• Level 1: Road that was once used as a temporary road, or a system road that is no longer needed.

Road could be from 12 to 20 feet wide and may have ditch relief culverts and/or stream crossing culverts. All culverts will be removed. Stream crossings will be restored to match natural stream conditions up and downstream. Stream crossings will be quoted by individual culvert/crossing.

Road will be decompacted and outsloped to a minimum of 20%. Road decommissioning will be quoted by linear mile. Road specifics will be in the task order.

• Level 2: Road type is typically a skid road or skid trail. Road width is from 8-12 feet wide and may have minimal ditch relief culverts, but stream crossings are less likely. All culverts will be removed, and included in the decommissioning quote. Road will be decompacted and outsloped to a minimum of 20%. Road decommissioning will be quoted by linear mile. Road specifics will be in the task order.

Stream restoration/ Culvert removal: When encountering a stream channel on a decommissioned road, the stream channel will be restored to match natural conditions up and downstream from the road prism.

This includes removing fill material around the culvert and in the crossing, removing the culvert, restoring the channel to match the width, depth and slope conditions up and downstream and mulching the area (20’ on both sides of the crossing) with straw mulch. Culvert will be properly disposed of off of FS lands.

Ripping: This work requires ripping the road bed to a depth of 18-36”. This work will be performed on Level 2-type roads. Furrows shall be no more than 2’ apart, with the width of the road typically ripped in a single pass. Depths may vary per road and will be specified in the task orders. This work would typically be completed with a dozer or skid steer with a double or triple adjustable shank. All disturbed areas will be seeded with annual rye at a rate of 40lbs/acre. Ripping will be quoted per linear mile.

The governing specifications for this contract, The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14, USDOT, will be modified in accordance with the following language.

211-ROAD OBLITERATION

Add the following:

Outsloping In areas requiring outsloping, all road surfaces not being excavated will be decompacted to a minimum of 12 inches. Material from the fill slope will be excavated to obtain the minimum outslope required for each area as identified in the project drawings and associated table. Outsloping will be completed in a manner that results in a gradual transition between the newly established grade and the existing slopes immediately adjacent to the treated areas. Where the natural slope above and below the road corridor is less than the degree of outsloping prescribed for the road (for example, 20%), the final outslope of the road shall match that of the natural grade. If material on site is not sufficient to obtain the outslope prescription, the greatest degree of outsloping that can be attained with the material on site shall be sufficient.

In areas only requiring decompaction of the road surface, the entire road surface will be decompacted, with any ditch or significant low spot filled in to prevent puddling or channeling of water.

In areas requiring full recontour, all fill material shall be brought to the cut slope in order to achieve a gradient as close as possible to the natural slope above and below the road. All road surfaces not being excavated will also be decompacted to a minimum of 12 inches. Material will not be brought in to achieve this recontour.

Where two roads intercept, the outsloping at this intersection shall be continuous.

Where roads cross streams, stream channels will be reconstructed to reflect and blend with more natural channel properties (channel width, depth, and gradient) found upstream and downstream from the road crossing. Further direction is provided in the General Notes, Project Drawings, and Road Logs.

All disturbed areas will be seeded.

Task orders will specify length of each level of road to be decommissioned.

Roads will be classified as either level 1 or level 2

Channel Restoration Sites and Stream Crossings Stream channels will be reconstructed at road crossings to reflect and blend with more natural channel conditions found upstream and downstream of these crossings. This work will conform to direction found in the General Notes, Project Drawings, and Road Logs.

Vernal Pool Creation The Road Logs identify locations where small, shallow vernal pools will be created. Vernal pools will be created by excavating a shallow concave area that spans approximately 75% of the road width, possesses a maximum depth of 18 inches, and has a length as specified in the Road Logs or by designated Forest Service representative. The area that will function as the bottom of the vernal pool will not be decompacted in order to facilitate seasonal puddling of water for various wildlife species.

625 – SEEDING AND MULCHING

625.03 Seeding Season

Replace with:

Application of seed and mulch will be completed on disturbed areas within seven days of the disturbance.

The seeding season will generally occur between April 15 and October 15.

625.07 Application Methods for Seed

(a) Dry Method Seed mixture and application rates are as follows:

SPECIES APPLICATION RATE

Annual Ryegrass (Lolium multiflorum) 40 pounds per acre

625.08 Application Methods for Mulch

(a) Dry Method.

Straw mulch will be required at the rate of 3,000 pounds/ac for the area within 20 feet on either side of stream channels at stream crossings and channel restoration sites.

GENERAL NOTES

Governing Specifications The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14, USDOT, shall be the governing specifications for this project. The contract documents, details and drawings are the governing provisions applicable to this project.

Project Areas Project areas will be within the Monongahela National Forest, and will be specified in the specific task orders.

Project Area Access Damages to Forest Service roads resulting from equipment mobilization must be rehabilitated. Example:

damage to road surfaces, inside ditches, or drainage structures must be repaired.

Other Contracts Contract work shall not interfere with or inhibit work associated with other contracts in the area.

Equipment Cleaning Equipment and vehicles used during the project shall be free of soil, seeds, vegetative debris, or other matter that could contain seeds or plant parts when such equipment arrives on National Forest land. Any necessary cleaning of equipment and vehicles shall not be conducted on National Forest land. Equipment must pass inspection by the contract administrator upon arrival to the project area.

Waste Sites Anticipated waste sites for earthen spoil material have been identified immediately adjacent to locations where they may be needed for this project.

Tree Cutting or Removal No red spruce trees over 10” dbh or hardwoods over 6” dbh with a visible cavity will be cut or removed for this project. Trees meeting these criteria are not anticipated to be encountered. However, if such trees are encountered along roads that are required to be outsloped, they will not be disturbed. Outsloping prescriptions will be achieved by working around these trees.

Damages to other larger trees that do not meet the above criteria should also be avoided when doing so would not compromise achieving the objectives of the prescribed road treatment.

Decompaction of Road Tread Existing road tread will be decompacted to a minimum depth of 12 inches. This will be completed in areas of outslope, concave areas and decompaction only areas.

Decommissioning In areas requiring decommissioning, the road will be outsloped to the percent slope required (minimum 20% unless otherwise noted in the road logs) by removing road fill material and placing it on the cut slope and inside portion of the road. This will be completed in a manner that results in a gradual transition between the newly established grade and the existing slopes immediately adjacent to the treated areas.

Where the natural slope above and below the road corridor is less than the degree of outsloping prescribed for the road, the final outslope of the road shall match that of the natural grade. Roads segments with a full recontour prescription will require similar actions as other outsloping prescriptions except all the road fill material will be removed and placed on the cut slope to achieve a final slope that restores the natural slope as much as possible.

If material on site is not sufficient to obtain the prescribed degree of outsloping or full recontouring, the greatest degree of outsloping that can be attained with the material on site shall be sufficient. No additional material will be brought in to achieve the outslope prescription.

Outsloping at the intersections of two or more roads will reflect a continuous outslope of the excavated intersection.

Stream Restoration Sites Stream crossings will be excavated to reflect and blend with more natural conditions found upstream and downstream from the road crossing. Banks will be no steeper than 2:1 unless natural conditions dictate otherwise. Stream crossings for seeps will usually require less excavation and will not require this minimum bank slope. Stream crossings with a prescription of ‘maintain channel crossing’ does not need additional excavation but the dimensions and orientation of the channel shall be maintained during the project so that its condition remains unchanged after work is completed. The location for stream crossings are identified in the task order. The cost for stream crossings will be included in item 211.01(a) of Stream restoration/ culvert removal.

Areas of No Excavation In areas requiring no excavation, any ruts that develop as a result of this project shall be removed. Ruts in this context shall be defined as tracks caused by equipment which extend deeper than 2 inches into the pre-existing surface and continue for a length of more than 40 feet. Any bare soil associated with new disturbance in these areas shall be seeded with the specified seed mix following construction and demobilization.

Ripping This work requires ripping the road bed to a depth of 18-36”. This work will be performed on Level 2-type roads. Furrows shall be no more than 2’ apart, with the width of the road typically ripped in a single pass. Depths may vary per road and will be specified in the task orders. This work would typically be completed with a dozer or skid steer with a double or triple adjustable shank. All disturbed areas will be seeded with annual rye at a rate of 40lbs/acre.

Removal of Existing Drainage Structures Existing culverts will be removed from the project area and public land, and will become property of the contractor/partner. All culverts that are encountered along the decommissioned portion of the road(s) should be removed during project implementation. The cost for removal shall be included in item 211.01(a) Stream Restoration/ Culvert Removal for Level 1 roads, and included in item 211.01(a) of Road Obliteration for Level 2 roads.

Removal of Trees and Vegetation No red spruce trees over 10” dbh or hardwoods over 6” dbh with a visible cavity will be cut or removed for this project. Trees meeting these criteria are not anticipated to be encountered. However, if such trees are encountered along roads that are required to be outsloped, they will not be disturbed. Outsloping prescriptions will be achieved by working around these trees.

Damages to other larger trees that do not meet the above criteria should also be avoided when doing so would not compromise achieving the objectives of the prescribed road treatment.

All trees that must to be felled to facilitate road obliteration will be left on site. Felled trees will be evenly scattered across the surface of the final grade or placed in stream crossings as directed by contract administrators. Trees will not be windrowed on the final grade. The cost for vegetation removal shall be included in item 211.01(a) of Road Obliteration.

Sediment and Pollution Control Potential sediment runoff generated by this project (including project travel routes to and from active work sites) will be controlled from reaching aquatic habitats. This may require the use of sediment barriers such as temporary straw bale placement or other effective sediment barrier materials. Sediment control features must be maintained to function properly throughout project operations. Sediment that becomes trapped behind sediment barriers must be relocated and suitable sites where they can be stabilized. Synthetic materials used for sediment control purposes will be removed upon completion of the project.

Heavy equipment shall be furnished with an emergency spill kit, including fluid absorption pads, to contain potential fluid leaks or spills of hazardous material. Any equipment leak or spill shall be reported to the Forest Service project representative(s) as soon as possible.

Seeding and Mulching All areas with disturbed soils shall be seeded within 7 days of achieving the design prescription. Seeding must be done in a manner that does not compact or leave ruts in the finished grade. Straw mulch must be place on all areas within 20’ of live running water and stream restoration sites. See project details for more specifications. The cost for seeding will be included in item 211.01(a) of Road Obliteration.

Waste Materials All trash in the project area, whether pre-existing or produced as a by-product of activities required in this contract, shall be removed from National Forest Systems lands and disposed of properly.

Final Grade The final grade of all excavated areas shall be bucket placed to eliminate the potential for soil compaction or rutted surfaces.

Utilities It is the responsibility of the contractor/partner to contact MISS UTILITY (1.800.245.4848) prior to beginning construction on this contact to determine the need for special precautions related to public utilities.

Issuance of Task Orders Work will be accomplished through, task orders (TO), issued against an indefinite delivery, indefinite quantity (IDIQ) contract. It is the intent to have multiple IDIQ contractors. The PBSC-Statement of Work (SOW) shall consist of completing the ordered tasks to the Acceptable Quality Level (AQL) required.

The awarded contract and TOs shall constitute the entire agreement including all terms and conditions applicable to the contract. TOs may or may not be further competed among the awarded IDIQ contractors.

The Forest Service will normally compete each TO amongst the group of IDIQ contractors; however, the Forest Service can elect to issue a TO without competition. Reasons for not competing an order include:

1) meeting the contract minimum guarantee (base year only), 2) new work that ties directly with work previously completed by one of the IDIQ contractors, or 3) an emergency situation.

Each TO that is competed will be done as best value, to include price and a technical submission. Past Performance and other technical factors will be more important than price in the task order evaluation.

The technical submission will include a draft Work Plan and Schedule. The draft Work Plan and Schedule should include a start date, production rate, completion date, labor, and equipment list. The Contractor shall demonstrate the ability to complete all tasks for completion of the work required by this Contract.

If issued the TO, the Contractor will then submit a final site-specific Work Plan and Schedule for approval by the COR. The approved Work Plan and Schedule will indicate how the Contractor intends to meet the required Acceptable Quality Level (AQL) values, as referenced in the Quality Assurance Plan, as well as the contract specifications. The Work Schedule will provide dates of work for each Contract Line Item Number (CLIN) addressed in the TO, to include completion of all work before the required final date specified. The Contractor shall inform the COR of completion of each TO line item. The Work Plan for the awarded TO shall include any changes in values or proposed chemicals differing from the initial Work Plan, and the Contractor will inform the COR of any relevant changes to the technical specifications when performing work under the TO.

Inspections The Contractor may set up the Work Plan and Schedule to include interim inspections; however, interim inspections will only be done upon completion of at least one line item (CLIN). The Contractor shall complete the CLIN work according to the approved Work Schedule then request an inspection by the

COR.

Invoicing Invoicing is tied to successful inspection of work. The Contractor may only invoice after the COR has inspected the line item(s) work and the work is determined to have met the AQL. This applies to both interim and final payments.

Safety Plan The Contractor will provide a written safety plan that demonstrates how the contractor will ensure a safe work environment for themselves, their employees. The safety plan should include: 1) a chemical spill plan documenting internal procedures, in the event of a chemical spill on-site or in transport, 2) documentation to substantiate that the Contractor has an ongoing safety training program, 3) documentation regarding any Occupation Safety and Health Administration (OSHA) actions/citations issued against the Contractor within the previous three (3) years, to include follow-up measures or remedies taken by the Contractor.

The same safety plan information is required of subcontractors.

BLANK PAGE

Mobilization - Mobilization consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site. Mobilization includes the obtaining of permits, insurance, and bonds. All equipment and trailers shall be washed with all mud, debris, weeds, grasses, and seeds removed prior to being allowed on the project. Equipment shall be cleaned of grasses, weeds, and seeds prior to leaving one dam area and moving to another. The Forest Service shall inspect all equipment prior to being unloaded off the transport vehicle.

The Contractor shall give the Forest Service a minimum of 48 hour notice prior to beginning any work.

Continuation of SF1449 Block 27: The full text of a Federal Acquisition Regulation (FAR) or Department of Agriculture Acquisition Regulation (AGAR) clause or provision may be accessed electronically at http://www.acquisition.gov/far/

CONTRACT CLAUSES

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

FAR 52.204-21 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.

http://www.acquisition.gov/far/ http://uscode.house.gov/

(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.

52.212-4 Contract Terms and Conditions – Commercial Items (Deviation 2017-1) (OCT 2018) (Deviation 2017-1 modifies paragraph to remove reference to 41 U.S.C. 4712).

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

(Deviation 2017-1) (OCT 2018)

(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 and 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 (June 2010) (Section

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

_X_(3a) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower

Rights (April 2014) (41 USC 4712) (Deviation 2017-1) _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].

_X_ (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).

_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).

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1159972 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926

__ (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 Set-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.

_X_ (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)).

_X_ (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. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (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).

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

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

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

_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 (Mar 2015) (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_ (34) 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.)

__ (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.

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__ (39)(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.

__ (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. 13693) __ (45)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

__ (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).

_X_ (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.

(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.] _X_ (1) 52.222-17, Nondisplacement 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).

_X_ (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).

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