12639520Q0047.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

12639520Q0047 12/11/2019

Jason.l.wilking@usda.gov Jason Wilking

X 100

USDA APHIS MRPBS AAMD

250 Marquette Ave Suite 410 Minneapolis MN 55401

USDA APHIS MRPBS AAMD

250 Marquette Ave Suite 410 Minneapolis MN 55401

Invoice processing Platform (IPP)

Invoices will be processed through IPP www.IPP.gov

See schedule on page 3

113310

12/20/2019 1:30 pm Cen

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Schedule

ITEM DESCRIPTION QTY UNIT TOTAL

001 Tree Harvesting and Transportation 1 Job $_____

Services: Plymouth, WI

002 Tree Harvesting and Transportation 1 Job $_______ Service: Greenbush, WI

003 Tree Harvesting and Transportation 1 Job $_______ Services: Forest, WI

TOTAL (Items 001 – 003) $_______

TECHNICAL CAPABILITY AND EXPERIENCE QUESTIONNAIRE

Company Name (Prime Contractor):

DUNS Number:

Business Point of Contact (Name, Title, Email/Phone):

1. Describe the number of crews, crew sizes, and equipment resources to be utilized for this project.

(Attach additional pages as needed.)

2. Describe the schedule for completing all work within the required time period.

For evaluation purposes, the estimated time for completion is ____ Attach additional pages as needed.

(1) Tree harvesting activities

(2) Transportation of material to MI

(3) Unloading of material in MI

3. Attach evidence of current certificate from the International Society of Arboriculture (ISA) for the proposed arborist OR State Master Logger Certification (any state). Certifications submitted for a proposed subcontractor must include a letter of commitment.

4. Provide at least three (3) examples of recent and relevant contracts for same or similar services.

Examples shall demonstrate that the quoter (prime contractor and/or subcontractors) has relevant experience performed within the past five years. Relevant experience is defined as forest tree harvesting operations. (Attach additional pages as needed.)

a. Past Performance Reference #1:

Reference Name:

Agency/Firm Name:

Email Address and Phone Number:

Project Title/Description:

Contract Number:

Contract Award Amount:

Contract Award Date:

Contract Completion Date:

Work Performed as: __Prime Contractor __Subcontractor __Joint Venture ___Other (Explain) Description of Self‐Performed Work (Describe how this project is relevant to this requirement):

List any concerns with quality of work, timeliness, and customer service that your reference may address.

Describe the circumstances that led to those concerns and any corrective action taken by your firm.

b. Past Performance Reference #2:

Reference Name:

Agency/Firm Name:

Email Address and Phone Number:

Project Title/Description:

Contract Number:

Contract Award Amount:

Contract Award Date:

Contract Completion Date:

Work Performed as: __Prime Contractor __Subcontractor __Joint Venture ___Other (Explain) Description of Self‐Performed Work:

List any concerns with quality of work, timeliness, and customer service that your reference may address. Describe the circumstances that led to those concerns and any corrective action taken by your firm.

1.0 Introduction

The mission of Plant Protection and Quarantine (PPQ) is to safeguard U.S. agriculture and natural resources against the entry, establishment, and spread of economically and environmentally significant pests, and to facilitate the safe trade of agricultural products. The emerald ash borer (EAB) is a non‐ native wood‐boring beetle that is devastating ash trees in the United States. Since its discovery in Michigan in 2002, APHIS, in conjunction with state and other federal agencies, has led an aggressive campaign to slow the spread of the pest with quarantines, surveys, tree removal, and public outreach programs. In spite of these efforts, the range of EAB has expanded to 35 states. To control the pest, PPQ has implemented an EAB biological control program. A major goal of this program is to release a parasitoid in every known infested county in the Nation. In order to achieve this goal, trees infested with EAB are harvested to support mass rearing efforts of four natural enemies of EAB.

1.2 Objective

This USDA APHIS Plant Protection and Quarantine (PPQ) has a requirement for a contractor to perform tree removal, bucking, disposal, transportation, and loading services. The predominant purpose for these services is to acquire Emerald Ash Borer Beetles (EAB) from harvested infested trees to maintain EAB biological control production.

1.3 Type of Contract

This is a commercial firm‐fixed‐price contract.

1.4 Scope of Work

The USDA PPQ is contracting for harvesting of 512 EAB infested trees located within the counties of Fond Du Lac and Sheboygan in the state of Wisconsin. (See Exhibit A, Site Summary.)

Services involve, but are not limited to, tree removal, disposal, transportation, bucking, loading, and stacking services. The Government will be responsible for marking trees for removal. Trees shall be harvested and then transported to Government facilities in Howell, MI and/or Brighton, MI.

The contractor must maintain crews at sufficient levels to support the harvest schedule.

1.5 Period of Performance

All work for this contract, with the exception of site restoration and final clean‐up of the premises, shall be completed by March 1, 2020. The completion date is based on the assumption that the successful quoter will receive notice of award by January 2, 2020. The completion date will be extended by the number of calendar days after the above date that the contractor receives notice of award. Timely performance is critical to avoid emergence of the EAB from harvested material. Site restoration and final clean‐up shall be completed by March 15, 2020.

1.6 Tree Harvesting and Transportation

Trees shall be harvested from the following locations:

Base Requirement

Location State County City GPS Trees Marke d

Avg.

Tree

DBH

Jarosch Site Wisconsin Sheboygan Plymouth 43.7911, ‐87.9721 137 7.4

Wade House Wisconsin Sheboygan Greenbush 43.776985, ‐88.088341 220 9.9

Mullet Creek Wisconsin Fond Du Lac Forest 43.758831, ‐88.17159561 155 11.3

The trees to be harvested will be marked by the Government with orange flagging and numbered tags prior to commencement of work. The numbered tags will be returned to the Government upon arrival of transported logs to storage facilities.

Care has been taken by the Government to select trees that are “easy” to fell (See Exhibit A, Site Summary). A list of trees to be removed and transported is provided in Exhibit B, Tree Inventory.

Transportation of Harvested Material The contractor shall be responsible for transporting whole trees (everything ≥ 2 inches in diameter). Trees may be bucked into 20in sections at harvest site or at destination. The contractor shall transport trees to the following facilities (located ~10 miles of each other):

United States Department of Agriculture Biological Control Facility 5936 Ford Ct., Suite 500 Brighton, MI 48116

Michigan Department of Natural Resources Tree Improvement Center 4631 Bishop Lake Road Howell, MI 48843

The Brighton facility may reach capacity during the unloading process and, as determined by the Government, may require remainder to be delivered to the Howell facility at no additional cost to the Government.

1.7 Permits and Licenses

See Exhibit C, Site permits.

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary certifications, licenses and additional permits to complete the full scope of work, such as a permit for temporary road closures or to transport infested wood out of or through quarantines. The Contractor shall comply with any Federal, State, and Municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall be responsible for implementing the terms and requirements of the permits held by the Government or the contractor.

1.8 Applicable Documents

The publications listed below form a part of this performance work statement to the extent referenced.

Regulations and Quarantines

1.8.1 Emerald Ash Borer (EAB)

1.8.2 Gypsy Moth (GM)

https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/emerald-ash-borer/ct_emerald_ash_borer https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth

Best Management Practices Guidelines

1.8.3 Wisconsin

Safety

1.8.4 OSHA

1.8.5 ANSI

1.9 Performance Requirements

The contractor must perform the work as follows:

a. Wood Harvest

1. Work at harvest sites, including loading transport vehicle must take place during normal business hours (7:00am – 6:00pm local time).

2. The contractor shall provide the Government with at least a 24 hour notice that work will be finished at the current site. The Government will inform the land owner of the Contractor’s plan and coordinate access to the next site.

3. Staging

a) Location of sites to stage trees and equipment will be determined by land manger and indicated on sites maps.

b) Posting adequate signage notifying the public of logging operations and equipment storage in these designated areas is mandatory as noted in this section.

c) All requirements for remediation and clean‐up set forth in this section apply to the staging and bucking areas as well.

4. Access properties in a manner so as to avoid damage to the landscape and/or property.

5. Remove USDA tree identification tags from harvest trees and return to USDA personnel.

6. Remove the designated infested trees without damage to neighboring trees.

a) Trees must be removed using acceptable industry practices for such removals.

b) The work site shall be accessed from public roadways when possible. The contractor must prevent traffic hazards by erecting barricades, lights or signs at the contractor’s expense. The contractor shall have staff dedicated to the direction of traffic anytime lanes of traffic are blocked by equipment or fall within the work zone. The contractor is required to follow the rules and regulations of all other agencies and all authorities who have jurisdiction to safeguard the public. No thoroughfare of any kind shall be closed without the coordination and written consent of the land manager or the appropriate delegated party. The contractor is advised to post signs prior to commencing work informing the public that tree removal work is occurring. Stapling, nailing or tacking of signage to trees or utility poles is strictly prohibited. All signs are to be removed upon completion of work at the end of each day.

c) Collateral trees https://dnr.wi.gov/topic/ForestManagement/bmp.html https://www.osha.gov/SLTC/logging/standards.html https://wwv.isa-arbor.com/store/shop

i. Collateral trees are defined as any non‐targeted tree that needs to be removed in order to fell selected (targeted) ash trees. Unmarked trees can only be cut with approval from USDA personnel. Costs associated with removing and disposing of collateral trees are included in the established unit prices and will not be separately reimbursed.

ii. The contractor shall coordinate removals so that all work can be completed in the most efficient way possible, with the least amount of collateral damage incurred. The contractor shall minimize damage and removal of collateral trees to the maximum extent practicable.

iii. Non‐target trees that are significantly damaged will be cut up and disposed of following the methods for disposal of ash tree portions left behind.

iv. Excessive collateral damage including permanent scarring of non‐ targeted trees is not acceptable and will result in the Government’s remedies described in Section 1.11 of this Performance Work Statement. “Tree Removal Operations and Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements”.

7. The whole tree, from 2 inches in diameter and greater, will be included in the harvest. Trees are to be cut as close to level with the ground as possible, but left no taller than 4 inches.

8. Harvested trees will be cut into segments no longer than 23 inches and no shorter than 20 inches. Logs that are greater than 10 inches in diameter will be split into smaller sections. The width of any split section will not be greater than 10 inches at the widest point.

9. Dispose of the waste and collateral trees. This will be the responsibility of the contractor.

a) All tops and brush debris will be mitigated as indicated in the applicable site permit with either one or a combination of the following:

i. Tops and brush will be limbed and lopped so they are no higher than 5 feet from the ground. A reasonable effort will be made to bring this height to ~2 feet.

ii. Tops and brush will be chipped and spread to a depth not exceeding 6 inches.

b) Tops and brush debris will be spread at the location and not left piled.

c) All tops and brush debris will be moved off mow zones, roadsides, trails, etc and into the forest (~20 feet).

d) No debris will block or be left within any drainage features.

e) Burning will not be permitted on the project site.

f) The contractor will follow all regulations regarding the handling and disposal of infested trees and debris (Federal Regulations – EAB and GM are of special concern)

10. The contractor will perform the necessary preparation and clean‐up to secure the property, its contents, and any occupants from damage or injury during the removal process.

11. The contractor will restore the property to its original condition. Any surface disturbance resulting in exposed mineral soil shall be rehabilitated following State Best Management Practices, (Seeding, mulching, proper water diversions, grading, etc.). Rehabilitation efforts will be inspected and approved prior to completion.

12. To the extent possible, the contractor shall limit any disruption to the occupants of the property.

13. USDA personnel will perform frequent on‐site monitoring. A final site inspection to approve disposal and remediation efforts will be conducted prior to finalizing work at all sites.

14. See attached for specific site information

a) Exhibit A, Site Summaries

b) Exhibit B, Tree Inventory

c) Exhibit C, Permits

b. Transport

1. Properties will be accessed in a manner that avoids damage to the landscape and/or property.

2. Approved access routes are indicated in exhibit A.

3. Harvested Logs shall be loaded onto the transport vehicle in a manner that minimizes tree/bark damage.

4. Transport vehicle will be filled to capacity before each delivery, unless extenuating circumstances exist

5. Harvested Logs will be transported to the facilities specified in Section 1.7, Transportation of Harvested Material.

Chamber entrance dimensions are as follows:

Michigan Department of Natural Resources Tree Improvement Facility 4631 Bishop Lake Road Howell, MI

Chamber Entrance Dimensions:

Chamber Doorway – Height: 7ft Width: 6ft Inside Chamber – Height: 10ft Width: 29ft Length: 54ft Maximum height of stacked wood: 6ft 6in.

United States Department of Agriculture EAB Biological Control Facility 5936 Ford Ct., Suite 500 Brighton, MI

Chamber Entrance Dimensions:

Chamber Doorway – Height: 7ft Width: 5ft Inside Chamber – Height: 8ft Width: 13ft Length: 29ft Maximum height of stacked wood: 5ft 5in.

6. At a minimum, a 24 hour notice will be given prior to arriving to unload.

a) Arrivals will take place between 8:00am and 4:30pm Monday – Friday, excluding any federal holidays.

b) Work associated with the arrival must be completed within this time.

c) USDA personnel will be on‐site to provide access to property and confirm load quality.

c. Stacking Logs

1. Offload infested wood from transport vehicle and stack neatly in coolers at predetermined location (listed above). The contractor shall provide all necessary personnel and equipment for unloading at the Government facilities (i.e.

forklift).

a) Logs will be stacked in closely positioned rows. All logs in a given row will be aligned, parallel, and stacked in a compact fashion.

b) Driver will take care to reasonably avoid blocking driveways, passageways, and entries/exits.

2. Stacked logs will be elevated off the ground with USDA provided 4x4s or pallets to facilitate air circulation. If transported on pallets, the material must be unloaded from the contractor’s pallets prior to placement into the cooler.

d. Contractor Requirements All tree harvesting services shall be performed under the guidance of an International Society of Arboriculture Certified Arborist or company with State Master Logger Certification (any state). The contractor shall conduct all operations in connection with this contract in compliance with all applicable Federal, State, and local labor safety, health and sanitation laws, codes and regulations. The contractor shall supervise and direct the work, using skillful labor and proper equipment for all work. The Government reserves the right to inspect the site, verify quantities, and review operations at any time.

1.10 Tree Removal Operations and Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

a. The Contractor shall preserve and protect all structures, equipment, and vegetation

(such as trees, shrubs and grass) or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.

b. The contractor shall protect from damage all existing improvements and utilities

(1) At or near the work site, and

(2) On adjacent property of a third party, the locations of which are made known to or should be known by the Contractor

c. 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. This shall include but not be limited to all areas of paving, lawns, walkways, sidewalks, fixtures, fences, flower beds, etc. that were damaged, dirtied, altered or displaced by the tree removal 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.

d. The contractor will not be liable for normal wear and tear, or damage caused by third parties. The contractor shall make USDA aware of any pre‐existing damages prior to commencing activities at the work site. The contractor shall provide photographic or video documentation of all pre‐existing damages prior to the start of removal operations and upon completion of all work at the site.

e. Excessive compaction of soil and excessive ruts is considered preventable property damage.

1.11 Damage Claims

It is the contractor’s responsibility for repairing any damages to buildings, sidewalks, cars and any other property damage caused by the contractor’s operation. The contractor shall be responsible for the treatment costs and financial losses of an individual physically injured or treatment costs or value of an animal owned by a private party, be it a pet or livestock, if injured, or killed by contractor operations.

The contractor shall notify the USDA of any damages by the end of the business day on which such damage occurred or where reported by a property owner, except that injuries to persons or animals will be reported immediately to the COR via cell phone or in person. All damage shall be repaired within two (2) weeks or other time frame as agreed by the two parties. The contractor shall supply, on company letterhead, an original of the release agreement signed by the injured party and counter‐signed by a Principal of the contractor indicating that the damage claim has been resolved. An alternate acceptable release shall be a letter from the contractor’s insurance company indicating policy number, contractor’s name and address, contract number, location, claimant’s name and address, and a statement saying that they are processing said claim and releasing the USDA from any and all liabilities. The contractor has three (3) weeks from the time the damage occurred, unless a later time has been agreed upon by the Contracting Officer, to submit the release to the USDA for final approval.

The USDA as an agency of the Federal government is a self‐insured entity. The Federal Tort Claims Act (28 U.S.C. 1346(b), 2671 et seq) is the legal mechanism for compensating persons injured or property damaged by a negligent or wrongful act of a Federal employee, when committed within scope of their employment. Employees of the USDA are Federal employees and are covered by the federal worker’s compensation insurance if injured while in the performance of their duties

1.12 Safety

The contractor will perform the work with due care taking precautions against injury to persons, damage to property and interference with vehicular or pedestrian traffic. The contractor shall take the necessary precautions to ensure the safety of all persons engaged in the work of this contract.

1.13 E‐Verify

Contractor shall ensure that employees and subcontractors have passed a standard commercial background check prior to conducting work for the program. The contractor shall verify employment eligibility of employees in accordance with the E‐verify Program (http://www.dhs.gov/E‐Verify). See clause 52.222‐54, Employment Eligibility Verification.

1.14 Unusual and Differing Site Conditions

(a) the contractor shall take steps reasonably necessary to ascertain the nature and location of the work at a given property site, and to investigate and satisfy itself as to the general and local conditions which can affect work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of water, electric power, and roads; (3) uncertainties of weather, or similar physical conditions at the site;

(4) conditions of the ground; (5) the character of equipment and facilities needed preliminary to and during work performance.

The contractor shall satisfy itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site; including all exploratory work done by the Government, as well as maps and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government.

(b) The Contractor shall promptly, and before the conditions are disturbed, give written notice to the Contracting Office (by submission through the Contracting Officer’s Representative) of:

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or http://www.dhs.gov/E

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and are generally recognized as inhering in work of the character provided for in the contract.

(c) The Contracting Officer’s Representative shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.

(d) No request by the Contractor for an equitable adjustment to the contract shall be allowed, unless the Contractor has given the written notice required; provided that the time prescribed in paragraph (a) for giving written notice may be extended by the Contracting Officer.

(e) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

Requests for equitable adjustments must include the following: a price breakdown in sufficient detail to permit an analysis of profit, and of all costs for material, labor, equipment, subcontracts, and overhead; and must cover all work involved in the effort, whether the work was deleted, added, or changed; as well as any time adjustments.

1.15 Payment

Payments will be made in accordance with clause 52.212‐4. Prior to final Government inspection and acceptance, the contractor shall complete all work, including but not limited to, completing all restoration requirements, final clean‐up of the premises.

The payment provided in the contract shall constitute full compensation for furnishing all materials, equipment and labor, and performing all work under the contract in a complete and acceptable manner. Payment items for the work of this contract are listed in the Pricing Schedule and described in this Performance Work Statement.

The Base Requirement and each Option Requirement will be paid on a “per job” basis.

The unit price and payment made for each item listed shall constitute full compensation for providing equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, meeting safety requirements, and performing all work as provided in this contract. Except as otherwise specified in this contract, all costs associated with incidental work shall be included in the Pricing Schedule item with which that incidental work is most closely associated. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to conditions of the contract.

1.16 Invoices

All invoices shall be submitted through the Invoicing Processing Platform (IPP) at: www.ipp.gov The IPP is a government‐side secure web‐based invoice processing service offered free of charge to government agencies and their contractors by the U.S. Department of Treasury’s Financial Management Service (FMS).

CLAUSES

The following clauses are incorporated by reference:

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (Oct 2018) 52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.252‐2 CLAUSES INCORPORATED BY REFERENCE

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/

The Following clauses are incorporated by full text:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Oct 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).

http://www.ipp.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N

(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)).

(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.]

__ (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 (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_ (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).

__ (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).

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

__ (10) [Reserved].

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__ (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

__ (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 (Oct 2019) (15 U.S.C. 657f).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057823 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

_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).

_X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2019) (E.O.13126).

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

__ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26

__ (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.

__ (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). (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.)

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057902 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057947 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055664 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056304 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056753 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1095479

__ (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 (Jun2016) (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 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. 552 a).

__ (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, https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053180 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053196 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053207 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053207 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053232 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053232 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053246 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053274 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053274 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053316 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_223_20 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1668D08086F https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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 (Oct 2019) (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).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (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).

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