1263PX19Q0026_PENOBSCOT_SNOW_REMOVAL_SOLICITATION.pdf

1263PX19Q0026

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDE

07/02/2019 965417

NORTHERN RESEARCH STATION

1992 FOLWELL AVENUE

ST PAUL MN 55108

USDA FOREST SERVICE

10/15/2019

USDA FOREST SERVICE

NORTHERN RESEARCH STATION

686 GOVERNMENT ROAD

BRADLEY

ME 04411

651 649-5236DAVID EASTER

10/09/2019 1400 CT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 10/15/2019 to 10/14/2020

Furnish all labor, equipment and supplies necessary to provide snowplowing at the U.S.

Forest Service, Penobscot Experimental Forest, 54 Government Road, Bradley, ME. Arrangements to see the area can be made by contacting Andrew Richley at (207) 866-7255. Vendors are advised to inspect the facility and site prior to submitting their offers. Arrangements to see the building can be made by contacting the above listed local contact. Bidders must be registered in the System for Award Management (http://www.sam.gov) prior to award of contract.

Product/Service Code: S218

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a) x

Complete Section B with submission

1263PX19Q0026 PENOBSCOT

52x

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 Description of Requirement Location: USDA Forest Service, Penobscot Experimental Forest, 54 Government Road Bradley, ME 04411 The contractor shall provide all labor, equipment, supplies, supervision, and transportation to provide snow and ice removal services for the 2019-2020 winter season as described in Section C.

The term of this contract will be base year and four (4) Option Periods.

B.2 QUOTED PRICE

ITEM NO. SCHEDULE OF SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE PERIOD

001 Snow Removal 15 EA

Icy Conditions Services 15 EA

OPTION PERIOD 1

002 Snow Removal 15 EA Icy Conditions Services 15 EA

OPTION PERIOD 2

003 Snow Removal 15 EA

Icy Conditions Services 15 EA

OPTION PERIOD 3

004 Snow Removal 15 EA Icy Conditions Services 15 EA

OPTION PERIOD 4

005 Snow Removal 15 EA

Icy Conditions Services 15 EA

TOTAL

(Line Items 001-005)

The actual payment for services under this contract will depend on the final number of snow removal service calls.

Contractor/Company Name:

Signature:

Date:

1263PX19Q0026 PENOBSCOT

***Offerors Please Note*** A. Work will be performed and invoiced in arrears.

B. One contract will be awarded to the lowest responsive and responsible offeror based on price and non-price factors.

C. To schedule a site visit contact Andrew P. Richley, 207-866-7255, Contracting Officer’s Rep (COR) at 54 Government Road, Bradley, ME 04411.

D. This requirement is a total (100%) small business set aside. The NAICS Code for this acquisition is 561790 (Snow Plowing Driveways & Parking Lots).

E. Contractors are required to be registered in the System for Award Management (SAM) per FAR 52.204-7, System for Award Management– See Attachment B.

F. Contractors are required to be registered in the Invoice Processing Platform (IPP) per the U.S.

Department of Treasury.

B.3 Type of Contract The government contemplates award of a firm-fixed price multiple year contract resulting from this quote.

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

A. Site/Location:

Penobscot Experimental Forest 54 Government Road Bradley, ME 04411

B. Points of Contact:

Andrew P. Richley Contracting Officer’s Rep 207-866-7255 andrew.richley@usda.gov

C. Description of Work & Site:

The contractor shall furnish all necessary labor, supervision, transportation, operating supplies, incidentals, and specialized equipment for snow plowing services at the USDA Forest Service, Penobscot Experimental Forest, 54 Government Road, Bradley, ME 04411.

Vendors are HIGHLY advised to inspect the area to be plowed before submitting their offers.

Bidders must be registered in the System for Award Management https://www.sam.gov/portal/public/SAM/ prior to award of contract.

D. Performance Requirements:

1. Snow Removal from Parking Lot and Access Road

1. Snow Removal From Road:

The U.S. Forest Service requires that the contractor remove the snow from Government Road from the intersection with Route 178 to the Hart Bldg. by the following morning prior to 6:30 a.m. after each snow fall of 2.5” or more (or 2.5” or more of cumulative snowfalls, Monday thru Friday). Snow should be pushed back off the road as far as possible.

Snowfalls of 3” or more will be plowed as needed throughout the day.

2. Snow Removal From the Parking Lot:

The parking lot at the Hart Bldg. is to be plowed the following morning prior to 6:30 a.m. after each snowfall of 2.5” or more (or 2.5” or more of cumulative snowfalls), Monday thru Friday. Snow should be pushed back as far as possible without damaging railings, walkways, or property.

3. Snow Removal and Salting from Entrance to Building:

Snow is to be shoveled off the ramp at the same time as the parking lot is cleared. Salt is applied to ramp as needed to avoid slippery walking conditions.

4. Snow Removal from the Oil Tank Fill:

A walkway is to be cleared from the parking lot to the oil tank fill located on the front of the building, to the left of the ramp.

1263PX19Q0026 PENOBSCOT

mailto:andrew.richley@usda.gov https://www.sam.gov/portal/public/SAM/

2. Salting/Ice Removal & Prevention

All walkways, stairs, and parking areas should be salted when surface conditions warrant this, such as icing.

The Contractor shall use their best judgment in determining when to salt/sand, and may contact the COR if they are unsure, or would prefer to seek approval. Err on the side of making conditions as safe as possible.

If there is ice on site, freezing rain, or the potential for ice, salt should be applied on walkways, stairways, driveways, and parking areas. For the safety of the employees, there is a “zero ice policy”. Re-application is required as warranted by the weather conditions. Salting shall be accomplished for employee arrivals beginning at 7:00 A.M. Salting shall continue if weather conditions cause re-freezing, so that all areas remain safe for employees.

Salting materials shall be environmentally friendly (bio-based).

E. Qualifications of Contractor and Personnel

a. The contractor and personnel employed by the contractor shall be capable and qualified in plowing, with prior experience plowing.

b. The Contractor and employees shall be licensed as required by law.

F. Contractor Invoices

Contractors are to submit proper invoices for payment.

Invoices shall be entered electronically in the Invoice Processing Platform (IPP). Contractors shall register and enter invoices into IPP at the following website:

https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm.

G. Damage to Government Property

The contractor will immediately inform Andrew P. Richley in the event that the contractor damages personal property (automobiles) or government property (including facilities. Damage to the building or equipment by the activities of his/her employees will fall into this category. Phone number and email address to reach him are listed above. Any damage to Government Property incurred during the implementation of this contract must be repaired or replaced by the contractor to the satisfaction of the Government representatives. Contractor shall be responsible for all damage to Government property resulting from their operations.

H. Damage to Contractor’s Property

The Government will not be responsible in any way for damage to the Contractor’s equipment kept in or near the buildings; or, the Contractor’s employees personal belongings brought onto Government premises.

I. Contractor Furnished Property/Equipment/Materials

The Contractor shall supply all labor and supervisions as well as supplies and equipment necessary to satisfactorily meet or exceed the performance standards of this contract. Contractor shall furnish all equipment, snow shovels, and other items determined to be needed for the performance of the work of this contract. All equipment must meet all applicable Occupational Safety and Health Administration (OSHA) standards. Trash dumpster may NOT be used by contractor to dispose of materials.

1263PX19Q0026 PENOBSCOT

https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm

There is no secure storage available for contractor’s equipment and materials. The Government will not be responsible in any way for damage to the Contractor’s equipment or the Contractor’s employees’ personal belongings brought onto the Government premises.

J. Safety

Contractor shall adhere to all applicable safety standards and should exercise caution in the performance of their duties. Contractor will ensure that personnel working on Government property are aware of job hazards and take measures to mitigate them. The Forest Service takes safety very seriously. No work will be performed in an unsafe manner.

Report to Andrew P. Richley, or his designated representative, any safety problem that may arise beyond the scope of this contract.

K. Conduct of Workers

The personnel employed by the Contractor shall be capable employees qualified in this type of work.

As stated elsewhere, the Contractor shall be responsible for all damage to Government property resulting from their operations. Damage to the building or equipment by the activities of his/her employees will fall into this category.

Contractor personnel will be professional and courteous to building occupants.

L. Supplemental Instructions

a. Although the performance of all work requirements is under the responsibility and management of the Contractor, the Government reserves the right to review and approve all work before their accomplishment.

b. The Contractor should ask for COR assistance with any issues related to moving vehicles to plow around them.

c. The Contractor shall be licensed as required by law.

d. The Contractor shall restore any damage caused by his/her operations.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-1 Contractor Inspection Requirements. (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

E.2 FAR 52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

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

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

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

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

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

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

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

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

(2) Terminate the contract for default.

E.3 AGAR 452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed randomly at USDA Forest Service, Penobscot Experimental

Forest, 54 Government Road, Bradley, ME 04411

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.242-15 Stop-Work Order (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of Clause)

F.2 FAR 52.242-17 Government Delay of Work (APR 1984)

a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

F.3 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from approximately October 15, 2019 to October 14, 2024 for the Base Period.

The Option Periods, if exercised, are as follows:

OPTION PERIOD 1: October 15, 2020 to October 14, 2021 OPTION PERIOD 2: October 15, 2021 to October 14, 2022 OPTION PERIOD 3: October 15, 2022 to October 14, 2023 OPTION PERIOD 4: October 15, 2023 to October 14, 2024

The period of performance of this contract, including the Base Period and four (4) Option Periods (if exercised) will be from approximately October 15, 2019 to October 14, 2024.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It must be scheduled within ten (10) days after the date of contract award. The conference will be held at: USDA Forest Service, Penobscot Experimental Forest, 54 Government Road, Bradley, ME 04411 Point of contact is Andrew P. Richley, 207-866-7255, Contracting Officer’s Rep (COR) andrew.richley@usda.gov

G.2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed, as soon as possible, of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR, provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists & there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.3 PROJECT MANAGER

The offeror is requested to designate a Project Manager to be contacted for prompt contract administration:

(Name):

Telephone Number (including cell phone if available):

The contractor shall provide a Project Manager who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangements regarding this contract. This individual shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager, or a designated representative, shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the Contracting Officer’s Representative (COR) to discuss problem areas as they occur. The Project Manager or his/her representative shall respond within four hours after notification of the existence of a problem. The Project Manager shall be able to fluently read, write, and speak the English language.

1263PX19Q0026 PENOBSCOT

mailto:andrew.richley@usda.gov

G.4 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement.

The written notification shall include as a minimum:

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

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

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

as appropriate.

Documentation of the subcontractor’s representative authority.

G.5 INVOICE REQUIREMENTS

Payment will be based on receipt of a proper electronic invoice and satisfactory contract performance. Payments for services are made in arrears following COR inspection and acceptance of work.

G.6 GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT

In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment. Invoices shall be entered electronically in the Invoice Processing Platform (IPP).

Contractors shall register and enter invoices into IPP at the following website:

Additional information regarding IPP may be found at the following website: https://www.ipp.gov/index.htm.

IPP Help Desk: 866-973-3131 https://www.ipp.gov/index.htm

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

SUSTAINABLE ACQUISTION MATERIALS

The Contractor must comply with Section 9002 of the Food, Conservation and Energy Act of 2008; Section 9002 of the Farm Security and Rural Investment Act of 2002; Executive Order 13514, “Federal Leadership in Environment, Energy, and Economic Performance,” Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management;” Presidential Memorandum, “Driving innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement;” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representation (COR). It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

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 . Contractors shall provide data for their biobased products such as biobased content, as well as their dollar value used in the performance of their contract by the end of the Fiscal Year (September 31st). The website for biobased reporting is http://www.sam.gov and the requirement pertains to all contracts containing FAR clause 52.223-2 “Affirmative Procurement of Biobased Products Under Service and Construction Contracts”.

FAR REPORTING CATEGORIES & USDA DESIGNATED BIOBASED PRODUCTS

USDA designates categories of biobased products for a Federal Procurement preference. In the process, minimum biobased content standards are established for each product category. Product categories can be found at http://www.biopreferred.gov

The following are examples of biobased products that may be applicable to this requirement:

General Purpose De-Icers

Description: Chemical products (e.g., salt, fluids) that are designed to aid in the removal of snow and/or ice, and/or in the prevention of the buildup of snow and/or ice, in general use applications by lowering the freezing point of water. Specialized de-icer products, such as those used to de-ice aircraft and airport runways, are not included.

Minimum Biobased Content: 93%

Gasoline Fuel Additives

Description: Chemical agents added to vehicle fuel to increase octane levels, improve lubricity, and provide engine cleaning properties for gasoline fired engines.

Minimum Biobased Content: 92% http://www.biopreferred.gov/ http://www.sam.gov/ http://www.biopreferred.gov/ https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

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Hydraulic Fluids – Mobile Equipment

Description: Hydraulic fluids formulated for general use in nonstaionary equipment, such as tractors, end loaders, or backhoes.

Minimum Biobased Content: 44%

PROVISIONS INCORPORATED BY REFERENCE

FAR 52.223-1, Biobased Product Certification FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts FAR 52.223-4, Recovered Material Certification FAR 52.223-15, Energy Efficiency in Energy-Consuming Products FAR 52.223-17, Affirmative Procurement of EPA-Designated Items under Service and Construction Contracts

CLAUSE INCORPORATED BY FULL TEXT

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

- Project Manager/Supervisor

(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 required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (NOV 2013) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

(APR 2014)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997) 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) 52.222-3 Convict Labor (JUN 2003) 52.222-17 Non-displacement of Qualified Workers (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.223-2 Affirmative Procurement of Bio-based 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) 52.223-17 Affirmative Procurement of EPA-Designed Items in Service and Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (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 (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 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) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.237-3 Continuity of Services (JAN 1991) 52.243-1 Changes - Fixed-Price (AUG 1987) Alternate 1 52.244-6 Subcontracts for Commercial Items (JAN 2017) 52.245-1 Government Property (JAN 2017) 52.246-25 Limitation of Liability – Services (FEB 1997) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

1263PX19Q0026 PENOBSCOT

http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-1 Approval of Contract (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

FAR 52.204-7 System for Award Management (OCT 2018)

(a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) (1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

(End of Provision)

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

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2017)

(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) 52.204-25, 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.)

__ (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).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (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] __ (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.

__ (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 (Nov 2011) (15 U.S.C. 657f).

__ (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)).

__ (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).

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

__ (28)

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

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__ (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.

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

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496).

__ (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.)

__ (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).

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