127EAT21R0014.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

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FACILITYCODE

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

OFFEROR

96J1 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR91S8

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/21/2021 1500 PT

07/07/2021

707-562-9165DANIEL LARA

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

127EAT21R0014

5. SOLICITATION NUMBER

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

1 18 1025918OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

DESCANSO CA 91916

24321 VIEJAS GRADE RD

DESCANSO RANGER DISTRICT

CLEVELAND NF

USDA FOREST SERVICE

15. DELIVER TO

VALLEJO CA 94592-1110

1323 CLUB DR

PACIFIC SOUTHWEST REGION

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$20.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Pine Valley Community Defense and Laguna Forest Health Period of Performance: 09/12/2021 to 11/30/2021

0001 Chaparral Fuelbreak Maintenance - Pine Valley 49, 86 AC 51, 52, 53- Handwork Product/Service Code: F018 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER FOREST/RANGE

IMPROVEMENTS (NON-CONSTRUCTION)

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

DANIEL LARA

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0002 189 AC

Thin for Hazardous Fuels - Mount Laguna Stands

25, 26, 33- Handwork

Product/Service Code: F018

Product/Service Description: NATURAL RESOURCES/

CONSERVATION- OTHER FOREST/RANGE IMPROVEMENTS

(NON-CONSTRUCTION)

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

18 2 of

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PERFORMANCE WORK STATEMENT

C.1 GENERAL

Description of Work:

The intent of this contract is to secure forestry related services to perform fuelbreak maintenance activities on 86 acres of mixed chaparral shrub lands adjacent to the community of Pine Valley, California, in southeastern San Diego County and within the Descanso Ranger District of the Cleveland National Forest. Contractor activities include cutting of live and dead shrubs with chainsaw, hand piling activity slash in addition to any existing dead and down woody debris; and covering piles with kraft paper.

Forested unit in the nearby Mount Laguna Recreation Area may be awarded dependent on contractor price and available funding. Contractor services performed on the 189 acre Jeffrey pine and oak forest type include cutting of standing dead trees (12” dbh max) with chainsaws, cutting live and dead shrubs with chainsaws, pruning limbs of residual green conifers to 6 ft in height, applying a borax compounding to recently dead cut conifer stumps, hand piling all activity slash in addition to existing dead and down woody debris; and covering all piles with kraft paper.

Services would be performed in early fall of 2021.

C.1-1 Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

C.1-2 Project Location & Description Location: The project is located on the Cleveland National Forest, Descanso Ranger District.

The project area includes 86 acres within the Upper Pine Valley Creek watershed, located adjacent to the community of Pine Valley, Ca, southeastern San Diego County.

Legal Land Description: E ½ Section 25, E ½ section 35, E ½ Section 36. T15S. R4E.

San Bernardino Baseline and Meridian

The project area is split between the Upper Pine Valley watershed and Cottonwood-Kitchen creek watersheds on Mount Laguna, Ca, southeastern San Diego County.

Legal Land Description: Section 23, T15S. R5E. San Bernardino Baseline & Meridian.

Unit 1a Address via Google Maps: 7437-7599 Corte Madera Rd, Pine Valley, CA 91962 Driving Directions: From interchange of I-15 and I-8 in San Diego, drive east on I-8 for 37.5 miles. Take exit 45 toward pine valley (0.3 mi), L onto Pine Valley Road (0.4 mi), Left onto Old Hwy 80 (0.2 mi), Left onto Corte Madera Road (0.4 mi) Unit Description: elevation ranges from 3,500’-4,500’. The terrain is gentle to rough and broken with a variety of slopes and scattered rock outcroppings. Unit is dominated by mixed-chaparral shrub types that include Manzanita, Scrub Oak, Mountain Mahogany, Buckwheat, Sage and mixed Chaparral. Shrub height is generally less than 6ft.

Unit 2 Address via Google Maps: Wooded Hill Rd, Mt Laguna, CA 91948 Driving Directions: From interchange of I-15 and I-8 in San Diego, drive east on I-8 for 38.8 miles. Take exit 47 toward Sunrise Hwy (0.4 mi), L onto old Hwy 80 (0.2 mi), continue Straight onto Sunrise Hwy (8.0 mi), Left onto Wooded Hill Rd (0.3 mi). Parking available at Wooded Hill Nature trail head.

Unit Description: Elevation ranges from 5,500- 6500’. The terrain is gentle to rough and broken with a variety of slopes and scattered rock outcroppings. Much of the unit has timber over story consisting of various pine and oak species. Understory consists mainly low grasses and shrubs (< 6’ ht.). Shrub islands exist in large forest gaps, the majority of which have been identified on the map to retain at a reduced size.

Boundary Description: Project area boundaries will be denoted with blue flagging placed within eyesight of each other. 2 pieces of flagging will be hung to identify abrupt changes in boundary direction, e.g. corner of unit. PDF maps compatible with AvenzaPDF will be distributed to contractor post-award to use in conjunction with unit flagging to identify boundaries, riparian conservation areas, and control areas, etc.

Exclusions (non-work areas): Control areas, if present; and limitations on work performed will be noted in C.5 and delineated on the ground by flagging on the boundaries. If alternate colors are used to distinguish between control areas, colors will be known to contractor prior to commencement of work.

Accessibility: Project areas can be accessed from established highways and forest system roads as seen on the contract area maps. Project areas are accessible with a 2-wheel drive passenger vehicle, pickup truck, or van.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

C.1-3 Maps Maps showing the general vicinity and/or specific work areas are included in Section J. Maps are general in nature and are not to be considered as definitively identifying locations.

C.1-4 Estimated Start Date & Contract Time Start: September 12, 2021 Time: 60 calendar days

C.1-5 Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here.

Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1 In accordance with the fire plan, if included in Section J.

2 When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3 Regardless of the Forecasted Project Activity Level, when a Forecasted Red Flag Warning is present over the contract area as predicted by NOAA, COR may shut down all mechanical operations, including the use of chainsaws.

Mount Laguna Forecasted Weather: https://forecast.weather.gov/MapClick.php?lon=- 116.42211621600161&lat=32.87311561213677#.W8TmN2aWzoo Pine Valley Forecasted Weather: https://forecast.weather.gov/MapClick.php?lon=- 116.49540847860113&lat=32.690434346875634#.XbNRrWaWzoo

4 Restriction on work hours are as follows: Monday through Saturday 7 AM to 7 PM. No work may be performed on Sundays and federal holidays without prior authorization from the COR. When authorization is granted, work may commence between 7 AM and

5 PM.

5 Within RCA’s as designated on the map (perennial streams buffer = 328 feet; Intermittent stream buffer = 100 feet), no cutting or removal of riparian plant species will be allowed.

Treatments will be completely avoided within the identified inner stream gorge (from channel bottom to top of stream bank)

6 All food and trash shall be removed from the site and properly disposed of daily.

7 Known sensitive plant populations exist in Item 1 and optional item 2. Contractor will not impact these areas with aspects of operations such as cutting of shrubs/trees or hand piling of activity fuels. Locations will be delineated for avoidance with orange and black polka dot flagging and/or “Do Not Cut” flagging.

8 Fueling of gas-powered machinery (chainsaws) will not occur within 25 feet of a seasonal channel.

C.1-6 Licenses and Insurance The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract [] does [] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

Other: NONE C.1-7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor [] will [] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance) C.2 Definitions Dead Tree: No live crown exists, needles or leaves of hardwoods are no longer retained. Bark may be falling off; lateral limbs may be present, or breakage may be observed. Tree species may be difficult to decipher due to lack of bark, limbs, etc.

Recently Dead Tree: No live crown exists however, brown needles or leaves from hardwoods are still retained on the tree. Typically, < 1 year since mortality occurred, tree species still easily deciphered.

https://forecast.weather.gov/MapClick.php?lon=-116.42211621600161&lat=32.87311561213677#.W8TmN2aWzoo https://forecast.weather.gov/MapClick.php?lon=-116.42211621600161&lat=32.87311561213677#.W8TmN2aWzoo https://forecast.weather.gov/MapClick.php?lon=-116.42211621600161&lat=32.87311561213677#.W8TmN2aWzoo https://forecast.weather.gov/MapClick.php?lon=-116.49540847860113&lat=32.690434346875634#.XbNRrWaWzoo https://forecast.weather.gov/MapClick.php?lon=-116.49540847860113&lat=32.690434346875634#.XbNRrWaWzoo

Drip line: the area directly located under the outer circumference of the tree branches.

Stump height: Measured from the uphill side of the tree, Maximum stump height of 6 inches is allowed.

Shrubs (brush): Vegetation consisting of woody perennial plant smaller than a tree, usually having permanent single or multiple stems originating at or near the ground level not normally reaching 20 feet in height (i.e. Ceanothus, manzanita, mountain mahogany, sagebrush, etc.).

Conifer: Typically, an evergreen tree, which usually has a single well-defined trunk and/or attains a height greater than 20 feet (i.e. pine, incense cedar, and fir species) Hardwood: A broad-leaved tree, which may have a single well-defined trunk and/or attains a height greater than 20 feet, i.e. sycamore and oak species. Sprouting hardwood species may be in the form of multi-stemmed clumps.

Slash: Contractor generated cut material from activities performed, typically from limbs, tops, portions of shrubs, and small (<12” diameter) boles of trees. Minimum specification for slash is 1inch in diameter and 3 feet in length in forested settings. In shrub fuelbreaks, all cut material is considered slash and shall be piled.

Shrub cover: Cover is the area of the ground surface covered by vegetation Diameter at Breast Height (dbh): Diameter of trees measured at breast height (4.5 feet above ground, upslope side of tree).

Diameter at Root Collar (drc): Hardwood species with low branching and lateral limbs below 4.5’. Diameter is measured 1’ from ground surface or calculated from more than 1 stem diameter.

Existing dead and down woody debris: All logs, stems, limbs and tops of trees and brush, which are dead and lying on the ground prior to Contractor beginning operations.

Riparian Conservation Area: A 100 (intermittent) to 328 (perennial) horizontal foot area extending upslope on each side of a stream channel.

Supervisor/Foreman: A working (English speaking) supervisor, who is knowledgeable and experienced in the required work and supervision, shall be provided for each crew and is required to stay with the crew while work is in progress. If crew is non-English speaking, the supervisor must be bilingual in English and the language of the crew members.

C.3 Primary Tasks: Item 1

1. Cut Dead Shrubs

2. Cut a portion of Live Shrubs

3. Pile All Exiting Dead and Down Woody Debris and activity Slash

4. Cover piles

C.3-1 Standards:

1. Cut Dead Shrubs: Cut ALL (100%) of dead shrubs.

a. Shrubs should be severed at 4 inches above the ground. Cut stems should be flat to not create a hazard to personnel.

2. Cut a Portion of Live Shrubs: Remove 70 percent of existing live shrubs from treatment units.

a. Leave untreated islands, < ¼ acre in size, in an irregular pattern distributed throughout the units.

b. Edges of islands and unit boundaries should be wavy in nature to provide a natural appearance.

c. Avoid treating oak tree species and obligate seeders, e.g. Manzanitas.

d. Shrubs should be severed at 4 inches above the ground. Cut stems should be flat to not create a hazard to personnel.

3. Pile ALL Existing Dead and Down Woody Debris & Activity Slash:

a. Piles shall be > 15 feet from shrub islands, unit boundaries, and drip line of oak trees.

b. Piles shall not be piled or placed on logs, rocks, or stumps, in roadways, swales, or drainage ditches, on springs or seeps, or within 30 feet of seasonal channels, lakes, or ponds as shown on the contract area map and/or observed on the ground

c. Piles shall not be created within 100 feet of improvements, i.e. utility lines.

d. All piles shall be constructed by laying cut stems, and all other slash, including existing down woody material in the pile, in a vertical arrangement, so as to be pyramidal in shape. Slash shall be bucked to 4-foot lengths and limbed to facilitate tight piles.

e. Unless approved otherwise by the COR in writing, maximum pile size shall be 10 feet in diameter by 6 feet in height, and minimum pile size shall be 5 feet in diameter by 3 feet in height at the time of final inspection.

4. Cover Piles with 70wt kraft paper:

a. All constructed piles shall receive one – (1) 4-foot-wide by 6-foot-long sheet, or multiples sheets to cover 60 percent of the surface area.

b. Place at 2/3 depth of pile. Placed additional material (top 1/3) on top of the

Kraft paper to prevent paper from moving off the pile by environmental conditions.

c. On hillsides, paper shall be shifted to downhill side of pile to allow for ease of ignition.

Primary Tasks: Optional Item 2.

1 Cut ALL Dead Trees ≤ 12” dbh 2 Apply borax compound to recently dead conifers 3 Prune live conifer trees 4 Cut shrubs 5 Pile Existing Dead and Down Woody Debris and Activity Slash 6 Cover Piles

Standards:

1 Cut ALL Dead Trees ≤12 inches dbh

a. Cut all dead and recently dead trees ≤ 12 inches in dbh of all species.

b. Maximum Stump height = 6 inches

2 Apply borax compound to recently dead conifer (Sporax™ or cellu-treat™)

a. Shall be evenly applied to all live and recently dead conifer stumps within four hours of cutting the tree

b. A non-toxic die must be used to aid in inspection when using either substance in a liquid form

c. Manufacturers recommended mixing and safety guidelines shall be adhered to.

d. Quantities used shall be reported to COR at end of contract prior to submitting invoice for final payment.

3 Prune live conifer trees

a. Remove live and dead limbs to within 1 inch of the bole on all residual conifer trees to a height of 6 feet or 1/3rd the total tree height for trees 12 feet or less in height.

4 Cut Shrubs

a. Cut ALL dead shrubs and individual live shrubs within 10 feet of the drip line of residual live trees. In many areas of the unit this may lead to all shrubs being cut on any one acre due to tree spacing and crown width.

b. Retain large groups of shrubs are identified on the contract area map for retainment

c. Shrubs should be severed at 4 inches above the ground. Cut stems should be flat to not create a hazard to personnel.

5 Pile Existing Dead and Down Woody Debris and Activity Slash

a. Piles shall not be created within 100 feet of any cabin, outbuilding, or improvement, i.e. utility lines.

b. Piles shall not be closer than 15 feet to boles of Leave Trees or within 10 feet from the dripline; whichever is further.

c. Piles shall be at least 15 feet from retained snags, project perimeter, shrub islands, and any down log exceeding 12 inches diameter at the large end, unless approved by the COR.

d. Slash shall not be piled or placed on logs, rocks, or stumps, in roadways, swales, or drainage ditches, on springs or seeps, or within 30 feet of stream channels, lakes, ponds or meadows as shown on the contract area map and/or observed on the ground.

e. All piles shall be constructed by laying limbs, stems, cut boles, and all other slash, including existing down woody material up to 12-inch diameter in the pile, in a vertical arrangement, so as to be triangular in shape. Slash shall be bucked to 4-foot lengths and limbed to facilitate tight piles. Boles greater than 12-inch diameter may be left intact on the ground.

f. Unless approved otherwise by the COR in writing, maximum pile size shall be 10 feet in diameter by 6 feet in height, and minimum pile size shall be 5 feet in diameter by 4 feet in height at the time of final inspection

6 Cover Piles with 70wt Kraft paper.

a. All constructed piles shall receive one – (1) 4-foot-wide by 6-foot-long sheet, or multiples sheets to cover 60 percent of the surface area.

b. Place at 2/3 depth of pile. Placed additional material (top 1/3) on top of the

Kraft paper to prevent paper from moving off the pile by environmental conditions.

c. On hillsides, paper shall be shifted to downhill side of pile to allow for ease of ignition.

C.4 Public Safety Warning signs of adequate size, color, and amount shall be posted at the edge of the units and along the nature trail while working in order to alert oncoming traffic of the safety hazards associated with this operation.

Examples of applicable signs may include, but is not limited to; “Tree Cutting Ahead”, “Forest Management Operations in Progress”; “Tree Work Ahead” etc.

Flaggers or spotters shall be required along trail when felling dead trees nearby.

C.5 Salvage Rights No salvage rights exist under this contract.

C.6 Road Maintenance Road maintenance is not required.

All roads shall remain open, unobstructed, and free of trees and/or slash at all times during the Contractors’ operations.

Any damage caused by contractors’ activities to gates, drainage structures or deleterious roadbed re-shaping shall be repaired at the contractors’ expense and under the direction of the Contracting Officer.

Section D Packaging and Marking N/A

Section E Inspection and Acceptance

Inspection of Services–Fixed-Price

(a) Definitions. “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 re-performance, 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.

Section F Deliveries/Performance The Contractor will be paid the bid price per acre times the amount of acres completed that meet the contract specifications. Only completed units will be paid for.

Section G Contract Administration Data Contracting Officer: Daniel Lara Technical POC/COR: Jamie Rickard

Post Award Conference

Prior to commencement of work, the Contractor shall meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules. Also at this meeting such things as sanitation, camping requirements, fire prevention and suppression plans will be developed. The Quality Control Plan will be provided to the CO prior to this meeting.

The meeting will be held at a time and place determined by the Contracting Officer.

Section H Special Contract Requirements N/A

SECTION I – Clauses and Provisions

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulations http://www.acquisition.gov/far Agriculture Acquisition Regulations http://www.usda.gov/procurement/policy/agar.html

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 these addresses:

Federal Acquisition Regulations http://www.acquisition.gov/far Agriculture Acquisition Regulations http://www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

FAR 52.202-1 Definitions. (JUN 2020) FAR 52.203-3 Gratuities (APR 1984) FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) FAR 52.204-7 System for Award Management. (OCT 2018) P FAR 52.204-13 System for Award Management Maintenance. (OCT 2018) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) P FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (DEC

2019) P FAR 52.219-1 Small Business Program Representations (OCT 2014) P FAR 52.223-1 Biobased Product Certification (May 2012) P FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts. (SEP 2013) FAR 52.232-1 Payments (APR 1984) FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) FAR 52.232-23 Assignment of Claims. (MAY 2014) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC

2013) FAR 52.233-2 Service of Protest (SEP 2006) P FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR

1984) FAR 52.237-3 Continuity of Services (JAN 1991) FAR 52.242-17 Government Delay of Work (APR 1984)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2020)

(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 2020) (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.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509)).

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

__ (ii) Alternate I (Mar 2020) of 52.219-3.

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

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

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

644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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

644).

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

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

637(d)(4)).

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

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

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

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

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

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

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

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

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

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

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

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

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

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

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

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

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

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

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

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

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C.

5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

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

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

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

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

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

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

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

637(d)(13)).

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

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

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

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

chapter 67).

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

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

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

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

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

13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

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

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

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

FAR 52.217-6 Option For Increased Quantity (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

AGAR 452.236-73 Archaeological Or Historic Sites (FEB 1988) If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer/COR immediately.

SECTION J – LIST OF ATTACHMENTS

Attachment A – Map Gen Location Attachment B – Map Item 1 Units Attachment C - Map Item 2 Units Attachment D – Fire Plan Attachment E – Wage Determination Attachment F – Questionnaire

SECTION L—INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REQUEST FOR PROPOSAL REQUIREMENTS

The following technical and price proposal information shall be provided with the offer

Form 1449: Complete the Offer Section, sign and date along with Vol 1 pricing information

Provide Vol 2 (technical capability and past performance)

SECTION M—EVALUATION FACTORS FOR AWARD

Addendum to FAR 52.212-2, Evaluation – Commercial Items (Oct 2014) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to the most advantageous and represent the Best Value to the Government. Best Value determination shall be based on the following non-price technical factors and price factor.

1. Price

2. Technical Capability - Non-price technical factor

3. Past Performance - Non-price technical factor

Non-price evaluation factors, when combined, are approximately equal to cost or price.

The Government reserves the right to enter into discussions. The Government reserves the right to award without discussions. Therefore, each initial proposal should contain the offeror's best terms.

Price Evaluation (Vol 1) The price proposal shall be evaluated based on the pricing information submitted per schedule of items

Technical Capability (Vol 2) The Government will evaluate each offeror’s relative understanding of the Government’s requirements on the basis of its written submittals addressing the technical questions on the Questionnaire.

Past Performance (Vol 2) Offeror is required to submit information for a minimum of three (3) – but no more than (5) prior similar projects/contracts completed within the last (5) years.

Information can be provided with the questionnaire or submitted in another format as long as required information is captured. Please submit information for projects that are similar in scope and magnitude.