127EAX24C0014 Solar Battery Deliver Install RFQ.pdf

Solicitation No: 127EAX24Q0014 Project Name: Solar Battery Deliver Install

1 Introduction. The USDA Forest Service Apache Sitgreaves, National Forest, Supervisor Office, Springerville, Arizona, is seeking to purchase and install four lithium batteries at the Stray Horse Work Center with an option item to quote on an additional four batteries. The Contractor shall furnish all supervision, materials, equipment and vehicles, tools, parts, labor, transportation, lodging, and miscellaneous items to transport to the site and install four lithium batteries. Contract includes the batteries and various parts as well as insulation for the storage shed the batteries are housed in.

All work shall be in accordance with the statement of work contained herein. No changes to the specifications, terms, or conditions of this Request for Quotations (RFQ) shall be made without the prior approval of the Contracting Officer in writing. The contractor is responsible for complying with all applicable regulations and obtaining all permits for this work.

2. Type of Award. As a result of this solicitation, the Government anticipates awarding a Firm Fixed-Price Construction Contract using Simplified Acquisition with Request For Quote (RFQ) format evaluated on Lowest Price

Technically Acceptable, LPTA. NAICS code 238210 – Electrical Contractors and Other Wiring Installation Contractors is assigned to solicitation under Small Business Set-Aside ($19 million). PSC code Z2EB.

In order to be eligible for award of a Federal contract, potential vendors, at time of award, need to have an active registration in the System for Award Management (SAM) at https://sam.gov/content/home.

3. Basis for Award – LPTA, Lowest Price Technically Acceptable – See Section M (last section of this document).

The offeror that demonstrates that they have technical skill required and lowest price. In order to remain in the competitive range, Offerors (Contractors) shall submit the Return Package with the requirements in Section M, Evaluation Factors.

4. How to submit your offer. Submit RFQ pages 4 through 7, and section K as your business (schedule of items) proposal. In a separate document, submit all the information requested in Section M as your technical proposal.

Deadline for submission of offers shall be April 25, 2024, 1600 p.m. (Mountain Daylight).

Responses to the RFQ shall be sent to the Contracting Specialist. Response packages should be sent by email and should contain the Solicitation Number 127EAX24Q0014 in the subject line for the email. Email:

kimberly.grezeszak@usda.gov

5. Site Visits (Optional) – No Formal Site Visits Are Scheduled however a site visit is strongly recommended prior to submitting a proposal.

If a site visit is requested, it should be conducted no later than 4/22/2024

Contact the COR to set up individual site visits.

Pamela Jaramillo pamela.jaramillo@usda.gov

6. Location:

The project is located at the Stray Horse Work Center. From Clifton travel north on Hwy 191 for approximately 57 miles to Stray Horse Work Center which will be on the left. From Alpine travel south on Hwy 191 for 33 miles until you reach the Stray Horse Campground and then proceed a further 0.75 miles South of the Stray Horse Campground, the Work Center will be on the right.

https://sam.gov/content/home mailto:kimberly.grezeszak@usda.gov mailto:pamela.jaramillo@usda.gov

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

C.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

C.2 LOCATION OF PROJECT

C.3 SPECIFIC SCOPE OF WORK

C3.1 GENERAL REQUIREMENTS

C3.2. MOBILIZATION

C3.3. DELIVERY & INSTALLATION OF LITHIUM SOLAR BATTERIES AT STRAY HORSE

C.4 MAGNITUDE OF CONSTRUCTION PROJECT

C.5 TECHNICAL SPECIFICATIONS

SECTION D – PACKAGING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E—INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F—DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

AGAR 452.236-75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE (NOV 1996)

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 OTHER REQUIREMENTS

GOVERNMENT ITEMS

SECTION H—SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 OTHER REQUIREMENTS

PART II—CONTRACT CLAUSES

SECTION I—CONTRACT CLAUSES

I.1 CLAUSES

PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J—LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS ... 30

L.1 PROVISIONS

L.2 QUOTE PREPARATION INSTRUCTIONS:

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 QUOTE EVALUATION

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

C.1 SCHEDULE OF ITEMS

B‐1 – SCHEDULE OF ITEMS

ITEM NO. DESCRIPTION PAY UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

C3.2 Mobilization Lump Sum 1

C3.3 Delivery & Installation of Lithium Solar

Batteries at Stray Horse

EA 4

C3.4 Insulation for Solar Battery Storage Shed

Square Feet 310

Base Item Total:

OPTION ITEMS

ITEM NO. DESCRIPTION PAY UNIT

EST.

QTY

UNIT

PRICE

TOTAL

PRICE

OC-1 Delivery & Installation of Lithium Solar Batteries at Stray Horse

Lump Sum 4

B.2 SCHEDULE NOTES

a) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

b) One award will be made from this solicitation, contractors must submit pricing for all items.

TO FACILITATE COMMUNICATIONS BETWEEN CONTRACTING OFFICER AND CONTRACTOR,

PLEASE PROVIDE THE FOLLOWING:

CERTIFICATION OF OFFER PRICING AND SUBMISSIONS FOR THIS SOLICITATION:

CONTRACTOR COMPANY NAME: ____________________________________

UNIQUE ENTITY IDENTIFIER (UEI) # ______________________________

AUTHORIZED TO SIGN (NAME & TITLE): ____________________________________________

SIGNATURE: ____________________________________________________

DATE: _____________________

BUSINESS EMAIL: _______________________________________

PHONE: ____________________________

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1122750

USDA-FS CSA SOUTHWEST 4

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAU

KIMBERLY GREZESZAK 208-986-1523

504/16/2024

127EAX24Q0014

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Solicitation 127EAX24Q0014 Solar Battery Deliver, Install

The USDA Forest Service, Apache Sitgreaves National Forest, Springerville, AZ, has a requirement to replace (4) Solar Lithium Batteries Delivery/Install at the Stray Horse Work Center according to the specifications and statements of work included as attachments

Davis Bacon wages apply.

The government anticipates awarding a firm-fixed price contract using Request For Quote, RFQ.

The magnitude of this project is less than $25,000.

Offer to the solicitation (include the solicitation number in the name of the document) should be sent to the contracting specialist by email; kimberly.grezeszak@usda.gov.

Delivery: 10 Days After Notice to Proceed

Delivery Location Code: 8173

Continued ...

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 30 calendar days and complete it within ________________ ________________ calendar days after receiving

IAW FAR 52.211-10

04/25/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________ 60______

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

PAGE 6 OF

USDA-FS CSA SOUTHWEST 4

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAU

MICHELLE L. BAHR

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

7 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAX24Q0014

USDA FOREST SERVICE

Apache Sitgreaves National Forest

30 S. CHIRICAHUA Dr

Springerville, AZ 85938 US

Period of Performance: 04/01/2024 to 05/31/2024

Delivery: 05/01/2024

Delivery Location Code: 8173

USDA FOREST SERVICE

APACHE SITGREAVES NATIONAL FOREST

PO BOX 640

30 S CHIRICAHUA DR

SPRINGERVILLE AZ 85938 US

Period of Performance: 04/01/2024 to 05/30/2024

0001 Solar Battery Deliver Install

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

C.1 – GENERAL DESCRIPTION OF WORK

The Contractor shall furnish all supervision, materials, equipment and vehicles, tools, parts, labor, transportation, lodging, and miscellaneous items to transport to the site and install four replacement lithium batteries into an existing solar energy battery storage system. Contract includes the delivery and installation of the batteries as well as insulation for the storage shed the batteries are housed in.

All work shall be in accordance with the plans and specifications contained herein. No changes to the specifications, terms, or conditions of this Request for Quotations (RFQ) shall be made without the prior approval of the Contracting Officer in writing.

The Government intends to award a contract based on LPTA (Lowest Price Technically Acceptable) to the offeror that demonstrates that they have technical skill required and lowest price. In order to remain in the competitive range, Offerors (Contractors) shall submit the Return Package with the requirements in Section M, Evaluation Factors.

C.2 – LOCATION OF PROJECT

The project is located at the Stray Horse Work Center. From Clifton travel north on Hwy 191 for approximately

57 miles to Stray Horse Work Center which will be on the left. From Alpine travel south on Hwy 191 for 33 miles until you reach the Stray Horse Campground and then proceed a further 0.75 miles South of the Stray Horse

Campground, the Work Center will be on the right.

C.3 –SPECIFIC SCOPE OF WORK

C3.1 GENERAL REQUIREMENTS

All work shall be completed in accordance with the contract drawings and specifications outlined herein. All work needed for the installation of the replacement batteries and dimensions and sizing of the insulation needed, must be field verified to the maximum practicable extent. A site visit is strongly recommended prior to bidding the work.

Codes, Standards, and Regulations

Replacement Batteries must be tested and approved by Underwriters Laboratories (UL). Batteries, enclosures, inverters, and other balance of system components must be certified to comply with the latest version of the following requirements:

All work must follow current National Electrical Code requirements:

o NFPA 855, “Standard for the Installation of Stationary Energy Storage Systems”

Battery cell:

o UL 1642 “Standard for Lithium Batteries”

Battery module:

o UL 1973 “Batteries for Use in Light Electric Rail Applications and Stationary Applications”

Battery system:

o UL 9540 “Energy Storage Systems and Equipment”

Solicitation No: 127EAX24Q0014 Project

Name: Solar Battery Deliver Install o UL 9540A “Test Method for Evaluating Thermal Runaway Fire Propagation in Battery Energy Storage Systems”

Submit manufacturer’s cut sheets showing recommended installation, operation, maintenance and testing of batteries to COR prior to installation. Submit copies of Warranties prior to final payment. All substituted items or “approved equals” to the specifications shall be approved in writing by the Contracting Officer prior to purchasing.

Follow specific instructions from battery manufacturers regarding where to install their batteries to avoid voiding warranties. Install batteries according to manufacturer’s recommendations and all codes, standards and regulations stated above.

Bid Items

C3.2. MOBILIZATION

All mobilization costs for this contract.

C3.3. DELIVERY & INSTALLATION OF LITHIUM SOLAR BATTERIES AT STRAY HORSE

Four 6 Volt 380 A.h. deep cycle lithium batteries. Test the quality of the batteries in the storage system to determine each battery’s capacity, endurance, safety, durability and efficiency per industry recommended standards.

Remove the four most deficient batteries and properly dispose or recycle them. Replacement batteries shall be new like-kind batteries that are compatible with all components of the solar energy system including but not limited to the battery management system, charge controller, inverter, and solar panels. Install the replacement batteries, test, and commission the system. All associated transportation, installation, and procurement costs for the lithium batteries are to be included in the bid item.

C3.4. DELIVERY & INSTALLATION OF INSULATION FOR SOLAR BATTERY STORAGE SHED

310 square feet of a minimum of 2” thick R-10 extruded polystyrene (XPS rigid) insulation for the battery shed to provide insulation and ensure function of the batteries. Bid item includes purchase, delivery and installation of the material at the Stray Horse site. Insulation to be placed inside on all sides of the shed per manufacturer’s

1/ Stray Horse Work Center-Existing Battery Storage recommendations.

Accepted insulation material like that in link below or approved equal.

https://www.homedepot.com/p/Owens-Corning-FOAMULAR-NGX-F-250-2-in-x-4-ft-x-8-ft-SSE-R-10-XPS-

Rigid-Foam- Board-Insulation-52DDNGX/315197962?source=shoppingads&locale=en-

US&pla&mtc=SHOPPING-CM-CML-GGL-D22- 022_004_INSULATION-NA-NA-NA-PMAX-5718363-NA-

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022_004_INSULATION-NA-NA-NA-PMAX-5718363-NA-NA- NA-NBR-NA-NA-NEW-Pmax-CL3TestA-

71700000103694443--

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OC-1. Delivery & Installation of Lithium Solar Batteries at Stray Horse

Four 6 Volt 380 A.h. deep cycle lithium batteries. This is an optional item to also replace the other four batteries in the existing solar energy battery storage system, so that all eight batteries will be the same type, age and capacity. All associated transportation, installation, and procurement costs for the lithium batteries are to be included in the bid item.

C.4 MAGNITUDE OF CONSTRUCTION PROJECT

Magnitude of project is less than $25,000.

C.5 TECHNICAL SPECIFICATIONS

As provided for in Sandia Heater Replacement Statement of Work https://www.homedepot.com/p/Owens-Corning-FOAMULAR-NGX-F-250-2-in-x-4-ft-x-8-ft-SSE-R-10-XPS-Rigid-Foam-Board-Insulation-52DDNGX/315197962?source=shoppingads&locale=en-US&pla&mtc=SHOPPING-CM-CML-GGL-D22-022_004_INSULATION-NA-NA-NA-PMAX-5718363-NA-NA-NA-NBR-NA-NA-NEW-Pmax-CL3TestA&cm_mmc=SHOPPING-CM-CML-GGL-D22-022_004_INSULATION-NA-NA-NA-PMAX-5718363-NA-NA-NA-NBR-NA-NA-NEW-Pmax-CL3TestA-71700000103694443--&gad_source=1&gclid=Cj0KCQiA84CvBhCaARIsAMkAvkKvw4nGWK3b15WaAz6Mgd_5XxM7R88pQvv0lJLj9UaMG-vMNWW0LCgaAveCEALw_wcB&gclsrc=aw.ds 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Solicitation No: 127EAX24C0014 Project Name- Solar Battery Deliver and Install

SECTION D – PACKAGING AND MARKING

D1—GENERAL INFORMATION:

See Section J for Exhibits that are incorporated as part of the statement of work:

Reference Section J for Exhibits:

Exhibit 1 – U.S. Department of Labor, Wage Determination

Exhibit 2 - FOAMULAR NGX F-250 Exhibit 3 – Bio-preferred Requirements

Exhibit 4 – Map

Exhibit 5 – Fire Plan

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The

Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E—INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F—DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days from issues of notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives notice-to-proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.

52.242-14 Suspension of Work (APR 1984)

AGAR 452.236-75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek shall be Monday through Friday, 0700 – 1700. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 OTHER REQUIREMENTS

Government Furnished Items:

The Government will provide the following items:

• None

SECTION H—SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.228-71 Insurance Coverage (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer’s Liability. The Contractor is required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

452.237-74 Key Personnel (FEB 1988)

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

-Project Manager

-Site Foreman -Safety Manager

(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.

H.2 OTHER REQUIREMENTS

USE OF PREMISES

A. Driveways, Walkways, and Entrances: Keep driveways, walkways and entrances serving premises clear and available to emergency vehicles and pedestrians. Do not use these areas for parking or storage of materials, unless approved by the COR.

B. During construction, any locked areas to the public shall remain locked or closed. All gates shall be locked at end of each day.

C. Confine storage of materials to areas as approved by the COR.

D. Only potable water shall be used for all work throughout this contract.

ARCHAEOLOGICAL OR HISTORIC SITES

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 immediately.

CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(J) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(J) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(J) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

PART II—CONTRACT CLAUSES

SECTION I—CONTRACT CLAUSES

I.1 CLAUSES

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 address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.203-7 Anti-Kickback Procedures (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower Guidance to contractor employees)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-2 Security Requirements (MAR 2021) Alternate II (APR 1984) 52.204-7 System for Award Management (OCT 2018)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

52.219-14 Limitations on Subcontracting (OCT 2022)

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☒ By the end of the performance period for each order issued under the contract.

52.219-28 Post Award Small Business Program Rerepresentation (SEP 2023)

52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards — Overtime Compensation (MAY 2018)

52.222-6 Construction Wage Rate Requirement (AUG 2018)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination — Debarment (MAY 2014) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Pricing Method) (AUG 2018)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022)

52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN 2022)

52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022)

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

(SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016)

52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

52.223-21 Foams. (Jun 2016) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises (June 2000)

52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)

52.227-4 Patent Indemnity — Construction Contracts (DEC 2007)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

Alternate 1 (APR 1984) 52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (NOV 2023)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering – Construction (OCT 2020) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

452.236-77 Emergency Response (NOV 1996)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the

Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

http://uscode.house.gov/

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC

2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and €:

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following— https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.govinfo.gov/link/uscode/50/3003

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast

Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of

Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity’s possession about the identity of any covered articles, or any products or services produced or provided by a source.

This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable

FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph

(b)(1).

https://www.govinfo.gov/link/uscode/44/…