1284LM24Q0004.docx

Solicitation Number: 1284LM24Q0004

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05.

(iv) This procurement is set aside for small business. The NAICS code is 115310 and the Small Business Size Standard is $11.5M.

(v) Schedule of Items/Price Schedule

0001 Glacier Rim Access NFSR 10363

0002 Great Northern Flats Access NFSR 1070

0003 Ford Access NFSR 308

0004 Access Sign Installation NFSR 10363, 1070, 308

*Designated Method of Measurement: AQ = Actual Quantity, CQ = Contract Quantity, LSQ = Lump Sum Quantity.

**Unit: LS = Lump Sum, MI = Mile, SQYD = Square Yard, CY = Cubic Yard, FT = Foot, EA = Each.

Schedule Notes:

a) The Government intends to award one firm-fixed-price contract from this solicitation.

b) Contractors must submit pricing for all items.

c) Costs for mobilization and moves between job locations will be considered incidental to the work. Therefore, Contractors must consider this expense when submitting their offer. Meaning, any incidental costs should be included under the mobilization subitem.

(vi) Description of Requirement (including a list of any attachments)

1.0 General.

1.1 Description.

The Government contemplates a Firm-Fixed Price, stand-alone contract for road maintenance services located on the Flathead National Forest and Glacier View Ranger District near Kalispell, Montana, in Flathead County. The project consists of sign installation, road clearing, reconditioning, drain dip installation, re-establishing driving surfaces, and includes watering, mixing, blading, shaping, and compaction of processed material into a smooth non-segregated road surface. The services covered in this contract include the Contractor furnishing of all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform road maintenance on roads specified herein, in compliance with the terms, specifications, conditions, and provisions of this solicitation.

The Contractor shall install the drain dips, as staked, suitable for recreation traffic at specified locations within the roadway. Sections of roadway identified in the plans that require roadway reconditioning shall be fully reconditioned to include, ditch, shoulders, inlets/outlets, scarification, shaping, watering, and compacting in accordance with applicable specifications. Clearing of roadside brush and vegetation, including the disposal of material generated, as needed for project operations, will be allowed and shall be incidental to payment for the work being performed. Locations of sign installation are identified in the plans. Signs are government furnished. Contractor is responsible for posts and hardware. Refer to the separate attachment Forest Service Supplemental Specifications (FSSS) for additional specifications applicable to this contract.

1.2 Work Objective.

Successful, quality performance by the Contractor will result in road maintenance to include road clearing, reconditioning, drain dip installation, re-establishing driving surfaces, and includes watering, mixing, blading, shaping, and compaction of processed material into a smooth non-segregated road surface.

1.3 Project Location.

To reach the project start point from Flathead National Forest Supervisors Office, drive 16.7 miles to Columbia Falls, Montana via U. S. Highway No. 2 E, then turn left on 4th Ave. W in Columbia Falls. Continue onto 1st Ave. W N / Railroad Street. Drive 1 mile and continue onto North Fork Road. The project starting point is located on the Glacier View Ranger District, Section 35, Township 32 North, Range 20 West, PMM.

Continue on North Fork Road for 10.1 miles and turn right on NFSR 10363 for Glacier Rim River Access Site, 15.8 miles and turn right on NFSR 1070 for the Great Northern Flats River Access Site, or 44.6 miles and turn right on NFSR 308 for the Ford River Access Site.

1.4 Commencement, Prosecution and Completion of Work.

The Contractor shall be required to commence work under this contract within 10 calendar days after the Contractor receives the Notice to Proceed, prosecute the work diligently in accordance the contract, and complete the entire work ready for use not later than October 30, 2024.

The Contractor will be allowed to temporarily close portions of the road for which work is being performed that will not allow thru traffic (i.e., Steep/narrow sections). Allowance must be made for traffic to pass after each such section is completed, and can be passed safely, before next such section is started. The Contractor will also be required to accommodate public traffic to pass through site when encountered during normal surface re-establishment operations as soon as can safely be accomplished.

The time stated for completion shall include final cleanup of the premises.

1.5 Government Furnished Property (GFP).

Embankment Material – The source for government furnished unclassified borrow is the Red 2 Borrow Source, which is located on NFSR #115, MP 3.860, T. 35 N. R. 22 W., Section 10. Coordinate with COR prior to start of work.

Access Signs – Government Furnished – the Access Signs will be made available at the Flathead National Forest Supervisors Office. 650 Wolfpack Way, Kalispell MT, 59901.

2.0 Requirements.

2.1 Moving of Equipment and Supplies.

The moving of equipment and supplies to the job site and between job sites shall be the Contractor's responsibility and is incidental to Pay Items as shown in the Schedule of Items and no separate payment shall be made.

2.2 Replacement of Equipment.

The Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. All repairs are the total responsibility of the Contractor.

2.3 Equipment Performance Standards.

The Contractor shall make equipment available for inspection, equipment shall be weed free and approved by the COR prior to use.

The Contractor must satisfy all applicable OSHA and DOT requirements or certifications for the operation of offered equipment. There will be no obligation to make payment for any equipment delivered that does not meet the standards for this requirement.

2.4 Pollution and Erosion Control.

During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill.

Oil from crankcases or gear boxes, equipment waste or spilled or excess fuel shall be placed in containers and removed from the work site and disposed of as approved and required by Federal, State and Local laws.

Equipment uses for operations in close proximity to streams or bodies of water will be required to meet more stringent requirements regarding seals and fittings that prevent the leaking of hydraulic fluids, lubricants and fuels. Failure to comply will result in immediate rejection of equipment.

2.5 Weed Free Equipment

To prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all equipment prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only equipment inspected and approved by the Government will be allowed to operate within the project area. All subsequent move-ins of equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection for the COR or GTM at an agreed time and location.

2.6 Safety.

Contractor shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. Contractor must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials, and equipment. Contractor is responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control, and coordination with other users.

2.7 Damage to Structures.

The Contractor shall be held liable and is responsible for any damage caused by his/her personnel or equipment to any existing traffic loops, cattle guards, culverts, signs, and riprap protecting culvert inlets or fill slopes. Repair to these structures shall be at the Contractor's expense. Traffic loops will be marked on the ground with lath and fluorescent pink ribbon.

2.8 Loss, Damage, or Destruction.

Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment. All claims arising under this clause shall be submitted to the Contracting Officer.

2.9 Maintenance of Traffic and Use of Warning Devices.

Refer to the FSSS, under section 156 - Public Traffic for additional information.

The Contractor shall provide, erect, and maintain all necessary traffic control and devices for the protection of the work and public safety. The traffic control includes areas where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All traffic control methods and devices shall conform with the current edition of the Manual Uniform Traffic Control. Devices for Streets and Highways (MUTCD), published by the Federal Highway Administration and applicable safety codes.

2.10 Fire Control

2.10.1 Contractor’s Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

2.10.2 Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor, when requested by the Contracting Officer, shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned. Any employees and equipment furnished will be relieved from firefighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area. An equitable adjustment in contract time may be made for this period.

2.10.3 Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

2.10.3.1 Fire Tools. The Contractor, when required, will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, Pulaski, or ax. Tools required and furnished under 2.10.3.2 and 2.10.3.4 below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under 2.10.3.2 and 2.10.3.4 below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools, when required, shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

2.10.3.2 Fire Extinguishers and Tools on Mobile or Stationary Equipment. When required, each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc. and shall be equipped with serviceable tools and fire extinguishers as follows:

i. One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

ii. One - shovel, round point #0 lady or equal.

iii. One - ax, 2 pounds or over, 26-inch minimum length, or one Pulaski.

iv. One - water container (at least 1-gallon capacity), not required with stationary equipment.

2.10.3.3 Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multi-position engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

2.10.3.4 Power saws. For each power saw used in connection with this contract, the following will be provided:

i. One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

ii. One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a power saw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; power saw shall be moved at least 10 feet from place of fueling before starting.

2.10.3.5 Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

2.10.3.6 Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

2.10.3.7 Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

2.10.3.8 Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch. All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

2.10.3.9 Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor, upon request from the CO will prepare and submit a fire plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions. When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of the Contractor’s operations. The following requirements may be imposed:

i. All high fire risk operations could be terminated at 1300 local time.

ii. All burning could be stopped, including debris burning fires.

iii. Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

2.10.3.10 Pump and Trailer or Truck. During Stage I or II fire restrictions the following, when requested by the Government (CO) and mutually agreed upon by all parties, shall be required:

i. The Contractor shall provide at a location satisfactory to the COR, a serviceable truck or trailer, equipped with a firefighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity which shall be mounted to a live hose reel with a minimum of 100 feet of hose not less than (3/4) inch INSIDE diameter of non-collapsible (booster) hose with combination nozzle. Hose shall be connected to the water supply. The tank shall be attached to the chassis frame or to a structurally sound flat bed in such a way to withstand pitch, roll and yaw of the load during on and off-road operation of the unit without damaging the tank or other chassis components.

ii. The pump may be an auxiliary powered pump or a power take-off pump with discharge capacity of a minimum 10 gallons per minute at 100 P.S.I. pressure. All pumps shall have a discharge pressure gauge. If the pump is of the positive displacement type, a bypass or pressure relief valve shall be provided. The pump as mounted shall be capable of drafting water from a source located 10 vertical feet below the pump head through the required 20 feet of suction hose. A portable pump capable of filling a 100-gallon tank in 10 minutes or less may be substituted in order to meet the fill time requirements.

iii. Each Pump and Trailer or Truck unit shall have an additional fitting for 250 feet of ¾ inch garden type hose (capable of withstanding the required pressure), two ¾ inch gated wyes, and 4 hose nozzles of the shut-off type, adjustable for straight stream, spray, or fog.

iv. A fire extinguisher, multi-purpose 2A 10BC that is securely mounted to the trailer or truck and accessible by the operator shall be required. The fire extinguisher shall have a current annual inspection tag and the annual maintenance tag in regards to a 6 year annual inspection and every 12 years regarding a hydro test on all dry powder, metal fire extinguishers.

v. Tools, adapters, accessories and fuel necessary to operate the pump and trailer or truck shall be provided. If a trailer is used, the proper tow hitch shall require a 2-inch ball, a serviceable vehicle and shall be located at point satisfactory to the Contracting Officer. Fill sites shall be identified prior to use, and equipment shall be field tested in the presence of an inspector.

2.10.3.11 Burning. Before starting any open burning, the Contractor shall comply with the following:

i. Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

ii. Obtain a burning permit from the District Ranger.

iii. Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

iv. Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

v. Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

vi. Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

2.11 Biobased Product Utilization

Federal law, the Federal Acquisition Regulation (FAR), and Presidential Executive Orders direct that all federal agencies purchase biobased products in categories identified by the Department of Agriculture (USDA). Federal Agencies and their Contractors must comply with the requirements for the procurement of biobased products as set forth in Section 9002 of the Farm Security and Rural Investment Act of 2002, Section 9002 of the Food, Conservation and Energy Act of 2008, Section 9002 of the Agriculture Act of 2014, and Section 9002 of the Agriculture Improvement Act of 2018. These four Acts are collectively referred to as the “Farm Bills”. The Contractor shall also comply with FAR clause 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts incorporated by reference in this contract.

The Contractor shall utilize products and materials made from biobased materials (e.g., lubricants or grease, etc.) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All products and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All products and materials to be used in the performance of work described herein are subject to the approval of the CO.

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that the Contractor be able to supply the greatest number of biobased products listed as practicable.

(Below is a sample of biobased products for Construction)

(Below is a sample of biobased products for Operations and Maintenance)

Biobased products that are designated for preferred procurement under USDA’s Bio Preferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the USDA in the Bio Preferred Program, the Contractor is encouraged to use other commercially available biobased products such as biobased products certified with a label.

After award but prior to the start of work, the Contractor shall submit a complete list of biobased products that it intends to use or supply during performance of this services contract. For each biobased product listed, the Contractor shall identify: 1) Name of product; 2) Product’s intended use; 3) Product’s manufacturer; and 4) Cost of the product. The list shall be approved by the CO in writing. The Contractor shall not commence work until this list is approved by the CO.

The Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The Contractor shall also provide details on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

In accordance with FAR 52.223-2, the Contractor is required to submit a Bio Preferred Report annually via their SAM registration. The Contractor will list all product types and the dollar value of any USDA-designated biobased products purchased by the Contractor, for use on this contract, during the previous Government fiscal year, between October 1 and September 30. The Bio Preferred Report shall be submitted no later than October 31st each year and at the end of the contract.

3.0 List of Attachments

Attachment 1: Drawings-Maps Attachment 2: Forest Service Supplemental Specifications – FSSS Attachment 3: SCA Wage Determination Attachment 4: Experience Questionnaire and Past Performance Information Forms

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

Proposed period of performance: June 15, 2024, through October 30, 2024.

For location(s), see Section (vi) 1.3, Project Location.

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision) Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. www.sam.gov

2) Offers submitted in response to this solicitation shall include an experience questionnaire, past performance information, a price proposal, and contractor representations and certifications.

3) Submit offer by email to joanne.meiers@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

4) Address questions about this solicitation to JoAnne Meiers, joanne.meiers@usda.gov.

Addenda to Provision 52.212-1 paragraph (f) Late submissions:

Replace (f)(2)(i) with the following:

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Delete 52.212-1 (f)(2)(i) paragraphs A, B, & C.

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Past Performance (as demonstrated on the Experience Questionnaire and Past Performance Information Forms – See Attachment 4), Technical Capability/Approach, and Price.

Technical capability/approach and past performance, when combined, shall be considered equal to price.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (SEP 2023) (DEVIATION NOV 2022) (Provision) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:] (b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

DEVIATION NOV 2022] Offerors that are representing as joint ventures should submit their socio-economic status in the space provided above until such time that SAM.gov has been updated to include the joint venture representations contained within provision 52.212-3 paragraph (c).

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1) Addenda to 52.212-4:

Inspection and Acceptance.

The Contractor shall assure performance meets contract specifications, in accordance with FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services prior to requesting the Government to inspect for payment or acceptance. Upon completion of a road, or segment of road not less than 5 miles in length, the Contractor shall notify the COR in advance to set a mutually agreed upon date for inspection of completed work. The Government will inspect completed sections of road during the work week (i.e., Monday – Friday, excluding Holidays) within 5 business days following Contractor’s notification of completion of the work.

Acceptance.

Acceptance of the work under the contract will be made after steps above have been taken and the COR has made the determination of satisfactory compliance with the contract specifications. For acceptance purposes, complete segments as defined above, or an entire road if shorter in length, shall be satisfactorily completed before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.

Payment 151.03 (b) - Up to 25 percent of the original contract amount may be paid upon mobilization to the jobsite prior to any other work being completed. Any portion of the mobilization pay item in excess of 25 percent of the original contract amount will be paid after final acceptance.

Rework and Reinspection After Rework.

When inspection indicates the specifications are not met, the work will be deemed unacceptable, and payment will not be made until the Contractor has corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection. The Contractor may be charged (price reduction) for actual costs incurred by the Government for inspection of rework.

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (SEP 2023) (DEVIATION 2017-1)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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 products and commercial services:

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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.)

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1) (Whistleblower Guidance to Contractor Employees) ☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☒ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (11) [Reserved].

☐ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

☐ (13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (14) [Reserved] ☒ (15) (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.

☐ (16) (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.

☐ (17) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

☐ (18) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 (Sep 2023) of 52.219-9.

☐ (19) (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 ☐ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) ☐ 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.

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

☒ (23) (i) 52.219-28, Post Award Small Business Program Re-representation (Sep 2023) (15 U.S.C. 632(a)(2)).

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

☐ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (25) 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 (Oct 2022) (15 U.S.C. 637(m)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

☒ (33) (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.

☐ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22…