129JGP19Q0095_Facilities_Decommissioning_Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

959559 15

129JGP19Q0095

Robert Briney (530) 478-6120

9JGP 100

Sequoia National Forest 1839 S Newcomb St Porterville, CA 93257

9JGP

USDA Forest Service

R5 CENT-CAL ACQ SERV AREA (CCASA)

631 Coyote Street, Nevada City CA 95959

USDA, OCFO, COD, APB

USDA, OCFO, COD, APB

PO Box 60075

NEW ORLEANS LA 70160

Facilities Decommissioning Project Western Divide Ranger District, Kern River Ranger District Sequoia National Forest

See separate schedule sheet

Offers are accepted by mail, in person or electronic Mail

238910

$15.0 Million

06/11/2019

9A23

USDA Forest Service 631 Coyote St Nevada City, CA 95959

(530) 478-6120

NFC1

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

Contractor MUST be registered in the System for Award Management before award can be made:

http://www.sam.gov

Please provide the following information:

DUNS#

Email:

PHONE No.:

See schedule on next page.

A site visit for this project has been scheduled for the 21th of June 2019 at 11:00 A.M. PST meeting at the Hot Springs Work Center, 43474 Parker Pass Drive Hot Springs, CA

Facilities Decommissioning Sequoia National Forest

129JGP19Q0095

PART 1 THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

The Contractor shall furnish all equipment, labor, supplies, supervision, transportation, and incidental items necessary to perform the following work in accordance with the attached specifications and terms and conditions.

ITEM NO. DESCRIPTION

METHOD

OF MEAS

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

Cedar Creek Campground: Base Bid Work Items 01301 (01) Mobilization L.S.Q. L.S. 1

02100 (01)

Demolish, Remove, and Dispose Vault Toilet Building with Vault L.S.Q. L.S. 2

Greenhorn Summit Station: Base Bid Work Item

02100 (02)

Demolish, Remove, and Dispose Metal Storage building with foundation L.S.Q L.S. 1

Total Bid Base:

Hot Springs Work Center: Optional Bid Item 1

02100 (04A)

Demolish, Remove, and Dispose Fire Training Trailer building # 2016 L.S.Q L.S. 1

02100 (04B) Building # 2016 Asbestos Abatement L.S.Q L.S. 1

Sub-total Option 1:

ITEM NO. DESCRIPTION

METHOD

OF MEAS

PAY

UNIT

EST.

QTY

UNIT

PRICE

TOTAL

PRICE

Hot Springs Work Center: Optional Bid Item 2

02100 (05A)

Dispose Fire Barracks building # 1217 L.S.Q L.S. 1

02100 (05B) Building # 1217 Asbestos Abatement L.S.Q. L.S. 1

Sub-total Option 2:

Hot Springs Work Center: Optional Bid Item 3

02100 (06)

Dispose Laundry building # 1601 L.S.Q L.S 1

129JGP19Q0095

16010 (01)

Relocate 3-Phase Power Supply including new housing, and waterproof electrical panels L.S.Q. L.S. 1

Sub-total Option 3:

TOTAL BID ALL ITEMS

Price Submitted By:

Signature:

Vendor Name:

Vendor Address:

Vendor Phone Number:

Vendor Email:

Total Bid All Items:

NOTES:

1. OFFERORS MUST SUBMIT A PRICE FOR ALL ITEMS.

2. AWARDING OF THESE PROJECTS ARE CONTINGENT ON FUNDING

AVAILABILITY. AFTER AWARD OF THE BASE BID, BID OPTIONS MAY BE

AWARDED IN ANY ORDER OR COMBINATION.

SECTION C- STATEMENT OF WORK

C.1 DESCRIPTION OF WORK

Furnish all labor, equipment, and material to accomplish the work under this contract at three different sites on Sequoia National Forest land. Work includes but is not limited to the following major items:

A. Cedar Creek Campground (Base Bid):

1. Demolish, remove, and dispose two (2) single user vault toilet buildings with vaults.

B. Greenhorn Summit Work Center Metal Building Storage (Base Bid):

1. Demolish, remove, and dispose old metal storage building (approximately 1080 sq. ft.) with foundation including any footings and asphalt pavement.

2. Disconnect and remove the electrical service to the building, and one power pole which is no longer needed.

C. Hot Springs Work Center: Fire Training Trailer Demolition Option No. 1

1. Demolish, remove, and dispose all building and related improvements at the Fire Training Trailer # 2016

(1430 sq. ft.) including skirting, jacks, foundation, and disconnection of utilities. NOTE: The vinyl floor

129JGP19Q0095

tile mastic and roofing material seams and edges in this building are known to contain asbestos (see included reports) and must be managed in accordance with applicable regulations during demolition.

D. Hot Springs Work Center: Fire Barracks Demolition Option No. 2

1. Demolish, remove, and dispose all building and related improvements at the Fire Barracks Trailer # 1217

(1430 sq. ft.) including skirting, jacks, foundation, and disconnection of utilities. NOTE: The vinyl floor tile mastic, and roofing material seams and edges in this building are known to contain asbestos (see included reports) and must be managed in accordance with applicable regulations during demolition.

E. Hot Springs Work Center: Laundry Building Demolition Option No. 3

1. Demolish, remove, and dispose all above ground improvements at the laundry building #1601 (approx. 334

sq. ft.). Leave the existing concrete slab foundation in place.

2. Reconfigure the electrical service to serve remaining 3-phase and single phase loads. Disconnect and cap water and sewer utilities.

SPECIAL NOTE:

The Contractor shall keep his equipment and work areas confined to the areas shown on the attached location maps and drawings. At no time shall the Contractor use the site for recreational purposes or have people living and using the site who are not working on the project. No pets of any kind will be allowed to live at or hang around the Hot Springs and Greenhorn Summit Work Center. The Contractor shall provide an on-site portable toilet for the Contractor’s employee’s use.

The Contractor should refer to the SCHEDULE OF ITEMS and project plans and specifications when making estimates of quantities of work.

The Contractor is advised to submit technical proposals and pricing in accordance with Section M, Evaluation Factors for Award.

C.2 PROJECT LOCATION

The project sites are located at the Sequoia National Forest and are listed below located on two districts at two separate work center locations and one campground as follows:

Western Divide Ranger District:

Hot Springs Laundry Building (#1601), Fire Training Trailer (#1217), and Fire barracks building (#2016). The project is located at the Hot Springs Work Center, 43474 Parker Pass Drive, Hot Springs, CA in Tulare County on the Sequoia National Forest.

Kern River Ranger District:

Greenhorn Summit Work Center Storage building and Cedar Creek Campground. The project is located at the Greenhorn Summit Station at the intersection of State Highway 155 and Rancheria Drive, Wofford Heights, CA in Kern County on the Sequoia National Forest.

Cedar Creek Campground. The project is located on State Highway 155 between Glenville and Wofford Heights, CA in Kern County on the Sequoia National Forest.

C.3 CONTRACT TIME

Estimated start work date is August 1, 2019. The contract time is 60 calendar days. Contract time includes all demolition and disposal work. No exceptions. The Government has a maximum of 5 calendar days to review each submittal before making a decision. The Contactor shall provide the time in their bid for the review and approval process.

C.4 CONTRACTOR FURNISHED SUPPLIES, SERVICES, AND EQUIPMENT

The Contractor is responsible for furnishing all labor, equipment, supervision, transportation and materials necessary to complete the project. The Contractor shall provide his own toilet facilities at the job site.

C.5 PROJECT SITE CLEANUP

Project site cleanup includes the removal and proper disposal of all construction trash, debris, residue, and asphalt and concrete slag off of National Forest Land. Items such as excess paint and miscellaneous building materials are considered the property of the Contractor and shall be removed from the project site.

All spills of petroleum products including leak spots from parked vehicles shall be removed and properly disposed according to all Local, State, and Federal rules, regulations, and laws governing such disposal.

During the Work, the Contractor is required to furnish dumpsters or other trash receptacles and to empty such containers either as they become full or weekly, whichever is more frequent. The Contractor shall not place materials of any kind into private or Government trash bins or dumpsters.

C.6 PRICE RANGE

The price range of this project is between $25,000 and $150,000.

C.7 SPECIAL CONDITIONS AFFECTING THE WORK

a. Work Hours. Work hours are from 7:00 am to 5:00 pm Monday through Friday. Weekend work is only allowed if the Contracting Officer is notified in writing and gives approval.

b. Safety, Emergency Communications and Evacuation. Contractor is responsible for the safety of the

Contractor’s employees including Subcontractors employees, Government employees associated with the project, and any visitors to the site both Government and private. The Contractor shall submit a project safety plan to the Contracting Officer for review prior to commencement of Work. The project safety plan shall comply with the appropriate California OSHA and Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

c. Highway Permits. Contractor is responsible for securing any overload or over width limit permits required for the transport of equipment to the site or building materials and sections or parts of buildings from the project site. The Contractor is responsible for conducting a thorough reconnaissance of all routes leading to the site. The Government will not be responsible for any building materials that cannot be transported to the site.

d. Traffic Safety. Contractor is responsible for complying with the State of California regulations for working in the highway right-of-way. This includes but is not limited to furnishing traffic control signs and flag persons.

e. Toilets. No toilet or shower facilities are available on site. The Contractor shall provide an on-site portable toilet for the Contractors employee’s use.

f. Camping. Contractor may use a self-contained travel trailer or recreational vehicle to camp on National Forest System lands near the project sites subject to the approval of the Contracting Officer. All waste material must be transported off-site to a station equipped to handle such waste.

g. Security. Contractor is responsible for the Contractor’s equipment and building materials supplied to the site. All equipment not equipped with a key lock system shall be secured in such a manner as to make it inoperable to the average person at the end of each working day. All hand tools, ladders and other equipment shall be secured at the end of each working day. On Fridays all construction debris, trash, and refuse shall be properly stored in dumpsters or trash bins or removed from the site.

h. Burning Permits. Contractor is subject to all rules and regulations governing the on-site burning of slash and other debris. Contractor shall obtain a burning permit from the jurisdiction having control over burning.

The Contractor shall comply with Fire Plan for Construction and Service Contracts included in the Contract.

i. Protection of Resources. Contractor shall thoroughly clean all equipment prior to delivery to the project site to remove weeds, mud, grease and oil buildup from the tires, wheels, tracks, engines and engine compartments, and other surfaces. Spills of petroleum products and other hazardous substances shall be reported, contained, and removed in accordance with all applicable rules, regulations and laws. Contractor shall submit a project spill response plan at the pre-work meeting for review by the Contracting Officer.

j. Asbestos Containing Materials. Known Asbestos containing materials are identified in reports included with this Contract, and must be managed in accordance with applicable regulations during demolition and renovation activities.

C.8 PRE-BID CONFERENCE OR TOURS

Contractors are advised to visit the site on their own and make the necessary site investigations prior to submitting proposals.

C.9 APPLICATION OF PROJECT SPECIFICATIONS

The specifications applicable to this contract are included in the contract package. Other specifications identified by reference in the master specification are included by reference and are a part of this contract.

C.10 CONDITIONS AFFECTING THE AWARD OF CONTRACT

Contractors are directed to Section L and M of the contract. These sections have questions that must be answer fully and completely to be considered for award.

SECTION F--DELIVERIES OR PERFORMANCE

FAR 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 _60__after the effective date of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

Work Timing Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time.

Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time specified.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Emergencies Fire Plan

[ X]See Section J, Fire Plan [ ]Not applicable; however, Contractors are required to comply with State law during fire season.

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

[ ](a) Trail Construction - 100 meters on either side of the centerline

[ X](b) Construction of Structures - 100 meters around the perimeter of the project [ ](c) Road Construction - 400 meters on either side of the centerline [ ](d) Special for this project:

Utility Services

NONE

Superintendence by Contractor In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

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.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

The project site is bisected by the Lincoln Highway. The asphalt surfacing on the site must remain in its current condition. Contractor must take precautions to prevent any damage to the asphalt resulting from the work in this contract. Also at the site, on the uphill side of the Lincoln Highway is a stone wall that must remain intact and protected throughout the contract.

Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning All equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

Weed Free Materials All materials including, but not limited to: straw or mulch used for erosion control, gravel or fill must be certified weed free material. A certificate from the county of origin stating the material was inspected is required.

Parking, Storage and Security The Contractor shall coordinate parking of Contractor’s vehicles and temporary storage of equipment and hazardous materials with the Contracting Officer. Security for the Contractor's equipment and supplies shall be the sole responsibility of the Contractor.

Public Access Prevention Contractor shall post signs at all access roads informing them of restricted access and public safety concerns. Signs shall meet Manual of Uniform Traffic Control Devices (MUTCD) guidelines and the El Dorado County Regional (Public Roads) Standards.

Fees The Contractor shall, without additional expense to the Government, pay all Federal, State, County and Municipal fees applicable to the performance of the work.

The Contractor shall be responsible for all required testing and fees that are described in the approved Contractor's Work Plan.

Existing Utilities Water: The water lines around Hell Hole Station would be removed with care taken to leave the waterline between Big Meadows Campground and Hell Hole Campground intact, since those facilities will remain in operation. This waterline must be protected in-place. Short disruptions in service to the campgrounds will be allowed, these water shut-off periods must be scheduled in advance with the COR and the Forest Service Recreation Officer. After demolition is complete, this waterline must remain in-tact with the water on. Any damage to the waterline will be the responsibility of the contractor. The service line to the Fire Station must be cut and capped. The exact location of this waterlines is unknown.

Sewer: The Guard Station has an on-site septic tank, contractor will locate and pump it. All sewer line from the house to the tank will be removed. If the tank is concrete, it will be crushed and buried in place. The leach field will be left in place.

Electric: Overhead powerlines serve the Fire Station. The overhead service to the building will be removed prior to contract award by the power company.

Gas: There is an existing propane tank on-site. This will be removed and transported by contractor to the location designated by CO.

Site Best Management Practices The area of ground disturbance should be kept at a minimum. No material will be discharged into or stored next to the two nearby streams. Sediment containment structures such as fabric fences, fiber rolls, or logs should surround the areas of ground disturbance.

SECTION I:

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

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

By reference:

52.212-1 Instructions to Offerors – Commercial Items 52.212-3 Offeror Representation and Certifications – Commercial Items 52.212-4 Contract Terms and Conditions—Commercial Items 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.223-1 Biobased Product Certification.

52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts.

52.223-4 -- Recovered Material Certification 52.223-17 – Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.237-5 -- Payment by Contractor to Government. Fill in Information: 60 days of receipt of notice of award, shall pay None.

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

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items

(May 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

http://www.arnet.gov/far/

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _XX_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

_XX__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_XX__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_XX__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_XX__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

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

_XX__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

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

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_XX__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_XX__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

_XX__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

_XX _ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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

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

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

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

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_ XX __ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (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.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _ XX __ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 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).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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).

_ XX __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

_XX _ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, 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 (Jan 2019) (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) 52.219-8, 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (Jan 2019) (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 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 (May 2014) (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 (Dec 2015).

(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. (May 2014) (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.

(End of Clause)

FAR 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

A government lead site visit is scheduled for the 21st of June 2019 at 11:00 A.M. PST meeting at the Hot Springs Work Center, 43474 Parker Pass Drive, Hot Springs.

SECTION J

LIST OF ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The attachments listed below form a part of this Request for Quotations and any resultant contract:

Attachment Title No. of Pages 01 Specifications 17 02 Facilities Decommissioning Project Drawings 4 03 Asbestos Survey 13 04 Fire Plan 9 05 Wage Determination WD 15-5657 11 06 Special Evaluation Factors Questionnaire 2

NOTE: IN COMPLIANCE WITH THE PAPER REDUCTION ACT, FAR CLAUSES 52.212-3, 52.212-1 AND

52.212-2 AND ADDENDUMS ATTACHED THERETO, WHICH APPLY ONLY TO THE SOLICITATION

PHASE, ARE NOT DUPLICATED AFTER CONTRACT AWARD. HOWEVER, THEY ARE INCORPORATED

BY REFERENCE INTO THE RESULTING CONTRACT.

SECTION M--EVALUATION FACTORS FOR AWARD

AWARD DETERMINATION

Award will be made using Simplified Acquisition procedures. Award will be made to that Respondent whose quote represents the best value to the Government. Factors to be considered in determining best value include such matters as price, experience, delivery, quality, and past performance. If specially weighted factors are listed below, they will be used to make the award determination.

Award will be by numbered item; there will be no separate award for individual sub-items. If the Schedule of Items contains more than one numbered item, the government may elect to award all to one quoter, or to split the award.

The Respondent must be able to obtain any license(s) required in Section C in order to be determined responsible.

AS NOTED IN SECTION B, QUOTES FOR QUANTITIES LESS THAN THOSE SPECIFIED MAY NOT BE

CONSIDERED.