Sol_140P1424Q0007_Amd_0004.pdf

(x)

140P1424Q0007 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

PIR

Yellowstone NP WY 82190 Mammoth Supply Center / 22 Stable St PO Box 168 NPS, IMR - Northern Rockies MABO

11/16/20230004

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

11/16/2023

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of Amendment 0004 is to provide the final questions (indicated as Q#) received during the question-and-answer period and provide the answers (indicated as A#) to the questions received. This amendment also incorporates the recent FAR Provisions and Clauses updates as provided by Federal Acquisition Circular (FAC) 2024-01. Any clause or provision updates provided below supersede the previous versions of the clauses or provisions. This amendment does not extend the response due date.

Q1. Do the posts need to be set in concrete or just driven in?

A1. The government prefers that the posts are driven in.

Q2. Is this landscape flat or mountainous and would we be able to use a machine on all of

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Stacy Vallie

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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(A) (B) (C) (D) (E) (F)

140P1424Q0007/0004 it or will there be a lot of hand digging?

A2. The government considers 90% of landscape to be "flat". There is a creek and a dry creek bed that have some steep lopes on the banks. The creek has a bridge, the fence doesn't need to go across the creek, but fencing on both sides.

Q3. What size of pipe gate will be needed?

A3. No less than 14 gauge and a "standard" 64 inch heigh gate.

Q4. From the sounds of this, it sounds like it will all be in a straight line more or less?

A4. Yes.

FAR Clause 52.213-4 Terms and Conditions -

Simplified Acquisition (Other Than Commercial

Products and Commercial Services) (DEC 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 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)).

(ii) 52.204-23, Prohibition on

Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered

Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(iii) 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).

(iv) 52.204-27, Prohibition on a ByteDance

Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of

52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain

Security Act Orders-Prohibition. (DEC 2023) (Pub.

L. 115-390, title II).

(vi) 52.222-3, Convict Labor (Jun 2003)

(E.O.11755).

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Sponsored by GSA

FAR (48 CFR) 53.110

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(A) (B) (C) (D) (E) (F)

140P1424Q0007/0004

(vii) 52.222-21, Prohibition of

Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal

Opportunity (Sept 2016) (E.O.11246).

(ix) 52.225-13, Restrictions on

Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the

Department of the Treasury).

(x) 52.232-40, Providing

Accelerated Payments to Small Business

Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10

U.S.C. 3801).

(xi) 52.233-3, Protest After

Award (Aug 1996) (31 U.S.C.3553).

(xii) 52.233-4, Applicable Law for Breach of

Contract Claim (OCT 2004) (Pub. L. 108-77 and

108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr

1984). See 52.232-5.

(ii) 52.232-8, Discounts for

Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr

1984).

(iv) 52.232-25, Prompt Payment

(Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.233-1, Disputes (May2014).

(vii) 52.244-6, Subcontracts for

Commercial Products and Commercial Services (DEC

2023).

(viii) 52.253-1, Computer

Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee

Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive

Compensation and First-Tier Subcontract Awards

(Jun 2020)(Pub. L. 109-282) (31 U.S.C. 6101 note)

(Applies to contracts valued at or above the

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(A) (B) (C) (D) (E) (F)

140P1424Q0007/0004 threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child

Labor-Cooperation with Authorities and Remedies

(NOV 2023) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for

Materials, Supplies, Articles, and Equipment

Exceeding $15,000 (Jun 2020) (41 U.S.C.chapter

65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) (29

U.S.C.793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States).

(For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment

Reports on Veterans (Jun 2020) (38 U.S.C.4212)

(Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service

Contract Labor Standards (Aug 2018) (41

U.S.C.chapter 67) (Applies to service contracts over $2,500 that are subject to the Service

Contract Labor Standards statute and will be performed in the United States, District of

Columbia, Puerto Rico, the Northern Mariana

Islands, American Samoa, Guam, the U.S. Virgin

Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix) (A) 52.222-50, Combating

Trafficking in Persons (NOV 2021) (22 U.S.C.

chapter 78 and E.O 13627) (Applies to all

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(A) (B) (C) (D) (E) (F)

140P1424Q0007/0004 solicitations and contracts).

(B) Alternate I (Mar 2015)

(Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United

States to which the document applies).

(x) 52.222-55, Minimum Wages for

Contractor Workers Under Executive Order 14026

(JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the

Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake

Island, and the Outer Continental Shelf Lands Act

(43 U.S.C. 1331, et seq.))).

(xi) 52.222-62, Paid Sick Leave

Under Executive Order 13706 (Jan 2022) (E.O.

13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the

District of Columbia.))

(xii) 52.223-5, Pollution

Prevention and Right-to-Know Information

(May2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting

Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.

13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (Jun2016) (E.O.

13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42

U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or

Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the

Contractor for use in performing services at a

Federally-controlled facility;

(C) Furnished by the

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140P1424Q0007/0004

Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xvi) 52.223-20, Aerosols (Jun

2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvii) 52.223-21, Foams (Jun

2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xviii)(A) 52.225-1, Buy

American-Supplies (OCT 2022) (41 U.S.C.chapter

67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the

Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of

52.225-1:

(A) The cost of its components mined, produced, or manufactured in the United States exceeds _60_ percent of the cost of all its components.

(xix) 52.226-6, Promoting Excess

Food Donation to Nonprofit Organizations (Jun

2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR

26.404 on the date of award of this contract, that provide for the provision, the service, or

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140P1424Q0007/0004 the sale of food in the United States).

(xx) 52.232-33, Payment by

Electronic Funds Transfer-System for Award

Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award

Management (SAM) as its source of EFT information).

(xxi) 52.232-34, Payment by

Electronic Funds Transfer-Other than System for

Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxii) 52.247-64, Preference for

Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) (46 U.S.C. 55305) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

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

2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the

Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for

Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of

Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin

(Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination

(Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) 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):

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___https://www.acquisition.gov/browse/index/far___

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The

Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can

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(A) (B) (C) (D) (E) (F)

140P1424Q0007/0004 demonstrate to the satisfaction of the

Government, using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the

Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the

Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

FAR Provision 52.204-29 Federal Acquisition

Supply Chain Security Act Orders - Representation and Disclosures (DEC 2023)

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

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