AG-4756-S-17-0002.pdf

AG-4756-S-17-0002

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

10/28/2016 829370

1 42

CHEROKEE NATIONAL FOREST

2800 NORTH OCOEE STREET

CLEVELAND TN 37312

USDA FOREST SERVICE

365 Days After Award

USDA FOREST SERVICE

CHEROKEE NATIONAL FOREST

2800 NORTH OCOEE STREET

CLEVELAND

TN 37312

423 476-9706NINA BARROW

11/29/2016 1600 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Perform road grading on an as-needed, requirements basis for the North Zone of the Cherokee National Forest in Cocke, Greene, Unicoi, Carter, Johnson, Sullivan and Washington counties, TN. (See Schedule of Items, pg. 2)

DUNS #: _____________________

Registered in SAM? _____ yes _____ no

001 Provide road grading for fall FY2017 for the northend of Cherokee NF Product/Service Code: Z2LB Product/Service Description: REPAIR OR ALTERATION Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

AG-4756-S-17-0002

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Delivery: 365 Days After Award

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

Service RFQ AG-4756-S-17-0002 Road Grading, NZE, Cherokee NF

PART I – THE SCHEDULE

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Contractor shall furnish all labor, equipment, transportation, supervision, and incidentals to perform road grading on an as-needed, requirements basis on the North Zone of the Cherokee National Forest, Watauga and Unaka Ranger Districts, Tennessee, in accordance with the attached specifications and exhibits.

Item 1: Unaka Ranger District (Cocke, Greene, Unicoi and Washington counties)

ITEM DESCRIPTION UNIT MM ESTIMATED

QTY UNIT PRICE TOTAL PRICE

1A Road Grading (Roadbed) Mile AQ 45.0 $ $

1B Road Grading (Ditching) Mile AQ 20.0 $ $

Total, Items 1A & 1B: $

Item 2: Watauga Ranger District (Carter, Johnson, and Sullivan counties)

ITEM DESCRIPTION UNIT MM ESTIMATED

QTY UNIT PRICE TOTAL PRICE

2A Road Grading (Roadbed) Mile AQ 45.0 $ $

2B Road Grading (Ditching) Mile AQ 20.0 $ $

Total, Items 2A & 2B: $

GRAND TOTAL, ITEMS 1 AND 2: $__________________

Note to Contractors: Award will be made on an all-or-none basis. A complete quote package will consist of:

• SF-18 Cover Sheet (fill in blocks 13-16)

• Completed Section B – Schedule of Items with pricing entered

• Completed Section K – Representations and Certifications

• A narrative response to Section M – Evaluation Factors

Registration in the System for Award Management (SAM) is not required for submission of a quote; however registration must be completed within 5 days of notification of award. Registration is free at the website www.sam.gov/ .

Submit quotation package by:

• Hard copy mail to the address in Block 5a of the SF-18 Cover Sheet

• Email to nbarrow@fs.fed.us http://www.sam.gov/ mailto:nbarrow@fs.fed.us

SECTION C - Description/Specifications/Statement of Work

DIVISION 100 – SCOPE OF WORK

110 - SCOPE OF CONTRACT

Contractor shall furnish all operating fuel, lubricants, labor, transportation, equipment, supervision, and other incidentals necessary to perform road grading as indicated on the Schedule of Items on an “As-Needed”, requirements basis in accordance with the specifications, terms and conditions as contained herein. Actual miles to be graded will be based on prices submitted and funds available at times of need.

Work may be performed in remote, mountainous areas. Cell phone service may not be available at job site.

Estimated quantities (miles) are shown in the Schedule of Items. These quantities are not a representation that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal. The estimates were obtained from records of previous requirements, projected need from work plans, or by other means, and are based on the most current information available.

Actual work ordered will be based on prices submitted and funds available at times of need. The Government anticipates placing task orders estimated not to exceed $150,000 over the life of the awarded contract. Task orders may be issued from date of award for one calendar year. Contractor will be paid at bid rate for actual work performed.

Road grading measurement shall be made to the nearest tenth (0.1) of a mile using an odometer calibrated over a measured mile.

For ditches, measurement shall be made for each side of the road. Lead-off ditches shall be measured from the road ditch line to the end of the ditch and converted into miles. The total length of lead-off ditches cleaned and reshaped shall be measured prior to conversion and rounding off to the nearest tenth of a mile.

Contracting Officer’s Representative will give approval or delay for grading if conditions are too wet or to dry. If more than 1” of rain has been received in the last 24 hours grading will be delayed until dryer conditions are favorable to grade. If no rain has been received in the last 15 days grading will be delayed until measurable rain has been received. Weather days will be considered to extend contract time by the Contracting Officer.

120 – PLACEMENT OF ORDERS

The Ordering Office is Cherokee National Forest, 2800 N. Ocoee Street, Cleveland, Tennessee 37312. No oral or telecommunicated orders will be allowed under this contract. Only the following are authorized to place orders under this contract:

Cherokee National Forest Contracting Officer Cherokee National Forest Purchasing Agent

Task orders will be issued in writing and are valid if signed by one of the individuals listed above. Each task order will specify the roads to be serviced, services to be provided, the order in which performance is required and contract time for performance in accordance with this contract.

Contractor shall begin work within ten (10) calendar days from receipt and acknowledgement of Notice to Proceed (NTP) or as directed by the COR.

130 – PROJECT LOCATION

Work sites will be within the administrative boundaries of the Cherokee National Forest on the Unaka and Watauga Ranger Districts as shown on the Schedule of Items. Specific work site(s) will be as indicated on each delivery order as issued.

The Unaka District is comprised of Cocke, Greene, Unicoi, and Washington Counties, Tennessee.

The Watauga District is comprised of Sullivan, Johnson, and Carter Counties, Tennessee.

Technical contact for questions about this work for both Districts is Cody Field, 423-735-1566.

DIVISION 200 – TECHNICAL SPECIFICATIONS

210 – MOBILIZATION ALLOWANCE

There is no separate pay item for mobilization. Mobilization cost shall be included in bid price.

220 – EQUIPMENT SPECIFICATIONS

Road Grader: Grading equipment furnished shall have a minimum weight of 20,000 lbs and a minimum SAE horsepower of 85.

The equipment shall be equipped with power functions, a scarifier and a fire extinguisher. A Rollover Protective Structure (ROPS) is required by Occupational Safety and Health Act (OSHA) if equipment was manufactured on or after July 1, 1969.

Equipment shall be provided with a Forest Service approved spark arrester.

240 – REQUIREMENTS

A. Public Safety and Traffic Control

The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to road users.

The Contractor shall post warning signs with flags on each end of the section of road being worked. Signs shall be of the size, quantity, and colors as required in the current edition of the "Manual on Uniform Traffic Control Devices". These signs shall be moved as needed to properly delineate and identify the section of road being maintained. At no time shall these signs be more than one mile from operating equipment and shall be in place only when road equipment or men are actually performing operations.

All slow moving equipment shall have a reflectorized "slow moving" vehicle emblem properly attached.

All work shall be so scheduled so that at the end of a working period, the road is passable for the type of traffic normally using the road. If, for any reason traffic hazards are left in or adjacent to the road after normal work periods, they shall be properly signed as hazards and visibly illuminated at night.

B. Technical Requirements

(1A/2A) Road Grading - Blading operations shall be conducted as required to remove, by scarifying and cutting out, ruts, potholes, corrugations, and berms (Minimum of 2 Passes). All suitable dislodged aggregate shall be smoothly redistributed over the entire roadbed to produce proper cross slope or crown of 3/4 inch per foot. Scarifying teeth shall not be spaced greater than 11”.

All suitable aggregate which has been worked onto the roadbed edge by traffic or maintenance activities shall be reclaimed onto the roadbed. All suitably sized material disturbed within the roadbed or removed from ditches shall be smoothly spread within the roadbed after movement sufficient to sift out surface aggregate. Assure proper surface drainage following this operation. No undercutting of roadbed edge nor material berms will be allowed. No material shall be deposited in ditches.

All oversized and objectionable material shall be removed from the roadbed surface after the blading operation is complete. This waste material includes all loose rocks four (4) inches or larger in the greatest dimension above the graded surface, limbs and woody material larger than 1 ½ inches in diameter and 18 inches long, and sod or clumps of debris larger than 6 inches.

Rock and debris shall be wasted beyond the edge of the roadbed (see Exhibits). No material shall be deposited in ditches, streams or in such places as to interfere with the road drainage.

Total roadbed width, including turnout, turnarounds, and parking lots shall be bladed as existing unless otherwise directed by the C.O.R. or his designated representative.

Dips, swales, and water bars shall be maintained if necessary. If the dip is functioning as designed, no work will be required.

Waste material removed, including leaves, shall not be deposited in piles either on the roadbed or the cutslope, but shall be spread out where it will not re-enter the culvert, catch basin, or inlet/outlet ditches. If the material is suitable and is deposited on the roadbed, it shall be spread out smoothly within the roadbed. Placing waste material on steep or high cutslopes will not be permitted.

Any culverts that are found to be damaged or in non-functional condition shall be reported to the COR.

All culverts shall be cleaned by removing all slit, muck, rock, and debris from culvert interior (3 feet each end), inlet catch basin, and inlet and outlet ditches shall also be cleaned and free from debris.

No work shall be done in the following areas on weekends (Fri.- Sun) and 1 week prior to or after major summer holidays.

Hickory Tree Road # 251 Flatwoods Road # 87, (Hickory Tree to Three Rocks).

Jacobs Cr. Rec. Complex # 337 – 337C Old Forge/Jennings Cr. #331

(1B/2B) CLEAN AND RESHAPE DITCHES - The ditches to be maintained in their original location to the shape and grade required to insure drainage of the road. Drainage structures and road features shall not be damaged during this operation.

Handwork required to properly connect ditch flow lines to drainage structure inlets is considered a part of this work.

Drainage structures and road features damaged during the maintenance operation shall be repaired or replaced at the expense of the Contractor.

When ditch bottoms are soft or if there is standing water present, avoid running the grader tire in the ditch. Reshape the ditch using the extended blade.

All suitable material excavated through this activity shall be reclaimed and used within the roadbed. Following this work the surface shall be bladed.

Excessive or unsuitable materials reclaimed onto the roadbed from ditches and culvert inlets shall be evenly spread on the roadway or wasted along the roads. No material shall be allowed to fall into a flowing stream.

No work shall be done in the following areas on weekends (Fri. - Sun.) and 1 week prior to or after major summer holidays. (See List in Surface blading requirements)

Tail and Lead-Off Ditches

Ditches shall be opened to provide drainage away from the roadway. No material excavated from these structures shall be reclaimed onto the roadbed. This work is incidental to 1B.

DIVISION 300 – INSPECTION AND ACCEPTANCE

310 – INSPECTION

The contractor’s proposed equipment shall be made available to the Contracting Officer’s Representative for inspection prior to award of this contract.

Weed Control

To mitigate the spread of noxious weeds, all equipment entering the site shall be cleaned thoroughly. Equipment will be inspected by the Contracting Officer's Representative prior to entrance onto Federal lands. Equipment shall proceed directly to the job site following the inspection.

320 – ACCEPTANCE

Acceptance of the equipment shall be contingent upon approval of the Contracting Officer’s Representative.

DIVISION 400 - MEASUREMENT AND PAYMENT

410 – MEASUREMENT

For all surface blading, and cleaning and reshaping ditches, measurement shall be made to the nearest tenth (0.10) of a mile by the COR using a vehicle odometer. Contractor will be paid at price quoted for actual miles worked or tasks performed per task order.

A “Mile” is a mile of Forest Service road graded regardless of the number of passes required.

For ditches, measurement shall be made for each side of the road. Lead-off ditches shall be measured from the road ditch line to the end of the ditch and converted into miles. The total length of lead off ditches cleaned and reshaped shall be measured prior to conversion and rounding off to the nearest tenth of a mile.

420 – PAYMENT

Payment shall be made in accordance with Clause 52.232-1, Payments, at the established unit prices for work based on units ordered, actual number of units completed by the contractor and accepted by the Government.

Biobased Products

The Contractor shall utilize products and materials made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR). Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated at www.biopreferred.gov.

http://www.biopreferred.gov/

SECTION D - Packaging and Marking (For this solicitation, there are no clauses in this section)

SECTION E - Inspection and Acceptance

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

SECTION F - Deliveries or Performance

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

The Contractor shall be required to (a) commence work under this contract within the number of days stated in the Task Order, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than total contract time stated in the Task Order. The time stated for completion shall include final cleanup of the premises

52.242-15 Stop-Work Order. (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

452.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this contract is from date of award through one calendar year.

SECTION G - Contract Administration Data

Clauses

452.215-73 Post-award Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: Watauga Ranger District Office, 4400 Unicoi Drive, Unicoi TN 37692.

H - SECTION H - Special Contract Requirements

452.237-74 Key Personnel. (FEB 1988)

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

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II – CONTRACT CLAUSES

SECTION I - Contract Clauses

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

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

52.204-7 System for Award Management. (JUL 2013)

(a) Definitions. As used in this provision-

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that-

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through one calendar year.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $25,000;

(2) Any order for a combination of items in excess of $50,000; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 Requirements. (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of all orders placed during the contract period.

52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract completion date.

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.222-3 Convict Labor. (JUN 2003) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEP 2016)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-41 Service Contract Labor Standards. (MAY 2014)

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage - Fringe Benefits

GS-5 $13.54

Fringe Benefits:

Paid Holidays: 1. New Year`s Day, 2. MLKing’s Birthday, 3. Washington`s Birthday,4. Memorial Day, 5. Independence Day, 6.

Labor Day, 7. Columbus Day, 8. Veteran's Day, 9. Thanksgiving Day, 10. Christmas Day.

Paid Vacation: 2 hours Annual Leave each week with less than 3 years service.3 hours Annual Leave each week with 3 but less than 15 years service.4 hours Annual Leave each week with 15 or more years service.

Health and Insurance: 5.1% of hourly rate

Retirement: 7% of hourly rate

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015)

(a) Definitions. As used in this clause-

"United States" means the 50 states and the District of Columbia.

"Worker"-

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and -

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O.

minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition-

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to-

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker's occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract.

These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Anti-retaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

52.223-2 Affirmative Procurement of Bio-based Products under Service and Construction Contracts. (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.232-1 Payments. (APR 1984) 52.232-11 Extras. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-25 Prompt payment. (JUL 2013) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-8 Other Contracts. (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract.

The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

52.243-1 Changes - Fixed-Price. (AUG 1987)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes…