REVISED_AG84N8S170084_RFQ_Solicitation.pdf

REGION 4 UTAH ACQUISITION SUPPORT CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE: U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

UTAH ACQUISITION SUPPORT CENTER

2222 WEST 2300 SOUTH

SALT LAKE CITY, UT 84119

FAX (801) 975-3483

SOLICITATION NO.: AG-84N8-S-17-0084

OFFERS ARE SOLICITED FOR: YELLOWPINE & UPPER STILLWATER CAMPGROUND SLURRY SEAL,

ASHLEY NATIONAL FOREST

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR

RESPONSE TO THIS SOLICITATION:

1. SF-1442 – Solicitation, Offer and Award (Complete, Date, and Sign)

2. Part I, Section B.1, Schedule of Items

3. Part IV, Section K.1, 52.204-8 Annual Representations and Certifications

4. Part II, Section K.3, 52.204-17 Ownership or Control of Offeror

5. Part II, Section K.4, 52.222-22 Previous Contracts and Compliance Reports

6. Part II, Section K.5, 52.222-25 Affirmative Action Compliance

7. Part II, Section I.7, 52.225-9 Buy American Construction Materials (If Applicable)

8. Exhibit #1, Experience and Equipment

Questionnaire

9. Exhibit #2, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction

10. Attachment #4, Subcontractor Reporting Form (if applicable)

11. Responses to Technical, Past Performance & Worksite Safety (Detailed in Sections L and M).

NOTICE TO OFFEROR(S)/SUPPLIER(S): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

It is required that you write the solicitation number on the outside of your envelope. Offers must be mailed or hand delivered (faxed or e-mailed offers will not be accepted). Please keep a copy of your quote for your records.

Return to: USFS - Region 4 - Utah Acquisition Support Center ATTN: Charlotte Vanderbilt 2222 West 2300 South Salt Lake City, UT 84119 Solicitation No: AG-84N8-S-17-0084

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED AND VALID IN THE SYSTEM FOR AWARD

MANAGEMENT – SAM - DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION.

THE WEBSITE IS WWW.ACQUISITION.GOV; CONTRACTORS SHALL ALSO BE REGISTERED IN THE SAM

DATABASE UNDER THE NAICS CODE THAT THIS SOLICITATION IS BEING ISSUED UNDER, OR

DEMONSTRATE THEIR ABILITY TO QUALIFY AS A SMALL BUSINESS UNDER THE IDENTIFIED NAICS CODE.

http://www.acquisition.gov/

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ XX IS IS NOT A SMALL BUSINESS SET- ASIDE 1 53

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

AG-84N8-S-17-0084 05/17/2017 UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) USDA - Forest Service Region 4, Utah Acquisition Support Center 2222 West 2300 South

Salt Lake City, UT 84119

See Contract Time

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER X OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Charlotte Vanderbilt, Contract Specialsit Valton Mortenson, COR

975-3471 781-5147

a. NAME OF CONSIGNEE

8. TO: Section C - Location & Description

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

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

May 31June , 2017 1:00 pm 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)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f) Yellowpine & Upper Stillwater Campground

Slurry Seal, Duchesne Ranger District, Ashley National Forest Duchesne County, Utah

PLEASE PLACE YOUR QUOTE IN SECTION B-1

SCHEDULE OF ITEMS

FURNISHING QUOTATION: Complete Standard Form 18, Section B, Section K, Experience Questionnaire, and Requirements of Section L as your quote. Return to the address shown in Block 5a. Please place “Solicitation No. AG-03R6-S-17-0084 on the envelope.

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

12. DISCOUNT FOR PROMPT PAYMENT (%) (%) NUMBER PERCENTAGE

NOTE: Additional provisions and representations X are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

DUNS NO. _____________ TIN NO.___________________

CAGE Code (see FAR Provision 52.204-16) ________________

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AG-84N8-S-17-0084

Yellowpine & Upper Stillwater Campground Slurry Seal Project

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

YELLOWPINE & UPPER STILLWATER CAMPGROUND SLURRY SEAL PROJECT

Duchesne Ranger District, Duchesne County, Utah

Ashley National Forest B- 1 Schedule of Items

Schedule of Items – Amended 5/26/2017

Item No. Description Method of Measure

Unit of Measure Quantity Unit

Price Price

151.1 Mobilization LSQ LS 1

410.1

Yellowpine Campground Roads (Access Road, Trailer Dumpstation, Turnaround Loop, and Campground Loop) - Latex modified Type II Slurry Seal CSS-1H

CQ CQ-SY 11,000

410.2 Yellowpine Campground Spurs & Pullouts - Latex modified Type II Slurry Seal CSS-1H

CQ CQ-SY 4,700

410.3 Yellowpine Campground Trails and Camp Sites - Latex modified Type II Slurry Seal CSS-1H

CQ CQ-SY 1,800

414.1 Asphalt Pavement Crack and Joint

Sealing, Polymer or Rubber Modified AQ - Gallon Gallon 220

622.01 Equipment Rental - Broom

(Equiv. to Broce RJ-350) LSQ LS 1

Base Total Option A

410.1a Upper Stillwater Campground Road - Latex modified Type II Slurry Seal CSS- 1H

CQ CQ-SY

6,200

410.2a Upper Stillwater Campground Spurs & Pullouts - Latex modified Type II Slurry Seal CSS-1H

3,000

410.3a Upper Stillwater Campground Trails and Camp Sites - Latex modified Type II Slurry Seal CSS-1H

1,400

414.1a Asphalt Pavement Crack and Joint Sealing, Polymer or Rubber Modified AQ - Gallon Gallon 300

622.01 Equipment Rental - Broom

(Equiv. to Broce RJ-350) LSQ LS 1

Option A Total Option B

410.1b Yellowpine Nature Trail - Latex modified Type II Slurry Seal CSS-1H CQ CQ-SY 1,200

Option B Total

Project Total

* Designated Method of Measurement: DQ - Designed Quantities, AQ - Actual Quantities, LSQ - Lump Sum Quantities, CQ-Construction Quantities

B- 2 Quote on all items. Only quotes to the nearest cent will be accepted. Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

B- 3 Per FAR 36.204, the estimated project magnitude is between $100,000 and $250,000, closer to the lower end.

B- 4 Payment for Bond Premiums: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

B- 4 Option Items: The Government reserves the right to exercise Option Item A & B within 10 days of contract award. Contractor will be notified in writing of the Government’s intentions.

Name of Company (please print):

Date:

Signature of Company Agent:

DUNs Number:

E-Mail Address:

Phone Number:

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Yellowpine and Upper Stillwater CG Slurry Seal Project

C-1 SCOPE OF CONTRACT

This project consists of sweeping, cleaning cracks ¼” and greater with a hot air lance, filling these cracks with crack seal, and placing a Latex modified, Type II slurry seal on existing paved areas in the Upper Stillwater and Yellowpine Campgrounds. Work includes sweeping and removal of dirt and vegetation; crack sealing all ¼” and greater cracks on campground access and loop roads, spurs, and pullouts; and placing a Type II slurry seal on paved campsites, trails leading to campsites, spurs, pullouts, and campground roads. The cracks on trails leading to campsites and campsites do not need to be crack sealed.

C-2 PROJECT LOCATION

This project includes two campgrounds (Yellowpine CG and Upper Stillwater CG) which are approximately 3.5 miles apart. The project is located approximately 35 miles northwest of Duchesne, Utah. The project can be accessed by taking Highway 87 north from Duchesne 14 miles to the intersection with Highway 134. Turn north onto Highway 134 and travel 3 miles to Mountain Home, Utah. Travel west from Mountain Home on Forest Road 134 approximately 19 miles to Yellowpine Campground. Upper Stillwater Campground is 3.5 miles further up the canyon from Yellowpine CG just below the Upper Stillwater Dam.

C-3 SITE INFORMATION AND LIMITATIONS

The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

1. The Campgrounds will be closed for the season starting September 5, 2017 (after Labor Day Weekend).

2. The Contractor will be responsible for signing, limiting access, and safety of public and/or government employees in the area.

3. The Contractor is responsible for the security of the Contractor’s equipment and materials.

4. Utilities are not available at the site for construction purposes.

C-4 TRAFFIC CONTROL AND CONSTRUCTION SIGNING

The Contractor shall submit a traffic control plan and Schedule to the CO for approval. The campgrounds will be closed to the public during slurry seal placement. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD). All traffic control signs will be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Access gates to the campgrounds may be closed by the contractor to limit access to the project areas. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

C-5 STAGING AND STORAGE AREAS

Raw materials for the project can be staged in a large pullout near the forest boundary and the intersection of forest road 198. This staging area is approximately 5 miles from Yellowpine CG.

Materials can also be staged on the Yellowpine trailer dump station road. All other areas for staging operations and storage of materials shall be approved by the COR. The Contractor must request in writing for approval from the COR to stage trailers in Yellowpine and Upper Stillwater Campgrounds.

C-7 SUBMITTALS

T The contractor shall submit manufacturer’s cut sheets for the crack seal material and the Latex modified Type II slurry seal to the Contracting Officer and Contracting Officer Representative at least one week before starting work on the project. These products must be approved in writing before beginning the work.

C-8 CONTRACT TIME

Anticipated Start Date for this project is on or around September 5, 2017

A. Base Item: 15 Calendar Days from Notice to Proceed

B. Option A: 4 Calendar Days from Notice to Proceed

C. Option B: 2 Calendar Days from Notice to Proceed

C-9 SPECIFICATIONS

FP-14 "Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP-14, U.S. Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract. . The following list of Standard and Supplemental Project Specifications are applicable to this project.

*SPS 101 Measurement and Payment

Copies are available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at http://flh.fhwa.dot.gov/resources/pse/specs/fp-03.htm.

C- 10 DRAWINGS

See Section J, Attachment 3 for the listing of Drawings that are incorporated into this solicitation and any resultant contract.

C- 11 Biobased Product Utilization

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality http://flh.fhwa.dot.gov/resources/pse/specs/fp-03.htm 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’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Concrete and Asphalt Release Fluids Diesel Fuel Additives Hydraulic Fluid 2-Cycle Engine Oil Absorbents

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

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Experience Questionnaire, pages **).

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

• The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

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

• Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

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

http://www.biopreferred.gov/

• The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

C-12 INSPECTION OF WORKSITE

The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

END OF SECTION C

March 2017

SECTION D – PACKING AND MARKING

{For this Solicitation, there are NO clauses for this Section}

GENERAL SPECIFICATIONS

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations –

52.242-14 Suspension of Work (APR 1984)

F- 2 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 3-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 15 days for the base work and 4 and 2 days for option item exercised from the date the Contractor receives the Notice of Proceed. The time stated for completion shall include final cleanup of the premises. (see Section C) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

PART I – THE SCHEDULE

SECTION G – CONTRACT ADMINISTRATION DATA

G- 1 CONTRACTING OFFICE: The Utah Acquisition Support Center of the United States Forest Service, Department of Agriculture is responsible for this solicitation, award and administration of the contract. All written correspondence shall reference the contract number and/or solicitation number.

Communications shall be directed to:

Utah Acquisition Support Center, Charlotte Vanderbilt, Contracting Officer 2222 West 2300 South, 2nd Floor, Salt Lake City, UT 84119 Phone: 801.975.3471 E-Mail: cvanderbilt@fs.fed.us

G- 2 CONTRACTING OFFICER’S REPRESENTATIVE: The awarded base contract will have a Contracting Officer’s Representative (COR) designated by appointment letter

G- 3 SUBCONTRACTS: Before entering into a subcontract covering any part of the work called for, the Contractor shall inform the Contracting Officer and submit information required by the Contracting Officer, including a signed SF-1413 and report the percentage of subcontracting performed on this project (See Attachment #4).

G- 4 MEASUREMENT: Units of measurement shall be as indicated in the Schedule of Items.

G- 6 AGAR 425.215-73 POSTAWARD CONFERENCE (Nov 1996): A post award conference with the successful offeror is required. It will be scheduled within 10 (ten) days after the date of contract award. The conference will be held at a time and location to be determined.

G- 7 SUBMISSION OF INVOICES: The Contractor shall utilize the Invoice Processing Platform (IPP) for the electronic submission and tracking of purchase orders, invoices, and payment information.

IPP is a secure Government-wide, Web-based invoice processing service offered free of charge to Government Agencies and their suppliers.

A one-time enrollment in IPP will generate a series of emails that will be sent to the point of contact established in your SAM.gov account. The first email will be from “IPP User Administration” and will contain the IPP login ID and link to the IPP Website. A second email from “Treasure UPS User Administration” containing the password will be sent within 24 hours. Once both emails are received, the Contractor will login to the IPP application and complete the registration process. After login, you will be able to access IPP training information.

IPP System benefits include the ability to create invoices directly from a contract award and submit them electronically, as well as:

Email notification when invoice(s) are paid Online payment history Email notification when you are awarded a new contract mailto:cvanderbilt@fs.fed.us

The email notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. For additional information, please visit the www.ipp.gov website to learn more. The IPP Customer Support Desk is available to assist users Monday through Friday (excluding Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973.3131 or they can be reached at IPPCustomerSupport@fms.treas.gov.

http://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 USE OF PREMISES

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business.

H- 2 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Site Superintendent or Equivalent.

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H- 3 AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

H- 4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 5 INCIDENTIAL PAYMENT ITEMS

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 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): Federal Acquisition Regulations -http://www.acquisition.gov/far and the Agriculture Acquisition Regulations –

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUNE 2003) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination--Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive order 13658 (DEC 2015) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JULY 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY

2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (JAN 2017) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-76 Samples and Certificates (FEB 1988)

I- 2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause–

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

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I-3 FAR 52.217-7 – OPTIONS FOR INCREASED QUANTITY – SEPARATELY PRICED

LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from date of award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I-4 FAR 52.219-28 POSTT-AWARD SMALL BUSINESS PROGRAM REPRESENTATION

(JUL 2013)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

http://www.sba.gov/content/table-small-business-size-standards

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it is, is not a small business concern under NAICS Code 237310 assigned to contract number AG-84N8-C-17-0014.

Contractor Signature (Name &Title) Date

I-5 FAR 52.222-62 PAID SICK LEAVE UNDER THE EXECUTIVE ORDER 13706 (JAN 2017)

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)–

“Child”, “domestic partner”, and “domestic violence” have the meaning given in 29 CFR 13.2.

“Employee”–

(1) (i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706, and

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

(B) Including employees who qualify for an exemption from the Fair Labor Standards

Act's minimum wage and overtime provisions,

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work 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.

(2) (i) An employee performs “on” a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs “in connection with” a contract if the employee’s work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

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“Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” has the meaning given in 29 CFR 13.2.

“Multiemployer” plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

“Paid sick leave” means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13.

“Parent”, “sexual assault”, “spouse”, and “stalking” have the meaning given in 29 CFR 13.2.

“United States” means the 50 States and the District of Columbia.

(b) Executive Order 13706.

(1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall–

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction

(except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29

CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including–

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment.

(1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13.

(h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13.

(i) Recordkeeping

(1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor:

(i) Name, address, and social security number of each employee.

(ii) The employee’s occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours worked.

(v) Any deductions made.

(vi) The total wages paid (including all pay and benefits provided) each pay period.

(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2).

(viii) A copy of employees’ requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests.

(ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor’s paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706).

(x) A copy of any written responses to employees’ requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3).

(xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee.

(xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave.

(xiii) The relevant contract.

(xiv) The regular pay and benefits provided to an employee for each use of paid sick leave.

(xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4).

(2) (i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions. Only if the Contractor adequately segregates the employee’s time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee’s time may the Contractor properly refuse an employee’s request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave.

(ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(i) or (iii), the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave.