GRAIP_Sol..docx

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

BASE BID ITEM

High Clearance Level 2 Roads

OPTIONAL BID ITEMS

High Clearance Level 2 Roads

High Clearance Level 3 Roads

High Clearance Level 2 Roads

High Clearance Level 3 Roads

DUNNS #_____________________________________________

Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).

For more information on biobased program: http://www.biobased.oce.usda.gov/fb4p/aboutus.aspx To locate biobased products: http://www.biobased.oce.usda.gov/fb4p/Catalog.aspx

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

INTRODUCTION - The Shoshone National Forest has identified a need to complete a geomorphic roads analysis and inventory (GRAIP) in the Sunlight Basin area using the GRAIP road inventory process: https://www.fs.fed.us/GRAIP/manuals.shtml. At a minimum the Base Option (Section B) will be completed during the 2017 field season.

BACKGROUND & PROJECT AREA– An important first step in managing forest roads for improved water quality and aquatic habitat is the performance of an inventory. The Geomorphic Roads Analysis and Inventory Package (GRAIP) was developed as a tool for making a comprehensive inventory and analysis of the effects of forest roads on Watersheds.

The intent of this project is to develop an inventory that describe the road-stream sediment delivery and hydrologic connectivity; gully, landslide, and stream crossing failure locations and risk; and the condition of the existing road drainage network in the Sunlight Basin watersheds. The data will be utilized to inform future watershed improvement needs and projects. This project is also a “pilot” to determine if future forest-wide inventories would be beneficial and financially efficient.

The project area is generally located in the following area, Latitude: 44°40'43.48"N and Longitude: 109°39'8.98"W. It’s approximately 55 miles northwest of Cody, WY. The road system contains seasonal closures from October 1 to July 15, steep high clearance roads best suited for ATV travel, and stream crossings. Grizzly bears are common, and food storage regulations apply to this area. Private land inholdings are also present in the area, and these areas are not part of the solicitation. The State land road segments are not currently part of this solicitation.

SCOPE - This solicitation includes application of Volume 1: Data Collection Method of GRAIP and Volume 2: Office Procedures. The work includes data collection, converting to shapefiles and GIS data cleaning (pre-processing).

Data Collection (from Volume 1) Point data are collected for each point where the road water leaves the road surface describing the stream connection, condition, and discharge location of the drainage feature. Detailed information is collected at stream crossings to allow for risk assessment of blockage by woody debris and sediment, as well as the potential for flow diversion. For the road, data are collected as a line describing the locations of flowing water, flow path vegetation, surface type, and the condition of the flow paths and road surface. Point data are also collected for each gully and landslide, as well as for photos, gates, and other features.

Converting to Shapefiles and Data Pre-Processing (from Volume 2) The data collected in the field must be changed from the format used by the GPS systems in the field to the format used by ArcGIS. The data must first be brought into Pathfinder Office with the correct format. Next, a differential correction is performed using downloaded base station data in order to remove data points that have very low precision (an internet connection is required for this step). Finally, the differentially corrected files must be exported into their final format, which is the GIS shapefile. For pre-processing, the DEM must be clipped to the correct watershed, a new set of files must be created with the GRAIP Preprocessor, the errors generated during the creation of those files must be corrected, and the road lines must be made to both reflect the actual shape of the road and be free of excess zigzag.

APPLICABLE DOCUMENTS – The below documents identify the project location, the required data collection, the materials that are needed to complete the job, and any other pertinent information. The GRAIP website is located at: https://www.fs.fed.us/GRAIP/index.shtml .

The below documents can be obtained through the following Google Drive link: https://drive.google.com/drive/folders/0B98hMt73ze_4Qkt4RlpBRHNKdVE?usp=sharing .

· Black, Thomas A.; Cissel, Richard M.; Luce, Charles H. 2012. The Geomorphic Road Analysis and Inventory Package (GRAIP) Volume 1: Data Collection Method. Gen. Tech. Rep. RMRS-GTR- 280WWW. Fort Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. 110 p. https://www.treesearch.fs.fed.us/pubs/40654

· Cissel, Richard M.; Black, Thomas A.; Schreuders, Kimberly A. T.; Prasad, Ajay; Luce, Charles H.; Tarboton, David G.; Nelson, Nathan A. 2012. The Geomorphic Road Analysis and Inventory Package (GRAIP) Volume 2: Office Procedures. Gen. Tech. Rep. RMRS-GTR-281WWW. Fort Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. 160 p. https://www.fs.fed.us/GRAIP/manuals.shtml

· 2014 Office Procedures Addendum (https://www.fs.fed.us/GRAIP/manuals.shtml)

· Data Dictionary. See Downloads and Software at: https://www.fs.fed.us/GRAIP/index.shtml#

· List of Equipment (Crew Gear List). See Supporting Information at: https://www.fs.fed.us/GRAIP/index.shtml# or Appendix E of RMRS-GTR-2012

· Road Shapefiles. Use UTM NAD83 Zone 12.

· Excel Table of Roads

· Sunlight Basin GRIAP.kmz. General project location using Google Earth.

TECHNICAL REQUIREMENTS

Qualifications Qualifications for consideration include demonstration that at least one field crew member has had the GRAIP training provided by Tom Black of the Rocky Mountain Research Station (https://www.fs.fed.us/GRAIP/training.shtml). This includes training on both the field components as well as running the model. Additionally at least one field crew member must have collected and processed this data outside of the training.

Data Collection

· Will follow most current GRAIP protocols at time of field data collection (RMRS-GTR-280 2012 & RMRS-GTR-281 2012 with 2014 Office Addendum).GIS data will be collected using UTM NAD83 Zone 12.

· Utilize most current Field Data Dictionary and Database at time of data collection.

· Data will be collected using current version of TerraSync with a legal license.

· At least two representative photos will be collected along each road segment and geo-referenced.

· Photos of areas of concern as well as those of properly functioning road segments would be valuable additions to this data set for the area. The number and location of these type photos will be at the contractor’s discretion. Geo-referencing these sites would be useful.

Data Submittal Data will be provided electronically to the COR.

Data Types to be submitted:

All GIS data collected and created per GRAIP method (geodatabases, rasters, shapefiles etc.).

Field Data Dictionary used to collect data with TerraSync.

Per protocol from “Organizing and Keeping Track of Data (Volume 1 – page 10):

· Scanned field notebook pages referencing road segments

· Excel spreadsheet with row for each road segments and comments

SCHEDULE

Dates that are not currently identified will be set following contract award.

· Submit all questions in writing by May 11th. Responses to questions will be provided to all parties by May 16th.

· Submittals are due by 12pm MST on May 18th.

· Award: No later than June 1.

· Pre-Work Meeting at the project site will be scheduled based on convenience for both parties, but will occur no later than the day before project work begins. The contractor, crew, and COR will meet on site to discuss any questions, provide maps, clarify on-site camping options, etc.

· Within the first 15 days of the field work, the contractor will provide a cleaned version of the GIS data to the COR for two roads. The data will be reviewed and discussed with the contractor within eight days of receipt for data quality review.

· Thereafter data will be shared intermittently, and the contractor will inform the COR of their schedule so that the field visits can be made.

· Final products will be submitted to the COR by November 10, 2017.

· Requests for clarifications or corrections will be supplied to the contractor by November 17, 2017.

· Final data products will be submitted by December 4th, 2017.

PROPOSALS

Proposals will be rated based on Technical Approach, Past Performance and Qualifications, and Price.

Responses to this solicitation should be no more than five double sided pages and include:

· Technical Approach

· Qualified Personnel: The names and relevant experience of employees that will perform duties of the key personnel positions. Identify the pertinent certifications, education, and other experience of each.

· Electronics & Equipment: Identify and describe that all necessary equipment for the project is available.

· Quality Control & Oversight: Describe how data will be collected and how onsite work will be monitored and discrepancies identified and corrected.

· Knowledge of the Project Location: Demonstrate an understanding of the location, terrain, and your experience working in project locations with Grizzly bears.

· Safety: Describe the safety protocols of your field crews.

· Past Performance & Qualifications

· Past Performance: A list of all applicable contracts and subcontracts completed during the past three (3) years and all contracts and subcontracts currently in process. Include the contract name, number of government contracts, and primary contact information for applicable past contracts for project references.

· Qualifications: Demonstrate that projects are completed on time and within budget.

· Price

· Provide your most competitive price. Note: unit price prevails; all pricing should be in the format of dollars and cents.

· This criterion will include consideration of cost information provided to support item prices entered in Section B, Schedule of Items. It is the Government's intent to assess the price/cost breakdown to determine (1) reasonableness, (2) offeror's understanding of the work, and (3) bond capacity.

Note: The Government will evaluate offers in accordance with FAR 15.304. Best value will be based upon the evaluation criteria and price. The Government reserves the right to award a contract to other than the lowest priced offer if a higher priced offer is judged to have a higher performance/qualification confidence rating. In that event, the contracting officer shall make an integrated assessment, best value award decision.

SECTION D -- PACKAGING AND MARKING

{No clauses in this section.}

SECTION E -- INSPECTION AND ACCEPTANCE

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-4 Inspection of Services -- Fixed-Price (Aug. 1996)

SECTION F -- DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from Notice To Proceed through December 31, 2017.

SECTION G -- CONTRACT ADMINISTRATION DATA

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The COTR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COTR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is not required.

52.242-17 Government Delay of Work (APR 1984)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

EMERGENCY CONTROL - FIRE PLAN

This plan outlines the channels of responsibilities for fire prevention and suppression activities and sets up an attack procedure in the event of a fire within the project area. The project area is defined as that area within the National Forest and within one-tenth mile of the project right-of-way, work areas, and all roads used for construction purposes. The Interagency Fire Dispatch Center will be contacted in the event of any fire in or near the project area(s) (1-800-295-9954).

A. Tools and Equipment

1. Tools.

B. General Provisions

1. Fire Prevention

serviceable arresting devices that meet Forest Service Standard 5100-1, Spark Arrestors for Internal Combustion Engines. Information in this standard will be furnished upon request.

NOXIOUS WEEDS

The Contractor shall make all equipment intended for use on this project available for inspection by the CO prior to entering the Shoshone National Forest. If the Engineer determines that the equipment could be carrying potentially noxious weed seeds, the Contractor shall thoroughly wash the equipment. This equipment washing shall be conducted at a site owned or leased by the contractor or a commercial site designated for this work, outside the Shoshone National Forest.

SAFETY PLAN

0. The Contractor shall provide a copy of their safety plan at the pre-work meeting.

0. The Safety Plan should be available to all employees and subcontractors working on the contract.

0. The Safety Plan should cover at a minimum:

2. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

2. Personal Protective Equipment required for the work under the contract

2. Appropriate OSHA requirements for the type of work under the contract

2. Weather considerations for the time of year of the contract.

2. Communication issues and locations of the nearest medical facilities to the job site.

2. Emergency numbers to contact if an accident happens.

United States Department of Agriculture Forest Service Rocky Mountain Region—Shoshone National Forest Intermountain Region—Bridger-Teton National Forest

Occupancy and use restrictions For the purpose of minimizing adverse interactions between bears and humans and pursuant to Title 36 Code of Federal Regulations (CFR), 261.50 (a) and (b), the following uses are restricted in those areas of the Shoshone National Forest and the Bridger-Teton National Forest as shown on the attached map (Exhibit B) and hereby made part of this Order. Also attached, and hereby made part of this Order, are Definitions (Exhibit A) of terms used in support of the restrictions. This Order is effective March 1 through December 1, annually, until rescinded.

1. Possessing or storing any food or refuse, as specified in the Order (36 CFR 261.58 (cc).

1. Possessing, storing, or transporting any bird, fish, or other animal, or parts thereof, as specified in the Order (36 CFR 261.58 (s).

1. Camping as specified in the Order (36 CFR 261.58 (e).

Under this order it is required that

1. All food and refuse must be acceptably stored or acceptably possessed during daytime hours.

1. All food and refuse must be acceptably stored during nighttime hours, unless it is being prepared for eating, being eaten, being transported, or being prepared for acceptable storage.

1. Any harvested animal carcass must be acceptably stored, unless the carcass is being field dressed, transported, being prepared for eating, or being prepared for acceptable storage.

1. Camping or sleeping areas must be established at least ½ mile from a known animal carcass or at least 100 yards from an acceptably stored animal carcass.

Exemptions Pursuant to 36 CFR 261.50 (e) the following persons are exempt from this Order:

1. Persons with a permit issued by the Forest Supervisor specifically exempting them from the effect of this Order.

1. Persons in the act of placing black bear baits for the lawful purpose of hunting black bears under state law and regulation.

1. Any Federal or State officer placing baits to capture animals for research or management purposes as part of their official duties.

These restrictions are in addition to the general prohibitions in 36 CFR Part 261, Subpart A. This Order supersedes any previous Order prohibiting or restricting the same, or similar, acts in the above-described areas.

Done this day _12_ of _December, 2003.

RICK CABLES

Regional Forester Rocky Mountain Region

JACK TROYER

Regional Forester Intermountain Region

Any violation of these prohibitions is punishable by a fine of not more than $5,000.00 for an individual or $10,000.00 for an organization, and/or imprisonment for not more than six (6) months, or both (Title 16 USC 551, Title 18 USC 3571 (b)(6), Title 18 USC 3581 (b)(7)).

Exhibit A Occupancy and Use Order No. 04-00-104 Special Order—Food Storage and Sanitation Definitions

“Food and Refuse” means any substance, solid or liquid (excluding water, baled hay, or hay cubes without additives) or refuse, which is or may be eaten or otherwise taken into the body to sustain health or life, provide energy, or promote growth of any person or animal. Also includes items such as soft drinks, alcoholic beverages, canned foods, pet foods, processed livestock feed and grains, personal hygiene products, and empty food and beverage containers.

“Animal carcass” means the dead body or parts thereof, of any harvested mammal, bird, or fish, including the head or skull plate with antlers or horns and hide or cape of big game animals and any domestic livestock that may be found in the restricted area. Packaged or prepared animal carcass products transported into the restricted area for consumption, game birds, small mammals, or fish harvested for consumption in the restricted area are considered food under the previous definition.

“Acceptably stored” means:

Stored in bear-resistant container certified through the Interagency Grizzly Bear Committee Courtesy Inspection Program. A container may be certified by the local district ranger or their designated representative(s) if it meets the IGBC criteria, or Stored in a closed vehicle where the storage compartment is constructed of solid, non-pliable material that, when secured, will have no openings, hinges, lids, or coverings that would allow a bear to gain entry by breaking, bending, tearing, biting, or pulling with its claws (any windows in the vehicle must be closed), or Suspended at least 10 feet clear of the ground at all points and four feet horizontally from any supporting tree or pole, or Stored within a hard-sided residence, building, or storage container subject to the terms and conditions of a special-use authorization or operating plan, or Stored by other methods approved in a permit issued by the forest supervisor responsible for the area where the method is proposed for use.

For animal carcasses: stored as per 3. a-e when located from 100 yards to ½ mile of a camping or sleeping area or within 200 yards of a National Forest System Trail. Animal carcasses are not considered acceptably stored when within 100 yards of a camping or sleeping area or National Forest System Trail. Animal carcasses more than ½ mile from a camping area or sleeping area and more than 200 yards from a National Forest System Trail may be left on the ground.

Animal carcasses killed or harvested (and parts thereof) within ½ mile of any established camping area or sleeping area must be acceptably stored, possessed, or moved to a distance beyond ½ mile from any such camp or sleeping area by the party(-ies) responsible for killing or harvesting such mammal.

“Acceptably possessed” means:

Possessed or attended during daytime by a person(s) that is physically present within 100 feet and direct sight of the accessible food, or Possessed or attended by such a person(s) for the purpose of field dressing lawfully taken animal carcasses, transporting any food or animal carcass, preparing any animal carcass or food for eating, or eating any food.

“Camping/sleeping area” means National Forest System Lands temporarily used for the purpose of overnight occupancy without a permanently fixed structure or lands temporarily occupied by unattended camping equipment.

“Daytime” means ½ hour before sunrise to ½ hour after sunset, Mountain Time.

“Night time” means ½ hour after sunset to ½ hour before sunrise, Mountain Time.

“National Forest System Trail” means a trail wholly or partly within, or adjacent to, and serving a part of the National Forest System and which has been included in a forest recreation map.

Exhibit B Occupancy and Use Order No. 04-00-104 Special Order—Food Storage and Sanitation Area of Application

WESTERN BOUNDARY: North from Alpine along divide of Snake River Range from Dry Gulch to Ferry Peak summit, along top of divide to Deadhorse Peak and north along Targhee-Bridger-Teton Forest boundary.

SOUTHERN BOUNDARY: The expanded food storage boundary on the Bridger-Teton National Forest begins on the southwest at the south side of the confluence of the Snake and Greys Rivers. It then runs east and north along the Snake River corridor, including that area ½ mile south and east of the river itself, to the junction with the Hoback River. At Hoback Junction the area covered by the food storage order runs east along the Hoback River corridor, also including that area up to ½ mile south of the river, to where the Hoback River leaves U.S. 189/191. From there the food storage order applies north of the U.S.189/191 corridor, also including that area up to ½ mile south of the highway and running east to the Forest boundary in T37N, R111W, Section 32 (The Rim). From there the boundary runs northeast along the Forest boundary to the Green River, then southeast along the Forest boundary to Boulder Creek, then east and north along the south side of Boulder Creek to Pipestone Creek, then north along the south side of Pipestone Creek to Lake Prue, then northeast along the south side of Europe Canyon to the Continental Divide.

SECTION I--CONTRACT CLAUSES

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

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FAR 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

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

ADDENDUM TO FAR 52.212-4

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016)

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

NEW --- Invoice Processing Platform NOTE: The paragraph below replaces the paper invoice copies requirement referenced on FAR 52.212-4 (g) invoices.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account

FAR 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.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of Clause)

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

Funds are not presently available for performance under this contract. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 11/30/2015, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the

Government or other specified event whose occurrence will terminate the period of notice, or combination of any applicable events or period of time. This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

(End of clause)

FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any 48 CFR CHAPTER 1 clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

AGAR 452.237-75 Restrictions against disclosure (Feb 1988) 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Supervisor

(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. (End of Clause) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— (Jan 2017)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

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

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

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

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

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

__ (ii) Alternate I (JAN 2011) of 52.219-4.

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Nov 2016) of 52.219-9.

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

XX (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). At least 50% of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

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

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

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

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

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

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

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

XX (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

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

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

XX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.