Attach E -Statement of Work_FY24-FY28 EYNF Facilities IDIQ.docx

PART I—THE SCHEDULE

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

FY24-FY28 EYNF FACILITIES IDIQ

C.1 SCOPE OF CONTRACT

A Multiple Award Indefinite Delivery/Indefinite Quantity Contract (IDIQ) for engineering construction projects in Puerto Rico, United States. The IDIQ contract will require contractors to provide construction services through both the traditional design-bid-build (DBB) and design-build (DB) methods. In the traditional DBB method the Government will provide the contractor with a full design and the associated specifications, requiring the contractor to perform solely the construction services. The DB method would require the same contractor to provide both the design and construction services. In both situations the contractor will be required to provide all labor, materials, supplies, equipment, transportation, supervision, ancillary services, and other necessary items to complete the work. The work performed may include new work, additions, alterations, or maintenance and repairs to facilities or sites. The services are for construction and real property maintenance and repair.

It is the intent that all task orders will be competed among the IDIQ contract holders. Actions under $25,000 may be issued on a sole source basis, or to a limited number of contract holders. Other actions issued as sole source will be in compliance with the FAR’s sole source or fair opportunity requirements.

The IDIQ contract will have a contract ceiling of $10 Million. All task orders and subsequent modifications will not exceed $10 Million over the term of the contracts. The USFS will have the right to recompete this requirement or use other contracting methods for similar work that could fall under this IDIQ, at any point during the term of this contract. This is not a Requirements Contract. The Government is not obligated to award any task orders beyond the guaranteed minimum of amount of $2,500.

The majority of task orders will be valued under $150,000 However, individual task orders may be valued up to $3 Million.

The primary NAICS code is 23622 Commercial and Institutional Building Construction. Other NAICS codes that may be applicable are 237110 Water and Sewer Line and Related Structures Construction, 237990 Other Heavy and Civil Engineering Construction, and 238210 Electrical Contractors and Other Wiring Installation Contractors, and 238220 Plumbing, Heating, and Air-Conditioning Contractors.

C.2 PROJECT LOCATON

Work will be located in Puerto Rico. The work will be located within the National Forest boundaries of Puerto Rico. Work will primarily be on Forest System Facilities such as administrative heritage and Recreation Area sites. Each Task Order will identify the specific project location. A vicinity and project location map will be provided to the contractor with each Task Order RFP.

Work locations may also be at remote Forest Service sites in rural/mountain locations. Locations may be in steep, narrow, and brushy areas. Access roads and trails (averaging 2-feet or more in width) may be paved, gravel, or unsurfaced.

Cell phone coverage may not be available or limited. Potable water, electricity, and sanitary facilities may not be available at majority of the sites.

C.3 PERIOD OF PERFORMANCE

The ordering period of the IDIQ contracts will be five (5) years from the effective date of the award or when the shared ceiling of $10 Million is reached, whichever comes first.

C.4 ACTIVITIES

IDIQ Task Orders will include specific requirements for the work to be performed.

Contractor(s) shall provide all personnel, equipment, transportation, supervision, supplies and support equipment (vehicles), and incidentals to perform this work in accordance with the terms, specifications, conditions, and provisions of this solicitation, the contract, subsequent Task Orders, laws, rules, and regulations.

Task orders may require any combination of tasks associated with the maintenance or construction necessary to maintain facilities in a functioning condition, providing safe public access, protecting the transportation facility investment and the adjacent environmental resources.

Work is generally confined within the limits of the Facilities or recreational site areas as described in each TO.

CONSTRUCTION ACTIVITIES

Activities required under this contract may include, but are not limited to, the following:

Attachment E

· Foundation and Site work

· General Plumbing

· Concrete and masonry

· General Electrical

· Electrical Distribution System

· Heating, Ventilation, and Air Conditioning

· Doors and Windows

· General Carpentry

· General Mechanical

· Electronic Safety and Security Systems

· Thermal/Moisture Protection

· Storm Water Collection System

· Sanitary and waste collection systems

· Demolition and Removal

· Earthwork

· Central Energy Plant Distribution

· Fire Suppression and Alarms

· Central Energy Generation Systems

· Site lighting and illumination

· Facilities and Recreation Parking lot repairs, New asphalt or asphalt repair, striping, markings etc

· Facilities and Recreation Roads and Trails Repair within the Facility or Rec. Area (Aggregate, Natural Surface, Keyed or Machine Placed Riprap, Subbase, Base, Importing, Major and minor concrete work, fill and cut slope Repairs, shallow and/or deep retaining walls, Parking lot repairs, new asphalt or asphalt repair, striping, temporary or permanent pavement markings etc.)

· Drainage Construction & Repairs within the Facility or Rec. Area (Ditch establishment and cleaning as needed, Culvert Cleaning, Slide & Slough Removal, Major or Minor Culvert Replacement, Underdrains)

· Temporary and Permanent Traffic Control

· Signs and Gate (Repair/Replacement)

· Hazard Removal (Danger Tree Falling, Rock Fall Removal, etc.)

· Vegetation Management within Rec. Area (Roadside and Trailside Brushing & Mowing etc)

· Dust Abatement

· Temporary and Permanent Erosion Control (Plants and Tree Planting, Sodding, Seeding, Mulching, Erosion Control Blankets etc.)

· Construction Survey and Staking

· Contractor Sampling and Testing

· Clearing and Grubbing

· Recreation and Administrative Facility Civil Site Work

· Asphalt Restoration within Facility or Rec. Area (Overlays, Pothole Patching, Skin Patching, Crack Sealing, Chip Sealing, etc.)

· Vehicular and Trail Bridges, and Elevated Boardwalks within Facility or Rec. Area

· Utilities New Construction & Installation, & Repairs and Maintenance (Civil Site Work, Conduits, Telephone, Water, Sewer, Electrical, Gas etc)

· Photovoltaic (PV) System New Construction, New Installation, Repairs, and/or Maintenance

Other construction activities can include similar activities at various recreation, heritage and/or administrative sites. Mobilization costs shall be incidental to ordered work unless otherwise specified in the Task Order. All contractor’s movement or transportation of equipment to or from project areas required to pursue the work in the Task Order, to repair or replace equipment, or for the Contractor's convenience shall be at the Contractor's expense and considered incidental to their proposal.

Other construction maintenance service types of work can include similar activities at various recreation and/or administrative sites, as well as demolition and disposal of improvements such as utilities, tanks, culverts, and other structures and buildings.

C.5 DESIGN SERVICES

The services under the contract are for professional engineering services in conjunction with a construction project as one design-build contract. Design and other engineering related services must be performed by or under the direct supervision of professional Engineers licensed in Puerto Rico.

The design services may include, but are not limited to: site investigation, obtaining applicable permits, pre-design and existing conditions studies, design, and construction documents.

The agency’s Built Environment refers to the physical infrastructure of fire, administrative, research, and recreation buildings, landscape structures, site furnishings, structures on roads and trails, and signs installed or operated by the Forest Service, its cooperators, and permittees.

Forest Service infrastructure will:

· Be located, planned, and designed with respect for the natural systems in which they reside.

· Aesthetically integrate their natural, cultural, and experiential context.

· Contain design elements that reinforce a national agency identity.

· Emphasize efficiency of energy and materials consumption in construction and operation.

· Serve as premier examples to interpret conservation of natural resources and sustainable development.

· Create environments for people to enjoy and gain increased appreciation for the natural environment, and in which employees work productively, experiencing the connection to the resources they manage.

· Use reinforced concrete products where appropriate in the construction, alteration, repair and operation of our infrastructure.

C.6 TASK ORDER

The Task Orders issued under this IDIQ will be based on scopes of work defining specific requirements for those individual projects.

After IDIQ contracts are awarded, specific work requirements will be issued as firm-fixed-price task orders on a competitive basis. The basis for award of the task orders will generally be on lowest price technically acceptable, or price only, but may be conducted through a best value Trade-off process if the complexity of the work requires additional technical evaluation.

Contractor awardees are required to propose for Task Order requirements, however, if there are extenuating circumstances that prevent a Contractor awardee to propose for specific state(s) mentioned in the Task Order Request for Proposal - the Contractor awardee will inform the Contracting Officer and provide a reason for non-submission of proposal.

C.7 INVOICES AND PAYMENTS / INVOICE PROCESSING PLATFORM (IPP)

Invoices for final payment must be so identified and submitted. When the order is complete, no further charges shall be billed.

All orders shall require detailed invoices to be submitted digitally through the Department of Treasury’s Invoice Processing Platform (IPP), https://www.ipp.gov. The contractors must follow the instructions on how to register and submit invoices via IPP as prescribed in the communications from USDA Treasury. For more information concerning IPP please visit http://www.fs.fed.us/business and further information will be discussed between the awardees and the Contracting Officer.

C.8 GENERAL INFORMATION

Task Orders for construction over $35,000 will require Performance and Payment Bonds.

Design Build Task Orders will require professional engineering services in addition to the construction.

The Government shall have unlimited rights, in all drawings, designs, specifications, pictures, notes and other works developed in the performance of this contract, including the right to use the same on any other Government document, design, or construction without additional compensation to the Contractor.

Any project specific requirements will be specified in individual Task Orders.

C.9 HOURS OF OPERATION / FEDERAL HOLIDAYS

Any project specific requirements will be specified in individual Task Orders.

Normal operational hours are approximately from 07:00 am to 5:30 PM Atlantic Time, Monday through Friday (Federal Holidays excluded).

Emergency services may be performed as required after normal business hours stated above or during the following Federal Holidays:

New Year’s Day – January 1st Three Kings Day – January 6th (State Holiday) Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Juneteenth – June 19th Independence Day – July 4th Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

C.10 GOVERNMENT FURNISHED PROPERTY

Each Task Order will identify any government furnished material or facilities applicable.

C.11 CONTRACTOR FURNISHED ITEMS

C.11.1 Materials

The Contractor shall provide all materials and services required to perform the work described in the individual Task Orders. The Contractor shall provide a detailed breakdown of the costs associated with materials and or services. Actual requirements will be determined during the scoping and negotiation phase for each Task Order. All equipment, materials, parts, supplies, and system components must be new. The contractor may not install previously used items unless prior approval is gained through the CO.

C.11.2 Equipment

The Contractor shall provide all equipment (including operation and maintenance) unless otherwise specified in the Task Orders for performing work on this contract. This shall include, but is not limited to, the following items: backhoe, crane, trucks, and suitable subsurface drilling/excavation equipment to conduct site assessments or foundation investigations, including appropriate survey equipment. All remediation equipment, soil hauling services, and backfill contaminated soil disposal shall be performed by the Contractor.

C.11.3. Supervision

C.11.3.1 The Contractor shall provide a dedicated Superintendent on every worksite when contractor work is being performed, to be approved by the Contracting Officer.

C.11.4 Subcontractors.

The Contractor shall provide a list of subcontractors to be engaged on a per project basis and update it monthly if there are any changes. Subcontractor list shall be submitted along with initial task order pricing.

C.11.5 Master Submittal List.

The Contractor shall initiate a Master Submittal List for items that will be use throughout the life of the contract. These submittals need be submitted and approved only once, unless the contractor substitutes a different item in its place.

C.11.6 Submittals.

The Contractor shall electronically submit complete sets of; shop drawings, certificates of compliance, user selected items, laboratory test reports, warranties, and other items specified in the TO. The Government may request catalog cuts or equipment data as needed. The contractor shall also provide copies of certificates of compliance as required by the TO, to show that materials meet specifications. The Government reserves the right to perform its own tests on any material. If any tests fail, previous certifications shall not relieve the Contractor from furnishing satisfactory materials.

C.12 QUALITY CONTROL

The contractor shall maintain a Quality Control Plan for any Task Order. The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with each individual project. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which they assure that their work complies with the requirement of the contract.

C.13 QUALITY ASSURANCE

The government shall evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan. The govt. has the right to random inspect the contractor’s work at any time. This does not relieve the contractor of their Quality Control responsibilities.

C.14 NOTIFICATION OF START AND COMPLETION OF WORK

For each Task Order the Contractor will be issued a Notice to Proceed and work shall begin within ten (10) calendar days of the notice to proceed. Commence work includes ordering materials, mobilization, and work on site. The contractor shall notify the COR and CO five (5) calendar days prior to the date that work will be ready for final inspection. Final inspection shall be scheduled far enough in advance to allow for punch items to be completed prior to the completion date established by the Notice to Proceed.

C.15 ON-SITE WORK SUPERVISION

At all times during the performance of this contract and until the work is completed and accepted the Contractor shall directly supervise the work or designate in writing an on-site competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. The superintendent shall be designated in writing to the Contracting Officer prior to the commencement of work on the first Task Order. This individual shall be able to read, speak, and understand English.

C.16 EQUIPMENT

All equipment to be used for performance of the work shall be of the size, type, number and in such condition to properly pursue the requirements of this contract. Proper equipment must be necessary to satisfactory meet the requirements of this contract in its entirety. The Contractor’s equipment shall be made available for inspection by the Contracting Officer Representative (COR) prior to mobilizing and unloading at the project location. If at any time during the course of this contract the equipment is deemed unsatisfactory, the Contracting Officer may order removal and may require a satisfactory replacement, at the Contractor’s expense.

Replacement equipment, if ordered, is to be on project site in a timely manner.

C.17 SAFETY

During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 – Safety and Health Regulations for Construction or the US Army Corps of Engineers “Safety and Health Requirements Manual”, Sept 15 2008 (free online) whichever is more stringent. Smoking will not be permitted in any building or structure. Fire precautions to prevent wildfire may be included in each Task Order or initiated when weather and site conditions pose a significant opportunity for ignition of wildfire.

C.18 SITE MANAGEMENT

The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to, road users or others within the work area. Road should be passable for overnight and weekend traffic if possible. Maintain project site areas to be free of all construction debris, equipment and materials on a daily basis. Always maintain site free of hazards. Safety equipment, fencing and barriers shall be installed per safety plan. Erosion control and sedimentation structures shall be constructed in accordance with Federal, State and Local regulations as applicable. Historical and/or archeological issues shall be addressed as needed. The Contractor is to pursue all work on project site in accordance with all Federal, State and Local laws governing the transportation and work being performed.

C.19 TRAFFIC MANAGEMENT/ROAD CLOSURE

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points, where the new work crosses or coincides with an existing road or trail. The Contractor will post warning signs on each end of the section of road being worked. Signs are to be of the size, quantity, and colors as required in the current edition of the "Manual on Uniform Traffic Control Devises", (MUTCD). These signs shall be moved as needed to properly delineate and identify the section of the road being maintained. At no time shall these signs be more than two miles from operating equipment and shall be in placed only when road equipment or persons are performing operations. All slow-moving equipment is to have a reflectorized "slow-moving" vehicle emblem properly attached.

All work requiring closure of a road must be scheduled and approved by the Contracting Officer (CO) in writing prior to the commencement of that portion of work. All work is to be scheduled so that at the end of a working day, the road is passable for the type of traffic normally using the road unless otherwise specified by the C.O. If for any reason traffic hazards (segments of unfinished work which may present a hazard to road users, such as rolls of surface material, berms on the shoulder, etc.) are left in or adjacent to the road after normal working hours, the work is to be properly signed as hazardous and visibly illuminated at night.

The MUTCD can be downloaded for free at https://mutcd.fhwa.dot.gov/

C.20 TEMPORARY FACILITIES

STAGING AREA: The Contracting Officer’s Representative shall arrange the location for exterior stockpiling of materials per project location or by COR direction. The Government will provide adequate staging area as close to the project site as practicable.

In most cases, the Government will not provide any secured storage/staging areas for the Contractor. The Contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area and/or project site.

SANITARY FACILITIES: Toilet facilities will not be provided by the Government at project sites unless specifically identified in the Task Order.

WATER, AND ELECTRICITY: Should water and electricity not be readily available, the contractor shall provide these services as needed to perform the required work at no additional cost to the government.

TELEPHONE: Cell phone or wireless access may or may not be available at the project sites.

C.21 EXISTING UTILITIES

The contractor shall locate all utilities on the project site prior to any construction commencing. The contractor shall field verify all utility locations before digging or trenching. This shall include but not be limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services (i.e. One Call), and by potholing. Contractor shall be responsible for repairing any utilities damaged during performance of work.

C.22 RESOURCE PROTECTION

During the duration of any construction project Task Order, the Contractor shall preserve and protect all vegetation (such as trees, shrubs, and grass) adjacent to the work site not found within the clearing limits, which are not to be removed and which do not unreasonably interfere with the work required under this solicitation. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

C.23 TECHNICAL SECTION

C.23.1 TECHNICAL SPECIFICATIONS

The work shall conform to these specifications and any supplemental specifications and/or scope of work issued with each individual Task Order. All work shall be performed in compliance with the most recent Occupational Safety and Health Administration (OSHA) regulations.

The applicable Standard Specifications, Supplemental Specifications, and any Project Special Specifications will be shown in the specification listing contained in the individual Task Order. All specifications not included in the specification listing, but referenced by listed specifications, are applicable. The applicable Forest Service Supplemental Specifications shown in the Task Order specification list will be physically attached to the order.

C.23.2 PROJECT DRAWINGS / CONSTRUCTION DRAWINGS

The work shall conform to the drawings when provided with the Task Order.

C.23.3 CONSTRUCTION SCHEDULE/VALUES

For all Task Orders within one (1) week after approval or award of Task Order, the contractor shall submit a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, labor, equipment, and activity proposed for each day of operations) per FAR Clause 52.236-15. A final construction schedule shall be submitted within 5 days after the Notice to Proceed. A schedule of values linking the payment items to the Construction Schedule shall be prepared for each task. This document shall describe multiple activities being proposed from start to finish of the project and show construction work completion in percentage.

The construction schedule shall define the overall time required to perform the identified work. This time schedule shall determine the overall level of effort by discipline for the task. Each major task, including beginning time and ending time, shall be identified within the schedule.

Notify the Contracting Officer whenever there are significant departures from the approved Construction Schedule. Submit any requests to modify the Construction Schedule, in writing to the Contracting Officer with an explanation for the deviation.

C.23.4 MAPS

Individual Task Order construction drawings will include vicinity and project location site maps.

C.23.5 PRE-FINAL AND FINAL INSPECTIONS

C.11.3.1 For each individual task order, the Contractor and the COR shall jointly conduct a pre-final inspection prior to the Contractor requesting a final inspection. The pre-final inspection date shall be determined by joint agreement of the parties. Any discrepancies noted during the pre-final will be corrected within five working days. If the Contractor’s Quality Control (CQC) manager determines that the discrepancies have been corrected, a final inspection may then be requested.

C. 11.3.2 Pre-final and final inspections and any correction of deficiencies shall be accomplished within the task order’s period of performance.

C.23.6 ACCEPTANCE OF WORK

Prior to final acceptance of the job, the Contractor shall ensure the following:

Final acceptance will not be made prior to the COR receiving all submissions required. Failure to submit required items could result in withholding of payment of funds on the task order.

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996) The following clause is applicable to task orders for Dismantling, Demolition, or Removal of Improvements:

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

The Contractor shall be required to (a) commence work under this contract within _10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the specified completion date for each task order. The time stated for completion shall include final cleanup of the premises.

52.211-12 Liquidated Damages—Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of _specified for each task order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

The following clause is applicable to task orders if it is a timber sale road turnback construction project:

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within _specified for each task order days after the date of contract award. The conference will be held at TBD.

G.2 Task Orders/Calls –Procedures

a) A Task Order is a contractual instrument issued by an authorized and warranted government Contracting Officer to order work for the government.

b) As the need exists for performance under the terms of this Contract any warranted Forest Service Contracting Officer may solicit quotes and issues task orders against this contract.

c) Additional specifications may be provided with each task order RFP.

d) Task Order RFPs will be transmitted primarily via e-mail.

e) Upon the receipt of an RFP from the Government, the Contractor shall respond as specified.

f) Contract holders will receive fair opportunity to be considered for each RFP unless one of the exceptions in FAR Subpart 16.505(b)(2) applies.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: To be specified for each task order

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

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

(MAY 2014)

Employees of Whistleblower Rights (JUN 2020)

Statements (JAN 2017)

2011)

2016)

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

Surveillance Services or Equipment (AUG 2020)

Debarred, Suspended, or Proposed for Debarment (JUN 2020)

(OCT 2018)

2018)

(MAY 2014)

2010)

Contracts (SEP 2013)

52.223-3Hazardous Material Identification and Material Safety Data Alt 1 (JAN 1997)

Contracts (AUG 2018)

2020)

2018)

Improvements (APR 1984)

Alternate I (NOV 1991)

Alternate I (APR 1984)

Alternate II (APR 1984)

The following clause is applicable if a task order is issued on a sole source basis and is over $250,000:

52.244-5Competition in Subcontracting (DEC 1996)

Alternate I (SEP 1996)

The following clause is applicable if a task order is for Dismantling, Demolition, or Removal of Improvements:

Removal of Improvements) (APR 2012)

Alternate I (APR 1984)

1996)

The following clause is applicable to task orders over $250,000:

52.219-14 Limitations on Subcontracting (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple- award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause— ☒By the end of the base term of the contract and then by the end of each subsequent option period; or

☒By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

52.216-18 Ordering (AUG 2020)

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

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

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of _$5,000,000;

(2) Any order for a combination of items in excess of _$10,000,000; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _three (3) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

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

52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Alfort Belin Chief, Procurement Policy Branch 707-562-9107 Alfort.belin@usda.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

The following clause is applicable if there are optional line items for the task order:

52.217-7 Option 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 specified in the task order (insert period of time).

All task orders are expected to be under $7,08,000, therefore the following Buy American Act Clause is applicable:

52.225-9 Buy American Act-Construction Materials (JAN 2021)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item-

(1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of…