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<HSBP1013R0017>
TABLE OF CONTENTS
<<Table Of Contents>
4SECTION A
SOLICITATION/CONTRACT FORM
5SECTION B
SUPPLIES OR SERVICES & PRICES OR COSTS
5B.1
SCHEDULE OF SUPPLIES/SERVICES
5B.2
DELIVERY SCHEDULE
5B.3
CONTRACT TYPE (OCT 2008)
6SECTION C
SPECIFICATIONS/SOW/SOO/ORD
6C.1
SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
25SECTION D
PACKAGING & MARKING
25D.1
PACKAGING, PACKING AND MARKING (MAR 2003)
26SECTION E
INSPECTION & ACCEPTANCE
26E.1
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
27SECTION F
DELIVERIES OR PERFORMANCE
27F.1
27F.2
52.247-62 SPECIFIC QUANTITIES UNKNOWN (APR 1984)
27F.3
PERIOD OF PERFORMANCE (MAR 2003)
27F.4
TERM OF CONTRACT WITH OPTION(S) (MAR 2003)
28SECTION G
CONTRACT ADMINISTATION DATA
28G.1
3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)
28G.2
CONTRACTING OFFICER'S AUTHORITY (MAR 2003)
28G.3
PAYMENT AND INVOICE INSTRUCTIONS (FEB 2012)
31SECTION H
SPECIAL CONTRACT REQUIREMENTS
31H.1
3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)
32H.2
GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)
32H.3
SECURITY PROCEDURES (OCT 2009)
34H.4
DISCLOSURE OF INFORMATION (MAR 2003)
34H.5
NON-PERSONAL SERVICE (MAR 2003)
35H.6
HOLIDAYS AND ADMINISTRATIVE LEAVE (MAR 2003)
36H.7
ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS (OCT 2007)
36H.8
SPECIAL SECURITY REQUIREMENT - CONTRACTOR PRE-SCREENING (SEP 2011)
38SECTION I
CONTRACT CLAUSES
38I.1
52.202-1 DEFINITIONS (JAN 2012)
38I.2
38I.3 52.203-12 Limitation on Payments to Influence certain Federal Transactions (OCT 2010)
38I.4
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)
38I.5
52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997)
38I.6
52.216-9 FIXED FEE-CONSTRUCTION (JUN 2011)
38I.7
52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)
38I.8
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
38I.9 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)
38I.10
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)
38I.11 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION (OCT 2003)
38I.12
52.233-1 DISPUTES (JUL 2002) ALTERNATE I (DEC 1991)
38I.13
52.233-3 PROTEST AFTER AWARD (AUG 1996)
38I.14
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
38I.15
52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
39I.16
52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)
39I.17
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)
39I.18 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984)
39I.19
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
39I.20
52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
39I.21
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
39I.22
52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)
40I.23 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
41I.24
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
42I.25
52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)
42I.26
52.204-7 CENTRAL CONTRACTOR REGISTRATION (AUG 2012)
44I.27
52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)
44I.28
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
44I.29
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
45I.30
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
45I.31
52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)
46I.32
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)
47I.33
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
47I.34
52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
47I.35 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION (JUL 2005)
48I.36 52.222-30 DAVIS-BACON ACT--PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (DEC 2001)
48I.37
52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (SEP 2010)
51I.38
52.228-1 BID GUARANTEE (SEP 1996)
51I.39
52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2010)
53I.40
52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004) ALTERNATE I (SEP 1996)
56I.41 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006) Alternate I (JUN 2006)
58I.42
3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)
59I.43 3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT WORK (DEC 2003)
59I.44
3052.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY (DEC 2003)
60I.45 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)
61SECTION J
LIST OF ATTACHMENTS
61J.1
LIST OF ATTACHMENTS
61J.2
ATTACHMENT 1 - ENVIRONMENTAL BEST MANAGEMENT PRACTICES
65J.3
ATTACHMENT 2 - NOTICE REGARDING CONTACT WITH LANDOWNERS
65J.4 ATTACHMENT 8 - Wage Determination
66SECTION K
REPRESENTATIONS, CERTIFICATIONS, OTHER STATEMENTS OF OFFEROR
66K.1
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2012)
68K.2
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
69K.3 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN--REPRESENTATION AND CERTIFICATION (NOV 2011)
70K.4
52.236-28 PREPARATION OF PROPOSALS-CONSTRUCTION (OCT 1997)
71SECTION L
INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS
71L.1
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
71L.2
52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)
71L.3
52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)
71L.4
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)
71L.5 52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2009)
71L.6
52.216-1 TYPE OF CONTRACT (APR 1984)
71L.7 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010) ALTERNATE IV (OCT 2010)
71L.8
52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)
72L.9 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
72L.10 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT-CONSTRUCTION MATERIALS (FEB 2009)
73L.11
52.250-2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009)
73L.12
GENERAL INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS (OCT 2008)
82L.13
NOTICE OF REQUIRED BID GUARANTEE (MAR 2003)
83L.14
52.233-2 SERVICE OF PROTEST (SEP 2006)
83L.15
52.237-1 SITE VISIT (APR 1984)
83L.16
GENERAL INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS (OCT 2008)
91SECTION M
EVALUATION FACTORS FOR AWARD
91M.1
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
91M.2
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
91M.3 Evaluation Criterioer
SECTION A SOLICITATION/CONTRACT FORM
SECTION B SUPPLIES OR SERVICES & PRICES OR COSTS
B.1 <<SCHEDULE OF SUPPLIES/SERVICES>
| << ITEM # |
| DESCRIPTION |
| QTY |
| UNIT |
| UNIT PRICE |
| EXT. PRICE> |
| <<10> |
| <Area 1 Base Fence/Gates> |
| <1.000> |
| <EA> |
| <> |
| <>> |
| <<20> |
| <Area 1 Base Roads/Bridges> |
| <1.000> |
| <EA> |
| <> |
| <>> |
| <<30> |
| <Area 1 Base Drainage/Grates> |
| <1.000> |
| <EA> |
| <> |
| <>> |
| <<40> |
| <Area 1 Base Lighting/Electrical> |
| <1.000> |
| <EA> |
| <> |
| <>> |
| <<50> |
| <Area 1 Base Veg Control/Debris Removal> |
| <1.000> |
| <EA> |
| <> |
| <>> |
| <<60> |
| <Area 1 Fee> |
| <1.000> |
| <EA> |
| <> |
| <>> |
| <<70> |
| <Area 1 OH, G&A Allocation Factor> |
| <1.000> |
| <EA> |
| <> |
| <>> |
| <<80> |
| <Area 1 Base Program Management Support> |
| <1.000> |
| <EA> |
| <> |
| <>> |
| <<90> |
| <Improvement Activity> |
| <1.000> |
| <EA> |
| <> |
| <>>> |
Total Funded Value of Award:
OPTION PERIODS
The contract consists of four (4) one year option periods, that, if exercised annually, will follow the base Clin structure listed above and commences at the end of the base year period after funding are identified. The government reserves the right to not exercise all or part of the option periods.
B.2 <<DELIVERY SCHEDULE>
| <<DELIVER TO: |
| ITEM # |
| QTY |
| DELIVERY DATE> |
<<Customs and Border Protection 1301 Constitution Av, NW Washington, DC 20004>
| <10> |
| <1.000> |
| <06/30/2014>> |
| <<> |
| <20> |
| <1.000> |
| <06/30/2014>> |
| <<> |
| <30> |
| <1.000> |
| <06/30/2014>> |
| <<> |
| <40> |
| <1.000> |
| <06/30/2014>> |
| <<> |
| <50> |
| <1.000> |
| <06/30/2014>> |
| <<> |
| <60> |
| <1.000> |
| <06/30/2014>> |
| <<> |
| <70> |
| <1.000> |
| <06/30/2014>> |
| <<> |
| <80> |
| <1.000> |
| <06/30/2014>> |
| <<> |
| <90> |
| <1.000> |
| <06/30/2014>>> |
B.3 <<CONTRACT TYPE (OCT 2008)>
This is a <Hybrid of CPFF and FFP> contract, order, or BPA.
[End of Clause]
SECTION C SPECIFICATIONS/SOW/SOO/ORD
C.1 <<SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT>
COMPREHENSIVE TACTICAL INFRASTRUCTURE MAINTENANCE AND REPAIR (CTIMR) STATEMENT OF WORK (SOW) 1.0 Introduction
The purpose of this Statement of Work (SOW) is to acquire contractor Maintenance and Repair (M&R) support along the Southwest Border and surrounding areas. The support shall consist of: fence and gates; roads and bridges; drainage and grate systems; lighting and electrical systems and; vegetation control and debris removal.
1.1 Background
Section 102 of the Secure Fence Act requires the Department of Homeland Security (DHS) to construct – in the most expeditious manner possible – the infrastructure necessary to deter and prevent illegal entry on our Southwest Border, including pedestrian and vehicle fencing, roads, and technology. Gaining effective control of our Nation’s borders is a critical element of national security, and U.S. Customs and Border Protection (CBP) is constructing tactical infrastructure (TI) to better execute this vital mission.
Under the Facilities Management and Engineering (FM&E) Division of CBP, the Border Patrol Facilities and Tactical Infrastructure (BPFTI) Program Management Office (PMO) – originally part of the Secure Border Initiative (SBI) – was established to acquire, maintain, and sustain all TI. The program develops and installs physical components (consisting mainly of roads, bridges, pedestrian and vehicle fences, and lights) designed to consistently slow, delay, and act as persistent impedance to illicit cross-border activity. TI, in turn, helps increase the level of operational control by the Border Patrol between the Land Ports of Entry (LPOEs). Fencing is but one element of this layered defense-in-depth plan. Each Border Patrol Sector identifies specific TI requirements that if fulfilled will enable agents to perform their mission more efficiently and increase the Sectors’ level of effective control based upon the current-day threat.
The TI program addresses the goals and objectives established by both the DHS 2008 Strategic Plan and U.S. Customs and Border Protection (CBP) Fiscal Year 2009-2014 Strategic Plan (draft). The TI program directly aligns with the achievement of the DHS Strategic Plan’s Goal 1 – “Protect our Nation from dangerous people,” and corresponding Objective 1.1 – “Achieve effective control of our borders.” The TI program also directly aligns with the achievement of the CBP Strategic Plan’s Goal 1 – “Secure our Nation’s borders to protect America from the entry of dangerous people and goods and prevent unlawful trade and travel,” and corresponding Objective 1.1 – “Establish and maintain effective control of air, land, and maritime borders through the use of the appropriate mix of infrastructure, technology, and personnel.”
1.2 Scope
This work effort addresses the M&R of TI along Work Area 1 of the Southwest Border as defined in Table 1.2-1 – Work Areas below. It also addresses, at the discretion of the Government, improvements incidental to the M&R of existing TI. Architectural and Engineering (AE) design is not part of this contract.
Maintenance includes work activities that preserve or sustain the ability of an asset to continue to carry out its intended function or preserve its established level of performance.
Repairs include work to restore an existing asset to pre-existing condition and level of performance so that it may be effectively utilized for its designated purpose.
Improvements include work that enhances the mission and functional capabilities of an asset through an addition, expansion, or adaptation. For example, a replacement of fence sections with more permanent fence structures, improving the condition of a roadway by adding improved base or surfacing material on a large section of road, and replacing a drainage culvert with a larger diameter culvert. Any improvements included in this work effort will be confined to the existing TI footprint and will not exceed a dollar level threshold of $750,000 per activity. All improvements shall be assessed for environmental and real estate compliance requirements.
While the Border Patrol divides the Southwest Border into nine (9) unique Sectors, for internal contract management purposes, CBP has aggregated the Sectors into four (4) work area-oriented groupings, of which the focus of this acquisition is Work Area 1 (as shown in Table 1.2-1 below). This was done to align Sectors with similar characteristics to promote efficiency and ensure consistency with other CBP programs. While the TI within each Sector is similar, the specific TI types and quantities vary, driving the different M&R requirements for each Sector.
| Work Area |
| Sectors |
| Length of border (miles) |
| 1 |
| <<El Centro>, <CA>> |
| 83 |
| <<San Diego>, <CA>> |
| 70 |
| Total |
| 153 |
Table 1.2-1. Work Area 1
As shown in Table 1.2-1 above, Work Area 1 is divided into two Sectors, <El Centro>, <CA> and <<San Diego>, <CA>>.
The El Centro Sector (ELC) is situated within the Imperial Valley of Southern California. ELC consists of four Border Patrol stations, which have some of the most rugged, remote, and diverse terrain along the southwest border, posing many dangers for agents and potential border crossers. Border Patrol Stations are located at <El Centro>, Calexico, <Indio>, and <<Riverside>>. The El Centro Sector area of responsibility spans 70 linear miles along the international boundary with <Mexico> from the <<Jacumba> <Mountains>> in the west to the Imperial Sand Dunes in the east. The Imperial Valley has three main cities, Calexico, <<El Centro>> and Brawley. These incorporated areas and other small communities comprise less than one percent of the land. Half of the land is currently undeveloped, with one-fifth of nearly 3 million acres being irrigated for agricultural purposes. The <Imperial Valley> is almost entirely below sea level, which contributes to the hot and dry climate.
In the San Diego Sector there is currently about 56,831 square miles of inland area, including 114 linear miles of coastline and 60 linear miles of international boundary with Mexico, within the 7,000 square miles roughly corresponding to the boundaries of San Diego County and the southern portions of Orange and Riverside Counties.
1.3 Objectives
The Government seeks a Contractor that has the proven management and technical capability and sufficient, directly-related experience and resources to perform a wide variety of urgent and routine M&R activities for different types of assets dispersed along Work Area 1 (see Table 1.2-1) of the Southwest Border of the <<United States>>. The Contractor must have demonstrated management and technical capability to efficiently and effectively manage its personnel, equipment, and other resources to satisfy all Government requirements.
2.0 References
The Contractor shall comply with all applicable Federal, State, International Boundary and Water Commission (IBWC) regulations, local, and Native American Nation laws, regulations, policies and other requirements while executing the SOW requirements. Relevant documents include:
Occupational Safety and Health Administration (OSHA) Manual Regulations Code of Federal Regulations, Title 29, Part 1926 – Safety and Health Regulations for Construction and Engineering Manual, US Army Corps of Engineers (USACE) Engineering Manual (EM) 385-1-1 (September 2008) Code of Federal Regulations, Title 49, Part 105 Hazardous Materials Program Definitions and General Procedures Roads/Bridges:
American Association of State Highway and Transportation Officials (AASHTO) Standard specification for Highway Bridges, 17th Edition, dated 2002 <<Federal Highway>> Administration (FHWA) Manual of Uniform Traffic Control Devices (MUTCD) American Welding Society Standards and Specifications (AWS) AASHTO/AWS D1.5M/D1.5:2008; Bridge Welding Code, dated 2008 Concrete/Steel:
American Concrete Institute (ACI) Manual of Concrete Practice, dated 2012 American Institute of Steel Construction (AISC), Steel Construction Manual, 14th Edition American Welding Society Standards and Specifications (AWS) American Society for Testing and Materials (ASTM) Standards Electrical:
National Fire Protection Association (NFPA) 101, Line Safety Code, dated 2012 National Electrical Code (NEC), NFPA 70, dated 2011 Environmental:
Code of Federal Regulations, Title 40, Part 122.26, Storm Water Discharges (for Storm Water Pollution Prevention Plans) National Environmental Policy Act (NEPA) DHS MD 023.1 Environmental Planning Program DHS MD 023.2 Environmental Compliance DHS MD 025.01 Sustainable Practices for Environmental, Energy and Transportation Management Code of Federal Regulations, Title 40: Protection of the Environment, Chapter I -- Environmental Protection Agency Subchapter A -- General (Parts 1 - 29) Subchapter C -- Air Programs (Parts 50 - 99) Subchapter D -- Water Programs (Parts 100 - 149) Subchapter E -- Pesticide Programs (Parts 150 - 189) Subchapter G -- Noise Abatement Programs (Parts 201 - 211) Subchapter I -- Solid Wastes (Parts 239 - 282) Subchapter J -- Superfund, Emergency Planning, and Community Right-to-Know Programs (Parts 300 - 399) Subchapter Q -- Energy Policy (Parts 600 - 699) Subchapter R -- Toxic Substances Control Act (Parts 700 - 799) Subchapter U -- Air Pollution Controls (Parts 1027 - 1074) Approved State Hazardous Waste Management Programs:
<<California>> environmental regulations: Title 14, Natural Resources -- Division 7, California Integrated Waste Management Board (CIWMB) and Title 27, Environmental Protection -- Division 2, Solid Waste Code of Federal Regulations Title 40: Council on Environmental Quality (Parts 1500-1508) Building/Construction Codes:
<<California>> <<California> <Building>> Code 2010 (IBC 2009) <<California>> Electrical Code 2010 (NEC 2008) Applicable City, Local, Native American Nation, and <<County> <Codes>> 3.0 Work Requirements
The Government requires maintenance, repair (M&R), and improvement support in five work categories:
1) Fence and Gates
2) Roads and Bridges
3) Drainage and Grate Systems
4) Lighting and Electrical Systems
5) Vegetation Control and Debris Removal A Program Management contract line item (CLIN) is included to capture appropriate, allowable and allocable program management support for the work plan development and other program management tasks (e.g., report development/submission), and is described in Section 3.1.7.
An optional Improvement Activity CLIN is also included for the performance of specific improvement activities relative to the program, and is described in Section 3.1.8.
The work required to support the TI varies based on the inventory quantities for each work category, the number and type of incidents, type and recurrence of road washouts/deterioration, time of year (variances in illegal border traffic fluctuate with the time of year), economic conditions, weather events, and location. There is typically a higher frequency of damage in and around the more urbanized areas.
As the basis for routine M&R work requirements, the Contractor will be required to develop the appropriate work plan (typically in sequential, 90 day performance periods, but at the discretion of the Government, may be extended to 180, 270 or 365 days).
The Contractor must also collect, store, and report certain data in contract deliverables (e.g., recurring reports) and/or into an automated system for use by the Government.
As part of this contract, the Government will divide and classify the M&R work to be performed as either urgent or routine. The classifications are defined as:
Urgent – Urgent work consists of M&R work requirements resulting from willful or other destruction, a natural event such as severe weather, or premature failure of the TI asset and poses an immediate risk to operations, systems, equipment or components. Urgent work requirements are typically completed to promote Agent safety and alleviate the situation before injury occurs, equipment or property is damaged, or the condition worsens. Urgent work requirements (such as breaches for fences, gates, and grates, certain road washouts, etc.) may be performed five (5) days a week, as required. The contractor must respond immediately to urgent work requirements (as defined in Table 3-1 below) to support mission requirements.
Routine – Routine work consists of all non-urgent M&R work requirements that can be planned or scheduled at a designated frequency. The work requirements do not pose an immediate risk to systems, equipment or components and can be performed on a routine planned and scheduled basis. Routine work requirements will be performed five (5) days a week from Monday to Friday. The contractor’s response to routine work requirements is typically greater than five (5) business days in duration or as scheduled in the approved contractor work plan.
During urgent work requirements, the Contractor shall provide services to restore TI asset conditions to its pre-existing condition. It is anticipated that the majority of all urgent work requirements will result from breaches of fences, gates, grates, and roads for which repair work will be completed during normal business hours. However, based on mission requirements, the Contracting Officer’s Representative (COR) may direct the Contractor to perform a limited amount of urgent work requirements beyond or after normal business hours.
Table 3-1 provides typical urgent services response and support times. The COR will set the time to start and completion of the M&R work will be based on the severity and location of the urgent service required.
| Contractor Acknowledgement |
| Government Prescribed Time |
to Start and Finish Notification of Completion Time
| Thirty minutes from notification by the COR, the Contractor shall provide a mobilization response 2 |
| As defined by the COR, work shall typically start within twenty-four hours after the Contractor is notified by the COR. |
| Within two hours of arriving at the repair site the Contractor shall notify the COR of the estimated completion time 3 |
1 Both mobilization response and completion times are established from the time of notification (or identification).
2 Mobilization Response is when the Contractor verbalizes to the COR the plan of action to complete the urgent repair, including justification for any time needed outside of the Government prescribed times. Exceptions are made only by the COR.
3 Completion is defined as when TI assets are restored back to pre-existing conditions. If estimated completion time is greater than 24 hours, Contractor shall provide COR verbal or email explanation as to why and the plan to complete said work.
Table 3-1. Typical Urgent Services Support Times 1
The Government shall have the primary TI inspection responsibility to identify M&R work requirements. The Contractor shall report to the Government any work requirements that it observes while performing maintenance, repair or improvement activities. Also, the Government may require the Contractor to formally survey and inspect select TI on a periodic basis.
3.1 Description of Work
3.1.1 Fence and Gates
There are two general types of fencing: pedestrian fencing and vehicle fencing. Each fence type has several different designs (e.g., for pedestrian fence, there is chain link, wire mesh, landing mat, steel bollards, and other designs).
Many fence segments and roads have gates that will also require periodic M&R. The gates are manually, mechanically, and/or electromechanically-operated. All electrical work is covered in section 3.1.4.
The Contractor shall perform maintenance and repair on approximately 120.14 miles of fence and 290 gate/panels (depicted by Sector in Table 3.1.1-1) consisting of multiple types of fence (shown in Table 3.1.1-2). All fence and gate maintenance and repairs shall be performed in accordance with the CBP Tactical Infrastructure (TI) Standard Designs as noted in Section J, Attachment (X).
| San Diego Sector |
| Total |
| Fence (miles ) |
| 61.74 |
| Gate/Panels (count) |
| 280 |
| <<El Centro>> Sector |
| Total |
| Fence (miles ) |
| 58.40 |
| Gate/Panels (count) |
| 10 |
Table 3.1.1-1. Work Area 1 Fence Quantities
San Diego Sector
<<El Centro>> Sector
| Fence Type |
| Miles |
| Fence Type |
| Miles |
| PF255 Primary Bollard |
| 0.10 |
| PF255 Primary Bollard |
| 18.2 |
| PF255 Primary Bollard w/ Ext |
| 14.2 |
| PF255 Primary Bollard w/ Ext |
| 9.70 |
| PF Legacy Primary Landing Mat |
| 28.1 |
| PF255 Primary Triangle w/ Bollard |
| 2.80 |
| PF Legacy Landing Mat w/ Ext |
| 1.70 |
| VF300 <<Normandy>> |
| 8.90 |
| PF Legacy Primary Wire Mesh |
| 0.10 |
| PF Legacy Primary Landing Mat |
| 4.20 |
| PF Primary Bollard |
| 0.14 |
| PF Legacy Primary Aesthetic |
| 1.80 |
| PF Legacy Secondary Sandia |
| 9.90 |
| PF 70 Primary Bollard |
| 7.40 |
| PF Legacy Secondary Landing Mat |
| 1.60 |
| VF Legacy <<Normandy>> |
| 5.40 |
| PF Legacy Secondary Landing Mat w/ Ext |
| 0.20 |
| PF Legacy Secondary Bollard |
| 0.10 |
| PF Legacy Secondary Bollard w/ Ext |
| 1.60 |
| PF Legacy Secondary Aesthetic |
| 0.20 |
| PF Legacy Tertiary Chain Link |
| 2.00 |
| PF 70 Primary Landing Mat |
| 1.40 |
| VF Legacy <<Normandy>> |
| 0.33 |
| VF Legacy Post & Rail |
| 0.06 |
| VF Legacy Rail |
| 0.01 |
Table 3.1.1-2. Work Area 1 Miles of Fence by Type
3.1.1.1 Fence and Gates - Type of Damage
Based on historical data, CBP experiences on average over 280 Fence breaches per year within this Work Area.
Damage to fencing can be caused by two primary elements: Natural and Manmade.
Natural elements refer to the forces of nature that will act upon the fencing and include corrosion, erosion, water pooling, sand drifting, debris build-up, wind loading, temperature change (i.e., thermal expansion and contraction cycles that may create cracks) and ground shift.
Manmade elements refers to damage made by vandalism and includes, but may not be limited to, the following attack/defeat vectors: cutting, burrowing below, climbing, prying/twisting, disassembly, ramming, ramping/bridging, pulling down, graffiti, cryogenic and fire/heating/burning. Fence segments have varying levels of susceptibility to the aforementioned damage elements depending on design and location.
3.1.1.2 Fence - Type of Work
The Contractor, at a minimum, shall perform the following types of work as directed by the COR:
Making repairs that restore the structural integrity to pre-existing state, are tamper proof, and do not significantly change the design Fixing damage caused by burrowing, water, and wind erosion Fixing damage to fence foundations and all erosion control elements Relocating fence sections that are specially designed to work on shifting sands Repositioning movable fence segments that have concrete bases and set on top of the ground Preparing the fence for potential floods by taking preventative actions such as removing and storing fence panels, and then reinstalling them after flood events subside Moving and storing fence panels so levee and other work can be performed and then reinstalling them Abate graffiti by methods approved by the Government 3.1.1.3 Gates - Type of Work
The Contractor, at a minimum, shall perform the following types of M&R work as directed by the COR:
Making repairs that restore the structural integrity to pre-existing state, are tamper proof, and do not significantly change the design Fixing damage caused by ramming, burrowing, water, and wind erosion In addition to these repairs, the Contractor shall also perform monthly preventative maintenance to ensure that the gates are maintained in good working order. This systemic maintenance will be performed and documented on a completed check sheet and submitted to the COR each month. This maintenance includes, but is not limited to:
Electrically operate gate, check for binding, and adjust/grease/repair as necessary (minor repairs for preventative maintenance only) Remove all accumulated debris, dirt and corrosion build up from inside each unit Check for any broken welds on the vehicle gate frame structure or fence panels Reinforce the operator stands (minor repairs) Clean and remove all of the accumulated debris from the V track rails, Apply a coating of cold galvanizing compound on the V track rails as needed Remove the accumulated grease and dirt build up on the aluminum guide tracks on the Hy-Security Hydraulic gate operator units Remove any accumulated corrosion from the drive chains Remove any dirt or corrosion damage from the controller boards or any electronic components Lubricate all grease fittings, drive chains, gate wheels, guide rollers if applicable Check gear box oil or hydraulic oil if applicable, refill if necessary Check for oil leaks, repair as necessary (minor repairs) Check alignment of motor and condition of belt- adjust or replace as needed Check hardware for tightness (Important: Contractor to conduct load test and check shear pins) Check travel stop limit switches for proper opening and closing, and adjust if necessary Check all safety/reverse devices for proper operation Check amperage readings, compare with the unit data and adjust settings on control panels as needed Observe standard safety procedures Use lock-out/tag out Check all electrical wires for damage (e.g., fraying) - repair as necessary (minor repairs) Check all access covers and enclosure covers for rain tight, replace any missing screws Test the entire gate system Gate maintenance will not include replacement of parts. Any repair requirements identified by the Contractor during the gate maintenance inspection will be recommended to the COR for subsequent repair approval.
3.1.2 Roads and Bridges
Approximately 210.93 miles of roads in <<San Diego>> and El Centro Sectors are used for patrolling and access to TI. The roads can be sand, dirt, gravel, or paved, and require different types of maintenance and varying levels of repair. Culverts, low water crossings, cattle guards, guardrails, and bridges are also part of the road system. Many of the roads belong to public agencies other than CBP, or to private individuals, creating some challenges to road M&R, such as acquiring Rights of Entry and maintaining accurate mileage information and location data. The Government will coordinate the Rights of Entry and mapping for all roads.
CBP classifies its roads as follows:
FC-1: any type of surface paved road. These roads may include surfaces consisting of bituminous asphalt and aggregate, hot-mix asphaltic concrete, portland cement concrete or some combination of these types of improved surface courses; generally overlaying an aggregate base course of varying depths.
FC-2: an all-weather road. These roads generally consist of 6” minimum depth well-graded aggregate (may be native or imported) roadbeds, shaped with a defined crown section and including adequate parallel ditches and cross-culverts to ensure proper drainage both parallel and transverse to the road alignment. These roads should allow travel even during inclement weather, with service disruption only in the case of severe localized flooding of the road.
FC-3: a graded earth road. These roads should generally consist of a defined crown section and parallel ditches, similar to the FC-2 roads. However, the graded earth roadbed will consist of shaped and compacted in-situ materials of varying depth. These roads will be more susceptible to service disruption during storms of only moderate severity. Wet weather traction may also be compromised in areas with clay or silt soils.
FC-4: a two-track road. These roads may also be described as un-improved roads, wagon trails, or 4-wheel drive roads. The two track name implies that the road consists of two parallel tracks created by the loss of vegetation where the tires contact and compact the earth; between which may lay a strip of low-growth vegetation. These roads generally receive very little maintenance consisting primarily of occasional brush and boulder clearing, and possibly, but much less frequently, box-blading. Two-track roads have no crown, and generally do not have any improved drainage features or ditches.
The Contractor shall perform maintenance and repair on approximately 210.93 miles of road and 5 bridges/crossovers (depicted by Sector in Table 3.1.2-1) consisting 4 types of classifications (shown in Table 3.1.2-2). All road maintenance and repairs shall be performed in accordance with the CBP Tactical Infrastructure (TI) Standard Designs as noted in Section J, Attachment (X).
| San Diego Sector |
| Total |
| Roads - Access Only (miles) |
| 16.31 |
| Roads (miles ) |
| 115.41 |
| Bridges/Crossovers (count) |
| 5 |
| <<El Centro>> Sector |
| Total |
| Roads - Access Only (miles) |
| 2.23 |
| Roads (miles ) |
| 76.98 |
| Bridges/Crossovers (count) |
| 0 |
Table 3.1.2-1. Work Area 1 Roads and Bridges Quantities
| San Diego Sector |
| <<El Centro>> Sector |
| Miles |
| FC-1 |
| FC-2 |
| FC-3 |
| UNK |
| FC-3 |
| FC-2 |
| 12.24 |
| 13.47 |
| 76.53 |
| 13.16 |
| 76.98 |
| 4,100 LF |
Table 3.1.2-2. Work Area 1 Roads and Bridges Classifications
3.1.2.1 Roads and Bridges – Frequency of Repairs
Each Sector’s M&R work requirements vary across the different road classifications. Road maintenance is relatively predictable and can usually be scheduled in advance as routine work. Access roads to fence and technology facilities need to be inspected after major natural events (such as rainstorms) as directed by the COR.
3.1.2.2 Roads and Bridges – Type of Work
The Contractor, at a minimum, shall perform the following types of work (as directed by the COR):
Blading FC-2, FC-3, and sand-based roads to facilitate traffic and provide proper drainage.
Performing spot surfacing, patching potholes, deep patching of asphalt surface, skin patching of asphalt surfaces, and patching asphalt berms. The work includes preparing the area, furnishing, hauling, and placing all necessary materials.
Removing and/or clearing vegetation so that roads are drivable Furnishing, hauling, and placing erosion resistant materials and protective materials for use on designated locations such as embankments and culvert inlets.
Returning road sections damaged by weather events or excessive use to a serviceable condition.
Adding binding and/or stabilizing agents to roads for dust suppression and road stabilization efforts.
Repair or replace damaged safety barriers, guardrails, signs, etc.
Inspecting bridges (to include cross-overs), as required by applicable codes, to evaluate the structural integrity and determine M&R requirements. Bridge inspections and evaluations are to be performed by personnel properly trained or certified to perform bridge inspections.
Perform periodic maintenance to bridges and repair damage related to weather-related events and willful/accidental destruction.
3.1.3 Drainage and Grate Systems
Drainage systems comprise items such as catch basins, storm drainage grates, and conveyance structures used for peak water flow mitigation and runoff control/containment, water quality improvement, and flood plain compensation. They can range in size from two-foot diameter pipes to tunnels large enough to accommodate trucks.
The Contractor shall perform maintenance and repair on approximately 463 culverts and 14 low water crossings (depicted by Sector in Table 3.1.3-1):
| San Diego Sector |
| Total |
| Culvert (count) |
| 19 |
| Low Water Crossings (count) |
| 14 |
| <<El Centro>> Sector |
| Total |
| Culvert (count) |
| 444 |
| Low Water Crossings (count) |
| 0 |
Table 3.1.3-1. Work Area 1 Drainage and Grates Quantities
3.1.3.1 Drainage and Grate Systems – Type of Damage
Repairs are required to keep drainage systems operating efficiently. The periodic removal of debris, silt and trash is required to reduce the risk of flooding and to ensure proper functioning. Water flowing at or near the border may be contaminated, at times requiring special hazardous material (HAZMAT) equipment and procedures to perform the work.
The drainage system gates and grates are subject to frequent vandalism. The most common form of vandalism is cutting the gate or grate with a saw or torch to allow for illicit traffic/activities to pass. Other forms of vandalism occur such as using hydraulic jacks to pry openings in the structure.
3.1.3.2 Drainage and Grate Systems – Type of Work
The Contractor, at a minimum, shall perform the following types of work as directed by the COR:
Making repairs that restore the structural integrity, are tamper proof, and do not change the design without prior COR approval Fixing damage caused by water and wind erosion Removing and replacing existing culverts and appurtenances with new ones Cleaning and reconditioning culverts, appurtenances, other drainage structures, and ditches Restoring drainage system function by removing debris, silt and other obstacles 3.1.4 Lighting and Electrical Systems
Lighting systems and electrical equipment range from power supply and distribution (both above and below ground), utility pole-style lights and stadium-type lights and are used to illuminate the border at night. Also included are electrical components of gates and grates.
The Contractor shall perform maintenance and repair on approximately 586 lights (depicted by Sector in Table 3.1.4-1):
| San Diego Sector |
| Total |
| Lights (count) |
| 326 |
| <<El Centro>> Sector |
| Total |
| Lights (count) |
| 260 |
Table 3.1.4-1. Work Area 1 Lighting and Electrical Systems Quantities
3.1.4.1 Lighting and Electrical Systems – Type of Damage
Damage to lighting and electrical systems may be caused by a variety of events such as shooting out lights, theft of lighting system copper wire, or poles downed by storms or vehicles.
3.1.4.2 Lighting and Electrical Systems – Type of Work
The Contractor, at a minimum, shall perform the following types of work as directed by the COR:
Performing preventive, routine maintenance, repairs, and replacements (e.g., bulbs, ballasts, lens covers, etc) Repositioning lights to properly illuminate border areas as dictated by operational needs NOTE: inspection of lighting systems will at times require work before/after normal business hours.
3.1.5 Vegetation Control and Debris Removal
Vegetation control and debris removal are critical to the Border Patrol for three primary reasons: to eliminate areas in which illicit activity operators can hide; to eliminate cover for illicit activities such as vandalize fencing, gates, grates and other TI; and remove debris that collects on fencing and gates , which may cause damage to infrastructure and result in local flooding.
Note: Hazardous materials/substances may be encountered during performance of debris removal requirements and shall be handled and disposed of as needed in accordance with federal, state/local and other relevant laws and regulations. Should hazardous materials be encountered during the execution of work requirements, the Contractor shall stop only that work specifically affected by the hazardous material/substance and immediately notify the COR for further instructions.
The Contractor shall perform vegetation control for approximately 239.2 acres and debris removal on 62.62 miles (depicted by Sector in Table 3.1.5-1):
| San Diego Sector |
| Total |
| Vegetation Control (acres) |
| 186.54 |
| Debris Removal (miles) |
| 55.44 |
| <<El Centro>> Sector |
| Total |
| Vegetation Control (acres) |
| 52.66 |
| Debris Removal (miles) |
| 7.18 |
Table 3.1.5-1. Work Area 1 Vegetation Control and Debris Removal Quantities
3.1.5.1 Vegetation Control and Debris Removal – Type of Damage
The Sectors have vastly different needs for vegetation control. It is critical though that all local, county, State, Native American Nation, and Federal environmental regulations and statutes be followed when performing vegetation control work. The accumulation of organic debris is driven largely by weather events such as flashfloods and wind. Inorganic debris is primarily left behind by those attempting to illegally cross the border. Its exact makeup varies greatly and can include vehicles and other large items. The accumulation of debris may also include dead animals and/or other hazardous materials.
3.1.5.2 Vegetation Control and Debris Removal – Type of Work
The Contractor, at a minimum, shall perform the following types of work as directed by the COR:
Mowing, removing, and disposing of grass and other vegetation in the vicinity of TI. Approved herbicides may be used under certain circumstances Clearing and grubbing in the vicinity of TI Collecting, removing and disposing of both organic and inorganic material that collects in the vicinity of TI. The Contractor shall be responsible to find suitable disposal sites that can accept all debris material and document the Contractor Work Plan appropriately. The Contractor shall also maintain proper records for any HAZMAT disposal Inspecting drainage and grate systems after weather events and clearing them of accumulated silt and debris 3.1.6 Collecting, Storing, and Reporting Data
The Government has established a web-based work management system (WMS) that will house relevant data for all TI M&R work categories during the life of this contract. Therefore, the Government will require the Contractor to provide, manage, and maintain all work planning, cost estimating/pricing and performance information in an electronic format and enter data and reports directly into the Government-established web-based work management system (WMS).
All urgent work data shall be submitted daily. All routine work shall be submitted within two (2) working days from the time the data was created. This electronic information will be accessible to the Government at all times. The work information includes description, schedule, and cost details for M&R work performed on TI assets.
The contractor shall attach files in a multitude of formats including photos, word processing documents, schedules, spreadsheets, and PDFs. All documents and spreadsheets shall be in Microsoft Office Version 2003 format and PDFs in Adobe Reader 9 format.
To meet compliance and accessibility, at a minimum, the Contractor shall provide or have access to a high-speed data connection and a computing system with a compatible Web browser (i.e., Internet Explorer 8 or later version) for which the primary purpose is to achieve the requirements of this SOW.
Contractor WMS training will be scheduled following security provision compliance by the contractor and acceptance/acknowledgement from the Contracting Officer to ensure access is provided to all designated users. Please see Section H for security provisions and timeline for compliance thereto.
For work reporting purposes, the Contractor shall use a Global Positioning System (GPS) device capable of describing asset location by latitude and longitude. The Contractor shall take two (2) or more digital photographs of the work before the work is performed and two (2) or more digital photographs showing the work once completed. For work activities with durations longer than one-week, the contractor shall provide two (2) or more interim photos for each week of continuing work progress. All digital photographs shall be taken with a digital camera with GPS capabilities. The cameras shall have the following minimum capabilities: 3.24 Mega pixels, 3X optical zoom, and a Compact Flash, Wide Area Surveillance Satellite (WASS) enabled GPS card. The GPS coordinates and the date shall be displayed on each submitted photograph. The following nomenclature shall be used to label each picture:
Sector Name
Date
M&R Work Plan Incident
Work Category (such as fence, roads, vegetation control, etc.)
Initial, Interim (or) Final/Completed
GPS Coordinates & Direction of Photo (e.g., “facing NE from milepost 17”)
3.1.7 Program Management Support - Work Planning, Scheduling, Executing, and Reporting
Program management support includes: labor, equipment, and material cost estimates for mobilization costs, work plan development, program oversight activities of key personnel described in Section H, government information management/reporting requirements, meeting requirements, and transportation and storage of Government furnished materials.
The Government shall require the Contractor to develop and maintain a work plan for each respective Sector (i.e., El Centro Sector and San Diego Sector) that will meet the Sector’s M&R work requirements for the period of performance as defined by the COR. The contractor work plan is typically issued in sequential, 90-day performance periods, but at the discretion of the Government, may be extended to 180, 270 or 365 days).
The Contractor shall:
Review all available Government documentation including: current TI inventory data; border area maps and weather data; proposed plans for TI improvements as applicable and data associated with past M&R work activities, (e.g., fence breaches and debris removal) Conduct interviews with the COR and key Sector and Station representatives to gain insight as to mission needs and priorities associated with M&R of Sector TI Conduct Sector field reconnaissance visits to visually confirm TI inventory, assess its condition, and to develop an understanding of M&R work requirements The Contractor shall develop a proposed work plan that identifies the Government-directed and contractor-recommended work to be accomplished by work category and work classification to cover the COR-designated work plan period of performance, including a detailed cost estimate and associated basis of estimate for all proposed work activities and a schedule to accomplish this work.
Although urgent work elements cannot be predicted and scheduled accurately, the contractor work plan shall include (as a “place holder”) a section for urgent work elements. These work elements shall have an assumed work description, location and duration assumptions shall be based on information acquired by the Contractor during work plan development.
The contractor work plan shall sub-divide the work category and work classification system (previously described in Sections 3.1.1 – 3.1.5) into work elements and improvement activities by Sector.
A work element is a Maintenance and Repair task (routine or urgent) and can be categorized within the work category and work classification system. A work element is distinguished by three characteristics: the work description, its location, and the time period during which the work is to be performed. Fence repairs, road grading, debris removal, and replacement of lighting ballast and luminaries are examples of tasks to be included as work elements. A detailed example of a work element would be to grade 50 miles of Category 2 (FC-2) road between mile markers 10 and 60 during the period May 1 through May 15. Work elements are performed only for those TI assets at locations where the Government has full rights of access and authorization to conduct the work. It is the Contractor’s responsibility to propose work elements for the contractor work plan, though the Government COR will provide Sector prioritized requirements as appropriate to be included in the Contractor work plan.
Improvement activities possess one or more of the following characteristics:
Require professional engineering and/or design services (to be performed outside this contract), Work that would improve the asset value or alter its classification. Adding a crushed stone surface to a large section of FC-3 class road that would change the classification to a FC-2 class road would be defined as an improvement. Work to replace a section of legacy fence with a new fence design that would change the character of the fence is defined as an improvement. NOTE: Any new fence designs shall be in accordance with the TI fence design standard.
The contractor work plan shall include all M&R work elements to be executed by the Contractor. Proposed contractor work plans should also include activities identified by the Contractor during work plan development. The Government will determine which activities, if any, will be included in the approved contractor work plan. In this situation, certain work activities may be deferred by the Government COR to a future work plan period of performance.
The Government will review, reprioritize, request revisions and approve the proposed contractor work plan. The Government may require the Contractor to revise certain aspects of the plan based upon its review. Funding constraints may dictate that not all work items contained in the approved contractor work plan can be scheduled for work execution during the current period of performance.
The Contractor shall instruct its workforce in the course of its on-site work execution to identify and report any new maintenance and repair requirements that become evident while engaged in work activities in the same geographical areas, or while in transit to and from TI work sites.
The Contractor may also be directed specifically to investigate selected portions of the TI for damage. Repair requirements such as significant debris build-up or road washouts following a storm, fence breaches, and damaged lighting are examples of damage that should be discovered by the contractor’s workforce. In such cases, the Contractor must report damages daily into the web-based work management system (WMS). These additional work requirements may be sufficiently important that work scheduled in the current contractor work plan requires adjustment to accommodate these additional requirements.
First-hand experience gained in the course of work execution will provide the Contractor a sound basis for proposing work to be included in the subsequent contractor work plan.
During execution, the Contractor shall designate an individual to participate (in-person or by phone) in a daily stand-up meeting with the COR and other key Government personnel at each Sector. These meetings will occur five (5) days a week from Monday through Friday. The purpose of this meeting is to monitor work execution, with particular emphasis on planned versus actual work and the scheduled M&R activities of the day. The Government may further prioritize work items and provide execution direction to the Contractor. The scheduled activities will be based on the identification of urgent work requirements during the previous 24 hours and the planned routine work. Also, the Contractor shall identify any potential work issues at this meeting and propose solutions to resolve them. The meeting results shall be documented by the Contractor and incorporated into a weekly and monthly report. The Contractor shall designate an individual(s) to manage any urgent work requirements that must be addressed after normal business hours. Also, the Contractor shall provide a series of reports described in Section 3.2.
Contractor shall propose and maintain a work…
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