NRE_Commercial Services_RFP or RFQ updated Oct 2020 snow removal - editted.docx

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

1240LQ21Q0001

PAGE OF

SECTION B – CONTINUATION OF SF 1449, SCHEDULE OF ITEMS (SOI)

Base Period: Notice to Proceed through 31 December 2021 19.

Item No.

20.

Schedule of Supplies/Services (Description) 21.

Quantity 22.

Unit of Measure 23.

Unit Price - Base PD

*See Note 2.

Option Year One (1): 01 January 2022 through 31 December 2022 19.

Item No.

20.

Schedule of Supplies/Services (Description) 21.

Quantity 22.

Unit of Measure 23a.

Unit Price – OY 1

Option Year Two (2): 01 January 2023 through 31 December 2023 19.

Item No.

20.

Schedule of Supplies/Services (Description) 21.

Quantity 22.

Unit of Measure 23b.

Unit Price –OY 2

Option Year Three (3): 01 January 2024 through 31 December 2024 19.

Item No.

20.

Schedule of Supplies/Services (Description) 21.

Quantity 22.

Unit of Measure 23c.

Unit Price -OY 3

SECTION A – CONTINUATION OF SF 1449, SCHEDULE OF ITEMS (SOI)

Option Year Four (4): 01 January 2025 through 31 December 2025 19.

Item No.

20.

Schedule of Supplies/Services (Description) 21.

Quantity 22.

Unit of Measure 23d.

Unit Price -OY 4

Notes:

1. Contract Award will contain Unit Pricing only.

2. Estimates are strictly for proposal consideration. Awarded Contractor will invoice and be paid based on actual quantities.

For the purpose of this solicitation, Contractor shall complete the schedule of items in accordance with instructions shown in Section E, FAR 52,212-1 (2) (b). Please DO NOT attempt to provide pricing within this form.

SECTION C - CONTRACT CLAUSES

C.0 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (OCT 2018)

As stated in Block 27 of the SF 1449, this clause is incorporated by reference; however, in accordance with FAR 12.302, the following paragraph of this clause has been tailored, all other paragraphs remain unchanged.)

C.1 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS (POC 2018)

FAR 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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 provisions may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

Certifications 52.223-2 Affirmative Procurement of Bio-based Products Under SEP 2013 Service and Construction Contracts

AGAR

452.211-73 Attachments to Statements of Work/Specifications FEB 1988

AGAR 452.237-75 - RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Clause)

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Oct 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

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

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

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

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X_ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (FEB 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

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

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

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999) (Tailored)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) before Period of Performance End Date.

(End of Clause)

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

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

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

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years, and six (6) months.

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from the notice to proceed through 31 December 2021. Award is anticipated on or about 15 October 2020.

(End of Clause)

AGAR 452.228-71 Insurance Coverage (NOV 1996) Alternate I (NOV 1996).

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

SECTION D

D.0 DESCRIPTION/SUMMARY OF WORK

The Arapaho Roosevelt National Forests Boulder Ranger District (BRD) Brainard Lake Recreation Area (BLRA) Gateway Trailhead (TH) Snow Removal Multi-Year is a requirement for snow removal services in the Brainard Lake Winter Lot which will provide the general public safe access to parking spaces throughout the winter season.

The Brainard Lake Gateway Trailhead parking lot is located at 10,000 feet in elevation and is a very high use winter recreation destination for the Denver metro area and is within a two-hour drive of approximately 3 million people. There are approximately 150 parking spots and on weekends and holidays, every parking spot (and more) will be occupied.

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to perform snow removal from the Brainard Gateway Trailhead Parking lot and access drive. Services will be required when snow depths exceed 5-inches or on a “call when needed basis”. Snow removal totals include approximately 70,000 square feet of asphalt. Delineator poles are in place to mark edge of pavement and there are no curbs on the parking lot.

All Contractors should visit the site and acquaint themselves with current conditions prior to submitting a quote for these services.

D.1 TASKS

(a) General:

· All work shall be conducted in a safe and expedient manner by personnel fully qualified to perform the tasks assigned.

· All equipment shall be in good repair with appropriate lights and reflectors and intended for the task assigned.

· No equipment or materials are to be stored at the parking area site.

(b) Snow Plowing Services

· All Snow and ice shall be plowed from the parking lot and access drive (parking spaces and driving lanes) within 24-hours when the accumulation of such meets or exceeds 5 inches by any natural means (wind or snow) AND when services are verbally requested and approved by the Contracting Officer Representative (“call when needed”).

· All snow plowing shall be performed at least once per event and shall be repeated as necessary should an additional 5-inches of accumulation occur after the initial plow.

· All work may be accomplished at any time of day/night and is required on weekends and holidays as necessary due to weather, when the facility is open. No services are required to be provided when facility is closed by the Government.

· All snow shall be pushed from the pavement to on-site storage areas provided immediately adjacent to the parking area, in parking islands and around the perimeter of the parking lot as identified in attachment D.2.

· All snow is to be stored off the pavement in a manner that shall not interfere with the ingress/egress and use of this facility and shall not limit sight lines, cause visibility and/or safety issues at intersections.

· The contractor shall also be capable of providing the necessary equipment and personal to remove excess snow that accumulates due to excessive snow fall, where normal plowing procedures will not permit the removed snow to be completed as stated above

· Upon completion of work, within 24 hours, the contractor must provide a written summary to the COR/POC which indicates:

· Date and Time

· Snow accumulation totals

· Number of trips

· Any difficulties encountered

· Any damage or suspicious activity must also be reported

(c) Parked Vehicles:

The parking lot is always open and parked vehicles may be encountered during plowing. The contractor must plow around all parked vehicles (whether Government or Private) in a manner that shall not damage the vehicle or impede its exit. Any damage caused to parked vehicles as a result of snow plowing activities shall be the responsibility of the contractor performing the services.

If parked vehicles block more than 25 parking spaces in the parking lot the contractor shall contact the Contracting Officer Representative (COR) and/or Point-of-Contact (POC) to determine if a second visit is required to complete the plowing. In some extreme instances the COR/POC may choose to temporarily close the parking to allow for complete plowing. Return visits to remove snow where vehicle parking restricted access shall be charged at the same rate as provided at same rate.

(d) Initiation of Services

Automatic Services:

The contractor shall determine snow accumulation based on weather data, local contacts, and local observations and shall self-dispatch when snow depth is greater than 5.”

On-Call/Emergency Services:

· The may Government request snow plowing services in addition to the above automatic services based on 5” or more.

· On-Call services may be requested for special events or otherwise indicated by the Government where additional snow and ice removal are necessary.

· Services may be requested in writing (via email) and/or verbal (via telephone, and contractor must respond to that request within four (4) hours of receipt of initial request.

· All on-call services must be provided with 24 hours of the initial request, unless otherwise agreed to between COR/POC and contractor in writing.

(e) Protection of Property and Insurance Requirements: Care shall be taken to protect and maintain the parking lot, delineators, signage, pavement improvements and vehicles parked at the lot during plowing operations. Public use of the parking area shall always be considered and protected. Contractor shall provide proof of liability insurance with the bid for services. Any damages occurring at the site that were caused by the Contractor shall be repaired in a timely manner at the Contractors expense.

D.2 LOCATION

The project is located at Brainard Lake Gateway Trailhead Northwest of Ward, Colorado. Boulder County.

Directions. To get to the project site take Highway 72 (Peak to Peak Highway) north from Nederland, approximately eight miles, to Ward. Turn west on Brainard Lake Road (County maintained) and travel about three miles to the winter closure gate, the Gateway Trailhead Parking access drive and parking lot is to the east.

D.3 ACCESS TO THE SITE

Access to the site is via a County Road 112/Brainard Lake Road and the contractor shall be aware that Boulder County is responsible for plowing of the County road and timing of such depends on storm intensity and plowing priorities.

If necessary, the Contractor shall schedule the work with County plowing activities to ensure adequate access to the site. The Government shall not be responsible for any additional costs incurred due to the County road access not being plowed at the time the Contractor performs the services at the Gateway Parking lot.

D.4 DELIVERIES OF PERFORMANCE

The period of performance for this contract includes a base period, from the notice to proceed through 31 December 2021. There are 4 optional years that may be exercised at the discretion of the Government. Option years are 1 January through 31 December, with the last optional year end date being 31 December 2025.

The normal operating season for this area is generally October through April. However, the site is located at 10,000 feet above elevation and snow removal services could be needed throughout the calendar year.

D.5 INSPECTION AND ACCEPTANCE

Inspection and acceptance will occur in accordance with FAR 52.212.4(a). Deliverables will be inspected, and the contractor notified of the COR/POC findings as described and stated in various Sections of the PWS and Quality Assurance Plan. If the deliverables are not acceptable, the COR/POC will notify the CO immediately.

Non-conforming products or services will be rejected. Deficiencies shall be corrected, by the contractor, as described elsewhere in the contract. If the deficiencies cannot be corrected the contractor will notify the COR/POC of the reason for the delay and provide the corrective action needed. If the contractor does not provide products or services that conform to the requirements of this contract, the Government will document the issues associated with the non-conforming products or services in the determination report.

D.6 PERSONAL SERVICE

The Government has determined that use of an Agreement to satisfy this requirement is in the best interest of the government, economic and other factors considered, and this Contract is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) Part 37.104 titled “Personal Services Contract”.

To counter the circumstances that infer personal services and to preserve the non-personal nature of the Agreement, the contractor shall adhere to the following guidelines in the performance of the Contract:

· Contractor provides for direct supervision of all contract employees assigned to the task.

· Refrain from discussing the issues such as skill levels and hours, salaries, cost and funding data, or administrative and personnel matters affecting contractor employees with the client.

· Ensure close communication/coordination with the CO and COR/POC, reporting problems to the COR/POC and CO as they occur.

· Do not permit Government officials to interview potential contractor employees, discuss individual performance, approve leave or work scheduling of contractor employees, terminate contractor employees, assist contractor employees in doing their jobs or obtain assistance from the contractor in doing Government job.

· Do not assign contractor personnel to work under direct Government supervision.

· Maintain a professional distance from Government employees.

· Provide contractor employees with badges, if appropriate, identifying them as contractors.

· Ensure proper communications with the Government (technical discussion and government surveillance is okay, but the Government cannot tell the contractor how to do the job).

· Assign a Program Manager to the BPA Call. The Program Manager or alternate should be the only one who accepts tasking from the assigned Government point of contact or alternative.

· The Government has the right to reject the finished product or result and this does not constitute personal services.

· When travel is required for the performance on BPA Call, the contractor personnel are only to travel as directed by their contract management.

D.7 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION

A. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO/PA, is authorized to amend, modify, or deviate from the contract.

B. Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO/PA in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to;

C. Point-of-Contact (POC): The POC will be used if an official COR cannot be designated at the time of award. The POC will not be designated in writing and will assist the CO/COR in the day-to-day on-site administration of the contract requirements.

D.8 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR)

A. The Contracting Officer will designate a certified FAC-COR as the Contracting Officer's Representative (COR) at time of award of a BPA Call. The COR will receive a designated COR Appointment Letter.

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

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

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

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

D.9 POINT OF CONTACT (POC)

The POC will be used if an official COR cannot be designated at the time of award.

The POC will not be designated in writing and will assist the CO/PA in the day-to-day on-site administration of the contract requirements.

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

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

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

· The POC has limited authority under this contract and responsibilities may include, but are not limited to:

The applicable Service Contract Act Wage Determination for this work is included in the base Period of Performance. Any updates will be included with the exercise of each option period.

D.11 CONTRACT ADMINISTRATION

A. Invoices

The following supplements the invoice terms contained within FAR 52.212-4(g) contained herein.

(a) Payments will be made from the Contractor’s invoice(s). All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.

(b) Payment for services rendered shall be made within 30 days following receipt of an invoice for the work. The contractor shall submit invoices on a monthly basis and at the end of the month. If at any time the Contractor does not perform the services per the contract in a timely manner the Contracting Officer reserves the right to contract for the work with another party and will adjust payment accordingly.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s). If the itemized invoice has not been reviewed and approved by the COR, the IPP payment request will be rejected. Please follow the minimum requirements to ensure a successful payment process.

IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone Contract Number Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

A. Forest Service Representatives

Brian N. McCabe shall serve as the signing Contracting Officer for this contract/purchase order and is the contact on all things concerning this contract. The Contracting Officer can be reached at brian.mccabe@usda.gov or 303-275-5274.

The contract technical point of contact/Contracting Officer Representative is Mr. Jared Smith, reachable at jared.a.smith@usda.gov or desk phone at 303-541-2508. The contractor will work directly with Mr. Smith in accessing the site to perform this work post award of the contract.

C. Contract Administration

(a) Contract Award: A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party, and all performance shall begin at contract award. No Notice to Proceed will be issued.

(b) Changes: The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(c) Unauthorized Instructions from Government or Other Personnel: The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

(d) Designation of Contracting Officer’s Representative (COR): Designation will be made upon contract issuance of the contract and a copy of the designation letter will be furnished to the Contractor. Limits of authority are described in each designation letter.

(e) Designation of Authorized Representative of the Contractor: The Contractor shall assign a member or employee who will act as Project Manager during this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

(f) Contract Release: The following supplements the Payments clause in Section I: Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

D.12 DOCUMENTS, EXHIBITS OR ATTACHMENTS

Attachment Number

Attachment Title

Date

Number of Pages

D.5

SECTION E - SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 provisions may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain JAN 2017 Internal Confidentiality Agreements or Statements – Representation

AGAR

452.204-70 Inquires FEB 1988

E.0 SIZE STANDARD AND NAICS CODE INFORMATION

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All -- NAICS Code: 332312 -- Size Standard: 500

(End of provision)

FAR 52.204-24 – REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this provision-- Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a) (1) (A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.