RFQ-ANF Fence Removal.doc

COMMERCIAL ITEMS

SOL NO. 1224H820Q4002

Allegheny National Forest FY20 Fence Removal

05/13/2020

7. FOR SOLICITATION

@ 4:30 p.m. EST

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

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SMALL BUSINESS FORMCHECKBOX

Women Owned Small

BUSINESS (WOSB)

USDA Forest Service

Allegheny National Forest

4 Farm Colony Drive

Warren, PA 16365

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HUBZONE SMALL FORMCHECKBOX

Economically Disadvantaged

Women-Owned Small Business (EDWOSB)

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A) NAICS:__115310___

OWNED SMALL BUSINESS

Size Standard:__$8M__________

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

same as 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE same as 9

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

Allegheny National Forest FY20 Fence Removal

CONTRACTOR MUST BE REGISTERED IN

www.sam.gov in order to submit an offer on this project.

ENTER DUNS Number ________________________

Please complete this package and return by the response date via email to carol.northrop@usda.gov

Pages 2&3

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212 Continuation of SF1449 Block 27: The full text of a Federal Acquisition Regulation (FAR) or Department of Agriculture Acquisition Regulation (AGAR) clause or provision may be accessed electronically at http://www.acquisition.gov/far/

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Allegheny National Forest FY20 Fence Removal

Total for Work Item 1 (BRD) $___________________

Total for Work Item 2 (MRD) $___________________

Total for Work Item 3 (WLD) $___________________ Total of Work Items 1, 2, and 3 $____________________________

OFFEROR NAME ___________________________________________________

OFFEROR DUNS NUMBER ___________________________________________

OFFEROR EMAIL ADDRESS _________________________________________

OFFEROR PHONE NUMBER _________________________________________

Bidders Notes:

a. Contractor must be registered www.sam.gov to be considered. THIS IS A FREE REGISTRATION.

b. There is no pre-bid meeting or show me trip scheduled for this project. If a bidder has questions regarding access to sites or contract specifications please contact Edward Doane, Bradford Ranger District (814)363-6092 for Item 1; Terry Witzel, Marienville Ranger District (814)927-5783 for Item 2 and Stephen Rutkowski, Bradford Ranger District –Wildlife (814)363-6071 for Item 3. Contractors should visit the sites independently.

c. There is a requirement to submit a technical proposal with your offer. See page 28 for preparation instructions.

d. Award will be made to one contractor. You must submit pricing for all items, including any option items and/or option years.

e. The period of performance is June 8, 2020 through November 30, 2020.

1. Items 1 & 2: Unit is perimeter (feet) of project areas, not total feet of wire used to construct fences. Fences are typically 7 feet in height, constructed with the use of 2 layers of 4’ high fencing and approximately 1’ foot of fencing laid flat and covered in soil.

Item 3: Unit is perimeter (feet) of individual/crib fenced areas surrounding trees and shrubs, not total feet of wire used to construct fences.

Individual tree fences are generally square averaging 14-20’ in total length. The individual fences are constructed using 4 metal “T” posts corners.

Crib fences are generally around 100’ in total length. The crib fences are rectangular shaped 10 feet wide by 40 feet in length. They are typically comprised of eight - 8’ studded “T” fence posts. The fences are generally 5 foot in height with an additional 1’ foot of fencing laid flat and covered in soil.

2. Quantity Variation: Quanity is estimated for specific the Project Area. Bidder should consider that variances of up to +/- 15% will occur during contract performance, thus the offeror should consider these adjustments in their original pricing. Said quantity changes to be subject to original contract pricing; any variance above, or below this percentage, shall be subject to negotiation with Contracting Officer and prospective Bidder.

3. Project Area Examination: Prospective bidders are encouraged to examine the project areas prior to bidding. Bidders are encouraged to view the access to the project areas, to determine the amount of work needed, and logistics for disposal of fencing materials.

4. Project Area Accessibility: Access to all Project Areas is variable. Some Areas are nearly surrounded by Forest Roads or oil & gas (dirt) roads making easy operational access. Other Areas are limited to ATV or walking access only requiring materials to be hauled or dragged on designated paths some distance to a staging location. The majority of Project Areas fall between these extremes.

Most fences in items 1 and 2 have a perimeter access trail surrounding the fence; however, some may have grown in over time. Most of these trails are ATV/UTV accessible; however, there are some trails that due to slope, rocks, streams, etc. are limited to foot travel only. Only ATV/UTV’s or other COR approved equipment will be permitted for use on perimeter trails. Equipment use is limited to the immediate vicinity of the Project Area to aid in fulfilling this contract. Use of equipment outside of the Project Area vicinity is subject to fines.

Item 3 fences are in maintained wildlife openings, with forest road or two track ATV trail access. Access should not be an issue with these sites, but care must be taken to ensure minimal damage is done to the openings.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Fence Removal and Clean-up Specifications

Division 100 - General Specifications

110 - Scope of Contract

It is the intent of this contract to dismantle, remove and dispose of woven wire deer fences and wildlife tree/crib fences on the Allegheny National Forest. The deer fences are located in wooded areas and the tree/crib fences are located in grass openings. All deer fences have walk-through gates, some fences may have farm gates, to remove on each fence. The contractor is responsible for furnishing all supervision, labor, equipment, tools, and incidentals necessary to complete the work.

120 – Location, Description of Project Areas and Identification of Project Area Refer to Exhibit B for (Contract Maps) for location information for both Item 1

(Bradford), Item 2 (Marienville) and Item 3 (Wildlife).

Refer to Exhibit C for directions to Wildlife fence locations and description and amount of work the job entails.

130- Identification of project area-

All project areas will be identified with an orange tag, see example below. The contractor or field representative is required to read orange tag, ensure that he/she is at the correct location according to the orange tag’s information and initial it prior to starting any work on the project area for all units on the task order.

Ex. of orange tag that needs to be initialed prior to start of project work.

140- Contractor Representative

Before work starts, the Contractor shall designate a person knowledgeable of contract requirements to act in their absence. The Contractor or authorized representative shall be at the job site whenever work is in progress. In the absence of the Contractor, the authorized representative may receive instructions from the Contracting Officer.

150 - Protection of Existing Structures

The Contractor is required to protect existing improvements such as pipelines, powerlines, buildings, roads/traffic gates, plantings, nesting structures, etc. which may be located in the project area. The Contractor shall be required to repair or replace such improvements if damaged as a result of their operations.

160 – Notification

The Contractor is required to keep the Contracting Officer currently informed of their work schedule and physical location of their work force to permit ready location and timely inspection of accomplished work. The contractor shall also notify the contracting officer at least weekly of the progress being attained on this project. This notification can be either oral or written.

Division 200 - Technical Specifications

Some Technical Specifications may be specific to certain Items in this contract. The technical specifications will be designated by the item #.

210 - Project Description (Items 1 &2) These Items consist of taking down and disposing of seven foot high woven wire deer fence. The fencing is comprised of two 4' rolls of fencing stacked on top of each other. The bottom foot of the fencing is buried around perimeter of the project area and is to be dug up. Metal or wood posts, 2x4 lumber, gates, miscellaneous wire, and fasteners are also included for removal.

211 - Fence Material - All fence wire, hog rings and other wire must be removed from Government property and disposed of properly.

212 - Steel Posts - Steel posts must be pulled and removed from Government property and disposed of at the contractor’s expense.

The exception to this will be site specific where the Government retains salvage rights to posts. The Contractor should review Exhibit D for information in regards to retention of posts for a given contract year. If the Government retains posts, the Government will designate a pick up location for them.

213 - Fasteners - All nails and fence staples must be completely removed from live trees.

Saw log Sized Trees (greater than 9" dbh) - Remove all nails, staples, and embedded metal. In some cases deeply embedded wire cannot be removed without moderate damage to the tree. In this case, the tree will be girdled. In areas nears roads or trails, the COR has authority to designate trees to be felled rather girdled. All trees felled will have a stump height of 6 inches or less on the uphill side of the stump. All stumps will be cut parallel to the ground; no angular cuts on stumps will be accepted.

Pole Sized Trees (less than 9" dbh) - If nails or embedded metal cannot be pulled free, then the tree will be felled or girdled if not along a road or recreational trail. All trees felled will have a stump height of 6 inches or less on the uphill side of the stump. All stumps will be cut parallel to the ground; no angular cuts on stumps will be accepted.

Red painted or blazed Forest Service property boundary trees with ingrown fence will not be cut down.

214 – Wooden boards and posts - All 2”x 4” boards shall be removed from trees, and all 4”x 4” or larger posts shall be pulled or cut flush with the ground. All wooden materials shall be removed from Government property.

The exception to this will be site specific where the Government retains salvage rights to posts. The Contractor should review Exhibit D for information in regards to retention of posts for a given contract year. If the Government retains posts, the Government will designate a pick up location for them.

All holes in the ground created by removal of round or square wooden posts will need to be backfilled to reduce tripping hazards. Soil from the edge of the hole will be pulled in to assist in backfilling.

215 – Gates – Walkthrough (man) gates will be removed from each site, unless otherwise designated by the COR. Some gates may be designated to be retained by the Government. The Contractor should review Exhibit D for a listing of site(s) where the Government retains the right to walk though gates. If the Government retains gates, the Government will designate a pick up location for them.

All farm gates will remain property of the Government. They will be removed and placed for the Government to pick up.

216- Brush Cutting – All brush cut to remove the fence will be completely severed at a height no greater than 6 inches above the ground on the uphill side of the tree. All stumps will be cut parallel to the ground; no angular stumps are permitted.

210 - Project Description (Item 3)

This Item consists of taking down and disposing of wildlife tree and crib fencing. The fencing is generally comprised of one 6' roll of fencing. The bottom foot of the fencing is buried around perimeter of the trees or shrubs to be protected. Metal posts, miscellaneous wire, and fasteners are also included for removal.

211- Fence Material - All fence wire, hog rings and other wire must be removed from Government property and disposed of properly.

212- Steel Posts - Steel posts and rebar must be pulled and removed from Government property and disposed of at the contractor’s expense.

The exception to this will be site specific where the Government retains salvage rights to posts. The Contractor should review Exhibit D for information in regards to retention of posts. If the Government retains posts, the Government will designate a pick up location for them.

213- Fasteners - All nails, fence staples, or wire shall be completely removed from government property. In rare instances if this affects a sapling/tree, it may require trimming and/or removal of the stem.

Care should be taken to ensure the planted species are not harmed in the removal. If the removal cannot be performed without damaging the planted species, the COR shall be notified before work is performed. This should only occur in very rare instances.

All holes in the ground created by removal of round or square wooden posts will need to be backfilled to reduce tripping hazards. Soil from the edge of the hole will be pulled in to assist in backfilling.

216- Brush Cutting – All brush cut to remove the fence will be completely severed at a stump height no greater than 3 inches above the ground on the uphill side of the tree. All stumps will be cut parallel to the ground; no angular stumps are permitted. Brush that is cut shall be pulled back and disposed of outside of the clearing limits of the wildlife opening.

220 - Vehicle Operation (All Items)

Project areas may be reached by Forest Roads that are accessible by standard pickup during the normal working season. The Government assumes no obligation to plow snow or do special maintenance to keep roads open. Some project areas may be on a gated road and require signing out a key with the Contracting Officer’s Representative (COR).

ATV's (All-Terrain Vehicles), UTV’s (Utility Terrain Vehicles), and small Skid Steers may be operated around the perimeter of the fence to accomplish fence removal activities only. The operator is subject to fines if found using ATV's or UTV’s in manners other than for the purpose of fence removal.

Not all fences can be traversed along their entire perimeter. If at any time the Forest Service inspections indicate that soil damage or excessive rutting has occurred due to the use of equipment such damage shall be repaired by the Contractor at his/her expense.

230 – Project Area Clean Up (All Items) The contractor is responsible for proper disposal of fencing materials as indicated above. Any and all additional trash and debris generated in the performance of this contract shall be removed from Forest Service land.

240 – Project Area Materials Staging (All Items) Staging areas large enough for gathering, sorting, piling, etc. of removed materials prior to removal from Forest Service land are permitted in each project area. The contractor must notify the Forest Service as to the desired location for each staging area. Location will be mutually agreed upon prior to start of removal operations.

250 – Progression of Work (All Items) Only three (3) awarded project areas shall be operated at one time, unless otherwise agreed in writing by the Forest Service. Unless there is agreement in writing to postpone specific requirements, all contractual requirements on a project area shall be accepted by Forest Service prior to working on additional project areas.

260 – Work Plan and Schedule (All Items) Prior to the start of work, the Contractor shall prepare a work plan and schedule that demonstrates when work will be completed within the performance period described in Section F – Deliveries of Performance. The Contractor shall advise the Contracting Officer or COR of any periods that the Contractor will not be working as outlined in the work plan. The Contractor may update the work plan as needed. Work Plans shall be accepted by the Contracting Officer before work may commence. The Contractor will notify the COR as individual fence removal is completed.

The Government may set the order in which fences shall be removed. This is to avoid conflict with other activities that may be occurring in the fence removal areas. The government reserves the right to direct the contractors operations to alternate sites if soil conditions are unfavorable for operations.

270 – Safety (All Items)

It is the Contractor’s responsibility to ensure that the work environment is safe for themselves, their employees, and the general public. If the Contractor feels that a requirement of this contract would place any of the aforementioned in a unsafe environment, then work should stop on that area of work and the Contractor should contact the COR (Contracting Officer’s Representative), or CO (Contracting Officer) if COR is unavailable. Work in other areas that the Contractor does not view as unsafe should continue. The Contractor is required to follow all applicable OSHA standards while working on the job site. In addition, it is required that the successful contractor utilize appropriate personal protective safety equipment/clothing, which may include, but is not limited to, a hard hat, leg protection, eye protection, ear protection, and hand protection, DOT approved ATV helmet (if using ATV’s or UTV’s) while working in the project area.

280 – Measurement & Payment (All Items) The estimated linear feet of the fences have all been measured using GPS technology.

The Contractor may at any time after award request remeasurement of any project area. The request shall be made in writing to the contracting officer. Remeasurement will be made within the established boundaries. If remeasurement indicates a variance of 15 percent or less, the Contractor shall bear the cost of remeasurement and payment will be based off the current contract amount. If remeasurement indicates a variance greater than 15 percent, payment will be based on the remeasured footage and the Government will pay the cost of remeasurement.

Payment will be authorized upon bid item completion and inspection/acceptance (by Forest Service Personnel). Partial payments will not normally be made on any resultant contract which totals less than $1,000 or occurs more frequently than once a month.

290 – Equipment Cleaning Provisions – Non-native Invasive Plant Control

To help prevent the spread on non-native invasive plants, Contractors shall ensure that prior to moving any equipment to a work site on the Allegheny National Forest that they clean all soil, seeds, vegetative matter or other debris that could contain or hold seeds from equipment. Equipment shall be considered free of soil, seeds and other such debris when a visual inspection does not disclose such material.

Equipment includes, but not limited to, the following: mechanized spreaders, augers, shovels, off-road equipment used for transport of materials (ATV’s and trailers), heavy equipment (dozers, backhoes, excavators, or other tracked and/or wheeled vehicles), and power hand tools (chain saws, brush cutters, etc.).

The government reserves the right to request for equipment cleaning if the contractor is moving from an infected project site to a project site that has no invasive species present.

Disassembly of equipment components is not required. The use of detergents or other cleaning agents is not required. Equipment should not be cleaned in streams, ditches or other waterways.

C.1 Sustainable Acquisitions

The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives); (applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

C1.1 Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

C1.1.1 Energy-efficient and Water-efficient Products

ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html www.epa.gov/watersense

NONE

C1.1.2 Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov

NONE

C1.1.3 Environmentally Preferable Products:

www.epa.gov/epeat.

NONE

C1.1.4 Non-ozone Depleting Products:

http://www.epa.gov/snap

Aerosol solvents, cleaning solvents C1.1.5 EPA Designated Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program Commercial/industrial sanitary tissue products, paper, plastic trash bags

CONTRACT CLAUSES

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause–

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

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

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation) (MAR 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 2019) (Section 89(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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

__(3a) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (April 2014) (41 USC 4712) (Deviation) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

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

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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]

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020).

__ (iii) Alternate II (Nov 2011).

__ (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.

__ (iii) Alternate II (Mar 2004) 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 (Mar 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 (Mar 2020) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9.

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

__ (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. 657 f).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (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 (Mar 2020) (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) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (FEB 1999) of 52.222-26 __ (31) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

___ (ii) Alternate I (JULY 2014) of 52.222-35 _X_ (32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (JULY 2014) of 52.222-36 __ (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 (JAN 2019) (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 (Jun 2014) of 52.223-14.

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

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

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

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

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

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693) __ (47)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (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. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (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 (June 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. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

__ (62)(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.

__ (ii) 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

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

__ (4) 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).

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

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

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

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

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

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. 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 (Oct 2015) (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 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

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

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

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

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

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

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

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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.

FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997)

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

AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuant to the clause "Insurance - Work on a Government Installation (52.228-5)," 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 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 workers' compensation to be written by private carriers.

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

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the 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.

(d) Air craft 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 liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Alternate I (NOV 1996). As prescribed in 428.310, substitute the following paragraph (b), when additionally the contractor must have property damage liability coverage:

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of ____$150,000___ per occurrence.

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…