RFQ BRD Broadcast Herbicide.doc

COMMERCIAL ITEMS

1224H820Q0017

Bradford Ranger District FY20 Broadcast Herbicide Project

04/27/2020

814-728-6242

LOCAL TIME

INFORMATION CALL:

05/15/2020 @ 4:30 p.m. EST

USDA Forest Service

Allegheny National Forest

4 Farm Colony Drive

Warren, PA 16365

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

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SMALL BUSINESS FORMCHECKBOX

Women Owned Small

BUSINESS (WOSB)

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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

BRADFORD RANGER DISTRICT

FY20 BROADCAST HERBICIDE PROJECT

CONTRACTOR MUST BE REGISTERED IN

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

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

Schedule of Items

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 1—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Items

ITEM

NO

QUANTITY

PRICE

AMOUNT

TOTAL BID

OFFEROR NAME ___________________________________________________

OFFEROR DUNS NUMBER __________________________________________

OFFEROR EMAIL ADDRESS _________________________________________

OFFEROR PHONE NUMBER _________________________________________

1 Glyphosate based herbicide with 53.8% active ingredient (quantities specified in contract assume), approved for aquatic use and labeled for forestry site preparation such as:

· Rodeo®

· Accord®

· Forester’s®

· Glypro® 2 Non-ionic surfactants such as:

· Timberland 90®

· Chemsurf 90®

· Alenza 90®

· Red River 90®

· Red River Adherent 90®

3 Sulfometuron Methyl herbicide labeled for forestry site preparation such as:

· Oust® Oust XP®

BIDDERS NOTES:

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

b. There is no show me trip for this project. Bidders should visit sites independently. Areas 336005, 336018, 340006 and 340043 are behind locked gates. Contact Joshua Hanson at 814-331-7667 or joshua.w.hanson@usda.gov to have the gates opened. A two day advanced notice is needed. All other areas are along open roads. Areas are signed with pink tags indicating “2020 Broadcast Herbicide” and the six digit area number.

c. There is a requirement to submit a technical proposal with your offer. See page 27 for preparation instructions.

e.

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

f.

The period of performance will be from August 17, 2020 through September 20, 2020.

g.

VARIATION IN QUANTITY--Although the quantities listed in the schedule are the Government’s best guess of the acreage to be treated quantities may vary plus or minus 25% with no increase or decrease in unit pricing. If the quantity varies more than 25% above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 125% or below 75% of the estimated quantity. No increase in time will be allowed.

SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 – GENERAL SPECIFICATIONS

110 – Scope of Contract The intent of this solicitation and any resulting contract is to spray selected herbicides on understory vegetation in designated areas on the Allegheny National Forest during August and September by licensed Pennsylvania pesticide applicators (category 05, forest pest control), using a contractor supplied ground-based high volume sprayer.

120 – Description and Location

121 – The areas to be sprayed are located on the Bradford Ranger District of the Allegheny National Forest in Warren and Forest counties.

122 – The areas range in size from 18 to 114 acres in size. They have been recently harvested and have logging slash and tree tops on the ground.

123 – The location of each area can be determined from the attached vicinity map. Detailed area maps will be provided to the successful bidder at the pre-work meeting. There is road access to all unit staging areas. There are times that equipment must track on skid trails to access the application area. If excessive damage is caused to the water bars on the trail, the contractor may be required to remedy the water bars to a functional status

124 – Interfering understory vegetation includes fern, grass, beech, birch and striped maple. Each unit will have one or more of these target species identified for treatment, as well as the prescribed herbicide (glyphosate only, sulfometuron methyl only, or glyphosate and sulfometuron methyl mixed) to be applied to treat these target species.

130 – Contractor Furnished Property, Services, Responsibilities and Obligations

The contractor shall furnish all equipment (except for that listed as Government Furnished Property), labor, materials, herbicide, transportation, supervision, and incidentals necessary to apply herbicide in accordance with this contract.

131 – Contractor Supplied Sprayer – As specified in contractor’s proposal.

132 – Project Supervisor – The Contractor shall designate in writing one person on the job to act as the Project Supervisor, representing the company in all contractual matters that require prompt attention. This person should be familiar with all equipment being used and shall attend any pre-work meetings.

Before starting each day’s operations, this person should coordinate all activities between the Government and the Contractor including, but not limited to, logistics, equipment use, and daily plans and schedules. The project supervisor shall notify the USFS district lead inspector early in the day (by 8 AM) where they plan to work that day, or when they do not plan to work. Should weather conditions (e.g. rain or wind) preclude herbicide application, the decision to spray or not shall be decided by the designated Forest Service inspector or COR.

133 – The contractor may choose to utilize more than one herbicide spray machine at once, with concurrence from the COR at least 24 hours in advance.

134 – Certification – The contractor shall have both a current business pesticide applicator license (category A, forest pest control) and have a representative on the site to supervise the mixing, loading, and application of herbicide who holds a current pesticide use applicator license (category 05, forest pest control) in the State of Pennsylvania. Copies of business and individual pesticide applicator licenses in appropriate category must be provided to the Forest Service by June 1.

135 – All work under this contract shall be performed in a skillful and professional manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems unprofessional.

136 – Flagging – The contractor shall use only biodegradable or photodegradable flagging.

140 – Government Furnished Property

141 – Radios – The government will supply if requested, King portable radios, batteries, and chargers for the contractor to use for communication between the sprayer operator, crewmembers, and Forest Service personnel while spraying.

142 – Spray block maps

DIVISION 200 – TECHNICAL SPECIFICATIONS

210 – Equipment Requirements

To avoid contamination of areas not scheduled for treatment, Contractor must ensure that the spray system has no leaks, and does not have excessive dripping from the nozzles.

220 – Herbicide 221 – The contractor shall furnish the required quantities of glyphosate (approved for aquatic use and labeled for forestry site preparation) (example trade names Glypro®, Rodeo®, Accord Concentrate®, or Foresters®) and sulfometuron methyl herbicide (labeled for forestry site preparation) (example trade names Oust® and OustXP®) and a non-ionic surfactant using nonylphenol ethoxylates plus isopropanol and free fatty acids in a 90% active formulation. Example surfactants approved for use on the ANF include Timberland 90®, Chemsurf 90®, Alenza 90®, Red River 90®, and Red River Adherent 90®.

222 – The herbicide carrier will be water obtained from approved domestic water systems or other approved fresh water sources. The designated Forest Service inspector or Contracting Officer’s Representative (COR) may approve, on occasion, water drafting zones to supplement domestic water trucked to treatment areas, if it is convenient to application operations and the designated inspector or COR approves the drafting site prior to drafting. The Allegheny National Forest reserves the right to reject any water drafting zones it regards as unsuitable. Any water supply must be approved by the Forest Service, have no visible suspended sediments.

223 – Additives other than a non-ionic surfactant may not be used.

224 – Due to changes in herbicide labeling and product manufacturing, the contractor shall notify the Forest Service by June 1 of the herbicide and surfactant trade names that they intend to use. The Forest Service will approve use of these products in advance of application.

230 – Application Rate 231 – Glyphosate shall be applied at the rate of 1 pound active ingredient per acre (for example if the Accord® formulation is applied, 0.8 quarts [26 ounces] of Accord® product per acre), and Sulfometuron Methyl shall be applied at the rate of 1.5 ounces active ingredient per acre (for example if the Oust XP® formulation is applied, 2 ounces of Oust XP® product per acre). Surfactant will be applied with glyphosate at the rate of 1 pint (16 ounces) per acre.

The application rate shall not exceed 120% of this rate on average of all units treated.

On individual units where the vegetation is very thick or tall, the application rate shall not exceed 150% of the above stated rate.

232 – Sometimes portions of the treatment area will not be able to be traversed by a ground-based sprayer because of steep slopes, pipelines, or large rocks. If these inaccessible areas are less than 1 acre in size they are considered inclusions and may be left untreated (determined by the designated Forest Service inspector or COR).

233 – Herbicide solution (water plus herbicide specified at rates listed in specification 231) will be applied at the rate of 25 gallons per acre, within limits of ± 20% on average of all units, or -25% to +50% on any one unit.

240 – Performance Requirements 241 – Equipment Calibration and Spray Characterization. The Contractor shall be required to calibrate to the specified application rate and characterize the spray system. Forest Service personnel will observe this activity which will occur at a mutually agreed upon location, date, and time before work begins on this project, and during the project if required by the Forest Service. Water shall be used for this exercise.

242 – Mixing – Mixing shall occur on site or within 6 hours of treatment, whenever feasible. Sites selected for mixing, loading, and cleaning of equipment shall be located so as to prevent contaminating streams, ponds, or spring seeps. The Forest Service will approve all such locations.

243 – Prior to herbicide application on the ANF, the contractor shall ensure all tanks and application equipment are clean of residual herbicide or material from other applications. When changing from application of a blend of Glyphosate and Oust (Sulfometuron Methyl) to only Oust, the contractor will ensure all residual herbicide is removed from machine or used prior to applying Oust only.

244 – Prior to starting application on ANF lands, all herbicide application equipment will be visually inspected to ensure it is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall not move herbicide application equipment which last operated in an area that is infested with one or more invasive species of concern (identified prior to operations by the Forest Service) into a treatment block without using whatever cleaning measures are necessary to ensure the equipment is free of noxious weeds. Disassembly of equipment components or specialized inspection tools are not required.

The contractor must advise a Forest Service representative what measures were taken to clean the equipment following use on non-ANF lands or an area infested with an invasive species, and arrange for Forest Service inspection prior to use of equipment. Equipment shall be considered free of soils, seeds, or other such debris when a visual inspection does not disclose such material. If the contractor desires to clean the equipment on National Forest land, the contractor and Forest Service shall agree on locations for the cleaning and control of off-site impacts, if any.

245 – Capacity- Contractor must be able to treat up to 50 acres per day, weather permitting.

250 – Application Forest Service personnel have marked spray area boundaries with flagging or paint. In accordance with the ANF Land and Resource Management Plan Standards and Guidelines, the following procedures are required:

251 – Before beginning treatment in an area, the COR or designated inspector and the Contractor’s representative will discuss resource features requiring protection, buffers, mitigation measures, and spray patterns. In some cases, the COR or designated inspector and the Contractor’s representative may walk through the area to review special conditions or areas to avoid during spraying.

252 – A government inspector will be on site during application.

253 – Seeded roads, landings, or gravel pits will not be treated with herbicides.

254 – When spraying within 75 feet of outer boundaries of units or buffer strips, equipment shall travel adjacent to the perimeter, with spray directed away from boundary whenever possible.

255 – Buffer areas or places where spraying is not permitted will be identified by the COR or inspector prior to beginning a unit, and communicated with the contractor on site. The boundaries of these buffer areas may or may not have been painted or flagged. Minimum required buffer distances for water quality are as follows:

A - 25 feet (glyphosate) or 50 feet (sulfometuron methyl) on each side of perennial streams, impoundments, flowing intermittent streams, seeps, springs, wet areas with no defined outlet (standing water), vernal pools, or intermittent streams with flowing water the day of spraying.

B - 10 feet wide along each side of dry intermittent streams, dry springs, and dry seeps.

C - 100 feet for equipment travel; 25 foot buffer for spray around vernal pools.

256 – Contractor shall avoid damaging saw timber and pole timber crop trees, or snag with the spray equipment.

257 – Application of spray material shall be confined to the designated spray area.

258 – Some units may be treated on weekdays only because of safety concerns caused by access to these units on ATV trails, proximity to private camps, recreation use or other reasons.

259 – Sequence of areas to be sprayed: The government reserves the right to determine the sequence of blocks to be treated.

260 – Climatic Limitations Spraying operations should not occur when any of the following conditions exist, and as determined by the Forest Service designated inspector and/or COR:

261 – The wind exceeds 10 mph in the open or 4 mph under the canopy, or

262 – Rain, fog, or morning dew causes moisture to drip from the foliage, or

263 – Air turbulence (thermal updrafts, etc.) is so great at the spray area as to seriously affect the normal spray pattern, or 264 – Significant rainfall is anticipated during the course of spray operations, as determined by the COR or designated Forest Service inspector on site.

265 – Respray for Unexpected Rain – Contractor may be required to respray any area or portion of an area treated where rain falls within 4 hours of the time of treatment. Compensation will be made to the contractor for this respray at the calculated per acre rate for the area within which the respray occurs, using the unit bid price and the acreage specified in the Schedule of Items section of this contact.

266 – The government reserves the right to suspend or cancel spray operations due to unfavorable climatic conditions at any time.

270 - Records

The Contractor shall maintain an accurate record of the amount of herbicide and solution used on each area. After completing each unit the Contractor’s Project Supervisor will compare their records with the information on the Stand Data Sheet (maintained by the Government) and then sign this form if the information is correct.

280 - Safety 281 – The Contractor or their Project Supervisor shall report all accidents or incidents associated with this contract to the Contracting Officer within 24 hours. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

282 – The Contractor shall comply with all Federal and State regulations for spraying herbicide.

283 – All persons who may come in contact with the spray solution shall wear protective clothing, consistent with that specified on the herbicide label.

284 – The contractor will provide soap and water for personnel to wash with on the job site.

290 – Accidents, Incidents, and Spills

291 – Accidents, as used throughout this contract shall mean destruction or substantial damage to the motorized spray equipment, the spray vehicle, or the service truck, and minor, serious, or fatal injury to personnel.

292 – Incidents, as used throughout this contract shall mean any mishap, malfunction, or situation involving equipment or personnel, which results in a deviation from standard procedures or has the potential of resulting in an accident or injury.

293 – Herbicide Spills. The Contractor must have a spill prevention and clean-up plan approved by the Contracting Officer’s Representative by July 1 annually. Herbicide lost through spills greater than 5 gallons of diluted product, or 1 quart of undiluted product must be reported to the Contracting Officer’s Representative and the appropriate state and federal agencies.

294 – Security – The Contractor shall be responsible for the security of all herbicide, equipment, and materials furnished for this project.

295 – Herbicide and Container Disposal. Contractor shall dispose of any excess herbicide and used herbicide containers in accordance with the label and Pennsylvania programs such as Chemsweep. Recycling of herbicide containers is strongly encouraged.

DIVISION 300 – MEASUREMENT AND PAYMENT

310 – Measurement

Acreage is determined by a survey using a computer traverse program or GPS satellite mapping. This measurement shall be utilized for payment purposes, unless the actual acreage on the ground for a given area varies by more than 15% from the estimated acreage for that unit, as described below in Specification 320.

320 – Suspected errors in measurements

If the contractor requests a remeasurement of any area and the results of the remeasurement show that the acreage is more than 15% different from original measurement, the government will pay at the unit price for the number of acres shown on the remeasurement and the cost of the remeasurement itself. If, however, the remeasurement shows the acreage to be within the 15% allowable variation, payment will be for the original acreage for that unit and the contractor will pay for the cost of the remeasurement. The Forest Service will determine the method of remeasurement. The Forest Service will perform all remeasurements.

330 – Inclusions The acreages shown in the Schedule of Items have not been reduced to account for inclusions of 1 acre or less which are unsuitable for spraying due to topography, soil conditions, standing water, or buffer strips. Though some of these inclusions exist within the project areas, no reduction will be made in the contract payment to account for them. All areas within units will be treated except for inclusions mapped as no spray areas.

340 – Payment

Payment will be made at the contract unit price(s) for each applicable item number on the actual amounts acceptably completed, with no accidents or herbicide spills that require reporting to the Contracting Officer. Payments will be processed at least monthly.

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

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

SAFETY AND HEALTH

SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, for approval, a safety plan, as applicable to the work scope.

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).

__ (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.

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

_X_ (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 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts (SEP 2013) FAR 52.223-17 – Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

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…