Road Maintenance solicitation 12445122R0001 REV3.pdf

12445122R0001/ Road Maintenance Services Ouachita and Ozark-St. Francis National Forests

FAC 2022-01effective December 6, 2021

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

5.1 ROAD BLADING

5.2.1 ROADSIDE BRUSHING

5.2.2 OVERHEAD TRIMMING

5.3 AGGREGATE PLACEMENT

5.3 AGGREGATE PLACEMENT

5.3 AGGREGATE PLACEMENT

5.3 AGGREGATE PLACEMENT

5.3 AGGREGATE PLACEMENT

5.3 AGGREGATE (SUPPLY, DELIVER, SPREAD)

5.4 LEAD-OFF & WING DITCH REHAB

5.5 CULVERT CLEANING

5.6 SECONDARY ROAD MAINTENANCE

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

C.2 PROJECT LOCATON

C.3 TECHNICAL SPECIFICATIONS

C.4 CLAUSES

SECTION D--PACKAGING AND MARKING

D-1 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

D-2 ORDERING PROCEDURES

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

F.2 OTHER DELIVERABLES AND PLACE OF PERFORMANCE

F.3 TERM OF THE CONTRACT

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 USE OF PREMISES

H.3 Archaeological or Historic Sites

H.4 Control of Erosion, Sedimentation, and Pollution

H.5 Insurance Coverage

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I. 1 CLAUSES

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L.1 PROVISIONS

GENERAL INFORMATION

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item Task Description Est Qty Unit Base Yr Opt Yr 1 Opt Yr 2

5.1 ROAD BLADING

5.1.1 OUACHITA NATIONAL FOREST

Caddo/Womble Ranger Districts 165 Mile $ $ $

Cold Springs District 165 Mile $ $ $

Poteau Ranger District 200 Mile $ $ $

Jessieville Ranger District 170 Mile $ $ $

Winona Ranger District 190 Mile $ $ $

Fourche Ranger District 200 Mile $ $ $

Mena Ranger District 170 Mile $ $ $

Oden Ranger District 200 Mile $ $ $

Oklahoma Ranger District 200 Mile $ $ $

5.1.2 OZARK-ST. FRANCIS NATIONAL FORESTS

Big Piney Ranger District – Hector Office 175 Mile $ $ $

Big Piney Ranger District – Jasper Office 75 Mile $ $ $

Boston Mountain Ranger District 120 Mile $ $ $

Magazine Ranger District 100 Mile $ $ $

Pleasant Hill Ranger District 120 Mile $ $ $

St. Francis Ranger District 55 Mile $ $ $

Sylamore Ranger District 105 Mile $ $ $

Contractors may submit an offer on one line item, all line items, or any combination thereof.

Estimated quantities are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

B.1 SCHEDULE OF ITEMS (Continued)

5.2.1 ROADSIDE BRUSHING

OUACHITA NATIONAL FOREST

Caddo/Womble & JWF Districts 75 Mile $ $ $

Cold Springs/Poteau & Mena/Oden Districts 65 Mile $ $ $

Oklahoma Ranger District 50 Mile $ $ $

OZARK-ST. FRANCIS NATIONAL FORESTS

Big Piney Ranger District – Hector Office 25 Mile $ $ $

Big Piney Ranger District – Jasper Office 40 Mile $ $ $

Boston Mountain Ranger District 25 Mile $ $ $ Magazine Ranger District 60 Mile $ $ $ Pleasant Hill Ranger District 25 Mile $ $ $ St. Francis Ranger District 20 Mile $ $ $ Sylamore Ranger District 20 Mile $ $ $

5.2.2 OVERHEAD TRIMMING

OUACHITA NATIONAL FOREST

Caddo/Womble & JWF Districts 75 Mile $ $ $

Cold Springs/Poteau & Mena/Oden Districts 65 Mile $ $ $

Oklahoma Ranger District 50 Mile $ $ $

OZARK-ST. FRANCIS NATIONAL FORESTS

Big Piney Ranger District – Hector Office 25 Mile $ $ $

Big Piney Ranger District – Jasper Office 40 Mile $ $ $

Boston Mountain Ranger District 25 Mile $ $ $ Magazine Ranger District 60 Mile $ $ $ Pleasant Hill Ranger District 25 Mile $ $ $ St. Francis Ranger District 20 Mile $ $ $ Sylamore Ranger District 20 Mile $ $ $

Estimated quantities are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

5.3 AGGREGATE PLACEMENT

OUACHITA NATIONAL FOREST

Caddo/Womble Ranger District 500

CY

(Cubic Yards)

(MI =

Mile)

5.3.1 Aggregate - Road Base Supply and Spread

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.1.2 Hauling CY/MI $ $ $

5.3.2 Aggregate - Oversize 3"

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.2.2 Hauling CY/MI $ $ $

Cold Springs Ranger District 500 CY

5.3.1 Aggregate - Road Base Supply and Spread

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.1.2 Hauling CY/MI $ $ $

5.3.2 Aggregate - Oversize 3"

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.1.2 Hauling CY/MI $ $ $

Estimated quantities are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

5.3 AGGREGATE PLACEMENT

OUACHITA NATIONAL FOREST

Poteau Ranger District 200 CY

5.3.1 Aggregate - Road Base Supply and Spread

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.1.2 Hauling CY/MI $ $ $

5.3.2 Aggregate - Oversize 3"

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.2.2 Hauling CY/MI $ $ $

Jessieville Ranger District 150 CY

5.3.1 Aggregate - Road Base Supply and Spread

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.1.2 Hauling CY/MI $ $ $

5.3.2 Aggregate - Oversize 3"

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Estimated quantities are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

5.3 AGGREGATE PLACEMENT

OUACHITA NATIONAL FOREST

Winona Ranger District 150 CY

5.3.1 Aggregate - Road Base Supply and Spread

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.1.2 Hauling CY/MI $ $ $

5.3.2 Aggregate - Oversize 3"

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.2.2 Hauling CY/MI $ $ $

Fourche Ranger District 500 CY

5.3.1 Aggregate - Road Base Supply and Spread

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.1.2 Hauling CY/MI $ $ $

5.3.2 Aggregate - Oversize 3"

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Estimated quantities are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

5.3 AGGREGATE PLACEMENT

OUACHITA NATIONAL FOREST

Mena Ranger District 500 CY

5.3.1 Aggregate - Road Base Supply and Spread

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.1.2 Hauling CY/MI $ $ $

5.3.2 Aggregate - Oversize 3"

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.2.2 Hauling CY/MI $ $ $

Oden Ranger District 500 CY

5.3.1 Aggregate - Road Base Supply and Spread

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.1.2 Hauling CY/MI $ $ $

5.3.2 Aggregate - Oversize 3"

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Estimated quantities are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

5.3 AGGREGATE PLACEMENT

OUACHITA NATIONAL FOREST

Oklahoma Ranger District 700 CY

5.3.1 Aggregate - Road Base Supply and Spread

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 3 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.1.2 Hauling CY/MI $ $ $

5.3.2 Aggregate - Oversize 3"

Pit 1 - T: _______ R: _______ Sec: ________ CY $ $ $

Pit 2 - T: _______ R: _______ Sec: ________ CY $ $ $

5.3.2.2 Hauling CY/MI $ $ $

Estimated quantities are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

5.3 AGGREGATE (SUPPLY, DELIVER, SPREAD)

5.3.2 OZARK-ST. FRANCIS NATIONAL FORESTS (TN = Tons)

5.3.2.1 Aggregate - Road Base

Big Piney Ranger District – Hector Office 500 TN $ $ $

Big Piney Ranger District – Jasper Office 400 TN $ $ $

Boston Mountain RD – Main Division 400 TN $ $ $

Boston Mountain RD - Lee Creek Unit 400 TN $ $ $

Boston Mountain RD – Wedington Unit 400 TN $ $ $

Magazine Ranger District 250 TN $ $ $

Pleasant Hill Ranger District 400 TN $ $ $

St. Francis Ranger District 400 TN $ $ $

Sylamore Ranger District 700 TN $ $ $

5.3.2.2 Aggregate - Oversize 3"

Big Piney Ranger District – Hector Office 500 TN $ $ $

Big Piney Ranger District – Jasper Office 500 TN $ $ $

Boston Mountain RD – Main Division 200 TN $ $ $

Boston Mountain RD - Lee Creek Unit 150 TN $ $ $

Boston Mountain RD – Wedington Unit 150 TN $ $ $

Magazine Ranger District 500 TN $ $ $

Pleasant Hill Ranger District 500 TN $ $ $

St. Francis Ranger District 500 TN $ $ $

Sylamore Ranger District 500 TN $ $ $

Estimated quantities are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

5.4 LEAD-OFF & WING DITCH REHAB

5.4.1 OUACHITA NATIONAL FOREST (EA = Each)

Caddo/Womble Ranger Districts 50 EA $ $ $

Cold Springs District 50 EA $ $ $

Poteau Ranger District 50 EA $ $ $

Jessieville Ranger District 50 EA $ $ $

Winona Ranger District 50 EA $ $ $

Fourche Ranger District 50 EA $ $ $

Mena Ranger District 50 EA $ $ $

Oden Ranger District 50 EA $ $ $

Oklahoma Ranger District 50 EA $ $ $

5.4.2 OZARK-ST. FRANCIS NATIONAL FORESTS

Big Piney Ranger District – Hector Office 50 EA $ $ $

Big Piney Ranger District – Jasper Office 50 EA $ $ $

Boston Mountain Ranger District 50 EA $ $ $

Magazine Ranger District 50 EA $ $ $

Pleasant Hill Ranger District 50 EA $ $ $

St. Francis Ranger District 50 EA $ $ $

Sylamore Ranger District 50 EA $ $ $

Estimated quantities are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

5.5 CULVERT CLEANING

5.5.1 OUACHITA NATIONAL FOREST

Caddo/Womble Ranger Districts 50 EA $ $ $

Cold Springs District 50 EA $ $ $

Poteau Ranger District 50 EA $ $ $

Jessieville Ranger District 50 EA $ $ $

Winona Ranger District 50 EA $ $ $

Fourche Ranger District 50 EA $ $ $

Mena Ranger District 50 EA $ $ $

Oden Ranger District 50 EA $ $ $

Oklahoma Ranger District 50 EA $ $ $

5.5.2 OZARK-ST. FRANCIS NATIONAL FORESTS

Big Piney Ranger District – Hector Office 50 EA $ $ $

Big Piney Ranger District – Jasper Office 50 EA $ $ $

Boston Mountain Ranger District 50 EA $ $ $

Magazine Ranger District 50 EA $ $ $

Pleasant Hill Ranger District 50 EA $ $ $

St. Francis Ranger District 50 EA $ $ $

Sylamore Ranger District 50 EA $ $ $

Estimated quantities are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

5.6 SECONDARY ROAD MAINTENANCE

5.6.1 OUACHITA NATIONAL FOREST

Caddo/Womble Ranger Districts 20 MI $ $ $

Cold Springs District 20 MI $ $ $

Poteau Ranger District 20 MI $ $ $

Jessieville Ranger District 20 MI $ $ $

Winona Ranger District 20 MI $ $ $

Fourche Ranger District 20 MI $ $ $

Mena Ranger District 20 MI $ $ $

Oden Ranger District 20 MI $ $ $

Oklahoma Ranger District 20 MI $ $ $

5.6.2 OZARK-ST. FRANCIS NATIONAL FORESTS

Big Piney Ranger District – Hector Office 20 MI $ $ $

Big Piney Ranger District – Jasper Office 20 MI $ $ $

Boston Mountain Ranger District 20 MI $ $ $

Magazine Ranger District 20 MI $ $ $

Pleasant Hill Ranger District 20 MI $ $ $

St. Francis Ranger District 20 MI $ $ $

Sylamore Ranger District 20 MI $ $ $

Estimated quantities are not a representation to an offeror that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The contractor shall provide all materials, labor, equipment, tools, transportation, permits, licenses, supervision, expertise, and other incidentals necessary to successfully complete road maintenance services including tasks and subtasks related to road blading, cleaning of culverts and ditches, road brushing, overhead trimming, and aggregate placement on National Forest roads in Arkansas and Oklahoma.

This is a firm fixed-price, performance based, indefinite-delivery indefinite-quantity contract for a basic period of performance of date of award through March 31, 2023, plus two, one-year option periods, which if exercised could extend contract performance through March 31, 2025. Submission of an offer for the basic contract period constitutes an offer to perform in the option period(s), if exercised. There is no guarantee any options will be exercised.

C.2 PROJECT LOCATON

Roads are located within Forest boundaries of the Ouachita National Forest and Ozark-St. Francis National Forest. Specific work locations and maps will be supplied with each task order. Mileage listed on each task order will have been determined by odometer, or geographic information system (GIS).

For purposes of the contract, quantities listed on each task order are considered actual and not an estimate.

C.3 TECHNICAL SPECIFICATIONS

See Section J

C.4 CLAUSES

452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

D-1 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

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

D-2 ORDERING PROCEDURES

Individual task orders will originate at the District level for work to be accomplished over the next calendar year and will be awarded to the contractor selected for that District. Contractor may submit an offer on one District or multiple Districts and should identify this in their price and technical proposals. See Section

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-4 Inspection of Services-Fixed-Price (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 OTHER DELIVERABLES AND PLACE OF PERFORMANCE

In fulfillment of this contract, the Contractor shall be required to provide deliverables at the task order/delivery order level, as specified in the individual task order statement of work. Unless otherwise specified or agreed upon, all deliverables shall be submitted to the COR, identified in each individual task order. The place(s) of performance for services ordered under this contract shall be specified on the individual task order. The Contractor is obligated to provide services at the prices shown on Attachment B at any of the locations within the awarded IDIQ’s servicing area.

F.3 TERM OF THE CONTRACT

This is a request for proposals which will result in award of multiple performance-based requirements contracts for a base period of performance from the date of award through March 31, 2023, plus two (2) one-year option periods. Submission of an offer for the base contract period constitutes an offer to perform in the option period(s), if exercised. The government anticipates making award to multiple offerors as a result of the solicitation. This project is set-aside 100% for small businesses. Award will be made based on the best value to the Government.

The period of this IDIQ contract will be for three (3) years beginning on the date of award, anticipated base year is April 01, 2022 through March 31, 2023. Exact dates for the base period will be provided at time of contract award. There are two option periods:

Year Two: April 01, 2023 through March 31, 2024 Year Three: April 01, 2024 through March 31, 2025

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 5 days after the date of contract award. The conference will be held via Microsoft Teams virtual and on-site if required by the COR.

G.2 INVOICES:

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm.

The successful offeror shall register at https://www.ipp.gov/vendors/enrollment-vendors.htm if they have not already established an account.

G.3 FOREST SERVICE REPRESENTATIVES:

Steven Alves will serve as the Contracting Officer on the awarded contract. He shall have full warrant authority over all contract issues. He can be reached at steven.alves@usda.gov

A Contracting Officer Representative (COR) shall be appointed upon award. This delegation shall also contain his/her contact information.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Site Superintendent General Manager Project Manager Project Safety Manager/Officer Quality Control Manager

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

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

(d) The contractor may have one person perform multiple duties. The person shall be:

� Duly qualified for each position they are designated to occupy. These qualifications/certifications shall be noted on the Section 1.3 Key Personnel Submittal � Project Safety Manager/Officer SHALL NOT be combined with any other key position

H.2 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officers Representative or the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.3 Archaeological or Historic Sites

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.4 Control of Erosion, Sedimentation, and Pollution

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.5 Insurance Coverage

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

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

(b) General Liability. (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 ____*___ per occurrence.

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

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I. 1 CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52).204-1652 Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights.

(JUN 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-7 System for Award Management. (JUL 2013) 52.204-9 (Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. (JAN 2014) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(AUG 2020)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. (NOV 2015) 52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018) Addenda to 52.212-4: Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1

(AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds – Construction. (OCT 2010) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.232-18 Availability of Funds (APR 1984) 52.232-19 Availability of Funds for Next Fiscal Year 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.246-20 Warranty of Services. (MAY 2001) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 52.252-6 Authorized Deviations in Clauses (NOV 2020) 52.253-1 Computer Generated Forms. (JAN 1991) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.236-77 Emergency Response. (NOV 1996)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (NOV 2021)

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (JUN 2020) (41 U.S.C.

4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

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

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

__ (5) [Reserved].

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

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

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (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 (SEP 2021) (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 (SEP 2021) (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 (Nov 2020) (15 U.S.C. 644).

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

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

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

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (SEP 2021) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (15U.S.C. 637(a)(17)).

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

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

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

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

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

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

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

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

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

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

_X_ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

13693).

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

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

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

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

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

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

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

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

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

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

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

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

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

__ (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) 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).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021) .

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

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

3332).

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

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

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

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (NOV 2021) 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.]

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

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

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

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

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

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-

Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

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

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

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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

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

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

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

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

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

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

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is a fixed price, indefinite-delivery indefinite quantity contract for a basic period of performance from date of award, through March 31, 2023, plus two (2), one-year option periods. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period, if exercised.

Period of Performance

Base Period - Date of Award through March 31, 2023 Option Period 1 - January 1, 2023, through March 31, 2024 Option Period 2 -January 1, 2024, through March 31, 2025

FAR 52.216-18 Ordering. (AUG 2020)

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

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

FAR 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $250,000 or;

(2) Any order…