12148418Q0004SnowPlowingWMNF_HeadquartersBld.pdf

Snow and Ice Removal White Mountain National Forest Solicitation Number: 12148418Q0004

Combined Synopsis/Solicitation

Solicitation Number 12148418Q0004 this is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as an RFQ. The documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95.

This procurement is set aside for Small Business 100%. The NAICS code is 561730 and the Small

Business Size Standard is $7.5 mil.

SCHEDULE OF ITEMS:

ITEM#

DESCRIPTION OF

SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Snow and Ice

Management Services

Contract Period:

POP Begin: 12-01-2017

POP End: 05-31-2018

6.00 MO

OPTION

ITEM

Snow Removal from Site and/or push back banks.

PER COR Request

Contract Period:

POP Begin: 12-01-2017

1.00 Job

ITEM

Snow Removal from Site and/or push back banks.

PER COR Request

Contract Period:

POP Begin: 12-01-2017

Estimated Qty.

3.00 Job

ITEM

Spring Clean Up-

Sweeping/ Vacuuming

PER COR Request

Contract Period:

GRAND TOTAL

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

GENERAL REQUIREMENT:

The Contractor shall provide all management, supervision, labor, tools, materials, supplies, and equipment necessary to snow plow, sand, salt, de-ice, shovel, snow blow, sand removal, snow removal and related work in order to prevent slip hazards and to maintain safe passage for vehicles, and safe passage of visitors and employees at the White Mountain National Forest Headquarters. This includes but not limited to crosswalks, walkways, handicapped accessibility areas, parking area, roadway’s including entire road of 71

White Mountain Drive, all approaches, electric vehicle gates and manual pedestrian gates during snow and/or icing events (such as, but not limited to, freezing rain).

PLACE OF PERFORMANCE:

WMNF Headquarters Building

71 White Mountain Dr.

Campton, NH 03223

DESCRIPTION OF SPACE:

Approximately 2 miles of asphalt roadway, 200 parking spaces (including 13,000 sq ft of permeable pavers and 3,500 sq ft of permeable concrete), and 2,500 feet of walkways (including 144 sq ft of a timber bridge deck).

It is recommended that permeable pavers only be plowed with a rubber cutting edge.

VEHICLE ACCESS:

The headquarters site is protected by gates at various locations as shown in Attachment Exhibit A.

Contractor shall open gates for use and close and lock when complete. The contractor shall not park in main entrance area unless approved by COR on a scheduled basis.

SERVICES PERFORMED:

The services shall be performed in a timely fashion such Crosswalks, walkways, handicapped accessibility areas, parking area, roadway’s including entire road of 71 White Mountain Drive, all approaches, electric vehicle gates and manual pedestrian gates are safe for visitor and employee travel.

All specified areas shall be cleared such that no ice, and no more than 1 1/2” of snow accumulates at all times.

No snow may be piled near the fencing, as it may result in damage to perimeter fence and interfere with security line of sight or intersections.

Crosswalks, walkways, handicapped accessibility areas, parking area, roadway’s including entire road of

71 White Mountain Drive, all approaches, electric vehicle gates and manual pedestrian gates are to be shoveled, plowed, snow blowed and sanded/deiced prior to 6:00 am and will be maintained as clear until

6:00 pm Sunday thru Saturday including Federal Holidays. Services shall only be rendered during the months of December, January, February, March, April, and May, unless so ordered by the CO.

See attachment 1 for site map/lot designation.

PLOWING AND SNOW RELATED SPECIFICATIONS:

Snow shall be plowed with steel cutting edge plows on pavement and cement walkways, it is recommended to use rubber cutting edge plows on permeable pavers in such a manner as not to block or obstruct walkways, garage stall/doors, fire hydrants, dumpsters, restrooms, kiosks, fee tubes, trash containers and equipment buildings.

The WMNF Building has operational equipment that must be kept clear of snow, including but not limited to: Electric Vehicle Gates and Manual Pedestrian Gate. Contractor is responsible for plowing through and around this equipment, including any necessary hand shoveling/snow blowing.

The Contractor shall use caution when snow removal is in progress to prevent any damage to the buildings, grounds, vegetation, landscape areas, sidewalks, roads, fire hydrants, shrubs, signs, and other protrusions. The Contractor shall be held liable for any damage incurred to Government property during the performance of work. All locally prescribed safety regulations, laws, and practices shall be carefully observed in performance of the work.

SNOW REMOVAL and SPRING CLEAN UP:

Option Item 1 and 2 per request of COR, remove banks or push back banks and removal of snow and ice that may have unloaded and frozen near all buildings to provide better driver visibility and safety.

Option Item 3 per request of COR, sweep all roadways and walkways of sand and debris with the exception of the permeable pavement which can only be vacuumed when necessary.

DE-ICING SPECIFICATIONS:

The contractor shall use environmentally friendly de-icing products that will not damage concrete or metal and will help protect the environment. This de-icing product shall be used on all roadways, parking lots, concrete entrances, walkways and steps, to prevent ice build-ups. This also applies to all sand/de-icing mixtures. All chemicals used shall comply with Federal specifications, local codes and be approved by the COR prior to the first inclement weather event. Use only products with a chemical composition of inorganic salt, with organic based performance enhancers. No sodium chloride or calcium chloride salt shall be used due to environmental risk. Less disruptive chemicals: magnesium chloride, potassium acetate, and potassium chloride are recommended. The proposed de-icing product shall be submitted to the COR for written approval prior to purchase and use.

PAYMENT:

Payment will be made in 6 separate payments for regular snow and ice removal, one each for the months of December, January, February, March, April, and May. Vendor must submit an invoice for each of the 6 months, after work has been completed for that month.

Payments will be made each month regardless of the amount of work performed: if no snow or ice needs to be removed, the vendor will still be entitled to the full amount of payment; if an excessive amount of snow or ice is removed, the vendor will not be entitled to additional funds. This being a firm-fixed price contract, the monthly amount agreed upon will be the amount paid. The only deviation from this shall be if the CO determines that unsatisfactory performance has occurred under the Quality Assurance plan, detailed later in this SOW.

Option Items are paid each option after exercised by the CO. Vendor must invoice for each option exercised after the work has been completed. The only deviation from this shall be if the CO determines that unsatisfactory performance has occurred under the Quality Assurance plan, detailed later in this SOW.

QUALITY REQUIREMENTS:

The CO shall appoint a COR for coordinating the day-to-day activities of this contract. The COR will also be responsible for inspection and acceptance of the work performed under this contract. When deficiencies are reported to the Contractor, the Contractor shall take immediate steps to correct them. If the Contractor does not take immediate steps to correct deficiencies, the COR shall report the facts of the event to the CO.

The CO reserves the right to take any appropriate action authorized by law to resolve the issue or to terminate the contract for default. Only the CO has the authority to make changes to the specifications, price, terms and conditions of the contract. No service should be performed or action taken by the

Contractor not covered by this SOW directed to do so by the CO through a written modification to the contract.

Quality requirements are outlined in the QASP.

CONTRACTOR’S REQUIREMENTS and RESPONSIBILITIES:

Contractor shall demonstrate their ability to provide Snow and Ice Management Services for federal properties.

The Contractor shall provide to the COR a current list of the names, of all employees who will perform work under this contract. Changes in the employment list shall be provided to the COR prior to the employee performing service at the White Mountain National Forest Headquarters.

The following criteria also applies: Employee Training: To ensure competent and safe performance of the work under this contract; the Contractor shall provide appropriate training to employees prior to the beginning of service under this contract. This includes any OSHA or specific SDS sheet instructions for chemicals, etc. for use in the performance of this contract.

Access Limitation: Only authorized Contractor and contractors employees are allowed on site while working under this contract. Contractor employees are not to be accompanied in the work area by acquaintances, family members, assistants or any other person, unless said person is an authorized

Contractor employee.

The Contractor is responsible for the key or combination to padlock for gate access to the facilities, which will be issued by the Government. The key shall not be duplicated.

The contractor is responsible for opening approved vehicle gates necessary for access and shall ensure gates are closed and locked after use.

The Contractor and his employees shall make every effort to prevent interference with Forest Service employees normal access to the site during normal business ours 6:00 am to 6:00 pm to allow Forest Service employees egress to and from the site.

Due to the nature of the duties under the contract, the Contractor and his employees shall keep themselves and equipment presentable at all times. The Contracting Officer may, in writing, require the Contractor to remove from the work site any employee the Contracting Officer or his representative deems incompetent, careless, discourteous to the public, or is otherwise objectionable.

RESOURCE DAMAGE

Any damage that occurs to government property or land resources during the Contractor’s operations shall be repaired at the Contractor's expense to its original condition. This includes permeable pavers peeled up by steel cutting edge. Onsite inspection will be made by the COR prior to the acceptance of work.

The contractor shall comply with all Federal, State, and local environmental laws, and USDA policies and regulations to include but not limited to Resource Conservation and Recovery Act

(RCRA), Safe Water Drinking Act (SWDA). the Clean Air Act (CAA), and Federal Facilities

Compliance Act (FFCA).

CONTRACTOR’S SUBMITTALS:

MSDS SHEETS – Provide MSDS sheet Schedule – Submit a schedule at least 2 weeks in advance of required work showing dates work will be performed for all materials used on Government

Sites.

DEICER PRODUCT INFORMATION – Manufacture’s or supplier’s information describing the contents and recommended uses for each Deicer product used.

PERSONNEL – Provide and keep current a written list of the names of all contractors’ employees performing duties under this contract.

MISCELLANEOUS REQUIREMENTS:

The Contractor shall perform the following in conjunction with regular contract specifications on a daily basis:

Report fires and hazardous conditions either in person, by phone, or by note, depending on severity.

Turn in items found to the COTR.

Check all gates to be sure they are secure before leaving site during closed hours. Report any unusual traffic in parking lots or roadways to the COTR.

The Contractor shall perform their services to provide for the safety and protection of building personnel and property against injury, loss and/or damage from any preventable cause, including, but not limited to: fire, theft, espionage, and sabotage.

Protect Government property, buildings, against unauthorized access, loss, or damage.

Prepare reports of accidents and fires and submit to the COTR; maintain and make available all records in connection with protection activities.

In the event of emergency or unusual occurrences adversely affecting the interest of the

Government, summon appropriate assistance, such as the fire and/or police department, and immediately thereafter notify the COTR.

Monitor observance of "Rules and Regulations Governing Public Buildings and Grounds," which are posted in the building. Problems in this regard should be reported to the COTR.

QUALITY ASSURANCE SURVEILLANCE PLAN INTRODUCTION:

This Quality Assurance Surveillance Plan (QASP) has been developed to evaluate Contractor actions while implementing this contract. It is designed to provide an effective surveillance method of monitoring

Contractor performance for each listed objective in the contract.

The QASP provides a systematic method to evaluate the services the Contractor is required to furnish.

This QASP is based on the premise that the government desires to maintain a quality standard in operating this contract to provide the optimum service.

The Contractor, and not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance to ensure contract standards are achieved.

In this contract the quality control program is the driver for product quality. The Contractor is required to develop a comprehensive program of inspections and monitoring actions. The first major step to ensuring a "self-correcting" contract is to ensure that the quality control program approved at the beginning of the contract provides the measures needed to lead the Contractor to success.

Once the quality control program is approved, careful application of the process and standards presented in the remainder of this document will ensure a robust quality assurance program.

Basic Services.

Crosswalks, walkways, handicapped accessibility areas, parking area, roadway’s including entire road of

71 White Mountain Drive, all approaches, electric vehicle gates and manual pedestrian gates shall be kept clear of snow and ice and maintained safely for visitor and employee use in accordance with the time requirements listed above. Late and/or non-performance of the services will not be acceptable to the White

Mountain National Forest. Performance threshold:

SURVEILLANCE: The COR will receive complaints from Forest Service personnel and pass them to the

CO for correction, if applicable.

STANDARD: The standard is two or less customer complaints per month in each area. The COR shall notify the CO for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-

Commercial Items or the appropriate Inspection of Services clause, if any of the above service areas exceed two customer complaints.

PROCEDURES: The COR will consider the customer complaint valid upon receipt from the customer. The

Contractor will be given two hours after verbal notification to correct the unacceptable performance A defect will not be recorded if proper and timely correction of the unacceptable condition(s) is accomplished.

If the number of valid complaints not corrected by the Contractor exceed two in a given month, the COR shall inform the CO, who may impose penalties or terminate the contract for convenience or cause, as allowable by law.

Performance Threshold: 100% of the time.

QUALITY ASSURANCE SURVEILLANCE PLAN:

1. PURPOSE

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

What will be monitored.

How monitoring will take place.

Who will conduct the monitoring.

How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

This QASP is a “living document” and the Government may review and revise it on a regular basis.

However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

2. GOVERNMENT ROLES AND RESPONSIBILITIES

The following personnel shall oversee and coordinate surveillance activities.

a. CO - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the Contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Assigned CO: Martina Marschall

Organization or Agency: USDA-FS White Mountain National Forest

b. COR - The COR is responsible for technical administration of the contract and shall assure proper

Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file.

The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

3. CONTRACTOR REPRESENTATIVES

The following employee(s) of the contractor shall serve as the contractor’s program manager for this contract.

a. Program Manager – (to be provided by winning Contractor)

4. PERFORMANCE STANDARDS

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix, paragraph as provided below includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Task Standard

Acceptable

Quality

Level

Method of

Surveillance Incentive

Crosswalks, walkways, handicapped accessibility areas, parking area, roadway’s including entire road of 71 White

Mountain Drive, all approaches, electric vehicle gates and manual pedestrian gates are to be shoveled, plowed, snow blowed and sanded/deiced prior to 6:00 am and will be maintained as clear until 6:00 pm

Sunday thru

Saturday including

Federal Holidays.

Two or less customer complaints for the month.

100%

The COR will receive complaints from

Forest Service staff and pass them to the CO for correction.

Full Payment of

Invoice. Potential

Exercise of Option

Period.

Snow Removal from Site and/or push back banks.

Two or less customer complaints for the job.

100%

The COR will receive complaints from

Forest Service staff and pass

Invoice.

Spring Clean Up-

Sweeping/

Vacuuming

1 or more complaints for the job 100%

The COR will receive complaints from

Forest Service staff and pass

Task Standard

Acceptable

Quality

Level

Method of

Surveillance Incentive

Contractor correct staff identified deficiency(s)

Contractor corrects staff performance deficiency(s) within two (2) hours after verbal notification from

COR.

100%

Forest Service

Employees observes services were unacceptable, incomplete or not performed and notifies COR.

COR notifies contractor.

INCENTIVES

Incentives shall be based on exceeding, meeting, or not meeting performance standards per the chart above.

The Government shall use the “full payment of the monthly invoice” as an incentive. This means that failure to perform to standard may result in less than the agreed upon monthly payment being issued. Incentives shall be based on exceeding, meeting, or not meeting performance standards. Failure to meet the AQL will result in a decrease of a 10% in the invoice payment for the month below the AQL.

METHODS OF QA SURVEILLANCE

Various methods exist to monitor performance. The COR will use the surveillance methods listed below in the administration of this QASP.

a. DIRECT OBSERVATION. COR will review progress of services with Contractor on a snow event and a monthly basis.

b. PERIODIC INSPECTION. COR will review progress of services with Contractor on a snow event and a monthly basis and communicate with COR on a monthly basis.

c. VALIDATED USER/CUSTOMER COMPLAINTS. As described above.

d. RANDOM SAMPLING. N/A

Inspection of the said areas to determine the acceptability of the workmanship will be made by the Government and any deficiencies encountered will be called to the attention of the

Contractor. Correction of all deficiencies will be made prior to re-inspection and acceptance of work by the Government in conformance with the work standards. (FAR clause 52.212-4)

Any Forest Service employee that observes unacceptable service either incomplete or not performed, for any of the above performance objectives should immediately contact the COR and the COR will complete appropriate documentation to record the complaint. The COR will consider the customer complaint valid upon receipt from the customer. The COR should inform the customer of the approximate time the unacceptable performance will be corrected, and advise the customer to contact the COR if not corrected. The COR will consider customer complaints as resolved unless notified otherwise by the customer

RATINGS

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

Rating Description

Green Yes. Performance and technical specifications are being met at an Acceptable

Quality Level (AQL).

Yellow

Yes. Performance and technical specifications are currently being met at the minimum AQL, but the following service/deliverable needs contractor attention:

(The Customer must identify what component of the deliverable and/or service requires attention.)

Red

No. Performance and technical specifications are not being met at AQL and the following service/deliverable needs immediate contractor resolution:

(The Customer must identify what component of the deliverable and/or service that is below the minimum AQL.)

SITE INFORMATION

Building Name: White Mountain Forest Service Headquarters Office Building, and Heated

Warehouse

Location: 71 White Mountain Drive, Campton, NH 03223

Number of Stories two (2) with partial basement

Population: 100-150

Official working hours: 6:00 a.m. to 6:00 p.m. (year round)

Site Statistics – approximate quantity:

71 White Mountain Drive Road . . . .. . . . . . 2 miles of asphalt roadway

Parking Area . . . . . 200 parking spaces includes 13000 sq ft of permeable pavers and 3500 square ft of permeable concrete

Sidewalks (11000 square feet) 2500 feet of walkways (including 144 square ft of a timber bridge deck

SITE INFORMATION

Site Statistics – approximate quantity:

WMAC SNOW REMOVAL AREAS: (Dimensions are Approximate)

ROADWAYS

Name

Length

(ft)

Width

(ft)

Surface Area

(sqft) Surface Type Description

Main Road 2650 24 147800 Asphalt

Beginning at Bog Road, including Turnaround at

MP0.25, passing Visitor and Employee Parking Loops and ending at Warehouse Gate

Visitor Parking Loop 400 24 9600 Asphalt Beginning at Main Road, MP 0.34, Around Visitor

Parking

Employee Parking Drives 1300 18 23400 Asphalt Beginning at Secondary Road, MP 0.00 (Main Road

MP0.53); Three Driving Lanes at Employee Parking

Warehouse Road Loop 1050 24 25200 Asphalt Beginning at Employee Parking Road, MP 0.16 (Gate to Warehouse), Around Warehouses

Warehouse Driveways 350 10 3500 Asphalt Average of Driveways into Warehouse Doors

PARKING

Visitor Parking Spaces 100 10 1000 Permeable Paver 1-Lane of Visitor Parking in Visitor Loop

Visitor Bus Parking 100 10 1000 Asphalt 1-Lane of Bus Parking in Visitor Loop

Employee Parking Spaces 1200 10 12000 Permeable Paver 4-Lanes of Employee Parking in Employee Lot

Employee Parking Spaces 350 10 3500 Permeable Concrete 2-Lanes of Employee Parking in Employee Lot

Green Fleet Spaces 250 10 2500 Asphalt 2-Lanes of Green Fleet Parking Near Warehouses

WALKWAYS

Visitor Parking Sidewalk 300 6 1800 Concrete Sidewalk around Visitor Parking

Visitor Entrance Sidewalk 50 10 500 Concrete Sidewalk off Visitor Parking and into Main Entrance

Employee Parking Sidewalk 750 6 4500 Concrete Around Employee Parking Spaces and Across Berms

North Entrance Path 300 6 1800 Concrete On North Side of Building Across Entrance Stair from

Employee Parking to East Entrance Path

North Entrance Stairs 50 10 500 Concrete Approx. Staircase Dimensions on N Side of Building (8 stair treads)

West Employee Entrance 100 6 600 Concrete From Employee Parking Into West Employee Entrance

East Employee Entrance 300 6 1800 Concrete From N Entrance Path, into East Employee Entrance

(basement)

East Employee Entrance 300 6 1800 Grass Pavers Adjacent to East Entrance Path, Leading to

Warehouse Access Road

Visitor Path 350 6 2100 Concrete From SW of Main Entrance, To Timber Bridge

Timber Bridge 24 6 144 Timber From Visitor Path, Across Stream

Boiler Building Path 50 6 300 Concrete From Timber Bridge, Along NW Side of Boiler Building to Warehouse Access Road

Building Statistics are approximate.

GOVERNMENT-FURNISHED PROPERTY AND SERVICES

COMBINATION OR KEY WILL BE PROVIDED TO OPEN DRIVE WAY AND WALKWAY GATES

Vicinty Map

The White Mountain National Forest Headquarters is located off Interstate Highway 93, Exit 27, Campton, Grafton County, New Hampshire.

Site White Mountain Administrative Complex Site Road Map

Delivery Details/Period of Performance:

The following Federal Acquisition Regulation (FAR) clauses and provisions, the Department of

Agriculture Acquisition Regulation (AGAR) clauses and provisions, and supplemental terms and conditions apply to this solicitation and are incorporated by reference (IBR) or by full text into the solicitation and final awarded contract. Items IBR can be viewed in full text at http://www.acquisition.gov/far/

COMMERCIAL FAR CLAUSES AND PROVISIONS:

52.212-1 Instructions to Offerors – Commercial Items (JAN 2017)

52.212-2 Evaluation – Commercial Items (OCT 2014) (FAR Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price

Technical Ability

Past Performance

Available Equipment

Technical and past performance, when combined, are equally important as price. Broad discretion is provided to the quoter to present the best evidence of their qualities regarding these evaluation factors, and all evidence submitted will be fairly considered by the selecting authority. No level of qualifications will be assumed of any quoter by the selecting authority. In addition to submitting pricing information, past work references, customer satisfaction ratings, detailed plans for performance of work, evidence of industry certification and training, and other relevant information will strengthen the quote.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 Offeror Representations and Certifications – Commercial Items (DEC 2016) http://www.acquisition.gov/far/

52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (Deviation 2017-1) (AUG 2017)

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

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

(4) 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.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights and

Requirement To Inform Employees of Whistleblower Rights (April 2014) (41 U .S.C. 4712) relating to whistleblower protections).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 http://uscode.house.gov/

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 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).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

__ (11) [Reserved].

__ (12)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (13)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (14) [Reserved]

_X_ (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (17) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (18)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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.

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058

__ (iv) Alternate III Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (19) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (20) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 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 (Dec 2015) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (29) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__ (30) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (32) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_X_ (34)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

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__ (35) 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.)

__ (36) 52.222-59, Compliance with Labor Laws (Executive Order 13673)(Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

__ (37) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)

__ (38)(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.)

__(39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) (E.O. 13693)

__ (41)(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.

__ (42)(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.

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (44)(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.

https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1156645 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2022_18.html#wp1089948 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168933 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168933 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194330 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194330 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194323 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1179078 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1179078

_X_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011) (E.O. 13513).

__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693)

__ (47) 52.223-21, Foams (JUN 2016) (E.O. 13693)

__ (48)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

__ (49) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (50)(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.

__ (51) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (52) 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).

__ (53) 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).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (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 (Jul

2013) (31 U.S.C. 3332).

https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188603 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169608 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192524 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+1445+65++%2810%20U.S.C.%202302%20Note%29%20%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+1445+65++%2810%20U.S.C.%202302%20Note%29%20%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173773 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173393 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153230 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153252 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

__ (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)(12)).

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

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

(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 (May 2014) (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).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor…