12305B21R0007 Amendment.pdf

SOLICITATION 12305B21R0007 Areawide IDIQ for AE Services

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B - SECTION B - Supplies or Services and Prices/Costs Clauses C - SECTION C - Description/Specifications/Statement of Work Clauses D - SECTION D - Packaging and Marking Clauses E - SECTION E - Inspection and Acceptance Clauses F - SECTION F - Deliveries or Performance Clauses G - SECTION G - Contract Administration Data Clauses H - SECTION H - Special Contract Requirements Clauses Part II—Contract Clauses I - SECTION I - Contract Clauses/Provisions Clauses/Provisions Part III—List of Documents, Exhibits, and Other Attachments J - SECTION J - List of Documents, Exhibits, and Other Attachments Part IV—Representations and Instructions K - SECTION K - Representations, Certifications, and Other Statements of Offerors Provisions L - SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents Provisions M - SECTION M - Evaluation Factors for Award

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B - SECTION B - Supplies or Services and Prices/Costs Clauses

B.1 SCOPE OF CONTRACT

The U. S. Department of Agriculture (USDA), Agricultural Research Service (ARS) Northeast Area has a requirement for an Indefinite Delivery Indefinite Quantity Contract (IDIQ) for Engineering Design and Construction Management/Administration Services for repair and maintenance, alteration, and/or new Modernization construction projects; including Design-Bid-Build (DBB), Design-Build (DB), and Construction Manager as Constructor (CMC) for its research laboratory facilities located throughout the Northeast Area, which includes the states of Maine, Vermont, Massachusetts, New Hampshire, New York, Connecticut, Rhode Island, Pennsylvania, New Jersey, Delaware, Maryland, Virginia, and West Virginia. Specific requirements will be incorporated into individual task orders. This requirement is a total small business set aside.

Services under the contract will include, but are not limited to, energy-related studies, environmental site assessments and studies, building and/or site investigations/studies, feasibility and conceptual studies, geotechnical investigations, radon testing, bio-containment, asbestos and other hazardous materials abatement, life cycle cost analyses, engineering design criteria development, statements of work/program of requirements development, design analyses, designs, construction drawings, specifications (including specifications for design-build), detailed cost estimates and analyses, bidding phase services, construction management/administration (including on-site construction management/administration, bid evaluations, shop drawings and submittals review and approval), construction inspection and/or monitoring, design review, technical consultation, field surveys, engineering reports, and computer-aided drafting.

B.2 MINIMUM GUARANTEE

The Government will obligate the minimum guarantee of $1,000 with the first task order issued under this contract, as the minimum for the entire contract period, including all option periods, if exercised. Minimum and Maximum ordering limits shall be in accordance with FAR 52.216-19, Order Limitations.

B.3 PRICE SCHEDULE

If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce.

For other specialized disciplines not listed below, rates and qualifications must be submitted and approved by the Government to be negotiated with each task order.

Note: The Governments need for specialized disciplines are anticipated to be relatively minor in size.

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B.3.1 Initial Period of Performance – 07/05/2021 to 07/04/2022

FIRM

LABOR DISCIPLINES

FULLY

BURDENE

D RATE

Project Principal Project Manager Construction Manager Construction Inspector Specification Writer Clerical LEED Architect Senior Architect

Architect

Jr. Architect Architectural Designer Architectural CADD LEED Mechanical Engineer Sr. Mechanical Engineer Mechanical Engineer Jr. Mechanical Engineer Mechanical Designer

Mechanical CADD Operator

LEED Electrical Engineer

Sr. Electrical Engineer

Electrical Engineer

Jr. Electrical Engineer

Electrical Designer Electrical CADD Operator LEED Civil Engineer Sr. Civil Engineer Civil Engineer Jr. Civil Engineer Civil Designer Civil CADD Operator

FIRM LABOR

DISCIPLINES

FULLY

BURDENE

D RATE

LEED Structural Sr. Structural Structural Engineer Jr. Structural Structural Designer Structural CADD Plumbing Engineer Commissioning Engineer

Fire Protection Engineer

Fire/Safety Engineer Value Engineer Sr. Estimator Estimator Sr. Scheduler Scheduler Land Surveyor Landscape Architect Bio-Containment

Specialist

Certified Industrial Hygienist

Industrial Hygienist Industrial Ventilation

Telecommunication & Data

(RCDD)

Interior Designer Interior Assistant Lab Planner

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B.3.2 First Option Period of Performance – 07/05/2022 to 07/04/2023

BURDENE

D RATE

Project Principal Project Manager Construction Manager Construction Inspector Specification Writer Clerical

Architectural CADD LEED Mechanical Engineer Sr. Mechanical Engineer Mechanical Engineer

LEED Civil Engineer Sr. Civil Engineer Civil Engineer Jr. Civil Engineer

FULLY

BURDENE

D RATE

LEED Structural Sr. Structural Structural Engineer Jr. Structural Structural Designer Structural CADD Plumbing Engineer Commissioning Engineer

Sr. Estimator Estimator Sr. Scheduler Scheduler Land Surveyor Landscape Architect

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B.3.3 Second Option Period of Performance – 07/05/2023 to 07/04/2024

BURDENE

D RATE

Project Principal Project Manager Construction Manager Construction Inspector Specification Writer Clerical

Architectural CADD LEED Mechanical Engineer Sr. Mechanical Engineer Mechanical Engineer

LEED Civil Engineer Sr. Civil Engineer Civil Engineer Jr. Civil Engineer

FULLY

BURDENE

D RATE

LEED Structural Sr. Structural Structural Engineer Jr. Structural Structural Designer Structural CADD Plumbing Engineer Commissioning Engineer

Sr. Estimator Estimator Sr. Scheduler Scheduler Land Surveyor Landscape Architect

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B.3.4 Third Option Period of Performance – 07/05/2024 to 07/04/2025

BURDENE

D RATE

Project Principal Project Manager Construction Manager Construction Inspector Specification Writer Clerical

Architectural CADD LEED Mechanical Engineer Sr. Mechanical Engineer Mechanical Engineer

LEED Civil Engineer Sr. Civil Engineer Civil Engineer Jr. Civil Engineer

FULLY

BURDENE

D RATE

LEED Structural Sr. Structural Structural Engineer Jr. Structural Structural Designer Structural CADD Plumbing Engineer Commissioning Engineer

Sr. Estimator Estimator Sr. Scheduler Scheduler Land Surveyor Landscape Architect

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B.3.5 Fourth Option Period of Performance – 07/05/2025 to 07/04/2026

BURDENE

D RATE

Project Principal Project Manager Construction Manager Construction Inspector Specification Writer Clerical

Architectural CADD LEED Mechanical Engineer Sr. Mechanical Engineer Mechanical Engineer

LEED Civil Engineer Sr. Civil Engineer Civil Engineer Jr. Civil Engineer

FULLY

BURDENE

D RATE

LEED Structural Sr. Structural Structural Engineer Jr. Structural Structural Designer Structural CADD Plumbing Engineer Commissioning Engineer

Sr. Estimator Estimator Sr. Scheduler Scheduler Land Surveyor Landscape Architect

SOLICITATION 12305B21R0007

Areawide IDIQ for AE Services, Northeast

C - SECTION C - Description/Specifications/Statement of Work

C.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 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.

(End of Clause)

AGAR 452.211-73 Attachments to Statements 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.

End of this section

Areawide IDIQ for AE Services Northeast Area

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D - SECTION D - Packaging and Marking

D.1 SPECIFICATIONS

Specifications shall be prepared as specified in Section J, Attachment 1, Statement of Work, Architectural- Engineering Services, Version 2.9 (May 2008).

D.2 DRAWINGS

Drawings shall be prepared as defined in Section J, Attachment 1, Statement of Work, Architectural- Engineering Services, Version 2.9 (May 2008).

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E - SECTION E - Inspection and Acceptance

E.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: individually, per each task order.

(End of clause)

E.2 FINAL INSPECTION

Each deliverable shall be reviewed by the Government to ensure compliance with the project requirements. The Government may include, as part of its review, the services of another A-E firm to perform design review services and/or value engineering.

Acceptability of deliverables shall be based on the Government’s satisfaction that the Project Requirements specified in the task orders have been fulfilled in accordance with the terms and conditions of the basic contract and subsequent task order.

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F - SECTION F - Deliveries or Performance

F.1 EFFECTIVE PERIOD OF THE CONTRACT

The effective period of this contract is as follows:

Period Start Date End Date Base Period July 05, 2021 July 04, 2022 First Option July 05, 2022 July 04, 2023 Second Option July 05, 2023 July 04, 2024 Third Option July 05, 2024 July 04, 2025 Fourth Option July 05, 2025 July 04, 2026

F.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

FAR 52.242-14 -- Suspension of Work (Apr 1984)

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G - SECTION G - Contract Administration Data

G.1 CONTRACT ADMINISTRATION DEFINITIONS

The contract (and task orders) will be formally administered through the structure explained below. The delegation of authorities and responsibilities will be in accordance with ARS directives on acquisition responsibilities and authorities as outlined below.

Contracting Officer (CO): The CO is the legal Government representative to the Contractors. He/she is authorized to enter, administer, and terminate contracts on behalf of the Government. The CO is the only member of the Project Team with the authority to obligate Government funds or change the contract. The CO is responsible for ensuring that the contract performance complies with all contractual provisions, including, but not limited to, scope, budget, and schedule. The CO is responsible for ensuring adequate contract performance and contract management, overseeing and conducting negotiations, and other actions necessary to protect the Government’s interest.

Contracting Officer’s Representative (COR): The assignment as COR is made at the beginning of the project by an official designation letter from the CO outlining the responsibilities, authority, and limitations.

The COR is responsible for interpreting technical date in the A-E, and construction contracts. The COR is responsible for the review of progress and pay requests for these contracts and making acceptance/rejection recommendations to the CO. The COR may approve minor changes to the project that do not affect the program requirements, price, scope, and performance time of the contracts.

Engineering Project Manager (EPM): Identified with each task order as the principal technical authority.

The EPM will serve as the lead point of contact and shall disseminate information to the appropriate Project Team members for their action and involvement, and also to the contractors for day-to-day business, working within the terms of the contract. It is the responsibility of the EPM to see that all Project Team members are kept advised of the actions, plans, and progress of the projects.

Research Program Representative (RPR): The RPR serves as a resource to the Project Team, and is expected to notify the CO, the EPM, and the COR if he/she becomes aware of unusual or important circumstances pertinent to the construction project. The RRP has no responsibility for construction inspection or supervision.

Location Monitor (LM): The LM is an ARS representative at the construction site and is formally designated by the CO. The LM serves as a point of contact for the A-E, to provide information regarding location rules and regulations.

Facility Engineer (FE): The FE will provide assistance to the Project Team and is invited to participate in progress meetings, equipment testing, and final inspections. The FE may serve as the COR on some projects.

G.2 ARCHITECT-ENGINEER SELECTION UNDER INDEFINITE QUANTITY

CONTRACTS

The following procedures shall apply only when multiple IQC awards have been made per Area.

In accordance with the Acquisition and Property Division (APD), Acquisition Alert 2016-01, placement of all task orders must be consistent with FAR 36.6, meaning that that Contracting Officer must:

1. Evaluate the entire pool of IQC awardees in accordance with Selection Criteria identified in FAR 36.602-1(a)(1)-(6).

2. Utilize an Evaluation Board and Functions in accordance with FAR 36.602-1 and 36.602-2.

3. Hold discussions after the evaluation with at least three (3) of the most highly rated firms.

4. Evaluation Board prepares a recommendation report for the Source Selection Authority (SSA).

5. SSA makes final selection decision.

6. CO conducts negotiations with selected firm in accordance with FAR Part 15.

Source Selection Authority FAR 36.602-4 states the selection authority will review the evaluation board recommendation and, with technical advice, make the final selection decision (listing of all firms in order of precedence).

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G.3 PAYMENTS UNDER INDEFINITE QUANTITYARCHITECT-ENGINEER CONTRACTS

1. Payment terms will be negotiated with the contractor for each task order.

2. As agreed upon by the contractor and the Government, payments shall be made in accordance with one of the following methods:

• Clause FAR 52.232-10 entitled, “Payments Under Fixed-Price

Architect- Engineer Contracts,” or

• Payment submittal schedule where the contractor is authorized to request payment for the amount indicated in the task order “Price Schedule” upon completion and acceptance of each design submittal. The payment submittal schedule applies only to pre-design and design services. Any other services shall be paid in accordance with FAR Clause 52.232-10.

3. Prior to final payment under the Task Order, or prior to settlement upon termination of the Task Order, and as a condition precedent thereto, the A-E shall execute and deliver to the Contracting Officer, a release of all claims against the Government arising under or by virtue of the task order other than such claims as the Contractor may exempt. The final payment request shall be accompanied by the Final Release Form which shall contain the Contractor’s Corporate Seal. A corporate officer shall sign the release and be certified by a corporate secretary. The Contractor shall describe and state the amount of each excepted claim.

Release of claims - Before final payment, the contractor must release the Government from claims. This release states:

“For and in consideration of the receipt of final payment in the amount of $ under and pursuant to Contract No. , the undersigned hereby releases the Government from any and all obligations whatsoever arising under said Contract.

Signature Date “

G.4 CONTRACTOR PERFORMANCE INFORMATION AND CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (CPARS)(PA 96 SEP 21, 2010) FAR 42.1502 (or FAR 36.201 for Construction or FAR 36.604 for Architect-Engineering)

(a) General. Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance evaluations are required for contracts and orders as specified in paragraphs (b) through (e) of this section, including contracts and orders performed outside the United States. These evaluations are generally for the entity, division, or unit that performed the contract or order. Past performance information shall be entered into CPARS, the Government wide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/

(b) The Government will register each contractor in the CPARS system at time of award. This registration will require that contractors provide the Contracting Officer the name of the company’s primary contact, Contractor Representative (CR), and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify a secondary contact who will be responsible for notifying the Contracting Officer in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. Once the contractor is registered and a performance evaluation has been prepared and is ready for comment, the CPARS system will send an email to the CR notifying that individual that a performance evaluation is electronically available for review and comment.

(c) Contractors will access evaluations through a secure Website for review and comment at the following site: http://www.cpars.gov.

(d) Interim and final evaluations will be available to the contractor in the CPARS system and notification from the CPARS system will be sent to the contractor. The final performance evaluation will be entered in the CPARS system at the time of completion of the contract. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision is final.

(e) Past performance evaluations shall be prepared for each architect-engineer services contract of $35,000 or more, and for each architect-engineer services contract that is terminated for default regardless of contract value. Past performance evaluations may also be prepared for architect-engineer services contracts below $35,000.

http://www.cpars.gov/ http://www.cpars.gov/

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G.5 6% FEE LIMITATION

For architect-engineer services for public works or utilities, the contract price or the estimated cost and fee for production and delivery of designs, plans, drawings, and specifications shall not exceed 6 percent of the estimated cost of construction of the public work or utility, excluding fees.

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H - SECTION H - Special Contract Requirements

H.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB 1988)

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.

452.236-80 FIRMS INELIGIBLE FOR AWARD--CONSTRUCTION (NOV 1996)

The firm(s) and its subsidiaries or affiliates signatory to this contract shall be ineligible for award of any construction contract resulting from the design work performed under this contract.

AGAR 452.237-74 -- KEY PERSONNEL (FEB 1988)

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

Title(s): Name(s):

Project Executive/Principal (Signatory Authority):

Project Manager:

Senior Architect:

Senior Structural Engineer:

Senior Civil Engineer:

Senior Mechanical Engineer:

Senior Electrical Engineer:

(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-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 person(s) 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.

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To demonstrate a firm’s comprehensive Scope of Services the proposal should also identify key personnel, either in house staff or professional association, with any of the following professional disciplines:

Landscape Architect:

Land Surveyor:

Industrial Ventilation Specialist:

Industrial Health Specialist:

Industrial Hygienist:

Biocontainment Specialist:

Environmental Specialist:

Greenhouse Specialist:

Agricultural Engineer:

Telecommunications & Data Specialist:

Interior Designer:

Fire Protection Consultant:

Security Specialist:

Lab Specialist:

Construction Manager:

Construction Inspector:

Commissioning Engineer:

Building Envelope Consultant:

Estimator:

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H.2 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS TASK ORDER KEY PERSONNEL

• During negotiations of each task order, key personnel shall be identified by the contractor. No substitutions shall be made without the written approval of the Contracting Officer.

• The contractor shall submit resumes for the proposed substitutes in advance of the occurrence, where possible, or no later than 15 calendar days after the substitutions. Additional information applicable thereto shall be included in the submission to the Contracting Officer. Proposed substitutes shall have comparable qualifications to those persons being replaced.

• The Contracting Officer will provide written notification to the contractor within 15 calendar days after receipt of all required data of the decision on the substitutions.

SUBCONTRACTOR KEY PERSONNEL

During negotiations of each task order, subcontractor key personnel shall be identified by the contractor. The contractor shall provide written notification to the Contracting Officer of substitutions in advance of the occurrence, where possible, or no later than 15 calendar days after the substitutions.

H.3 BIOBASED PRODUCTS

The United States Department of Agriculture (USDA) designates certain bio-based products for federal procurement and specifies minimum bio-based content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA Bio-Preferred’s minimum bio-based content level. Visit the BioPreferred web site https://biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml for the complete list of designated products and the associated minimum bio-based content level requirements.

H.4 ENERGY EFFICIENCY

As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the contractor shall only provide products that earn the ENERGY STAR label and meet ENERGY STAR specifications for energy efficiency. The contractor is encouraged to visit http://www.energystar.gov for complete product specifications and updated lists of qualifying products.”

http://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml https://biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194323 http://www.energystar.gov/

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Part II—Contract Clauses I - SECTION I - Contract Clauses/Provisions

Clauses/Provisions

I.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

FAR 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause-- “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

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

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FAR 52.204-25Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited

Page | 24 from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

FAR 52.216-18 ORDERING (OCT 1995)

(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 April 01, 2021 through March 31, 2026.

(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) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

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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 one thousand dollars ($1,000.00), 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 $8,500,000;

(2) Any order for a combination of items in excess of $45,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 -- Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of the work/option issued during the effective period of this contract for negotiated options not exercised by the Government within 30 days of the previously completed and accepted work/option https://www.acquisition.gov/sites/default/files/current/far/html/52_216.html#wp1115057

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FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty

(30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) Years.

FAR 52.219-13 -- Notice of Set-Aside of Orders (Nov 2011) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

FAR 52.222-35 -- Equal Opportunity for Veterans (Jun 2020)

(a) Definitions. As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

FAR 52.222-36 – Equal Opportunity for Workers With Disabilities (Jun 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause) https://www.acquisition.gov/far/part-22#FAR_22_1301 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/far/part-22#FAR_22_1408

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FAR 52.223-9 -- Estimate of Percentage of Recovered Material Content For EPA Designated Items (May 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to TBD.

(End of clause) Alternate I (May 2008). As prescribed in 23.406(d), redesignate paragraph (b) of the basic clause as paragraph

(c) and add the following paragraph (b) to the basic clause:

(b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):

Certification I, (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

[Signature of the Officer or Employee]

[Typed Name of the Officer or Employee]

[Title]

[Name of Company, Firm, or Organization]

[Date] (End of certification)

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AGAR 423.202 Policy (Apr 2005) Information on Energy Star, energy efficient, water efficient, and low standby products covered by this policy is available via the Internet at http://www.eere.energy.gov/femp/technologies/eeproducts.cfm.

AGAR 423.403 Policy (Apr 2005) It is the policy of USDA to acquire and use Environmental Protection Agency (EPA) designated recycled content products.

AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $1,000, but not in excess of $4,000,000 per order period, nor in excess of $20,000,000 for the contract.

AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means -- (1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C.

552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

http://www.eere.energy.gov/femp/technologies/eeproducts.cfm

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(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

AGAR 452.228-71 -- INSURANCE COVERAGE - ALT 1 (NOV 1996)

Purs…