123604-18-R-0001_Solicitation_AMEND000001.pdf

mtevans@fs.fed.us

PO NO: 123604-18-R-0001

UNIT: NA, Grey Towers, Milford, PA PROJ NAME: Snow & Ice Removal Services

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 Description of Requirement

B.2 QUOTED PRICE (BASE PERIOD)

B.2 QUOTED PRICE (OPTION PERIOD 1)

B.2 QUOTED PRICE (OPTION PERIOD 2)

B.2 QUOTED PRICE (OPTION PERIOD 3)

B.2 QUOTED PRICE (OPTION PERIOD 4)

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

1. SCOPE OF WORK

2. GENERAL CONDITIONS

3. REMOVAL ZONES

4. SNOW REMOVAL

5. ICE REMOVAL

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-1 Contractor Inspection Requirements. (APR 1984) E.2 FAR 52.246-4 Inspection of Services - Fixed-Price (AUG 1996) E.3 AGAR 452.246-70 Inspection and Acceptance (FEB 1988)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.242-15 Stop-Work Order (AUG 1989) F.2 FAR 52.242-17 Government Delay of Work (APR 1984) F.3 AGAR 452.211-74 Period of Performance (FEB 1988)

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996)

G.2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

G.3 PROJECT MANAGER

G.4 NOTIFICATION OF SUBCONTRACTING

G.5 INVOICE REQUIREMENTS

G.6 GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT

SECTION H--SPECIAL CONTRACT REQUIREMENTS

SUSTAINABLE ACQUISTION MATERIALS

FAR REPORTING CATEGORIES & USDA DESIGNATED BIOBASED PRODUCTS

PROVISIONS INCORPORATED BY REFERENCE

CLAUSE INCORPORATED BY FULL TEXT

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

CLAUSES INCORPORATED BY FULL TEXT

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

SECTION J--LIST OF ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

Provisions Incorporated by Reference

Provisions Incorporated by Full Text

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

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

PROVISIONS INCORPORATED BY FULL TEXT

SECTION M--EVALUATION FACTORS FOR AWARD

Provisions Incorporated By Full Text

M.1 EVALUATION FACTORS & BASIS FOR AWARD

ATTACHMENT A – SAM INFORMATION

ATTACHMENT B – EXPERIENCE QUESTIONNAIRE

ATTACHMENT B – EXPERIENCE QUESTIONNAIRE

ATTACHMENT C – WAGE DETERMINATION 15-4213 (REV. – 4)

ATTACHMENT D – SITE MAP

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 Description of Requirement Location: USDA Forest Service, Grey Towers National Historic Site, 151 Grey Towers Drive Milford, PA 18337

The contractor shall furnish all labor, equipment and supplies necessary to provide snow removal/ice control services at the Grey Towers National Historic Site as described in Section C.

The Period of Performance will include a Base Period (from approximately November 1, 2017 to March 31, 2018) with four (4) five (5) month option periods (November 1, 2018 to March 31, 2019; November 1, 2019 to March 31, 2020; November 1, 2020 to March 31, 2021; and November 1, 2021 to March 31, 2022), if exercised.

***Offerors Please Note***

A. Work will be performed, and invoiced on a monthly basis in arrears. The awarded contract value will be expressed as an amount not to be exceeded.

B. One firm-fixed price, multiple year contract will be awarded to the lowest responsive and responsible offeror, based on total quoted price.

C. All prospective offerors are encouraged to inspect the site prior to submitting an offer to assess the condition of the site and the scope of work proposed. Failure to do so does not relieve the offeror from accurately determining the scope of work required. A Site Visit is scheduled for Wednesday October 11, 2017 at 10:00 AM. You must confirm your attendance by contacting Elizabeth Hawke at 570-296-6061 EXT 162 or ehawke@fs.fed.us.

D. A post award pre-work meeting will be scheduled with the successful offeror/contractor to familiarize work crews with the Grey Towers site. This meeting must take place within ten days of contract award.

E. This requirement is a total small business set aside. The NAICS Code for this acquisition is 561790, with a small business size standard of $7.5 Million.

F. Contractors are required to be registered in the System for Award Management (SAM) per

FAR 52.204-7, System for Award Management – See Attachment A.

G. PROPOSALS DUE: October 25, 2017 @ 11:00 AM Eastern Time. Proposals shall be e-mailed to Maria Evans at mtevans@fs.fed.us mailto:ehawke@fs.fed.us mailto:mtevans@fs.fed.us

B.2 QUOTED PRICE (BASE PERIOD)

Please quote a monthly price to cover all services required per the Scope of Work

ITEM NO.

BASE PERIOD

(2017-2018)

SCHEDULE OF SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

NOVEMBER

001A Walkways/Handwork 1 MO 001B Roads 1 MO

SUBTOTAL

DECEMBER

002A Walkways/Handwork 1 MO 002B Roads 1 MO

SUBTOTAL

JANUARY*

003A Walkways/Handwork 1 MO 003B Roads 1 MO

SUBTOTAL

FEBRUARY*

004A Walkways/Handwork 1 MO 004B Roads 1 MO

SUBTOTAL

MARCH*

005A Walkways/Handwork 1 MO 005B Roads 1 MO

SUBTOTAL

TOTAL

(Line Items

001A-005B)

* NOTE: Visitor Lot Emergency Drive Clearing Only

Contractor Name: _____________________________

Signature: ____________________________________

B.2 QUOTED PRICE (OPTION PERIOD 1)

OPTION PERIOD 1

(2018-2019)

006A Walkways/Handwork 1 MO 006B Roads 1 MO

SUBTOTAL

DECEMBER

007A Walkways/Handwork 1 MO 007B Roads 1 MO

SUBTOTAL

JANUARY*

008A Walkways/Handwork 1 MO 008B Roads 1 MO

SUBTOTAL

FEBRUARY*

009A Walkways/Handwork 1 MO 009B Roads 1 MO

SUBTOTAL

MARCH*

010A Walkways/Handwork 1 MO 010B Roads 1 MO

006A-010B)

B.2 QUOTED PRICE (OPTION PERIOD 2)

OPTION PERIOD 2

(2019-2020)

011A Walkways/Handwork 1 MO 011B Roads 1 MO

SUBTOTAL

DECEMBER

012A Walkways/Handwork 1 MO 012B Roads 1 MO

SUBTOTAL

JANUARY*

013A Walkways/Handwork 1 MO 013B Roads 1 MO

SUBTOTAL

FEBRUARY*

014A Walkways/Handwork 1 MO 014B Roads 1 MO

SUBTOTAL

MARCH*

015A Walkways/Handwork 1 MO 015B Roads 1 MO

011A-015B)

B.2 QUOTED PRICE (OPTION PERIOD 3)

OPTION PERIOD 3

(2020-2021)

016A Walkways/Handwork 1 MO 016B Roads 1 MO

SUBTOTAL

DECEMBER

017A Walkways/Handwork 1 MO 017B Roads 1 MO

SUBTOTAL

JANUARY*

018A Walkways/Handwork 1 MO 018B Roads 1 MO

SUBTOTAL

FEBRUARY*

019A Walkways/Handwork 1 MO 019B Roads 1 MO

SUBTOTAL

MARCH*

020A Walkways/Handwork 1 MO 020B Roads 1 MO

016A-020B)

B.2 QUOTED PRICE (OPTION PERIOD 4)

OPTION PERIOD 4

(2021-2022)

021A Walkways/Handwork 1 MO 021B Roads 1 MO

SUBTOTAL

DECEMBER

022A Walkways/Handwork 1 MO 022B Roads 1 MO

SUBTOTAL

JANUARY*

023A Walkways/Handwork 1 MO 023B Roads 1 MO

SUBTOTAL

FEBRUARY*

024A Walkways/Handwork 1 MO 024B Roads 1 MO

SUBTOTAL

MARCH*

025A Walkways/Handwork 1 MO 025B Roads 1 MO

021A-025B)

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

1. SCOPE OF WORK

1.1. Scope: The Contractor shall furnish all labor, transportation, materials, equipment tools, safety equipment, supervision and management necessary to perform snow and ice removal operations at Grey Towers National Historic Site in Milford, PA.

1.2. Intent: It is the intent of the government to have Grey Towers open for business from 7am Monday – Friday. Also, to keep the site open throughout the business day & special events/conferences in the evenings and on weekends. This contract is to provide 24 hour coverage.

2. GENERAL CONDITIONS

2. GENERAL CONDITIONS

2.1. Services under this Contract are effective between November 1, 2017, and March 31, 2018. Option years are not guaranteed work, and at the discretion of the Government to select option years.

2.2. Contractor is responsible for all property damage that occurs in the course of executing any task. Damage shall be restored to equal or better at the contractor’s expense. These incidental damages from plowing or de-icing materials include, but not limited, to buildings, vegetation, landscaped areas, landscape lighting, parking curbs, paver/bricks, hardscapes, asphalt surfaces, concrete, asphalt edging, signs and other existing features.

2.2.1. The Contractor is responsible for any damage to obstacles that protrude from the surface of the surrounding landscape. This includes utilities such as water shut offs, electrical boxes, fire hydrants and any other obstacles.

2.2.2. All locally prescribed safety regulations, laws, and practices shall be carefully observed in performance of the work.

2.3. Contractor may install marker stakes along Grey Towers drives and parking lots to help protect the lawn and other property from plow damage and to prevent damage to plow equipment. Government agrees not to remove these stakes. Contractor will return first week of April to collect stakes.

2.4. Contractor will reserve a time slot for Grey Towers sufficient to perform the requirements of this statement of work.

2.5. Contractor shall provide a cell phone number for their primary contact person and secondary contact person assigned to the Grey Towers contract. Grey Towers will provide a contact phone number for their primary contact person and secondary contact person with the authority to authorize work.

2.6. There is small equipment storage available. No truck storage or large equipment can be stored on Grey

Towers Property.

3. REMOVAL ZONES

3. REMOVAL ZONES

3.1. Removal areas are listed as walkways/ stairs or driveways/ parking lots (refer to attached sketches)

3.2. The Visitor Parking Lot area will receive full clearing of walk, stairs & road for November and December only. January through March the Visitor Parking Lot only receives snow removal services to clear an emergency access path through the parking lot.. (Please refer to attached sketch and bid items.)

4. SNOW REMOVAL

4.1. Snow clearing operations shall commence when more than one (1) inch of snow accumulates on the Grey Towers site as determined by the Contractor.

4.2. The government will attempt to keep plowing areas clear of vehicles, debris, and various other items to ensure a thorough plowing. Contractor shall stay a minimum of (1) one foot away from garage doors and all vehicles parked in the plowing area. If a vehicle is blocking the area to be plowed, the Contractor will plow around the vehicle.

4.3. Polyethylene cutting edges are to be on all equipment being used for snow removal, including plows and snow blowers. No metal edged hand snow shovels.

4.4. Each snow removal event must cover the ENTIRE width of pavement and walkway.

4.5. Snow must be pushed off the roads, drives, parking areas, walkways without blocking traffic, parking spaces and pedestrian thoroughfares or impeding the visibility of vehicular operators, pedestrians or agency operations.

4.6. Blowing and drifting snow from large building roofs will also require additional snow removal services.

4.7. Removal of large piles of snow, from previous storms, will be moved by contractor to specified location on Grey Towers site by the COR.

5. ICE REMOVAL

5.1. Salting/ Calcium Chloride operations shall commence when ice/light snow (dusting less than one (1) inch accumulates.) or as it relates to snow clearing , determined by the Contractor

5.1.1 Please refer to sketches as the pervious pavement at the Visitor Parking Lot does not allow sand or grit to be used on the parking pods, stairs or walkways

5.2. Contractor shall apply anti-icing chemicals, as specified in this contract, to maintain passage conditions for vehicular & pedestrian traffic at Grey Towers.

5.3. In the event of snowfall of less than one (1) inch of total accumulation, Salting or Calcium shall be spread to maintain safe passage

5.4. Walkways shall be chemically treated with Calcium-Chloride or similar approved by COR. Green products are welcomed and encouraged.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-1 Contractor Inspection Requirements. (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

E.2 FAR 52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

E.3 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 randomly at USDA Forest Service, Grey Towers National Historic Site, Milford, PA.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.242-15 Stop-Work Order (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of Clause)

F.2 FAR 52.242-17 Government Delay of Work (APR 1984)

a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

F.3 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from approximately November 1, 2017 to March 31, 2018) for the Base Period.

The Option Periods, if exercised, are as follows:

OPTION PERIOD 1: November 1, 2018 to March 31, 2019 OPTION PERIOD 2: November 1, 2019 to March 31, 2020 OPTION PERIOD 3: November 1, 2020 to March 31, 2021 OPTION PERIOD 4: November 1, 2021 to March 31, 2022

The period of performance of this contract, including the Base Period and four (4) Option Periods (if exercised) will be from approximately November 1, 2017 to March 31, 2022.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It must be scheduled within ten (10) days after the date of contract award. The conference will be held at: USDA Forest Service, Grey Towers National Historic Site, 151 Grey Towers Drive, Milford, PA 18337. Point of Contact is Elizabeth Hawke at 570-296-6061 EXT 162 or ehawke@fs.fed.us

G.2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed, as soon as possible, of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR, provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists & there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.3 PROJECT MANAGER

The offeror is requested to designate a Project Manager to be contacted for prompt contract administration:

(Name): _______________________________________________________________________

Telephone Number (including cell phone if available): __________________________________

The contractor shall provide a Project Manager who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangements regarding this contract. This individual shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager, or a designated representative, shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the Contracting Officer’s Representative (COR) to discuss problem areas as they occur. The Project Manager or his/her representative shall respond within four hours after notification of the existence of a problem. The Project Manager shall be able to fluently read, write, and speak the English language.

mailto:ehawke@fs.fed.us

G.4 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement.

The written notification shall include as a minimum:

The name, address, and telephone number of the subcontractor.

The date upon which the subcontract was entered into and its duration.

A detailed description of the work being subcontracted, including a listing of contract items, units, etc.

as appropriate.

Documentation of the subcontractor’s representative authority.

G.5 INVOICE REQUIREMENTS

Payment will be based on receipt of a proper electronic invoice and satisfactory contract performance. Payments for services are made in arrears following COR inspection and acceptance of work.

G.6 GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT

In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment. Invoices shall be entered electronically in the Invoice Processing Platform (IPP).

Contractors shall register and enter invoices into IPP at the following website:

https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm

Additional information regarding IPP may be found at the following website: https://www.ipp.gov/index.htm.

IPP Help Desk: 866-973-3131 https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm https://www.ipp.gov/index.htm

SECTION H--SPECIAL CONTRACT REQUIREMENTS

SUSTAINABLE ACQUISTION MATERIALS

The Contractor must comply with Section 9002 of the Food, Conservation and Energy Act of 2008; Section 9002 of the Farm Security and Rural Investment Act of 2002; Executive Order 13514, “Federal Leadership in Environment, Energy, and Economic Performance,” Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management;” Presidential Memorandum, “Driving innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement;” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representation (COR). It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated at www.biopreferred.gov . Contractors shall provide data for their biobased products such as biobased content, as well as their dollar value used in the performance of their contract by the end of the Fiscal Year (September 31st). The website for biobased reporting is http://www.sam.gov and the requirement pertains to all contracts containing FAR clause 52.223-2 “Affirmative Procurement of Biobased Products Under Service and Construction Contracts”.

FAR REPORTING CATEGORIES & USDA DESIGNATED BIOBASED PRODUCTS

USDA designates categories of biobased products for a Federal Procurement preference. In the process, minimum biobased content standards are established for each product category. Product categories can be found at http://www.biopreferred.gov

The following are examples of biobased products that may be applicable to this requirement:

General Purpose De-Icers

Description: Chemical products (e.g., salt, fluids) that are designed to aid in the removal of snow and/or ice, and/or in the prevention of the buildup of snow and/or ice, in general use applications by lowering the freezing point of water. Specialized de-icer products, such as those used to de-ice aircraft and airport runways, are not included.

Minimum Biobased Content: 93%

Gasoline Fuel Additives

Description: Chemical agents added to vehicle fuel to increase octane levels, improve lubricity, and provide engine cleaning properties for gasoline fired engines.

Minimum Biobased Content: 92% http://www.biopreferred.gov/ http://www.sam.gov/ http://www.biopreferred.gov/ https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

Hydraulic Fluids – Mobile Equipment

Description: Hydraulic fluids formulated for general use in nonstaionary equipment, such as tractors, end loaders, or backhoes.

Minimum Biobased Content: 44%

PROVISIONS INCORPORATED BY REFERENCE

FAR 52.223-1, Biobased Product Certification FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts FAR 52.223-4, Recovered Material Certification FAR 52.223-15, Energy Efficiency in Energy-Consuming Products FAR 52.223-17, Affirmative Procurement of EPA-Designated Items under Service and Construction Contracts

CLAUSE INCORPORATED BY FULL TEXT

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

- Project Manager/Supervisor

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

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (NOV 2013) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

(APR 2014)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997) 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) 52.222-3 Convict Labor (JUN 2003) 52.222-17 Non-displacement of Qualified Workers (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-41 Service Contract Act of 1965 (MAY 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.223-2 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts (Sep 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-Designed Items in Service and Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-23 Assignment of Claims (MAY 2014) 52.232-25 Prompt payment (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.237-3 Continuity of Services (JAN 1991) 52.243-1 Changes - Fixed-Price (AUG 1987) Alternate 1 52.244-6 Subcontracts for Commercial Items (JAN 2017) 52.245-1 Government Property (JAN 2017) 52.246-25 Limitation of Liability – Services (FEB 1997) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-1 Approval of Contract (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of Clause)

FAR 52.204-7 System for Award Management (OCT 2016)

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) By submission of an Offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

https://www.acquisition.gov/

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 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, 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.]

_x_ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_x_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

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

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

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (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.

___ (12) (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.

___ (13) [Reserved]

_x_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (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.

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

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

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_x_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_x_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (33) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

___ (35) 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, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

_x_ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

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

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

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

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

___ (ii) Alternate I (Jun 2014) of 52.223-14.

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

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

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

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

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

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

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

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

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

_x_ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

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

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

2307(f)).

_x_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

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

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

_x_ (1) 52.222-17, 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 Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

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

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

1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.