Updated A&E Clauses and Provisions 01-10-2020.pdf

Solicitation 12405B20R0004 Areawide IQC for A/E Services, Southeast Area

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

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) has a requirement for an

Indefinite Quantity Contract (IQC) for Architect-Engineering Design and Construction

Management/Administration Services for repair and maintenance, alteration, and/or new Modernization construction projects; including Design-Bid-Build (DBB) and Construction Period Services (CPS) for its research laboratory facilities located throughout the Southeast Area. The Southeast Area includes facilities in Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, and the U.S. Virgin Islands. The Government intends to award multiple awards. Specific requirements will be incorporated into individual task orders.

Services under the contracts 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, detailed cost estimates and analyses, bidding phase services, construction management/administration (including on-site construction period services, 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 the contract(s), 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 Government’s need for specialized disciplines are anticipated to be relatively minor in size.

B.4 ADDITIONAL SUBMISSION INFORMATION

Qualification Package MUST be received not later than 5:00 p.m. Eastern Standard Time (EST) Friday February

07, 2020.

Four Hard-Copy Qualification Package and One Electronic Copy (on CD or USB Flash Drive) must be sent to:

Nicholas D. Langley, Contract Specialist

USDA ARS SEA AAO

1001 Holleman Drive EAST, Office # 117

College Station, TX 77840-4117

E-Mail submissions WILL NOT be accepted.

B.4.1 Initial Period of Performance – 08/31/2020 to 08/30/2021

Firm Labor Disciplines

Fully

Burdened

Rate

Burdened

Rate

Project Principal LEED Structural

Project Manager Sr. Structural

Construction Manager Structural Engineer

Construction Inspector Jr. Structural

Specification Writer Structural Designer

Clerical Structural CADD

LEED Architect Plumbing Engineer

Senior Architect Commissioning

Engineer

Architect

Fire

Protection

Jr. Architect Fire/Safety Engineer

Architectural Designer Value Engineer

Architectural CADD Sr. Estimator

LEED Mechanical

Engineer

Estimator

Sr. Mechanical

Engineer

Sr. Scheduler

Mechanical Engineer Scheduler

Jr. Mechanical

Engineer

Land Surveyor

Mechanical Designer Landscape Architect

Mechanical CADD

Operator

Bio-

Containment

Specialist

LEED Electrical

Certified Industrial

Hygienist

Sr. Electrical Engineer Industrial Hygienist

Electrical Engineer

Industrial Ventilation

Jr. Electrical Engineer

Telecommunication &

Data (RCDD)

Electrical Designer Interior Designer

Electrical CADD

Operator

Interior Assistant

LEED Civil Engineer Lab Planner

Sr. Civil Engineer

Civil Engineer

Jr. Civil Engineer

Civil Designer

Civil CADD Operator

B.4.2 First Option Period of Performance – 08/31/2021 to 08/30/2022

Burdened

Rate

Project Principal LEED Structural

Project Manager Sr. Structural

Construction Manager Structural Engineer

Construction Inspector Jr. Structural

Specification Writer Structural Designer

Clerical Structural CADD

LEED Architect Plumbing Engineer

Architectural CADD Sr. Estimator

LEED Mechanical

Engineer

Estimator

Sr. Mechanical

Engineer

Sr. Scheduler

Mechanical Engineer Scheduler

Jr. Mechanical

Engineer

Bio-

Operator

Interior Assistant

LEED Civil Engineer Lab Planner

Sr. Civil Engineer

Civil Engineer

Jr. Civil Engineer

B.4.3 Second Option Period of Performance – 08/31/2022 to 08/30/2023

Burdened

Rate

Project Principal LEED Structural

Project Manager Sr. Structural

Construction Manager Structural Engineer

Construction Inspector Jr. Structural

Specification Writer Structural Designer

Clerical Structural CADD

LEED Architect Plumbing Engineer

Architectural CADD Sr. Estimator

LEED Mechanical

Engineer

Estimator

Sr. Mechanical

Engineer

Sr. Scheduler

Mechanical Engineer Scheduler

Jr. Mechanical

Engineer

Bio-

Operator

Interior Assistant

LEED Civil Engineer Lab Planner

Sr. Civil Engineer

Civil Engineer

Jr. Civil Engineer

B.4.4 Third Option Period of Performance – 08/31/2023 to 08/30/2024

Burdened

Rate

Project Principal LEED Structural

Project Manager Sr. Structural

Construction Manager Structural Engineer

Construction Inspector Jr. Structural

Specification Writer Structural Designer

Clerical Structural CADD

LEED Architect Plumbing Engineer

Architectural CADD Sr. Estimator

LEED Mechanical

Engineer

Estimator

Sr. Mechanical

Engineer

Sr. Scheduler

Mechanical Engineer Scheduler

Jr. Mechanical

Engineer

Bio-

Operator

Interior Assistant

LEED Civil Engineer Lab Planner

Sr. Civil Engineer

Civil Engineer

Jr. Civil Engineer

B.4.5 Fourth Option Period of Performance – 08/31/2024 to 08/30/2025

Burdened

Rate

Project Principal LEED Structural

Project Manager Sr. Structural

Construction Manager Structural Engineer

Construction Inspector Jr. Structural

Specification Writer Structural Designer

Clerical Structural CADD

LEED Architect Plumbing Engineer

Architectural CADD Sr. Estimator

LEED Mechanical

Engineer

Estimator

Sr. Mechanical

Engineer

Sr. Scheduler

Mechanical Engineer Scheduler

Jr. Mechanical

Engineer

Bio-

Operator

Interior Assistant

LEED Civil Engineer Lab Planner

Sr. Civil Engineer

Civil Engineer

Jr. Civil Engineer

Solicitation 12405B20R0004

Areawide IQC for AE Services, Southeast Area

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

D - SECTION D - Packaging and Marking

D.1 SPECIFICATIONS

Specifications shall be prepared as specified in Section J, Attachment I, SOW A-E Services

D.2 DRAWINGS

Drawings shall be prepared as defined in Section J, Attachment I, SOW A-E Services

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 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.

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 August 31, 2020 August 30, 2021

First Option August 31, 2021 August 30, 2022

Second Option August 31, 2022 August 30, 2023

Third Option August 31, 2023 August 30, 2024 Fourth Option August 31, 2024 August 30, 2025

F.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

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

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, construction, and CIC 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 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, CIC, or the CC 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.

Placement of all task orders shall 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.

(IAW FAR 36.602-5 discussions may or may not be held for actions not anticipated to exceed SAT)

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).

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/

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 statutorily shall not exceed 6 percent of the estimated cost of construction of the public work or utility, excluding fees.

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.

H.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

FAR 52.236-22 -- Design Within Funding Limitations (Apr 1984)

FAR 52.236-23 -- Responsibility of the Architect-Engineer Contractor (Apr 1984)

FAR 52.236-24 -- Work Oversight in Architect-Engineer Contracts (Apr 1984)

FAR 52.236-25 -- Requirements for Registration of Designers (June 2003)

H.3 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.4 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.5 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/

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.

(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 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY or Services. (May 2014)

(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From

People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C.8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the

Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for

Government use under this contract from the specific sources indicated in the contract schedule.

(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting

Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.

(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:

(1) National Industries for the Blind 1310 Braddock Place Alexandria, VA 22314-1691 (703) 310-0500; and

(2) NISH 8401 Old Courthouse Road Vienna, VA 22182 (571) 226-4660.

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 August 31, 2020 through August 30, 2025.

(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.

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 $9,000,000;

(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.

https://www.acquisition.gov/sites/default/files/current/far/html/52_216.html#wp1115057

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

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.

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.

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 (Oct 2015)

“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 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 of $150,000 or more 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 of identify properly the parties and their undertakings.

(End of Clause)

Alternate I (Jul 2014). As prescribed in 22.1310(a)(2), add the following as a preamble to the clause:

Notice: The following term(s) of this clause are waived for this contract: [List term(s)].

FAR 52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014)

(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 $15,000 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.

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)

FAR 52.223-20 – Aerosols (Jun 2016)

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part

82, subpart G. with supplemental tables of alternatives available at http://www.epa.gov/snap/).

“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as--

(1) In-use emission rates, energy efficiency;

(2) Safety, such as flammability or toxicity;

(3) Ability to meet technical performance requirements; and

(4) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.

FAR 52.223-21 Foams (Jun 2016)

(a) Definitions. As used in this clause–

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part

82 subpart G with supplemental tables of alternatives available at http://www.epa.gov/snap/.

“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as–

(1) In-use emission rates, energy efficiency, and safety;

(2) Ability to meet performance requirements; and

(3) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap/.

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 $9,000,000 per order period, nor in excess of

$45,000,000 for the contract.

(End of Clause) http://www.epa.gov/snap/ http://www.epa.gov/snap/ http://www.epa.gov/snap/ http://www.epa.gov/snap/ http://www.epa.gov/snap/ http://www.eere.energy.gov/femp/technologies/eeproducts.cfm

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.

(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)

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

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage.

Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability.

(1) The contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance in the amount of $500,000 per occurrence.

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

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

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e. on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

I.2 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 address(es):

https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.htm

CONTRACT CLAUSES INCLUDED BY REFERENCE:

FAR 52.202-1 -- Definitions (Nov 2013)

FAR 52.203-3 -- Gratuities (Apr 1984)

FAR 52.203-5 -- Covenant Against Contingent Fees (May 2014)

FAR 52.203-6 -- Restrictions on Subcontractor Sales to the Government (Sept 2006)

FAR 52.203-7 -- Anti-Kickback Procedures (May 2014)

FAR 52.203-8 -- Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(May 2014)

FAR 52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

FAR 52.203-12 --…