1240BE21Q0006-RFQ.pdf

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

SERVICE YEAR RATE PRICE

Snow Plowing BASE YEAR

Nov 2020-April 2021

Hour $

OPTION YEAR 1

Nov 2021-April 2022

Hour $

OPTION YEAR 2

Nov 2022-April 2023

Hour $

TOTAL $

Please list equipment that will be used:

Contractor DUNS #

SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PERFORMANCE WORK

STATEMENT SNOW

REMOVAL SERVICES

WORK RESPONSIBILITY The Contractor shall administer, manage, and execute the work necessary to provide the specified services. The Contractor shall comply with applicable Federal, State, and local laws, regulations and directives. The Contractor shall perform all work in accordance with the terms and conditions of the contract.

SERVICES REQUIRED The Contractor shall provide Snow Removal Services on the Deschutes

National Forest, Sisters Ranger District. The Contractor shall provide for all services, supervision, labor, tools, materials, equipment and management necessary to administer and perform the specified snow removal services in accordance with the requirements specified in Section 3 of this

Performance Work Statement (PWS).

CONTRACTOR DIRECTION The Contractor shall perform services under the direction of the

Contracting Officer (CO). The CO will designate a specific technical representative, referred to as

Contracting Officer Technical Representative (COTR), for the services to be performed.

Responsibility for Contract oversight at an individual location may be delegated to specific

Government personnel as approved by the CO.

SCOPE OF WORK

It is the intent of this contract to provide snow plowing services for the Deschutes National Forest, Sisters Ranger District from County Road 16 to Upper Three Creek Snow Park, including Road 16, Road 1620, Road 1620890, and Upper Three Creek Snow Park Parking Lot and overflow lot.

Optional item when requested by the U.S. Forest Service is snow plow Lower Three Creek Snow

Park. Snow removal is to take place during the period of November 1 through April 30 of each year.

DESCRIPTION OF WORK

Snow removal will be on the paved portion of Forest Road 16 for approximately 7 miles, Road 1620 for approximately 0.15 miles, Road 1620890 for approximately 0.02 miles and up to an estimated 2.8 acres of Upper Three Creek Snow Park and adjacent overflow lot (paved surface). Upon request from the Forest Service, snow removal of 1.4 acres of Lower Three Creek Snow Park (gravel surface).

This work is funded in cooperation with the Oregon Department of Transportation (ODOT) with the

U. S. Forest Service. These snow parks are designated winter recreation parking locations by the

State, who provides a limited amount of snow removal funding through the Winter Snow Parking

Permit program through ODOT. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority which prohibits ODOT from reimbursing the Forest Service, then this contract may be terminated after minimum guarantees have been met.

MAINTENANCE SPECIFICATIONS

The Contractor shall be responsible for providing all labor, supervision, and transportation to satisfactorily perform the contract work. Contractor shall provide all required equipment, tools, fuel, operating supplies, incidentals, and maintenance for equipment used in the performance of the contract. All equipment costs shall include mobilization to service site.

Work shall be completed during the Winter Snow Park Season of November 1st through April

30th, each year. Contractor shall regularly check snow depths on the roads and parking areas, and shall plow the entire area when average snow depth at the parking area reaches or exceeds a trigger depth of 5”of snow accumulation. The Contractor shall contact the COR for authorization prior to conducting maintenance on access roads when the 5”snow depth trigger is not reached in parking areas (occurs infrequently; typically due to the need for slush removal, or from drifting caused by heavy wind). Contractor shall notify the COR each time the trigger depth has been reached and they plan to plow.

a) Work shall be performed in a manner to preserve and protect roads, appurtenances, to prevent erosion, damage to roads, streams, and other Forest values.

b) Banks shall not be undercut nor shall gravel or other surfacing material be bladed off the road.

c) Drainage ditches shall be functional when needed during operations and upon completion of operations.

d) Snow removal shall be controlled to identify the traveled way (the portion of the roadway designated for the movement of vehicles, including curve widening, exclusive of shoulders).

Over-width plowing shall be reshaped as necessary to define the usable width.

e) Contractor shall erect safety signs when operating any equipment on the roadway. Signs shall meet requirements of the latest edition of the Manual on Uniform Traffic Control Devices.

f) Contractor shall: space, construct, and maintain drainage holes in the dike of snow or berm caused by snow removal operations. Drain holes shall be placed to obtain surface drainage without discharging onto erodible fills.

g) All blades or plows shall be equipped with shoes or runners to keep the blade a minimum of specified inches (below) above the road surface unless agreed upon in writing by the

Contracting Officer. When plowing snow from a paved surface, the blade or plow may come in contact with the paved surface.

Forest Road 16: Remove snow from roadway to within 1” of the paved surface. Minimum width shall be 22 feet to allow for two way traffic from approximate milepost 4 to the junction of Forest Road 1620 and 14 feet for entering one way traffic from the junction of Forest Road

1620 to the gate.

Forest Road 1620: Remove snow from roadway to within 1” of the paved surface. Minimum width shall be 14 feet for exiting one way traffic.

Forest Road 1620890: Remove snow from roadway to within 1” of the paved surface. Minimum width shall be 14 feet to allow for exiting one way traffic.

Upper Three Creek Snow Park: Remove snow to within 1”of paved surface in the area specified by the Forest Service. Snow berm storage shall be located 10 feet beyond the parking lot. Entrance to snow park shall be plowed to a minimum width of 22 feet.

Lower Three Creek Snow Park (Upon Request): Remove snow to within 1”of gravel surface in the area specified by the Forest Service. Snow berm storage shall be located 10 feet beyond the parking lot. Entrance and exit to the snow park shall be plowed to a minimum width of 14 feet to allow for one way traffic.

h) Equipment shall be of the size and type commonly used to remove snow under highway conditions and shall not cause damage to existing paved and gravel surfaces.

EQUIPMENT

a) Contractor may use any type of equipment generally used to remove snow, providing the type or use of equipment is not restricted in the current Deschutes National Forest Commercial

Road Rules document, and the equipment used to remove snow shall not cause damage to the road. All equipment anticipated to be used in this contract shall be provided and include the following information: year, type, make, model, and any special attachments that may be used.

b) The Forest Service will perform inspections on Contractor’s equipment prior to start of work (not prior to award).

Background The Three Creeks Snow Removal requirement is funded by an Intergovernmental Agreement between the Oregon Department of Transportation (ODOT) and the US Forest Service, Deschutes National

Forest. The Forest Service manages National Forest Land that is used by members of the public for winter recreational purposes. At the request of the Forest Service certain parking areas and access roads located on National Forest Land have been designated as winter recreation parking location (Sno-Park) by the Oregon Transportation Commission and The Forest Service has accepted the designation as a

Sno-Park, thereby indicating a willingness to be responsible for the snow removal at the Three Creeks recreational area.

Location of Contract Services

Location will be on the Deschutes National Forest, Sisters Ranger District at the Upper and Lower

Three Creeks Snow Parks including Road 16, about 11 miles south of the city of Sisters (See

Attached Vicinity Map)

SECTION D PACKAGING AND MARKING

(Section Purposely Left Blank)

SECTION E INSPECTION AND ACCEPTANCE

Quality Control

Contractor shall submit a Quality Control (QC) Plan to the Contracting Officer for approval. The

QC plan shall be submitted with the Contractor's proposal. The QC Plan shall include, but not be limited to the following:

Inspection System - a description of the inspection system to cover all services in the Performance

Requirements Summary

Deficiency Prevention - a description of the methods to be used for identifying and preventing deficiencies and their causes in the quality of service performed before the level of performance becomes unacceptable

Inspection Files - a description of the records to be kept to document all inspections conducted by the Contractor and the necessary corrective or preventive actions taken (ex. daily dairy)

SECTION F DELIVERIES OR PERFORMANCE

Contractor Quality Control Plan - The plan must demonstrate how you, the Contractor, will assure that the quality of performance meets the objectives and requirements of the contract. It shall include how quality will be monitored to assure Performance Standards are met; how the work will be supervised; and how results of the monitoring will result in quality. The plan shall address the following as a minimum:

A. Describe in detail the inspection procedures that reflect all aspects of the snow removal process.

B. Describe any and all alternatives to mitigate for unforeseen snow conditions that could affect Performance Standard(s). Plowing method(s) to assure parking lots and roads are not damaged by equipment.

C. Describe the quality of work in terms of meeting performance requirements.

Work Plan, Schedule, and Crew Address the following:

a. Provide your general WorkPlan including crew size, work schedule, and production rate that will allow you to complete the work to meet performance requirements.

Safety Plan Describe your safety plan for this job:

a. Explain your plan to provide safety to the crew during travel to the site, while on the site and in the event of an emergency.

List of Equipment, including:

a. How your equipment and the maintenance of the equipment will meet the contract requirements including a spill plan

Quality Assurance

The Government will evaluate the Contractor's performance under this contract for those tasks listed in the Performance Requirements Summary (PRS). Contractor performance will be compared to the contractor standard of Performance Requirements.

The services to be performed by the Contractor during the period of this contract are subject to review by the CO or COTR. The Government will record all surveillance observations.

The COTR and/or CO will inform the Contractor in person when discrepancies occur and will request corrective action. The COTR and/or CO will make a notation of the discrepancy on their surveillance checklist with the date and time the discrepancy was noted and will request the Contractor to initial the entry on the checklist. The initialing of the observation does not necessarily constitute Contractor concurrence with the observation, only acknowledgement that the Contractor has been made aware of the defective performance.

A deduction from the monthly Contractor invoice will be made for performance that falls below the standard of performance. ·

Furthermore, the Contractor is put on notice that corrections to unsatisfactory performance below the Standard of Performance will be corrected at the Contractor's expense and at no additional cost to the Government.

Quality Assurance and Surveillance Plan (QASP)

The QASP will be the vehicle the Government will use to perform oversight on the Contractor's

QC Plan. Random inspection performed by the (CO) or (COTR) will be performed throughout the life of the contract to constitute surveillance of Standards distinguished in the Performance

Requirement Summary (PRS). Any deviation from the QC Plan will be documented and presented to the Contractor for corrective action.

HOURS OF OPERATIONS

Hours of operations for snow plowing shall be all hours all days with the following exception;

No snow plowing shall occur from 7:00 am to 6:00pm Saturdays, Sundays, and Observed

Holidays except requested by the Forest Service. For clarification it is expected that, should the need for plowing exist, operations will occur prior to 7:00 am on weekends and holidays.

M obilization shall be all inclusive and captured in equipment rates. The Contractor will only be reimbursed for those hours worked under commencement and completion of work within the Three

Creeks Sno-Parks and FS Road 16, unless the Contracting Officer determines otherwise. The

Government will provide areas for staging equipment in the vicinity of the Three Creeks Sno-Parks.

Hours documented on shift tickets will start once equipment wheels tum in the designated snow removal locations. The Government will not pay for equipment that is mechanically unable to remove snow or in inoperable condition.

SECTION G CONTRACT ADMINISTRATION DATA

Definitions

The definitions set forth below are those unique to this Contract. The definitions provided below are oriented to the forest Service contract services environment. In many cases definitions are situation specific. The total listing of definitions is not all-inclusive, but it has been derived from official publications, e.g., regulations, technical manuals, etc. when available.

Contracting Officer (CO): A person with the authority to enter into, administer, modify and/or terminate contracts, and make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO.

Contracting Officer's Technical Representative (COTR): An individual designated in writing by the CO to act as an authorized representative of the CO to perform specific contract administrative functions within the scope and limitations as defined by the CO. The COTR does not have the authority to modify the contract.

Contractor: The Contractor, its subsidiaries and affiliates, joint ventures involving the Contractor, or any entity with which the Contractor may have merged or any individual or entity that assisted or advised the Contractor in the preparation of its proposal under the solicitation resulting in this contract.

Performance Requirements Summary (PRS): The PRS shows some contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement, the standard of performance and the maximum allowable defect rate for each work requirement.

Performance Work Statement (PWS): The PWS consists of the definitive or descriptive words identifying the subject matter of the contract referred to as the specifications or work statement.

Quality Control Program (QCP): Contractor's system to control the equipment, systems or services so that they meet the requirements of the contract.

GOVERNMENT FURNISHED UTILITIES/FACILITIES

None

INSPECTION OF CONTRACTOR’S PERFORMANCE

The Forest Service will perform inspections of the work area at the discretion of the Forest Service.

Contractor’s performance of work will not be impacted by the inspection.

PAYMENT

Payment will be made on a per-plow bases. Invoices shall be submitted once a month through the Invoice Processing Platform System (IPP). Invoices shall be itemized separately by area and shall include the dates of each plow. Failure to provide complete information on each invoice will result in delaying the acceptance of work and the processing of payment.

INVOICING

Contractor shall invoice, at a minimum, once a month for all required work stated in the PWS.

Invoicing will be completed after services are accepted via IPP System.

Each invoice shall be itemized and include a detail of the work accomplished, the dates and time of the snow removal, equipment used with start and end meter reading (hour meter or odometer) of each piece of equipment, and the hourly rate.

SECTION H SPECIAL CONTRACT REQUIREMENTS

General Task Performance

The contractor shall perform all work described in this Contract in a timely and quality manner.

The Contractor shall perform quality control on all work performed and work will be monitored for

Quality Assurance by the Government based on the following criteria:

Timeliness of Work: The Contractor shall perform work described in this Contract within the time specified. The Contractor shall manage and schedule the work described to meet the snow removal requirements within the period of performance, work diligently to reflect effectiveness and efficiency, and not exceed the maximum amount established for the contract.

W ork Quality: The Contractor shall perform all work in a manner meeting or exceeding industry standards or as specified in this PWS. The Contractor shall inspect work based upon the Contractor's Quality

Control Plan. Quality Control services provided by the contractor will include completion of "Shift

Tickets" to document dates and ours worked, equipment utilized (applicable equipment rates), starting and ending meter/odometer readings for each equipment type and daily diary of snow conditions that result in required work for that day. This shall be included and completed by the

Contractor as part of the Quality Assurance and Surveillance Plan. This surveillance will be used to verify contractor is completing actions according to the performance requirements. On-site surveillance and monitoring will be conducted by inspectors in accordance with the QASP.

W ork Efficiencies The Contractor is expected to work in the most efficient and effective manner for all items of work specified. Contractor's lack of effort to manage and perform work efficiencies, resulting in excessive hours, will be documented and measured against payment and past performance.

Work Coordination The Contractor shall coordinate work schedules and work in-progress throughout the life of the contract with the (CO) and (COTR) while conditions change for required work.

W orkload and Work Capability The Contractor shall have the capability and technical expertise to perform the quantity and quality of services in the capabilities describe in this PWS.

SECTION I CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions-Commercial Items. (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1)Within a reasonable time after the defect was discovered or should have been discovered; and

(2)Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g)Invoice.

(1)The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i)Name and address of the Contractor;

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(ii)Invoice date and number;

(iii)Contract number, line item number and, if applicable, the order number;

(iv)Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v)Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi)Terms of any discount for prompt payment offered;

(vii)Name and address of official to whom payment is to be sent;

(viii)Name, title, and phone number of person to notify in event of defective invoice; and

(ix)Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x)Electronic funds transfer (EFT) banking information.

(A)The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B)If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other

Than System for Award Management), or applicable agency procedures.

(C)EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2)Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and

Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i)Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment

Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the

Contractor shall-

(i)Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A)Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B)Affected contract number and delivery order number, if applicable;

(C)Affected line item or subline item, if applicable; and

(D)Contractor point of contact.

(ii)Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i)All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii)The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A)The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B)The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C)The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv)If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v)Amounts shall be due at the earliest of the following dates:

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(A)The date fixed under this contract.

(B)The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi)The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A)The date on which the designated office receives payment from the Contractor;

(B)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii)The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the

Government upon:

(1)Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2)Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

https://www.acquisition.gov/far/part-32#FAR_32_608_2

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1)The schedule of supplies/services.

(2)The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3)The clause at 52.212-5.

(4)Addenda to this solicitation or contract, including any license agreements for computer software.

(5)Solicitation provisions if this is a solicitation.

(6)Other paragraphs of this clause.

(7)The Standard Form 1449.

(8)Other documents, exhibits, and attachments.

(9)The specification.

(t)[Reserved]

(u)Unauthorized Obligations.

(1)Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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(i)Any such clause is unenforceable against the Government.

(ii)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii)Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2)Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v)Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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

Commercial Items. (Oct 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts

(and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020)

(41 U.S.C. 3509)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

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

Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (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).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020)

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

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

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

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

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

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

(3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Jun 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar

2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Re-representation (May 2020)

(15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Mar 2020) (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 (Mar2020)

(15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020)

(15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020)

(E.O.13126).

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

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_4 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21

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

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

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

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

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

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

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

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

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

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

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

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

13423 and 13514).

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

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

13514).

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020)

(42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

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

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

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

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

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014)

(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (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 2019) (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, https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1…