1240BK24Q0041 RFQ Middle Fork Tank Cleaning.pdf
PDF 6 MB Posted
- Attached to
- Willamette NF Middle Fork Range District Tank Cleaning Federal contract opportunity
- Solicitation number
- 1240BK24Q0041
About this file
This solicitation requests quotes for tank cleaning services. The USDA Forest Service Pacific Northwest Region is seeking offers to clean the concrete water storage tank and optional metal tank located at the Middle Fork Ranger District in Westfir, Oregon between April 11 and 25, 2024. Offerors must be small businesses with less than $16.5 million in average annual receipts. Quotes are due by April 4, 2024 and shall be emailed to Jared Machgan. The work includes removing sediment, inspecting and replacing hatch gaskets, and documenting tank conditions. The contractor must follow drinking water, health, safety, and environmental standards and complete work without disrupting water service for over four hours.
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
40BK
PORTLAND OR 97204-2829
STE 310
1220 SW 3RD AVE
USDA-FS CSA NORTHWEST 1
04S1 CODE 16. ADMINISTERED BYCODE
X
X
X
561990
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR40BK
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
04/04/2024 1700 PT
03/18/2024
458-212-6064JARED MACHGAN
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1240BK24Q0041
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 35 1119770OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
WESTFIR OR 97492
46375 HIGHWAY 58
WILLAMETTE NATIONAL FOREST
USDA FOREST SVC OAKRIDGE RANGR DIST
15. DELIVER TO
PORTLAND OR 97204-2829
STE 310
1220 SW 3RD AVE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$16.5
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
USDA-FS CSA NORTHWEST 1
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Middle Fork Water Tank Cleaning Period of Performance: 04/11/2024 to 04/25/2024
Cement Water Tank
Optional Line Item
Clean Metal Water Tank
GRANT TOTAL
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
JARED D. MACHGAN
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
1 EA
1 EA
IPP
INVOICE PROCESSING PLATFORM IPP
ELECTRONICALLY THROUGH THE ALL INVOICES
MUST BE SUBMITTED INVOICE PROCESSING
PLATFORM IPP VIA WWW IPP GOV
MIDDLE FORK RS WATER TANK CLEANING 1240BK24Q0041
(vi) Description of Requirement
STATEMENT OF WORK
This solicitation contains a work statement for a performance-based service. This means that the
Government has described what is to be accomplished, not how to accomplish it, and states a basis for determining whether finished work meets the Government quality requirements. It does not state detailed procedures for accomplishing the requirement unless there are safety, security or communication requirements.
It is the responsibility of the contractor to ensure that they build into their bid/proposal price the necessary hours that it will take to meet the performance standards specified.
The contractor will be required to maintain a quality control program to ensure that the requirements of this contract are met. This program shall be created for identifying and correcting deficiencies in the quality before performance becomes unacceptable.
C-1 SCOPE OF WORK
A. The Contractor shall provide all labor, equipment, materials, supplies, and supervision to perform the floor cleaning, inspecting, and documentation on the condition of the concrete drinking water storage tank located in Westfir, OR for the Middle Fork Ranger
District office.
B. The water storage tank is located ½ mile up Deception Creek Road just off of Highway
58, North of the District office entrance.
C. Directions from Eugene Take highway 58 toward Oakridge. Turn right on Deception
Creek Rd and go for 0.5 miles.
D. The tank at the Middle Fork District office is constructed of concrete with the approximate dimensions: diameter of 21.5 feet, height of 11 feet, water depth generally around 8 feet, access hatch 24” by 36”. (SEE PICTURES)
NOTE: Picture 1 Entrance to Tank. Ladder in picture has been removed for easier access.
E. Contractor shall not damage any of the components to float system in either tank.
F. The water tank at The Middle fork Ranger station is easy to access. There is an access road with clear access that the vendor can park vehicles within 50 feet of the tank.
G. It is the responsibility of the contractor to comply with all applicable state and federal laws governing the health and safety of its employees, including all regulations promulgated under the Occupational Safety and Health Act (OSHA). Such compliance shall include, but not be limited to, ensuring that all employees are properly trained for the work to be performed and have been supplied with all necessary protective and safety equipment specifically, but not limited to confined spaces and underwater spaces. The Government at its discretion may request written safety plans or guidelines for its records.
H. Contractor shall take all precautions needed to maintain a safe working environment for their employees, the public, and Forest Service employees, in accordance with OSHA standards for similar activities. This includes, but is not limited to, setting up safety cones and/or barricades around vehicles and equipment that are temporarily obstructing driving lanes, as well as in the immediate vicinity of the water tanks while work is being performed.
I. All work and materials provided shall be done in accordance with applicable Oregon
Health Authority (OHA) drinking water rules, Oregon Administrative Rules (OARs) for public water systems, Oregon Department of Environmental Quality (DEQ) regulations, Occupational Safety and Health Administration (OSHA) standards, American Water
Works Association (AWWA) standards, National Sanitation Foundation (NSF) standards, industry standards, and this Statement of Work.
OPTIONAL LINE ITEM
J. The contract will exercise an option item to have the other metal tank cleaned depending on price. This tank is in the same location as the concrete tank and all of the same performance standards apply to cleaning this second tank as an option item.
a. Metal tank is 32’ diameter by 12’ tall, the water depth is generally around the same height of 8’. Contractor to verify access hatch is 24” diameter.
b. Contractor shall verify condition of gasket and confirm with COR before replacing.
C-2 Measurable Performance Standards
A. The water system is open year-round, and the Contractor shall complete the work without interrupting water service to any single water system for more than four hours. This will require the Contractor to perform the work without draining the tanks, and without introducing any contaminates that would make the water unsuitable for public consumption.
B. The Contractor shall establish a complete, written, Quality Control Program (QCP) to ensure that the requirements of the contract are provided as specified. The written QCP shall be submitted to the P/CO within 5 days of the start date of work.
C. Contractor shall remove all sediment, debris that has settled on the bottom of the tanks.
D. Contractor shall inspect, replace and install new hatch gasket or weathering strip to prevent dust and debris contamination. Tank hatch is existing and shall remain.
Contractor to match gasket with hatch.
E. If the Contractor enters the tank and encounters unforeseen conditions that significantly affect the cost of completing the work, the Contractor shall immediately stop all work associated with the unforeseen condition and notify the COR of the issue. Contractor shall provide the COR with documentation of the issue, and a cost proposal for an equitable adjustment to the Contract price, if needed.
F. Contractor shall immediately notify the COR of any urgent repairs needed to the tank or appurtenances, along with documentation and photos of the issue(s) that will allow the
Forest Service to resolve the issue(s) as soon as possible.
G. As soon as possible, upon completion of the work on the water tank, the Contractor shall notify the COR that the tank is clean, and the water is suitable for public consumption.
H. At the completion of the project, the Contractor shall provide the Contracting Officer with a written report, including photos, summarizing the condition of the interior and exterior of the tank, and the tank in general, including associated valves and piping.
Include operation and maintenance recommendations, as needed, to improve future operations and longevity of the water tanks and appurtenances.
C-3 PERFORMANCE STANDARDS AND GUIDELINE REQUIREMENTS
A. Contractor shall protect all vegetation, utilities, structures, and other improvements to avoid damage during the work of this project. Any sediment or debris will be collected by the vendor and will not be discharged onto the surrounding environment. Sediment and debris will be disposed of in accordance with all State, and County laws. If clearing of vegetation is needed, the Contractor shall specify in their bid. In the event of damage to existing structures, vegetation, or utilities, stop all work associated with the damage, and immediately notify the Contracting Officer (CO). Repair the damage as directed by the CO, at the Contractor’s expense.
B. Contractor shall maintain a clean and orderly work environment. Complete work at one site before moving on to another site. Dispose of all debris generated by the work of this project legally off Forest Service land.
C. Water service to any single water system shall not be disrupted for more than 4 hours total, and not on Federal holidays or weekends. The Contractor shall coordinate shutdown of the water system, if needed, with the Contracting Officer Representative
(COR) at least 7 days in advance.
C-4 SUPPLIES, MATERIALS, EQUIPMENT AND UTILITIES
A. Government Furnished:
There is no electricity at the site. Contractor may use water in tanks if needed.
B. Contractor Furnished:
(1) The Contractor shall furnish all supplies, materials, and employee training necessary to achieve the quality performance standards of the work in this contract, unless otherwise specified herein.
(a) Training shall include all applicable OSHA and other related standards.
The Contractor shall submit all Material Safety Data Sheets (MSDS) for any materials used under this contract containing “dangerous” or
“warning” labels to the P/CO within 10 days after contract award date.
(b) Furnish employees with appropriate Personal Protection Equipment to meet OSHA standard 1910.132(a) which states: Protective equipment, including personal protective equipment for eyes, ears, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.
(2) The Contractor shall furnish all equipment necessary to accomplish the work under this contract. All equipment must meet all applicable OSHA standards.
Contractor shall not use any unsafe equipment or any equipment in need of repair.
C-5 CONTRACTOR PERSONNEL
A. Within five days of the contract start date, the Contractor shall submit, in writing, the name of the Site Manager and an alternate to the P/OC. The Contractor shall supply telephone, cell phone, and/or pager numbers to the P/OC for use in contacting the Site
Manager. The Site Manager shall conduct overall management coordination and shall be the central point of contact with the Government for performance of all work under this contract. The Site Manager shall be authorized to receive any notices of deficiency in contract performance. The notices may include, but not be limited to, the following:
non-performance of work, deficiencies in work performed and notices of proposed payment deductions due to the above. This may be in the form of written and/or verbal communications. The Site Manager shall be available weekdays, between the hours of
8:00 a.m. and 2:00 p.m., within 1 hour to meet at the facility to discuss problem areas.
B. All personnel employed by the Contractor shall be experienced in the type of work involved and familiar with the specifications of this contract.
C. Contractor personnel shall conduct all operations in such a manner as to minimize any inconvenience in the use of the facilities to the occupants.
D. Contractor personnel shall wear all appropriate Personal Protection Equipment as required by OSHA standards.
C-6 SCHEDULING WORK AND REPORTING REQUIREMENTS
A. The tentative Period of Performance is April 11, 2024 through April 25, 2024. The contractor shall coordinate with the COR to complete required service. Contractor shall indicate days and times they will be at the site and receive confirmation from COR of schedule.
B. If changes need to be made to reduce conflicts with Government operations, special events, or other occurrences, the Contractor shall meet with the COR and revise the schedule as necessary.
C. The Contractor shall not deviate from this schedule without prior approval from the
Contracting Officer’s Technical Representative.
(vii) Date(s) and Place(s) of Delivery and Acceptance/Location
Location: 46375 OR-58, Westfir, OR 97492
(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services
(SEP 2023) (Provision)
Addenda to Provision 52.212-1:
For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-
1 for the word offer or offeror.
1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/
2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.
a) Technical Proposal – The technical proposal shall address the evaluation factors in 52.212-2. At a minimum technical proposal shall include:
i) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.
ii) Technical Capability – Provide a list of equipment and names and experience of key personnel (with qualifications) that will be used to complete this project.
b) Price Proposal – Include the following: 1) the completed Schedule of Items from Section B of this solicitation, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).
3) Submit offer by email to _Jared.Machgan@usda.gov _ so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments
(Technical Proposal, Price Proposal, and Representations and Certifications) in
Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from __ Jared Machgan _.
https://www.google.com/search?sca_esv=9c4df4a210fae351&q=middle+fork+ranger+station+willamette+national+forest+address&ludocid=2552917410389438706&sa=X&ved=2ahUKEwjZ_9Sck_6EAxXMI0QIHZYSApAQ6BN6BAhCEAI https://www.sam.gov/SAM/
4) Address questions about this solicitation to _Jared Machgan at
_jared.machgan@usda.gov.
Addenda to Provision 52.212-1 paragraph (f) Late submissions:
Replace (f)(2)(i) with the following:
Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is
"late" and will not be considered unless it is received before award is made and the
Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Delete 52.212-1 (f)(2)(i) paragraphs A, B, & C.
(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)
(Provision)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous, best value to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
__Past Performance, Price, Technical Capabilities________________
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.
Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, emailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(x) Representations and Certifications (complete highlighted items in this section and return with your offer)
VENDOR NAME: _____________________________________________
VENDOR UEI: _____________________________________________
52.212-3 Offeror Representations and Certifications – Commercial Products and
Commercial Services (NOV 2023) (DEVIATION NOV 2022) (Provision)
[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and
Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.
If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.
DEVIATION NOV 2022] Offerors that are representing as joint ventures should submit their socio-economic status in the space provided above until such time that
SAM.gov has been updated to include the joint venture representations contained within provision 52.212-3 paragraph (c).
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on
SAM.]
file:///C:/Users/melissaajohnson/Downloads/(DEVIATION%20NOV%202022)%20–%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf
(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial
Services (NOV 2023)
Addenda to 52.212-4:
(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive
Orders– Commercial Products and Commercial Services (DEC 2023) )[DEVIATION JAN
2024]
(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 products and commercial services:
(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR
2023) (31 U.S.C.3903 and 10 U.S.C. 3801)
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).
(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 products and commercial services:
[Contracting Officer check as appropriate.]
☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with
Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.
3509)).
☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
☐ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower
Guidance to Contractor Employees)
☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun
2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
☐ (6) [Reserved].
☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK
☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of
Division R of Pub. L. 117-328).
☒ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply
Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023)
(Pub. L. 115-390)
☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec
2023) (Pub. L. 115-390, title II)
☐ (ii) Alternate I (Dec 2023) of 52.204-30.
☒ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).
☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Oct 2018) (41 U.S.C. 2313).
☐ (14) [Reserved].
☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15
U.S.C.657a).
☐ (16) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
☐ (17) [Reserved]
☒ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).
☐ (ii) Alternate I (Mar 2020) of 52.219-6.
☐ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
☐ (ii) Alternate I (Mar 2020) of 52.219-7.
☐ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and
(3)).
☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 (Sep 2023) of 52.219-9.
☐ (22) (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
☐ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s)
[Contracting Officer check as appropriate.]
☐ By the end of the base term of the contract and then by the end of each subsequent option period; or
☐ By the end of the performance period for each order issued under the contract.
☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.
637(d)(4)(F)(i)).
☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct
2022) (15 U.S.C. 657f).
☒ (26) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2023) (15
U.S.C. 632(a)(2)).
☐ (ii) Alternate I (MAR 2020) of 52.219-28.
☐ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
☐ (28) 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 (Oct 2022)
(15 U.S.C. 637(m)).
☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15
U.S.C. 644(r)).
☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023)
(E.O.13126).[DEVIATION JAN 2024]
☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
☒ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
☒ (ii) Alternate I (Feb 1999) of 52.222-26.
☐ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (ii) Alternate I (Jul 2014) of 52.222-35.
☒ (36) (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.
☐ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
☐ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and
E.O. 13627).
☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).
☐ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
☐ (41) (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.)
☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O. 13693).
☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and
Air Conditioners (Jun 2016) (E.O. 13693).
https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf
☐ (44) (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.
☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Jun 2014) of 52.223-14.
☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.
8259b).
☐ (47) (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.
☐ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun
2020) (E.O. 13513).
☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).
☐ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
☐ (ii) Alternate I (Jan 2017) of 52.224-3.
☐ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
☐(ii) Alternate I (Oct 2022) of 52.225-1
☒ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19
U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.
chapter 29 (sections 4501-4732), Public Law. 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 [Reserved]
☐(iii) Alternate II (Dec 2022) of 52.225-3.
☐(iv) Alternate III (Nov 2023) of 52.225-3 (DEVIATION JAN 2024).
☐(v) Alternate IV (Oct 2022) of 52.225-3.
☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
☐ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the
Treasury).
☐ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal
Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007) (42 U.S.C. 5150).
☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).
☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services
(Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).
https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf
☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct
2018) (31 U.S.C. 3332).
☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C.3332).
☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
☐ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov
2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
☐ (ii) Alternate I (Apr 2003) of 52.247-64.
☐ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
Contracting Officer check as appropriate.]
☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
In compliance with the Service Contract Labor Standards statute and the regulations of the
Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage/Fringe Benefits
☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May
2014) (41 U.S.C. chapter 67).
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan
2022).
☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
☒ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42
U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.
3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712)
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L.
115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section
102 of Division R of Pub. L. 117-328)
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition.
(Dec 2023) (Pub. L. 115-390, title II)
(B) Alternate I (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract
(except subcontracts to small business concerns) exceeds the applicable threshold specified in
FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29
U.S.C.793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May
2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for
Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)
(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors
(MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov
2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(xiii) Additional Requirements/Terms and Conditions:
Clauses:
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV
2021)
(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 websites) 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.
http://uscode.house.gov/
(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 products or commercial services, 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.
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 ____5 days_ .
(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 ______12_____ (months).
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR
1984)
52.242-15 Stop-Work Order (AUG 1989)
52.242-17 Government Delay of Work (APR 1984)
52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012)
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):
Federal Acquisition Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)
Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452)
FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA
52.252-6 Authorized Deviations in Clauses (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48
CFR Chapter 1) clause with an authorized deviation is indicated by the addition of
“(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48
CFR 4) clause with an authorized deviation is indicated by the addition of
“(DEVIATION)” after the name of the regulation.
452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)
Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:
(a) If unobligated funds in the amount of $1000 or less remain on the contract, the
Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a
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