1240LP21Q0002 Lift Pack.docx

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Lift trees as defined in the PWS (2-0 Conifers, 2-0 hardwood trees and shrubs, and 1-0 trees and shrubs)

Lift trees as defined in the PWS (2-0 Conifers, 2-0 hardwood trees and shrubs, and 1-0 trees and shrubs)

SPRING Option Year 2 - Between 3/15/23 - 4/15/23 Lift trees as defined in the PWS (2-0 Conifers, 2-0 hardwood trees and shrubs, and 1-0 trees and shrubs)

SPRING ESTIMATED TOTAL FOR 3 YEARS

Lift trees as defined in the PWS (2-0 Conifers, 2-hardwood trees and shrubs, and 1-0 trees and shrubs)

Lift trees as defined in the PWS (2-0 Conifers, 2-0 hardwood trees and shrubs, and 1-0 trees and shrubs)

FALL Option Year 2 - Between 10/19/23 - 12/4/23 Lift trees as defined in the PWS (2-0 Conifers, 2-0 hardwood trees and shrubs, and 1-0 trees and shrubs)

PERFORMANCE WORK STATEMENT (PWS)

BESSEY NURSERY TREE SEEDLING SPRING LIFT & PACK

SECTION 1 – GENERAL INFORMATION

1.1 SCOPE OF CONTRACT

The performance-based services covered in this solicitation and resultant contract require the contractor furnish all labor, supervision, transportation, and incidentals necessary to provide services to lift, grade and package seedlings at the Bessey Nursery. These services shall consist of lifting and transporting seedlings to the packing shed; provide grading and packaging services; and cleanup and storage of Government-furnished equipment, facilities and materials. This contract is for one year with the possibility of two option year renewals.

1.2 LOCATION AND DESCRIPTION

Services are to be performed at the USDA-Forest Service, Nebraska National Forest, Bessey Nursery, located 1 mile west of Halsey, Nebraska on State Hwy 2.

1.3 HOURS OF OPERATION

Normal work hours will be regular Government working hours of operation (7:30 am to 4:30 pm, Monday through Friday), unless otherwise mutually agreed to by the contractor and the Government and approved in writing by the Contracting Officer. Weekend work is usually not anticipated, but may occur depending on weather conditions. During the seedling harvest operation, there may be instances of late morning start-ups or early afternoon shutdowns due to unsuitable weather or soil conditions.

1.4 ACCESSIBILITY

All work areas are accessible via two-wheel drive pickup.

1.5 CONTRACT TIME

SPRING

Work is estimated to begin on March 14, 2021 through April 15, 2021 of the base year, with final tub clean up and drying of burlap occurring after the spring lift and grading processes are completed. Some portions of this cleanup may occur while processing seedlings.

FALL

Work is estimated to begin on October 26, 2021 through December 4, 2021 of the base year, with final tub clean up and drying of burlap occurring after the spring lift and grading processes are completed. Some portions of this cleanup may occur while processing seedlings.

Option years are contingent upon the availability of funds. It is the Government’s unilateral right to exercise the option periods.

SECTION 2-GENERAL DEFINITIONS

2.1 AQL: Acceptable Quality Level – Expressed as a percentage of samples taken.

2.2 QA: Quality Assurance – The method the Government will use to determine work quality.

2.3 PRS: Performance Requirement Summary – A table used as a quick reference of the contract requirements, standards, and effects of poor performance and the method to be used for QA.

2.4 COR: Contracting Officer’s Representative – The delegated authority to administer the contract. A written authorization by the CO, lists specific, limited authorities delegated to the COR.

2.5 INSPECTOR: Government inspectors are designated by the CO and are responsible for compliance issues.

2.6 NET PACK: The total number of seedlings packed of a specific lot that have been graded by a specific belt during one days production.

2.7 ADJUSTED NET PACK: Net Pack less the number of seedlings determined unacceptable in accordance with government inspection procedures.

2.8 CULL SEEDLING: Any seedling which does not meet grading specifications as shown in Attachment 4 or the specific requirements of the current lot being graded.

2.9 WASTED TREE: Seedlings which do not meet specified pruning requirements found in a packed bag; a seedling meeting grading standards that is discarded to the floor; or any seedling or group of seedlings which have been damaged, abused, or treated in any manner which is prohibited by the contract or is otherwise considered improper tree handling.

2.10 TERMINAL BUD: The bud located at the very tip or apex of the main growing stem.

2.11 COTYLEDON SCAR: The point on the main stem of the seedling where the first needles were attached. It is located just above the ground line and is discernible by a slight swelling or ridge around the stem where the first needles or "cotyledons" were or are attached to the seedling.

2.12 PMS: Plant Moisture Stress – A method used to determine if excessive internal water stress of tree seedlings is occurring when lifting.

2.13 QASP: Quality Assurance Surveillance Plan: A disciplined process for evaluating the contractor’s actual performance to determine conformity with the requirements of the contract. This document is provided to the contractor at the pre-work meeting.

SECTION 3 – GOVERNMENT-FURNISHED PROPERTY AND SERVICES

3.1 The Government will deliver to the Contractor the following listed materials, supplies, property or services (hereinafter referred to as "Government-furnished property").

3.2 Seedling Field Tubs:

Large: 28.5" long (73 cm.) 18.5" wide (47 cm.) 10.5" high (27 cm.)

3.3 Seedling Covering: One wet burlap sack for each seedling field tub.

3.4 Field trailer tarp for covering loaded field trailers.

3.5 Field pallets for stacking filled seedling field tubs on.

3.6 "Bungie" cords for securing field pallets filled with seedling field tubs together.

3.7 Parking area for Contractor's employees: The parking area will be designated prior to start of contract.

3.8 The government will prepare 500 seedling tubs with wet burlap to begin the lift; thereafter it is the responsibility of the contractor to maintain a supply of tubs with wet burlap. It will be the contractors responsibility to remove the sacks from the tubs, clean the tubs and sacks, and stack the tubs and sacks on separate pallets for storage when lifting is concluded. The sacks must be individually sprayed on both sides to remove loose soil and mud. The tubs must be individually scraped and sprayed to clean out loose soil and mud.

3.9 Facilities

The Government will provide the following facilities:

a. Lunchroom and restrooms for contractor's packing shed employees

b. Designated parking areas for all Contractor's employees

3.10 Functions

The Government will be responsible for the following functions:

a. Undercutting and lifting of pre-determined seedlots.

b. Transport filled and empty seedling field tubs to and from the field to the processing facility.

c. Provide examples of culls for all species and age classes of seedlings that the Contractor will be required to grade.

b. Repair or replace all mechanical and electrical equipment including: root pruner repair and sharpening, sewing machines, and grading belts.

c. Deliver non-graded seedlings to the pre-cooler and to the grading belts.

d. Deliver empty pallets to the packing end of the grading belts.

e. Remove loaded pallets from the packing end of the grading belts.

3.11 Property

The Government shall deliver to the Contractor the following listed materials, supplies, property, or services (hereinafter referred to as "Government-furnished property") at the time and place agreed to at the prework conference. The property will be jointly inspected prior to turning over to the contractor. The Contractor shall be liable for the fair market cost for all loss, damage, maintenance beyond normal wear and tear, and repair of the Government-furnished property until completion and final acceptance of work required under this contract. Any modifications made to the government furnished equipment must have prior approval by the C.O.R. or Lead Inspector.

Grading Operation:

a. Up to three portable, overhead or conveyor type sewing machines with thread & needles.

b. Cleaning equipment (brooms, shovels, pitchforks, wheelbarrow, garbage bins, water hoses and cleaning solutions – MSDS’s will be provided at the pre-work for these materials).

c. Up to three grading belts (includes grading station equipment with grading guides - 14 stations/belt).

d. Sufficient manually operated root pruners, with stands, per belt.

e. Seedling bundling equipment and supplies (bundling cylinders, rubber bands, tying machines, twine, and species tags.

f. Seedling bags, labels and species tags.

g. Woodshavings

h. Grading calipers.

i. Pruning shears

Packing Shed Cleaning:

a. Shovels

b. Pitch forks

c. Wheelbarrows

d. Floor brooms

e. Hand scrapers

f. Plastic trash can liners.

NOTE: Government furnished plastic trash canliners may not be used by contract employees as rain/mud/wet protective gear.

SECTION 4 – CONTRACTOR-FURNISHED ITEMS AND SERVICES:

4.1 The contractor shall provide all supervision, training, labor, supplies, tools, and equipment, except those specifically listed under Government Furnished Property.

4.2 The contractor shall furnish:

· One supervisor for every eight seedling lifters (or portion thereof).

· The maximum number of lifters shall be fifteen (15).

· The maximum number of graders shall be forty (40)

· All supervisors provided shall be non-working and English speaking.

· Supervisors shall attend a pre-work training session for two hours on proper lifting, handling, and loading of nursery stock, and for proper grading, handling and packing of sorted seedlings. The date and time will be set by the government at least one day prior to the start of the contract operations. Thereafter, the contractor shall be responsible for the proper training of crews.

· To ensure that all work standards are complied with, the supervisors shall be actively engaged in the supervision of their crew at all times.

4.3 Contractor obligations include: providing drinking/washing water and plastic garbage bags for Contractor's field laborers. The Contractor shall be responsible for disposing of garbage on a daily basis from all locations. (Garbage may be emptied into Government dumpster).

4.4 The contractor is responsible for loading filled seedling field tubs onto the Government furnished trailers.

SECTION 5 SPECIFIC TASKS

5.1 Prepare tubs and wet burlap for lifting and load on pallets.

5.2 Distribute tubs along beds which have been undercut.

5.3 Shake dirt from roots of lifted seedlings, place seedlings in tubs, and cover roots with wet burlap in a manner to avoid injury to the seedlings and in a safe and efficient manner.

5.4 Maintain the identity of each seedlot being lifted as directed by government employees.

5.5 Load filled tubs onto trailers in a safe and efficient manner.

5.6 Distribute tubs of seedlings to grading stations and grading belts in a safe and efficient manner.

5.7 Grade all seedling lots as per established specifications while avoiding injurious treatment to seedlings.

5.8 Do not discard seedlings meeting grading standards.

5.9 Bundle seedlings, ensuring accurate count of seedlings graded.

5.10 Clean and service tubs, burlap, packing shed floor, grading belts, and drains.

5.11 Maintain sanitary conditions in the field, packing shed lunchroom, and restrooms.

5.12 Pack seedlings for storage and/or shipment by ensuring proper quantity, proper labeling, adequate sealing and protection of seedling quality.

5.13 Palletize seedling containers for movement to storage ensuring that the labeling is visible.

5.14 Final clean up of the packing shed, tubs, burlap, restroom, and lunchroom.

5.15 Field destroy seedlots and portions of seedlots which are not to be graded and packed.

5.16 Contractor Obligations:

The Contractor shall:

a. Provide supervision, training, labor, and transportation except those specifically listed as Government-furnished.

b. Attend a prework meeting, with crew supervisors, where aspects of the contract will be discussed with special emphasis on proper seedling handling and grading techniques, and specifications.

c. Remove all cull seedlings, root clippings and accumulations of dirt/mud from pruning stations, grading stations, grading belts and packing shed floor to the Government designated dump boxes located outside or inside the building.

d. Maintain work and break/lunch areas free of trash, debris, tools and any other obstacles that could be a health or safety hazard. This includes cleaning lunch room and restrooms after each shift.

e. The contractor, with FS assistance, shall provide a minimum of 1-2 hours of training for workers regarding seedling handling and grading techniques and specifications before sorting and grading begins.

f. Notify COR or Inspector immediately of mechanical or electrical breakdowns.

SECTION 6 - ENVIRONMENTAL CONDITIONS

6.1 Supsension of Operations

6.2 Downtime

6.2.1 Downtime - Mechanical Breakdown

In the event that mechanical breakdown of Government equipment results in the failure to provide undercutting of seedling beds, the Government will compensate Contractor for downtime of idled employees. Downtime will be measured from the time all previously undercut seedling beds have been lifted plus five (5) minutes, until lifting is again authorized or the contractor is notified that the work day is ended. In the event of mechanical breakdown of Contractor's equipment, the Government will not be liable for compensation to the Contractor for downtime. The Government may assist the Contractor for up to 2 hours with the use of Government equipment and operators, if they are available, at no charge to the Contractor. If the Contractor's equipment is not back in service in that time, the operation may be shut down, or the Contractor will be liable for costs incurred by the Government for further operation. The Contractor must make every effort to have equipment repaired or replaced within 24 hours of breakdown.

6.2.2 Downtime - Seedling field tub shortage

In the event that a shortage of empty seedling field tubs occurs, due to the Contractors packing operation failing to keep up with the field operation, due to mechanical breakdown of the contractors tractor or forklift, or otherwise due to the Contractors fault, the Contractor will not be compensated for downtime of idled workers.

6.2.1 Add in above

· Any equipment breakdowns or seedling field tub shortages which occur at normal breaks or result in early shutdown of work for the day, will not be considered to result in downtime.

· Delay in resumption of work after the normal work break period will be considered to be downtime.

· Any period of time between work stoppage due to equipment breakdown and notification of end of day will be considered downtime.

· All downtime will be recorded by the government on a field inspection form and acknowledged by the Contractor or his/her designated representative.

6.3 Coordination Of Operations – Contractor And Forest Service

Seedling harvest and grading production rates shall be established in the successful proposal, but not less than the following: APPROXIMATE LINEAR BED FOOT

First day of seedling harvest 700 ft/hr, and minimum of 4500 ft/day Second day of seedling harvest 900 ft/day and minimum of 5500 ft/day Third and all subsequent days 1200 ft/day and minimum of 8000 ft/day

Grading, counting and packing of seedlings usually begins two to four hours after the initiation of the seedling harvest operation. Minimum acceptable daily production of graded seedlings meeting standards will be:

2/0 Conifers

First day of seedling processing 75,000 seedlings/belt/day Second day of seedling processing 90,000 seedlings/belt/day Third day of seedling processing 100,000 seedlings/belt/day Fourth and all subsequent days 125,000 seedlings/belt/day

Hardwoods

First day of seedling processing 55,000 seedlings/belt/day Second day of seedling processing 66,000 seedlings/belt/day Third day of seedling processing 80,000 seedlings/belt/day

Container Trees

6.3.1 In the event the contractor fails to produce the designated lineal feet per day when required by the processing operation, the contractor may be liable for any resultant actual damages or increased costs incurred by the Forest Service which are directly attributable to such failure. This daily production rate is based on a seven and 1/2 hour workday. In the event that weather or ground conditions or other causes not the fault of the contractor, cause a reduction in available work hours, the required daily production rate will be adjusted accordingly.

6.3.2 One start-up period is allowed for the contractor and the processing facility. This start-up period will be in effect approximately March 15, 2018. No start-up schedules will be allowed for other work stoppages such as for weather or soil conditions. Weather and/or seedling physiological condition will dictate contract work schedules. Weather may delay work for long periods of time. Weather permitting, it is estimated that work will be completed by April 15, 2018. The normal hours of work shall occur between 0730 and 1600, a minimum of five days per week, with adjustments made depending on weather conditions, and mutually agreed to by the Contractor and the Government. Days of operation may include Saturdays, Sundays and Federal holidays. At the end of each day, the contractor or representative and the COR or Inspector will discuss the following days operational work.

6.3.3 Tree lifting will not be allowed when the ground is excessively wet or frozen or if there are dry or windy weather conditions. These conditions may result in late morning start times or early afternoon shutdowns. Contractor shall receive no additional compensation should this occur. Plant moisture stress (PMS) measurements > 12 bars will result in a shutdown of lifting until irrigation lowers the PMS levels. Winds in excess of 20 MPH will also shut down lifting operations.

6.3.4 The contractor shall vary crew size and hours, at no additional cost to the Government, except as stated below, and may be required to work on Saturdays and/or holidays up to 8 hours per day (even if maximum footage requirements have been met) to take advantage of favorable weather and soil conditions and to ensure sufficient stock for the seedling processing operation.

Sunday work will not be allowed except as required by the Government.

6.3.5 Lifting work will be ordered daily and the amount of lineal feet actually lifted will be confirmed in writing at the end of each work day.

6.3.6 Daily starting times will be scheduled at the end of the previous work day. The Contractor or the Contractor's designated representative must provide a telephone number where he or she can be reached in event weather conditions cause a change in the previously scheduled starting time.

6.3.7 During each working day there will be a 30 minute period of time occurring between 11:30 AM and 12:45 PM in which no contract work shall be performed to allow for a lunch break for Government workers.

6.3.8 Ready For Work

During periods of suspension the contractor shall hold the crew ready to begin work with four hours notice during the hours 0730 to 1100 Monday through Friday. On weekends the contractor shall be prepared to begin work the following day with a minimum of 12 hours notice. It is the Contractor's responsibility to keep the Contracting Officer and/or C.O.R. currently advised as to where the contractor or the contractor's representative may be reached by telephone during periods of suspension of work. If the Contractor cannot be reached at the telephone number provided, or if the contractor fails to leave a number, a written resume work order will mailed or FAXed and contract time will resume on the date and time specified on the resume work order.

7.0 ACCEPTABLE QUALITY LEVELS

7.1 SEEDLING PACKING

The contractor for exceeding an acceptable level of work may earn incentive payments of 2.5% or 5%. The 2.5% and 5% incentive, as well as deductions due to quality found below acceptable levels of work, will be calculated on a per seedlot basis, upon the completion of processing the seedlot. In the event seedling packing quality falls below 80% total deductions (11% total Quality Allowance, plus 9% additional quality deductions), the deduction applied to that seedlot will be doubled. Payments will be determined by categories, which reflect the quality resulting from the packing process.

7.1.1 Definitions:

QUALITY ALLOWANCE – The percentage of defects allowed per Item before deductions are made for poor performance and quality.

ITEM – an Item on the Daily Quality Inspection Record includes all inspection results for all samples in an inspection area. (ie. The Overall Seedling Inspection is an individual Item).

The 6 Quality/Payment Categories are described as follows:

CATEGORY 1 – FULL PAYMENT, PLUS 5% INCENTIVE PAYMENT. The inspection results for an individual seedlot must have no defects, no wasted and damaged seedlings, no acceptable seedlings discarded as culls, and no incorrect bag and bundle amounts.

CATEGORY 2 – FULL PAYMENT, PLUS 2.5% INCENTIVE PAYMENT. Prior to adjusting for the Quality Allowance, the Inspection results must not exceed ½ of the Quality allowance for any single Item, and the packing request must not be short due to fault of the Contractors operation.

CATEGORY 3 – FULL PAYMENT, NO INCENTIVE PAYMENT. Prior to adjusting for the Quality Allowance, the inspection results must be more than ½ of the Quality Allowance, but must not exceed the Quality Allowance for any single Item.

CATEGORY 4 – REDUCED PAYMENT FOR QUALITY DEDUCTIONS. After adjusting for the Quality Allowance, if the final percentage for an individual seedlot exceeds the Quality Allowance in any item, a deduction will be made from the Net Pack amount. The deduction will be made at the rate equal to the combined final percentages for all items exceeding the quality allowances, but may not be more than 9%.

CATEGORY 5 – REDUCED PAYMENT FOR DEDUCTIONS WHICH RESULT IN TOTAL PACKING QUALITY BELOW 90%. If after adjusting the Quality Allowance, the total percent deduction is more than 9% (less than 80% total quality), a deduction will be made at the rate of 2 times the combined percentage for all items exceeding their Quality Allowance.

CATEGORY 6 – FULL PAYMENT, NO INCENTIVE PAYMENT FOR NON-INSPECTED SEEDLOTS. If a seedlot is not inspected, for instance due to small size, the full payment with no incentive payment will be applied to that seedlot.

7.1.2 PACKING OPERATION QUALITY ALLOWANCES – Inspection results outside the quality allowance for any Item will be considered unacceptable. Failure to improve quality will be reason for the Government to consider default action. Allowances for each inspection Item are as follows:

Monetary Deduction for Wasted Or Damaged Seedlings & Other Damage See (3) below

Acceptable Seedlings Discarded As Culls 5%

MINIMUM INSPECTION QUALITY BY CATEGORY – The following chart indicates the minimum acceptable quality to meet each payment Category. Note that each Item must meet the minimum acceptable quality.

ITEM

ALLOWANCE

Overall Seedling Inspection

Acceptable Seedlings Discarded as Culls

Monetary Deduction For Wasted/Damaged Seedlings

*** Category 5 Allowance – Less than 80% of all combined percentages of any or all items.

Counting, pruning and packing seedlings; cleaning, preparing and breaking down sacks and tubs; removing cull seedlings and soil; and cleaning of the packing shed and associated areas are considered incidental to the packing operation.

Payment will be made for the number of seedlings actually packed, as recorded on daily packing sheets and verified by Government Inspectors, except as may be reduced for unsatisfactory performance or increased for premium performance.

Payments will be based on the average of the inspection results for each seedlot after the completing of packing seedlot.

In the event a DOUBLE SORT is to be performed on a seedlot, the bid price in the schedule of items will be the monetary unit of payment for each sort.

7.2 SEEDLING LIFTING

Incentive payments of 3% or 7% may be earned by the contractor for exceeding the acceptable level of work. The 3% and 7% incentive will be calculated daily (when earned) based on the dollar value of the lineal bed feet lifted that day. Unacceptable work or work methods are listed in the following 2 categories. Continuous unacceptable performance may result in termination of the contract.

7.2.2 Category 1

(a) Piling seedlings on the ground or otherwise exposing the roots to the air for longer than 10 seconds.

(b) Mixing seedlots. (Seedlots which are mixed are rendered useless to the Government.)

7.2.3 Category 2

(a) Lifting less than 2 handfuls of seedlings at one time.

(b) Pounding, beating, rubbing or flailing seedlings. Throwing, dropping or jarring filled seedling tubs.

(c) Failure to cover lifted seedlings with wet burlap.

(d) Stepping on seedbeds.

(e) Leaving unpulled seedlings in seedbeds.

(f) Overfilling seedling field tubs.

(g) Off loading more than 2 field tubs at a time and/or allowing them to land on unlifted seedlings. (Includes tubs hitting seedlings after they have landed on the ground.)

(h) Seedling tubs containing excess soil.

7% INCENTIVE PAYMENT FOR THE DAY – Up to five infractions in Category 2 and no infractions in Category 1 will be allowed.

3% INCENTIVE PAYMENT FOR THE DAY – Up to ten infractions in Category 2 and one infraction in Category 1 will be allowed.

FULL PAYMENT FOR THE DAY WITH NO INCENTIVE – Up to and including 15 infractions in Category 2 and two infractions in Category 1 may occur for performance to be considered acceptable.

More than 15 infractions in Category 2 or two in Category 1 will be considered unacceptable performance for the day, and may result in termination of the contract.

Payment for seedlings lifted will be made for completed lineal bed feet at the contract unit price plus earned incentives as outlined above.

7.3 ADDITIONAL CHARGES

The Contractor will be charged for the following damage, loss, waste or abuse of Government property and seedlings:

(a) Seedlings not covered, left exposed to the elements, damaged, abused, destroyed, or loss of seedling lot integrity.

(1) Tub of seedlings:

1-0 = $245.00/tub or any approximate percentage of a tub 2-0 = $258.00/tub or any approximate percentage of a tub 3-0 = $258.00/tub or any approximate percentage of a tub Transplants = $193.00/tub or any approximate percentage of a tub

(2) Individual Seedlings:

1-0 = $0.54 each 2-0 = $0.59 each 3-0 = $0.74 each Transplants = $0.78 each

(b) Property and equipment

(1) Broken tubs = $25.00 each

(2) Grading calipers = $29.00 each

(3) Packing Bags = $3.00 each

(4) Other property and equipment = Fair marked cost for repair or replacement, to include all related charges.

Lift and Pack – Bessey Nursery RFQ 1240LP21Q0002 Nebraska National Forests & Grasslands Page 2 of 45

PERFORMANCE REQUIREMENTS SUMMARY

Clean dirt, debris from tubs & burlap in field prior to filling w/seedlings

SECTION C - CONTRACT CLAUSES

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) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.203-3 Gratuities (APR 1984)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017):

(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; 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.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (OCT 2020) (DEVIATION JUL 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. 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 items:

[Contracting Officer check as appropriate.] XX (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).

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

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

XX (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).

XX (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. 6101note).

XX (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).

[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.

__ (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] XX (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.

XX (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 XX (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

[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.

__ (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).

[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.

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (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)).

[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) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

[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.

__ (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) (15 U.S.C. 637(a)(17)).

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (DEVIATION JUL 2020) (E.O.13126).

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

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

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

XX (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.

XX (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.

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

XX (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (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. chapter78 and E.O. 13627).

XX (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 (Jun 2014) 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.

XX (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)…