Attachment 1 SOW with SOI.pdf

White River NF Vault Toilet Pumping 1240LP25Q0086

Schedule of Items/Price Schedule

Project Description: Vault Toilet Pumping for White River National Forest

Vendor Name: ___________________________Vendor UEI: ___________________

Provide pricing for each location to be considered. Populate a $0 in the table if it is an area not provided in the quote. Quotes are being sought from current Blanket Purchase Agreement (BPAs) holders.

Separate BPA Calls may be awarded for each of the 3 separate tables below.

Table 1: Eagle/Holy Cross Ranger District Vaults

Line Item

Location

Number of

Vaults

Approx. Vault Size Gallon

Approx.

Total

Gallons of Waste

Frequency Times Per

Year

Price

Missouri Fancy Trailhead

39.39583333- 106.4702778

1 1000 Single Vault

Shrine Ridge Trailhead 39.546006

-106.241558

2 1000 Double

Halfmoon Trailhead

39.50027778 -106.4333333

1 1000 Single

1000 2

**Piney Guard Station

39.77666667 -106.5802778

1 500 Riser Pump 4WD Access high clearance road

500 1

Tigiwon Community House 39.523204 -106.420597

2 Single Vaults

Mount of Holy Cross Overlook

39.55925814 -106.25826573

Single Vault

Camp Hale Climbing Area 39.43902777

-106.31666389

Deep Lake Fishing Site 39.77194444 -107.3022222

Deep Lake Campground 39.772102

-107.295496

3 Double Vaults, White Owl Guard Station 39.75025

-107.29610

1000 Single

Tennessee Pass Trailhead 39.36327

-106.31160

1000 Double

Nolan Lake Trailhead 39.51384

-106.65239

500 Riser

Pump

Sweetwater Lake Campground 39.79722222 -107.1605556

1000 Single

Yeoman Park Day Use

39.50222222 -106.6780556

Eagle/Holy Cross

Table 1

Total

Notes:

In the schedule of items please indicate your lump sum pricing for each location you will be pumping. This price should include travel, pumping, and dumping fees.

**4WD Access may require smaller vehicles with auxiliary pump/tank to transfer waste back to the larger septic truck.

Table 2: Aspen/Sopris Ranger District Vaults

Line Item

Number of Vaults

Approx.

Vault Size Gallon

Approx.

Total

Gallons of Waste

Frequency

Maroon Bells Interp (4-holer)

Day Use 39.098731- 106.939451

1 building with 4 vaults

2 Maroon Lake Interp (Greys)

Day Use 39.098633- 106.940986

2 Single

Vaults

Silver Bell Campground 39.142460- 106.895653

Double Vault

Silver Queen Campground39.1

29266- 106.902019

Silver Bar Campground39.1

46595- 106.892974

Grottos Trailhead

39.118786- 106.703834

East Maroon Day Use (Portal)

39.124826- 106.905102

West Maroon Day Use (Portal)

39.103542- 106.934216

*Maroon Bells Visitor Center

(Bunker) 39.099668- 106.942774

Cubic Feet

14000

Thomas Lakes Trailhead

39.304390- 107.124511

11 **Dinkle Lake Trailhead

39.302956- 107.119009

Ashcroft 39.056121- 106.799667

**Avalanche Creek Trailhead

39.234869- 107.202000

Vault 4WD access

14 **Portal

39.076512 - 106.612775

500 Double Vault 4WD access

Upper Lostman Trailhead

39.124582- 106.581787

Aspen/ Sopris

Table 2

Total

Notes:

In the schedule of items please indicate your lump sum pricing for each location you will be pumping. This price should include travel, pumping, and dumping fees.

*Maroon Bells Visitor Center Bunker pumping description – the liquids drain to a leach field leaving solid waste behind. USFS has ability to add water to the bunker prior to a scheduled pump to soften the waste to reduce pumping costs but contractor will still need to provide water to aid in efficient pumping. The vault is not a confined space. It is an open bunker 20’x40’ with 10’ tall walls and has several 2’x3’ access doors.

**4WD Access may require smaller vehicles with auxiliary pump/tank to transfer waste back to the larger septic truck.

Table 3: Dillon Ranger District Vaults

Notes:

In the schedule of items below please indicate your lump sum pricing for each location you will be pumping.

This price should include travel, pumping, and dumping fees.

Access to sites is by all-weather and seasonal roads. (See attached maps for directions and actual locations) Some units may not be accessible due to inclement weather. Administrative access can be granted to access behind locked gates as long as road is in drivable conditions.

Total Price for Table 1:

Total Price for Table 2:

Total Price for Table 3:

Description of Requirement (Including any references to attachments)

1. Background

The USDA Forest Service, White River National Forest (WRNF), has a requirement for Vault Toilet Pumping. This contract is to provide septic pumping services at thirty-two (32) US Forest Service managed recreation sites located in Eagle, Garfield, Pitkin, and Summit Counties of Colorado, the service objectives are identified as follows:

• Provide septic pumping service for 66 vaults at 32 US Forest Service managed recreation sites located in Eagle, Garfield, Pitkin, and Summit Counties, Colorado as identified in the attached Schedule of Items.

• During pumping, the vaults should be cleaned as thoroughly as possible to help prevent the production of odors. Service shall notify USFS when this pumping is complete.

• Humans are free from unhealthy exposure to human wastes after toilet pumping.

The 32 recreation sites contain a total of 65 1000-gallon vault toilets and 1 vault of 500 gallons.

All vaults need to be pumped when they reach 80% capacity, with 90% of the vault contents

Line Item

Number of Vaults

Approx.

Vault Size Gallon

Approx.

Total Gallons of Waste

Frequency

Cataract Creek Trailhead

39°50'14.2- 106°18'58.41

Sapphire Point Overlook Area 36.58-106.04

Columbine Landing

39.76-106.14

Dillon Table 3 Total Price $ removed. Generally, 50% of the vaults will require at least one (1) pumping per year. Not all vaults will need to be pumped every year, but some vaults will be pumped multiple times a year.

The Maroon Bells Visitor Center Bunker shall be pumped one time during this contract period for approximately 14,000 gallons of waste. The waste vault under the bunker is not considered a confined space.

All vault waste shall be disposed of at a commercial treatment facility off National Forest Lands.

Provide the quantity of volume pumped for at each site and note any discrepancies or abnormalities (cracks, chips, vandalism, or broken hatch) at the vault sites.

The toilet vaults require pumping during the summer season which usually runs from May 1st through October 30th annually, so contents do not freeze.

2. Description of Agreement

Multiple Blanket Purchase Agreements (BPAs) have been established to provide for Vault Toilet Pumping at USDA Forest Service managed recreation sites located in Eagle, Garfield, Pitkin, and Summit Counties, Colorado as identified in the Schedule of Items. The contractor shall ensure services are performed in accordance within this request for quote. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

The Contractor shall furnish all supplies, equipment, and services required to perform work under this contract.

The Contractor shall provide a toilet pumping vehicle capable of driving on dirt roads with a long enough hose to reach toilets not easily accessible. The Contractor shall furnish all toilet pumping equipment and tank truck. The length of hose must be long enough to accomplish the required pumping without driving off road unless specifically detailed for that vault.

All equipment shall be in full accordance with all local and State Regulations.

Contractor Requirements

The contractor shall ensure services are performed in accordance with the requirements of this RFQ. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

The Contractor shall furnish all supplies, equipment, and services required to perform work under this contract.

The Contractor shall provide a toilet pumping vehicle capable of driving on dirt roads with a long enough hose to reach toilets not easily accessible. The Contractor shall furnish all toilet pumping equipment and tank truck. The length of hose must be long enough to accomplish the required pumping without driving off road unless specifically detailed for that vault.

All equipment shall be in full accordance with all local and State Regulations.

Pumping Procedures When an Outside Manhole is Available

The clean out hatch is located on the vent stack side of the unit. The double units have two (2) clean out hatches and the single units have one (1). A key, combination or tool, provided by the Forest Service, will be needed to unlock the hatch.

ALL DEBRIS AND SEWAGE REMOVED FROM THE VAULT SHALL BE PLACED INTO

A LEAK PROOF CONTAINER SO THAT NO CONTAMINATION TO THE

SURROUNDING GROUND WILL RESULT. DEBRIS AND SEWAGE SHALL BE

REMOVED FROM FOREST SERVICE LANDS AND SHALL NOT BE PUT IN

CAMPGROUND DUMPSTERS.

If the bottom of the vault is flat, then the waste (sewage and debris) shall be removed down to within 4-5 inches of the bottom. At this time, remove any further debris that was not removed during the initial raking and removal.

If there is a heavy concentration of solids on the bottom of the vault, apply water to break up and dilute the solids and then pump this diluted waste down again.

Thoroughly clean and disinfect all contaminated areas resulting from the pumping process.

Either sweep or wash all waste that is deposited on the concrete surrounding the manhole cover back into the vault.

Thoroughly clean around the manhole cover gasket area and replace the cover. When locking the lid on the CXT concrete units, it will be necessary to stand on the lid (compressing the seal) to line up the holes provided for the lock. The manhole cover MUST fit with an airtight seal so that the venting process of the vault toilet is not interfered with. If there is not an airtight seal, the Contractor shall notify the COR immediately.

Pumping Through the Toilet Riser When There Is No Outside Manhole or When Authorized by the COR

Remove the debris and pump in accordance with pumping procedures. Extra care shall be taken to prevent waste spillage onto the interior floor and wall surface while removing debris and while pumping. The toilet paper dispenser and toilet riser shall be protected from damage and the toilet paper shall be covered with a waterproof material prior to removing debris or pumping in order to prevent the paper from getting contaminated.

During the final cleanup, the interior floor surface and any wall surface that was contaminated by waste shall be thoroughly disinfected. Thoroughly wash, disinfect and dry the toilet riser, the seat and seat cover before leaving the job site. Remove the waterproof covering that was protecting the toilet paper and make sure the paper is not contaminated. If the paper is contaminated, the Contractor shall notify the COR immediately. The door handles or knobs shall also be disinfected and dry before leaving the job site.

Each unit shall be available for immediate use after the pumping and final cleanup. The Contractor shall not leave any toilet location until final cleanup is accomplished.

Confined Spaces

Contractor shall not enter vault without agreement from the COR and acquiring a State of Colorado permit for confined spaces in accordance with 29 CFR 1910.146. The vault underneath the Bunker at the Maroon Bells is not considered a confined space and does not fall under these guidelines

Drafting of Water

Contractor shall not draft fresh water from lakes, ponds or streams to be used for washing down the vault walls, emulsification of the waste or for final cleanup unless approved by the COR.

Offsite Disposal of Sewage and Debris

The Contractor shall be properly licensed and shall be responsible for all fees associated with disposal of sewage and debris. The Contractor is responsible for making disposal arrangements for sewage and debris.

ALL DEBRIS AND SEWAGE REMOVED FROM THE VAULT SHALL BE PLACED INTO

A LEAK PROOF CONTAINER SO THAT NO CONTAMINATION TO THE

SURROUNDING GROUND WILL RESULT. DEBRIS AND SEWAGE SHALL BE

REMOVED FROM FOREST SERVICE LANDS AND SHALL NOT BE PUT IN

CAMPGROUND DUMPSTERS.

Disposal shall conform to all Federal, State, and local laws and ordinances.

The Contractor shall be responsible for prevention of spillage and hauling all waste material (sewage and debris) in watertight containers. Handling of all waste material shall be in accordance with all applicable health regulations.

3. Government Furnished Property/Security Requirements

A Contractor awarded a BPA Call from this request for quote shall be responsible for the government furnished Yale key. The Contractor shall receive and return keys with each BPA Call order. The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan.

Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. USFS Yale locks are on the vaults for toilets. At the close of each work period, government facilities shall be secured.

In the event, keys, including the master key, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key the master key or be reissued a master key by the Government; however, the Government, at its option, may replace the key or perform re-keying.

In the event locks are lost, the Contractor shall, upon direction of the Contracting Officer, be issued a new lock by the Government. When the replacement of locks or keys or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due to the Contractor.

If the master key is lost by the contractor or contractor’s representative, the contractor shall be responsible for replacement of the key. Cost per lost key is $100.00.

If a lock is lost or damaged by the contractor or contractor’s representative, the contractor shall be responsible for replacement of the lock. Cost per lost or damaged lock is $100.00.

4. Extent of Obligation

The Government is only obligated to the extent of authorized calls actually placed against this BPA by authorized personnel, against authorized items.

5. Purchase Limitations/Ordering Process

BPA Call orders should not exceed $60,000 annually. The limitation for each individual BPA Call order under this BPA shall not exceed $60,000. BPA Call orders over $2500 must be competed among the BPA holders. BPA Call orders over $25K will be advertised in SAM.gov.

6. Individuals Authorized to Order Under this BPA

Any Intermountain FPO Contracting Officer/Contracting Specialist/Purchasing Agent or Contracting Officer Representative may place a BPA Call order.

*Government micro purchase card may be used for emergency orders not to exceed $2,500.

7. Placement of Calls

Agency personnel authorized to place calls against this BPA MUST furnish a list of calls placed to the COR and Contracting Officer monthly.

8. Completion Date of Calls

The completion date for calls shall be established when each call is placed.

9. Delivery Tickets

All Order under this agreement shall be accompanied by an itemized invoice and shall contain the following information:

(i) Name of Supplier.

(ii) BPA number.

(iii) BPA number and BPA Call Order number

(iv) Date of service.

(v) Itemized list of services corresponding to the Schedule.

(vi) Quantity, unit price and extension of each item (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

Additional dump fee tickets shall be submitted with invoice. Tickets must show the location(s) from which the sewage was pumped.

10. Invoices

An individual itemized invoice will be required for each delivery or as specified and allowed by each call. The “Submit Invoice-to” address for all orders is the Department of Treasury’s Invoice Processing Platform (IPP). The Contractor shall register and submit all invoices via IPP unless otherwise noted in an individual call. This platform is managed by the U.S. Department of Treasury and additional information is available at this website:

https://www.ipp.gov/index.htm.\

Vendors register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

11. Cancellation of BPA

The United States Government reserves the unilateral right to cancel this BPA by providing written notification to the Contractor.

The Contractor may withdraw from this BPA upon written request to the Contracting Officer.

Withdrawal from the BPA does not affect awarded calls.

12. Deliverables /Schedule

Performance Objective

Required Task or Deliverable

Performance Standard

Method of Surveillance

Positive/Negative Incentive % for NOT meeting the Task

Vault toilets pumped when requested by USFS and BPA Call is awarded.

Contractor shall pump vault toilets in accordance with this Solicitation.

- Humans are free from unhealthy exposure to human wastes after toilet pumping -Vaults should be cleaned as thoroughly as possible to help prevent the production of odors (see 3.0).

-Contractor should notify USFS when this pumping occurs.

Notify USFS requestor upon pump completion to allow for 100 percent inspection by USFS staff.

N/A

Period of Performance

The Period of Performance for calls placed against this order is August 27, 2025, to August 31, 2026.

(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.

Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:

1) Quoters must have an active entity registration in the System for Award Management in order to submit a quote. https://www.sam.gov/SAM/

2) Email response should contain a (a) technical quote that includes past performance and capability, completed (b) Schedule of Items/Price Schedule and signed (c) Representations and Certification.

a) Technical Quote – The technical quote shall address the evaluation factors in 52.212-2. At a minimum technical quote 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 there is no past performance information available, the offeror will receive a neutral rating in this factor.

(ii) Capability – Can meet specified standards and have experience servicing locations on unimproved roads at various locations.

b) Price Quote – Include the following: 1) the completed Schedule of Items attached to this solicitation in Section (v), and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

c) Representations and Certifications – Fill in the check boxes for provision 52.212-3 or have an acceptable SAM.gov registration status.

3) Submit offer by email to thomas.mendoza@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain Past Performance References, Price Quote, 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 Thomas Mendoza.

4) Address questions about this solicitation to Thomas Mendoza at thomas.mendoza@usda.gov.

Addenda to Provision 52.212-1 paragraph (f) Late Submissions:

Replace (f)(2)(i) with the following:

Any quote, modification, revision, or withdrawal of a quote received at the Government office designated in the solicitation after the exact time specified for receipt of quote is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quote 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 quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Technical Quote Price Quote Technical and past performance, when combined, are significantly more important than price.

(b) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the quoter’s specified expiration time, the Government may accept an quote (or part of an quote), 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: _____________________________________________

52.209-7 Information Regarding Responsibility Matters (OCT 2018) )(Provision) (a)Definitions. As used in this provision— Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b)The offeror ☐ has ☐does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in– (A)The payment of a monetary fine or penalty of $5,000 or more; or (B)The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d)The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov. See 52.204-7.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) (DEVIATION DEC 2022) (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.]

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV

2023) (DEVIATION 2017-1)

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

(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]

(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).

☐ (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).

Delete

☐ (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 Rerepresentation (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).

☐ (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).

☒ (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

37-0000 Building and Grounds Cleaning and Maintenance Janitor (11150)

WG-2 / $19.01

☒ (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).

☐ (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)

452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from May 28, 2024, through October 30, 2027.

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of a BPA Call by the individuals or activities designated in the Schedule. Such orders may be issued from May 28, 2024, through October 30, 2027.

(b) All BPA Calls are subject to the terms and conditions of this contract.

(c)A call is considered “issued” when—

(1) If sent electronically, the Government either—

(a) Posts a copy of the call to a Government document access system, and notice is sent to the Contractor; or

(b) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Calls may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

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…