12444522R0003 Final Rv.docx

Solicitation Number: 124444522R0003 Rv Page 2 Historic Preservation Services US Forest Service, Region 9

Historic Preservation Services Blanket Purchase Agreement (BPA) US Forest Service Region 9

The USDA Forest Service, Region 9, intends to establish multiple-award Blanket Purchase Agreements (BPAs) to conduct Historic Preservation services. The services encompassed by these BPAs are commercial, non-personal, professional services.

Quantities shown are best estimates and NOT guarantees; individual BPA calls will be awarded on a competitive/fair opportunity basis.

Offerors may quote on any or all items and limit the total amount of work they might accept by addressing this in their Technical Proposal.

Please respond fully to the solicitation requirements (e.g. pricing, certifications and representations, and selection criteria). Provide commercial pricing for all line items. The rates your firm proposes shall be commercial “shelf” rates that will be used for award evaluation purposes. Vendors are cautioned that as awards of a Blanket Purchase Agreements are based, in part, on the pricing proposed herein, subsequent vendor quotes for specific unit BPA calls must be representative and reflective of those rates or they shall be removed from the pool of vendors for that work activity. Therefore, it is imperative that each vendor provide the Government with their best commercial rate they are capable of performing and that those rates be similar to the quotes on individual BPA calls submitted for specific units.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06. This procurement is set aside for total small business. The NAICS code is 541620 and the Small Business Size Standard is $16.5 million.

1. SCHEDULE OF ITEMS/PRICE SCHEDULE

The labor categories below are intended to provide pricing information for the Government to evaluate in determining whether or not to issue a Blanket Purchase Agreement (BPA). While the majority of BPA Calls will be competed on a firm-fixed price basis, the rates provided will be utilized for estimating purposes and contractors may be asked to honor them if hourly rate services are required. All hourly labor rates are to be fully loaded, inclusive of direct costs, indirect costs, overhead or GA, profit, and incidental material costs. The rates your firm proposes shall be commercial “shelf” rates that will be used for award evaluation purposes

Only quote on those services that you are qualified to provide.

Archaeologist

* Non-professional positions are subject to the Service Contract Labor Standard Wage Determination in effect for the County/State in which the work will be performed. Wage Determinations may be viewed at https://www.wdol.gov/. Current applicable wage determinations will be provided with each BPA Call RFQ when use of technical personnel are required on an individual project.

Contractor email address for receiving request for quotes for BPA Calls:

Contractor Name:__________________ UEI Number:____________________________________________________

SCHEDULE NOTES:

1. Hourly rates for these services can be updated annually on the BPA anniversary date. All other work units ordered will be determined on the Individual Project BPA Call level.

2. Prospective awardees must be registered and active in the System for Award Management (SAM) data base at time of quote submission (see FAR 4.1102). Information on registration may be obtained via the internet at: http://www.sam.gov. All contractors and vendors must complete the electronic version of the Representations and Certifications in the SAM system.

PROPOSED SERVICE ACTIVITIES

BPA holders will indicate which services they are interested in providing. Indicate in the table below with an “x” in the column labeled “Specialty”

Archaeologist

Historian

Anthropologist

Ethnographer

Architectural Historian

Curation Specialist

Archival Specialist

Geographic Information System Specialist

Interpretive Specialist

Connecticut

Delaware

Illinois

Indiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Missouri

New Jersey

New Hampshire

New York

Ohio

Pennsylvania

Vermont

West Virginia

Wisconsin

PROPOSED AREAS FOR SERVICE COVERAGE

BPA holders will indicate which states they are interested in providing coverage. Indicate in the table below with an “x” in the column labeled “Area”, for states you are interested in providing services.

2. BACKGROUND/PURPOSE:

The USDA, Forest Service, Region 9, is comprised of the 14 National Forests, 1 Tall Grass Prairie and several other specialized units. The intent of this procurement action is to enter into multiple Blanket Purchase Agreements (BPAs) under which histroic preservation services may be competed and BPA Calls for project work issued. While a pre-set limitation is not established regarding the number of BPAs that will be entered in to, the amount may be limited in any geographic area if it is determined that sufficient competition is taking place and the administrative burden of entering into more agreements offsets the potential benefit.

BPA Calls will be packaged with the project-specific details that supplement the standard specifications and terms of the basic agreement. These BPA Calls requirements will include detailed payment items, special or supplemental project specifications, drawings, specialized inspection terms, performance period requirements, government-furnished property, government-furnished facilities, or government-furnished services, special contract requirements, exhibits and other detailed requirements applicable to the specific BPA Calls (if applicable). BPA Calls will not exceed $250,000.00 each.

For each BPA Call, a best-value analysis and source selection will be completed. Project specific pricing and project-specific technical proposals will be requested as described herein. If a fair and reasonable price is negotiated through the Individual Project quote process, an Individual BPA Call will be prepared for that specific project. If a fair and reasonable price is not reached through the BPA Call quote process, that project will be withdrawn for acquisition separate from this agreement.

Individual BPA call orders shall dictate which terms, conditions, and clauses are applicable.

3. STATEMENT OF WORK - Historic Preservation Services

· Cultural Resources Surveys, Monitoring, and Report Preparation Work includes: Conduct literature reviews, archival searches, field inventories, site identification and recordation, cultural resources overview preparation, research design development, oral history interviews, site monitoring, project implementation and post-implementation monitoring, site condition assessments, develop mitigation recommendations, and treatment plans. Preparation of draft and final report summarizing findings and recommendations.

Professional Services that may be required:

· Historian

· Anthropologist/Ethnographer

· Architectural Historian

· (Historical) Landscape Architect/Landscape Historian

· National Register of Historic Places (NRHP) Recommendations of Eligibility for Precontact and Historic Resources, to Include Historic Structures Work includes: Potential pedestrian survey (reconnaissance and intensive and testing, identification, compilation, and interpretation of archival materials: Government Land Office (GLO) maps, land history resource, county, borough, and state resources, etc.), Forest Service survey and sites files, publications, ethnographic data (if available), photographs, etc. Final product needs to clearly synthesize the information and apply the four NRHP criteria and address the documentation of historic property(ies) through photography. Determinations of Eligibility (DOE) will include precontact/historic context, period of significance (and rationale for dates), statement of significance, age, integrity (addressing location, design, setting, materials, workmanship, feeling, and association). Reviewing multiple criteria for a historic property (or district) is required with a justification of why a specific NRHP criterion is excluded from consideration. Refer to Publications of the NRHP https://www.nps.gov/subjects/nationalregister/publications.htm

Professional Services that may be required:

· Historian

· Anthropologist/Ethnographer

· Architectural Historian

· (Historical) Landscape Architect/Landscape Historian

· Preparation of Draft NRHP Nominations of Individual Properties, Historic Districts, Historic or Cultural Landscapes, and Multiple Properties Work includes: Interpreting archaeological survey and testing results, documentation of historic properties through survey and site forms, photographs, maps/GIS/Global Positioning System (GPS), and other methods. The correct National Park Service form and photographic documentation is required to meet NRHP standards outlined by the various State Historic Preservation Offices across the region. Ability to identify, gather, and interpret precontact and historic resources (Forest Service survey and site files, publications, ethnographic data, and photographs) and synthesize the information to apply the four NRHP criteria, to include Determinations of Eligibility (DOE) elements described above. Refer to Publications of the NRHP https://www.nps.gov/subjects/nationalregister/publications.htm

Professional Services that may be required:

· Historian

· Anthropologist/Ethnographer

· Architectural Historian

· (Historical) Landscape Architect/Landscape Historian

· Documentation to State and Federal Standards, Architectural Design, and Integrity of Historic Structures This work combines drawings, history, and photographs to produce a comprehensive, multidisciplinary record that ranges in scope with a site's level of significance and complexity. Documentation of sites to meet one or more of the following standards: various State Historic Preservation Offices across the region, Historic American Building Survey (HABS) or Historic American Engineering Record (HAER) or state-level documentation.

Professional Services that may be required:

· Architectural Historian

· Historian

· (Historical) Landscape Architect/Landscape Historian

· Historic Structure Assessments and Preservation, Restoration, Rehabilitation, and Reconstruction Historic Structure Assessment work includes: Synopsis of physical walk through of structure/s with photographic documentation, research and review of archival documentation, oral histories, an existing condition survey (including exterior and interior architectural elements, structural systems, mechanical systems, etc.), physical problems that need repair (construction materials and systems that exhibit distress or deterioration), building code or functional problems that interfere with its use will be documented. Documentation (AutoCAD, SketchUp, etc.) of each elevation of each structures/s, evaluation of significance, selection and rationale for the most appropriate approach and treatment (preservation, restoration, rehabilitation, and reconstruction) and specific work recommendations with estimated costs. Work recommendation will divide the work into separate phases where practical (as requested by Forest Service).

Professional Services that may be required:

· Architectural Historian

· Historian

· Historic Preservation Specialist

· Historic Context Development Work includes: Research and development of historic contexts for a variety of cultural resources topics. Researching and analyzing cultural resources, archival materials, and data to develop a historic context to improve how the agency manages a type or types of historic properties and to assist with evaluating the property type. Historic contexts will include: statement of context, background history, definition of context (establish the thematic, temporal, and geographic parameters of the theme or area of significance), development of theme/s, relationship to state and national context, associated property types, physical characteristics and integrity, relationship to NRHP criteria and bibliography. Refer to Secretary of the Interior’s Standards for Preservation Planning, Developing Historic Contexts Guidelines https://www.nps.gov/history/local-law/arch_stnds_1.htm#dev

Professional Services that may be required:

· Historian

· Anthropologist/Ethnographer

· Architectural Historian

· (Historical) Landscape Architect/Landscape Historian

· Historic and Cultural Landscape Analysis Work includes: Conduct literature reviews, archival searches, field inventories, and oral history interviews. Ability to identify and describe various landscape characteristics and the major processes, uses, and physical components visible in the landscape and how they relate to one or more historic context over time. Refer to publications of the NRHP Bulletins 18 and 30 https://www.nps.gov/subjects/nationalregister/publications.htm and National Park Service Preservation Guidance on Cultural Landscapes https://www.nps.gov/subjects/culturallandscapes/preservation.htm

Professional Services that may be required:

· Historian

· Anthropologist/Ethnographer

· Architectural Historian

· (Historical) Landscape Architect/Landscape Historian

· Cultural Resource Management Plans (CRMP), Historic Property Management Plans (HRMP) or Master Planning Work includes: The development of long-range planning document, including: background, objectives and responsibilities, cultural context and associative property types, cultural resource studies within the or property boundary (existing), identification and evaluation of historic property, description of operations and maintenance activities that will occur in property boundary, resource protection measures or avoidance of sites, process for resolving adverse effects to historic properties, and bibliography. Forest Service will review and edit drafts as needed prior to the finalization of the plan.

Professional Services that may be required:

· Historian

· Architectural Historian

· (Historical) Landscape Architect/Landscape Historian

· Ethnographic Studies Work includes: Conducting interviews with relevant resources and community members, or other ethnic groups who may have information specific to a project area. Interviews may require field visits to particular areas of interest within a project area or geographic landscape. Development of reports that include oral histories, ethnographic interviews, how the landscape is regarded by community members or other peoples, and management recommendations based on the informant’s perspective.

Professional Services that may be required:

· Anthropologist/Ethnographer

· Historian

· Records Management Work includes: Identify records by Forest Service/BLM/NPS file codes and retention schedules, prepare Forest Service/BLM?NPS records, to include maintenance (such as inventorying and scanning documents) and disposition (coordinate with Forest Service/BLM/NPS records management staff). Convert hard copy files into electronic files with corresponding file structure (to include but not limited to survey and site files).

Professional Services that may be required:

· Curation Specialist

· Archivist

· Archaeologist/Historian

· Preparation of Collections for Curation under Federal Standards Work includes: Includes but is not limited to proper cleaning of artifacts, providing labels, labeling artifacts with accession numbers, applying appropriate preservation procedures to include archival packaging of collections, and validating accompanying inventory. Preparation of collections will be in accordance with the policy and procedures for the identified curatorial facility.

Professional Services that may be required:

· Curation/Archival Specialist

· Archaeologist/Historian

· Interpretive Product Development Work includes: Development and design of interpretive media to include but not limited to exhibits, signs, panels, pamphlets, brochures, other publications, informational web pages and other digital media. Development of interpretive plans (forest-wide, visitors centers, scenic byways, special interest areas, individual properties, etc.).

Professional Services that may be required:

· Interpretive Specialist

· Archaeologist/Historian

· GIS Specialist

· Training Work Includes: Development and execution of historic preservation training topics. Training can be given either in person or in virtual environment.

Professional Services that may be required:

· Historic Preservation Specialist

· Historian

· (Historical) Landscape Architect/Landscape Historian

· Materials Testing Work Includes: masonry analysis, paint analysis, dendrochronology, stress-resistance drilling, asbestos/lead-based paint, etc.

Professional Services that may be required:

· Historic Preservation Specialist

· Historian

4. ATTACHMENTS

Appendix A – Region 9 Geographical Map Appendix B – Region 9 Locations List Appendix C – Heritage Program Statutory and Regulatory Directives

5. LOCATION

The project area will be defined in each BPA call for the specific project. Project areas may be located anywhere on Forest Service managed land in Region 9. The USDA, Forest Service, Region 9, is comprised of the 14 National Forests, 1 Tall Grass Prairie and several other specialized units. See Appendix A and B for more location information. Each RFQ will specify the place of performance.

6. GENERAL GUIDELINES:

Project areas are located within the geographic limits of Region 9. The scope covers federal and local agency lands within Forests’ boundaries which include but are not limited to; all counties and lands within Forests’ boundaries, Midewin National Tall Grass Prairie, Job Corps Civilian Conservation Centers, Northern Research Station, Forest Product Lab, Wood Education and Resource Center, Grey Towers, Region 9 Administrative Facilities. The BPA call will be issued and administered by a Government entity.

Resultant Award – BPA calls will be issued against any resultant BPAs and reference the parent BPA when ordered by warranted contracting personnel from USDA Forest Service. In accordance with the Ordering Procedures Provision herein, BPA calls placed against the Agreements may be competed within the awardee pool or sole source when determined to be in the Governments best interest.

7. APPLICABLE LAWS, REGULATIONS AND POLICIES

See Appendix C, Heritage Program Statutory and Regulatory Directives

8. 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) 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) 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) 52.223-1 Disputes (MAY 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-3 Protest After Award (AUG 1996) 52.223-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018) 52.228-5, Insurance – Work on a Government Installation (JAN 1997) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigations and Conditions Affecting the Work (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-9 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-14 Suspension of Work (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) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 52.245-9 Use and Charges (APR 2012) 52.246-20 Warranty of Services ( MAY 2001) 52.252-6 Authorized Deviations in Clauses (NOV 2020) AGAR 452.228-71, Insurance Coverage (NOV 1996) AGAR 452.236-72 Use Of Premises (NOV 1996) AGAR 452.236-73, Archaeological or Historic Sites (Feb 1988) AGAR 452.236-74, Control of Erosion, Sedimentation, and Pollution (Nov 1996) AGAR 452.237-74, Key Personnel (Feb 1988) AGAR 452.237-75, Restrictions Against Disclosure (Feb 1988) AGAR 452.237-76, Progress Reporting (FEB 1988)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021) 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; 41 U.S.C 4712 and 10 U.S.C 2409 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 Products and Commercial Services (MAY 2022) (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 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 and Other Covered Entities (Nov 2021) (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) 52.233-3, 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 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 (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

☐ (5) [Reserved].

☒ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☒ (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 (Sep 2021) (15 U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) 15 U.S.C. 657a).

☐ (13) [Reserved] ☒ (14) (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.

☐ (15) (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.

☒ (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 (Nov 2021) (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 2021) of 52.219-9.

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

☐ (ii) Alternate I (MAR 2020) of 52.219-13 ☒ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (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.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

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

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (DEVIATION JUL 2020) (E.O.13126).

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

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

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

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

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

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

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

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

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

☒ (35) (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).

☒ (36) 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.)

☐ (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.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

☒ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (DEVIATION JUL 2020) (41 U.S.C. chapter 83, 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), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 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).

☐ (52) 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. 2302 Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 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.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (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.

The Professional listed in the schedule of items are not subject to the SCA. Some ancillary employees assisting in the fulfilment of BPA call services may be subject to the most current SCA Wage determination This Statement is for Information Only: It is not a Wage Determination

☐ (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) 52.203-19, 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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. 2302 Note).

(xxi) 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.

(xxii) 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.

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.

(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.

52.246-4 Inspection of Services-Fixed-Price. (AUG 1996)

(a) Definition. “Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default. (End of clause)

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.

AGAR Clauses (Department of Agriculture Acquisition Regulations) 452.204-70 Modification for Contract Closeout (OCT 2021) 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 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 Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

9. PERIOD OF PERFORMANCE

BPA Period of Performance. The effective date of the BPA will be stipulated in the award document. The BPA period of performance concludes five years from the effective date of the BPA unless terminated by either the vendor or the Government with thirty (30) days written notice. Calls may only be issued during the BPA Period of Performance.

BPA Call Period of Performance. Call periods of performance cannot extend more than five years beyond the expiration of the BPA’s Period of Performance. Each RFQ will specify the period of performance for the resultant call.

10. INSURANCE COVERAGE

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

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes.