12444621Q0086 - Combined SS_or RFQ_07122021 - FINAL.docx

Solicitation Number:12444621Q0086

(v) Schedule of Items/Price Schedule Period of Performance is estimated to be from November 1, 2021 to October 31, 2023

Bessemer Ranger District

Watersmeet Ranger District

(vi) Description of Requirement (including a list of any attachments) Background Three (3) Common Stand Exam user guides, field manuals, and software are available from the following website: http://www.fs.fed.us/nrm/fsveg/index.shtml.

C.1 SCOPE

Work shall consist of locating, establishing, measuring and recording data for sample plots. The work performed and the data collected shall be in compliance with the terms, specifications, conditions and provisions of this solicitation, and the Common Stand Exam Users Guide, Version 2.12.6March2015, hereafter known as “CSE User Guide”. If the contract specifications differ from the CSE User Guide, the contract shall take precedence.

The Contractor shall furnish all personnel, materials, equipment, tools, supplies, transportation, supervision and incidentals to perform data collection work, except as otherwise provided by the Government.

C.1.2.1 This Contract Is A Service Contract.

C.1.2.2 Specific stand locations, and supplemental specifications for each project will be provided upon award.

C.1.3 LOCATION AND DESCRIPTION

This solicitation is for Common Stand Exams on the Ottawa National Forest. Project work areas can be found on the Project Area Maps. Compartment maps with stand boundary delineations will be provided with the Request for Quotation. Copies of aerial photos will be provided at the pre-work meeting.

C. 2 DEFINITIONS

The following are definitions that refer to data elements and attributes for collecting Common Stand Exam data.

Contracting Officer’s Representative (COR). The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer.

CSE (.cse) File. File format containing field data that has been created using Exams CE or Exams PC software. The file extension is .cse.

Ecological Land Type Phase (ELTP). An ecological map unit which is a subdivision of land type associations or groupings of land type phases that are areas of land with a distinct combination or combinations of natural, physical, chemical, and biological properties that cause it to respond in a predictable and relatively uniform manner to the application of given management practices.

Inspection. The actions taken by the Government to determine if contractor’s methods and data meet contract requirements. The methods for inspection and follow-up are described in the Section E.3 Acceptance and Re-work.

Inspection Block. The minimum area for inspection will be one compartment.

Microsites. Microsites are small areas atypical of the stand, such as wind-throw pockets, micro-drainage ways, seeps, well-rotted logs, or excessively rocky areas.

Navigation. Navigation is the process of traveling from one place to another and knowing where you are in relation to your desired course. Navigation is usually done using the compass and pacing method. Other methods must be approved by the COR.

PDR (.pdr) File. Personal Data Record is a file format containing template information that will be collected in the field. The file extension is .pdr. This file will be provided to the contractor by the Forest Service prior to the commencement of work.

Plot Data Form. The Plot Data form is used to collect data at the plot level and is independent of the information collected at the setting level. This data is collected individually for all sample plots in the stand.

Present. “Present” as applied to trees or large shrubs requires at least 10 individuals per acre, well scattered through the stand, not restricted to microsites. “Present” as applied to low shrubs and herbaceous plants requires scattered individuals throughout the stand, usually 5 or more individuals or clumps per 1/10th acre, not occurring on microsites.

Quality Assurance. The actions taken by the Government to assess the results to determine that they meet contract requirements. The methods for quality assurance are described in the Section E.3 Acceptance and Re-work.

Quality Control. Those actions taken by the contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality are described in the Contractor’s Quality Control Plan (QCP).

Sample Design Form. The Sample Design Form contains information about how the data was collected, which trees, shrubs and cover are measured, and how the measurements shall be converted to per-acre values.

Setting Form. The Setting Form in used to collect data that uniquely identifies each stand.

Stand. A stand is a community, particularly of trees, possessing sufficient uniformity as regards composition, age, spatial arrangement, or condition, to be distinguishable from adjacent communities, so forming a silvicultural or management entity.

Tree Data Form. The tree data form is used to record individual tree data collected on plots.

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C. 3 CONTRACTOR WORK REQUIREMENTS and STANDARDS C.3.1 General C.3.1.1 Qualifications The Contractor and all of the Contractor’s crew leaders performing work on this contract shall have the following minimum qualifications:

· A degree in Forestry or a minimum of 6 months experience collecting stand exam data.

· Be proficient in the interpretation of aerial photography and associated maps.

· Ability to distinguish between stand types both in the field and on aerial photographs.

· Knowledge in the use of hand held compass, pacing, and map measurements.

· Knowledge in the use of global positioning (GPS) units.

· Ability to accurately identify tree species.

· Knowledge of tree damage and defects

· Knowledge of common forest insect pests and diseases.

The Contractor shall designate crew leaders for each crew. A crew can consist of one or more individuals. The crew leader shall be the individual responsible for ensuring plot measurements are taken in accordance with the accuracy standards.

C.3.1.2 RATE OF PROGRESS

The Contractor shall maintain the rate of progress specified in the Contractor’s Plan of Operation.

C.3.1.3 ACCESS

The project area shall be accessed by State, County, or Forest roads. The Contractor shall be responsible for obtaining all necessary permission, through privately owned land, to gain access to stand locations.

The Forest Service assumes no obligation to plow snow or do special maintenance to keep roads open. Stands are accessible by some combination of 2 or 4-wheel-drive vehicles and foot travel. All vehicular use in conjunction with contract work is subject to the Ottawa National Forest Off-Road Vehicle Policy.

In cases where stands are behind closed roads, authorization for limited motorized use may be granted. All requests for motorized travel of closed roads must be submitted in writing to the COR for specific roads and specific periods of time.

C.3.2 CONTRACTOR FURNISHED UNIQUE SERVICES, ITEMS, PROPERTY

C.3.21 TASKS AND CRITICAL SUBTASKS

· Contractor shall submit a plan of operation for approval for completing data collection on each project bid item.

· Contractor shall collect data in accordance with the approved work plan.

· Contractor shall adjust stand boundaries as needed.

· Contractor shall record accurate plot locations with a GPS unit.

· Contractor shall collect data in accordance with the contract, CSE User Guide, R9 Appendices, and CSE R9 Field Guide.

· Contractor may collect the plot data with a portable data recorder using ExamsCE software, or may collect the plot data on paper forms and enter the data into a PC using ExamsPC software.

· Contractor shall provide plot data in an electronic format, with a paper printout of the electronic data.

C.3.3 PLOT LOCATION AND ESTABLISHMENT

C.3.3.1 LOCATING STANDS TO BE EXAMINED

1. The Government will furnish to the contractor a list of stands by compartment and stand number with maps, showing the boundaries of the stands to be examined.

Initial aerial photo interpretation and stand delineation has been completed by the Government prior to contract work. Preliminary stand delineation from the aerial photographs is generally based on ecological land type phase (ELTP), forest types, size/density, roads, streams, trails, previous stand data, and other factors affecting management.

2. During field examination, stand boundaries may need to be refined by the Contractor based on differences in forest type, size, and density of forest vegetation, stand age, and other factors encountered which would affect management decisions

C.3.3.2 PLOT LOCATION AND NUMBER

The acres and the number of plots for each stand will be provided by the Government. The contractor shall locate plots using the Unbiased Systematic Sample grid method (as described in the Common Stand Exam User Guide, Chapter 2). Sample plots shall be distributed evenly throughout the stand. Plot locations must be approved by the COR prior to collecting data.

When additional stands are broken out of the originally delineated stand by the Contractor, the number of plots will be based on the acreage for each stand and the amount of variability in each stand. New forested stands must be at least 10 acres in size. The additional plots will not vary by more than 10% of the original total number of plots in the contract without prior COR approval.

The following general guideline shall be used to determine the number of sample plots in each new stand:

The variability within a stand shall also be considered when determining the number of plots to place in a stand. A more diverse stand would normally require more plots than an equal size homogeneous stand to obtain the same sampling error. For example, a northern hardwood stand would normally require more plots than a red pine plantation of the same acreage.

The Contractor shall establish travel routes and plot locations on an acetate overlay of the photo(s) for each stand examined. The starting point, the azimuth, and the distance in chains between plots will be shown on the acetate overlay(s) for the stand. Plots will be numbered consecutively within stands in the order examined according to the indicated route of travel. The distance between sample locations should not be less than three chains where possible. No plot center shall be located closer than 1 chain from the stand boundary. Plot center locations shall be adjusted if necessary to avoid obvious non-forested inclusions such as roads, log landings, or vernal ponds. If the plot location falls in a non-forested inclusion, the plot should be moved back 1 chain along the current travel route. If the plot would still be within the inclusion, move the plot one chain 90 degrees clockwise from the current travel route.

Stand Travel Route Establishment

1. The Contractor shall establish a travel route prior to entering a stand for sampling.

2. The Unbiased Systematic Sample method (as described in the CSE User Guide, Chapter 2) will be used to establish the travel routes in the stand. The Government will supply the number of plots in each stand. Plot intervals shall be referenced in chains (1chain = 66 feet). Identify plot locations by number. Maintain a record of the travel routes and plot locations on an acetate overlay.

3. Reference Point: Travel routes will be started from a reference point. The reference point (RP) must be easily identified on the photo and on the ground. The RP to the first plot in the stand shall be marked with two lengths of flagging. Write the compartment number and stand number on one of the pieces of flagging using a waterproof marker.

4. Navigation to the plots shall be done using the compass and pace method, or another method approved by the COR. Plots shall be located on the ground according to the aerial photo location. Acceptable error is +/- 10% of the distance between each plot or an azimuth error of +/- 5 degrees between each plot, and the plot is at least 1 chain within the stand boundary.

C.3.3.3 PLOT CENTER ESTABLISHMENT

Sample plot centers will be identified on the ground using a cut shrub, pin flag, or stake set firmly in the ground. The plot center shall be the point where the stake intersects the ground. Materials the Contractor uses to locate and mark plots shall be durable, which will last through all environmental conditions until inspections are completed. Flagging shall be tied on the stake to mark the plot. Tie another 18-24 inch length of flagging to a tree or branch at eye level near the plot center. Write the stand number and plot number on this flagging using a permanent marker. The Contractor shall provide colored flagging that is acceptable to the Government. The color will be determined at the pre-work meeting.

The Contractor shall record the latitude and longitude coordinates at each plot location with a global positioning system (GPS). The Datum shall be NAD 27. The GPS unit should remain stationary for four minutes, or until a minimum of 180 satellite hits (PLGR) have been acquired.

C.3.4 COMMON STAND EXAM

C.4.4.1 The Contractor shall locate, establish, measure and record data using a variable and fixed radius subplot that shall be taken at each designated sample plot. CSE data shall be collected and recorded in accordance with the CSE Users Guide or the CSE Region 9 Field Guide (CSE Field Guide) unless specifically modified by this contract. The Contractor shall collect data necessary to complete the following forms: Sample Design Form, Setting Form, Plot Form, and Tree Data form.

C.3.4.2 The Contractor shall use appropriate codes in accordance with the CSE User Guide.

C.3.4.3 The Contractor shall limit Insect and Disease identification to those agents, pests and diseases listed in Appendix L: Damage Categories, Agents and Severity Ratings found in the CSE User Guide.

C.3.5 Data Collection The following tables demonstrate the required fields for each form that is to be collected and recorded. All data shall be taken in accordance with the CSE Field Guide. An “X” in the Exam Level column indicates the required fields for this solicitation.

C.3.5.1 SETTING FORM

The Setting Form shall be used to record stand measurements, stand comments, sample plot locations, as well as design parameters and references.

Field Name Exam Level Quick Plot

Data Source

Contractor

District

C.3.5.2 SAMPLE DESIGN

The Sample Design Form shall be used to record design parameters. The following Sample Design shall be used for all stands. The BAF expansion factor may vary for individual projects or stands.

Form Type

Specific project supplemental specifications will list the BAF expansion factors to use to sample all live and dead trees 5.0 inches DBH and greater for each stand. When the expansion factors are not stated, the Contractor shall select the BAF expansion factors to sample the appropriate number of trees in each stand. The same BAF expansion factor must be used for all plots throughout the stand.

When the Contractor determines the BAF expansion factor, a minimum average of 5.0 trees per plot (5.0 inches DBH and greater) must be obtained on the variable plot for the stand. The allowable BAF factors are 10, 15, and 20. If a BAF of 10 is used, the 5.0 trees per plot average will be waived.

The Contractor shall use a 1/300 acre (6.8 feet radius) fixed plot to sample all live trees 0.1 to 4.99 inches DBH. Seedlings shall not be recorded.

C.3.5.3 PLOT DATA FORM

A Plot Data Form is required for each stand. Once a minimum of 180 satellite hits (PLGR) have been acquired, or the GPS unit has been held over the plot for at least four minutes, the Contractor shall enter the latitude and longitude values in fields 2 and 3 on the Plot Data form.

Contractor

C.3.5.3 TREE DATA FORM

The Tree Data Form shall be used to record tree measurement information. The Contractor shall use the following criteria for selecting trees:

· The Contractor shall use a Basal Area Factor (BAF) prism to tally trees all live and dead conifer and deciduous trees ≥ 5.0” DBH for each stand.

· The Contractor shall install a 1/300 acre fixed subplot to tally all live conifer and deciduous trees 0.1” DBH to 4.99" DBH.

· The Contractor shall begin recording standing tree data at azimuth of 360 degrees (Due North), progressing in a clockwise direction around plot center. Trees will be recorded in the following order:

*For dead trees (snags), give an ocular estimate of the tree height.

For Site Trees, height should be measured to the nearest foot.

Tree Status The following tree class codes shall be used.

Site/Growth Trees A minimum of one-site tree shall be recorded per stand. To facilitate inspection, all Site Trees shall be marked with flagging tied to the tree and labeled with the tree number, plot number, and “S” for site tree. A distance and azimuth from the nearest plot center shall be provided for off-plot site trees

Tree Species Tree species shall be limited to the list included in Appendix H of the CSE User Guide.

Tree Count Trees ≤ 4.9” DBH may be grouped by DBH class, species, and damage category. Trees ≥ 5.0” DBH shall be tallied individually.

DBH

The following size classes shall be used.

The DBH accuracy standard is +/- 10 %. For example, if a tree actually measures 8.0 the acceptable range would be from 7.2 to 8.8. In this case, code 8.0 would be the only correct entry. In another example, if a tree measured 7.5 the acceptable range would be from 6.75 to 8.25. In this case, either a 6 code or an 8 code would be counted as a correct entry.

Log/Snag Decay Use the codes in Chapter 4, 4-98 of the CSE User Guide.

User Field Enter Tree Class in this field. Use the codes in Chapter 4, 4-71 of the CSE User Guide. The first two characters of this field shall be “TC” (Tree Class) followed by one of the Tree Class codes. For example, “TCAC” denotes a tree class of acceptable. Tree Class shall be recorded for each count tree on the variable plot. No Tree Class is required for trees <5.0 inches DBH.

C.3.6 WORK PLAN AND SCHEDULE

The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period described in individual orders. The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedules will be provided after issuance of a task order, but before start of work.

The Contractor shall advise the Contracting Officer or COR of any periods that the Contractor will not be working that is not specified in the accepted Work Plan.

The Contractor may update the work plan when work is in progress and the Contracting Officer may accept the updated work plan.

C.4 PERFORMANCE REQUIREMENTS SUMMARY

The following describes the major items in this solicitation with the performance requirements for the work described.

Common Stand Exam Data Collection

If any Form Score > 20%, or if Total Score > 10%, inspection block is unacceptable and returned for rework.

Work Plan and Schedule

C.5 PRE-WORK CONFERENCE

A pre-work conference will be scheduled and completed with the contractor after award and prior to the commencement of work.

ATTACHMENTS:

Attachment A – Vicinity Map (sites 1-11) Attachment B1-B4 – Maps with Stand and Plot Information Attachment C – Experience Questionnaire Attachment D – Wage Determination

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location All work is to be performed on the Ottawa National Forest in the Bessemer and Watersmeet Ranger Districts Period of Performance is estimated to be from November 1, 2021 to October 31, 2023.

(viii) 52.212-1 Instructions to Offerors – Commercial Items (JUL 2021) (Provision) Addenda to provision 52.212-1:

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

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

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

3) Submit offer by email to Fay Chiappone at fay.chiappone@usda.gov Submit by September 20, 2021 by 10:00AM (CDT) Offer must be delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal (consisting of the Experience Questionnaire), Price Proposal, and Representations and Certifications) in Microsoft Word 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 fay.chiappone@usda.gov.

4) Address questions about this solicitation to Fay Chiappone at fay.chiappone@usda.gov.

(ix) 52.212-2 Evaluation – Commercial Items (OCT 2014) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical (Information from experience questionnaire) Past Performance on similar contracts Price Technical and past performance, when combined, are weighted equally with pricing.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) 52.212-3 Offeror Representations and Certifications – Commercial Items (FEB 2021) (DEVIATION JUL 2020) (Provision)

(xi) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) Addenda to 52.212-4:

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JUL 2021) (DEVIATION JUN 2020, DEVIATION JUL 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (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. (Jun 2020) (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 (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C.657a).

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

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C. 657a).

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

☐ (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 (Jun 2020) (15 U.S.C. 637(d)(4)).

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

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

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

☐ (v) Alternate IV (Jun 2020) of 52.219-9.

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

☐ (ii) Alternate I (MAR 2020) of 52.219-13 ☐ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C.637(a)(14)).

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C. 637(m)).

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

☐ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) [DEVIATION JUN 2020](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 2020) (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 (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

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

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

☒ (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 (Jan 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 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 (May 2014) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (May 2014) 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 Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (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 (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Feb 2006) 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 items:

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

☐ (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 Under Executive Order 13658 (Nov 2020).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 items. 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 (Jun 2020) (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 (Jul 2018) (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 (Oct 2020) (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 (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 (Feb 2006) (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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(xiii) Additional Requirements/Terms and Conditions:

Clauses:

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

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(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…