Request for Proposals.pdf
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- Solicitation number
- 1252B120R0001
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Other files
| File | Type | Posted |
|---|---|---|
| Request for Proposals.pdf | ||
| brownstown RD schedule of items.docx | DOCX document | |
| IDIQ_Road Maint_Hoosier_Tell City_PWS_QAP.docx | DOCX document | |
| TellCity RD Schedule of Items.docx | DOCX document | |
| IDIQ_Road Maint_Hoosier_Brownstown_PWS_QAP.docx | DOCX document | |
| Crawford Daviess Dubois Gibson Greene Jackson wage.docx | DOCX document | |
| monroe wage.docx | DOCX document | |
| DetailA.pdf | ||
| perry co wage.docx | DOCX document | |
| SpecialProjectSpecification_SPS_021518.doc | DOC document | |
| DetailB.pdf | ||
| construction wage.docx | DOCX document | |
| DetailC.pdf |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 52
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
1252B120R0001
DATE
12/9/19
a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/
7. FOR SOLICITATION Roger Manning calls) 812-275-5987 LOCAL TIME INFORMATION CALL: 01/07/20 11:00 a.m. e.s.t.
9. ISSUED BY CODE 10. THIS ACQUISITON IS
Hoosier National Forest UNRESTRICTED OR SET ASIDE:100 % SMALL BUS.
811 Constitution Ave EMERGING SMALL BUSINESS
Bedford, IN 47421 HUBZONE SMALL
NAICS: 237310 BUSINESS
SERVICE-DISABLED VETERAN- 8(A)
SIZE STANDARD: $36.5mil OWNED SMALL BUSINESS
11. DELIVERY FOR FOB
DESTINATION UNLESS BLOCK
IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED
ORDER UNDER DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/ CODE FACILITY
OFFEROR CODE
18a. PAYMENT WILL BE MADE BY CODE
IPP
TELEPHONE N0.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS
IN
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
OFFER IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Furnish all labor, materials, supervision, permits, tools, and equipment required to perform road maintenance and reconstruction on the Hoosier NF, Indiana.
Emailed submissions are preferred to:
roger.manning@usda.gov No fax submissions will be accepted.
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE
ATTACHED. ADDENDA
ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.
ADDENDA
ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
29. AWARD OF CONTRACT: REF. OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON
ANY
DATED .. YOUR OFFER ON SOLICITATION
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
TIN#_________________ DUNS#_________________ Are you registered is SAM? Y N
Email:______________________ Phone__________________ Fax____________ mailto:rkmanning@fs.fed.us
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
The Schedule of Items for both Ranger Districts are attached separately.
Pricing:
Any resultant contract awarded in response to this solicitation is considered a service-type contract. However, because some of the issued task orders will include minor or ancillary construction activities, both the Service Contract Act and Davis-Bacon wage determinations are included in the solicitation and any subsequent contract.
The contract line item (CLIN) pricing shaded in GREEN should be priced in accordance with the applicable Davis-Bacon wage determination.
The un-shaded CLIN pricing should be priced in accordance with the applicable Service Contract Act wage determination.
The Contractor-offered pricing is considered the maximum price for each CLIN. When task orders are competed, the Contractor can elect to offer less than the maximum CLIN price; however, this CLIN reduction is only in effect for that specific task order offer; and does not constitute a contractual change to original CLIN price.
The offeror’s prices for all line items should include all applicable overhead, profit and all burden costs such as, insurance, support costs, compliance with environmental laws, taxes, and protection of government property. If the work will be sub-contracted the price proposed should be inclusive of all costs involved with subcontracting the work.
The North American Industry Classification System (NAICS) code for this acquisition is 237310 and is set-aside for small businesses. Each period on the schedule is one year in length and the Base period begins on the date of contract award. Price will be evaluated by adding the total price for all 4 periods. Service rates and Davis Bacon Wage Determination apply to this acquisition.
Contractors may offer one or both Ranger Districts. Contractors must offer pricing for ALL items for the Ranger District they offer on. Failure to offer pricing on all items of a Ranger District, will render the offer as non-responsive and will not be considered.
BASIS OF AWARD: Evaluation factors other than price, when combined, are significantly more important than price in the award decision. Award(s) will be made to that offeror whose proposal contains the combination of those criteria offering the best value to the government. This will be determined by comparing differences in the value of non-cost features with differences in cost to the government. In making this comparison the government is more concerned with obtaining superior technical or management performance than with making an award at the lowest overall cost to the government. However, the government will not make an award at a significantly higher overall cost to the government to achieve slightly superior technical or management performance. Offers should be submitted initially on the most favorable terms, from a price and technical standpoint, which the Contractor can submit to the Government. The Government may, after evaluation of the proposals, conduct oral or written discussions as appropriate, however award may be made without discussions.
Failure to provide all information requested by the RFP may render the proposal as unacceptable.
1 Scope of Contact Contractor shall provide road/roadside maintenance, to include minor construction; as well as any ancillary work associated with the road/roadside maintenance, on the Hoosier National Forest, both the Tell City Ranger District, and the Brownstown Ranger District. Work will include, but is not limited to: mobilization, labor, supervision, expertise, services, equipment, tools, supplies, transportation, incidentals, permits (when and if required), as well as coordination with utilities. Performance on specific projects will be accomplished by the issuance of Task Orders (TO) against this Indefinite Delivery Indefinite Order (IDIQ) contract. The desired outcome of each TO shall be in strict accordance with the TO-specific specifications, drawings and other attachments; as well as in accordance with the contract terms and conditions. All TO work shall meet the criteria as indicated in the Performance Work Statement/Quality Assurance Plan (PWS/QAP). The Forest Service will use the PWS/QAP to evaluate the contactor’s performance on each TO, with incentives and/or disincentives applied; based on the Forest Service’s determination. The contractor’s TO performance may then be used as a non-price factor when competing future task orders.
2 Zones (Work Area Locations):
Tell City Ranger District – Counties: Majority of the work in Perry, Crawford, and Orange Counties, with minor amounts in eastern Dubois County (near Birdseye, IN) Brownstown Ranger District – Counties: Majority of the work in southeast Monroe, northeast and southwest Lawrence, northwest Jackson, southwest Brown, and northwest Orange Counties, with minor amounts in southeast Martin County.
3 Background:
The Tell City Ranger District has approximately 300 miles of roads, with 8 miles of two lane asphalt-surfaced roads and 10 miles of two lane aggregate-surfaced roads. The remaining 282 miles of road consist of single lane aggregate-surfaced roads and native surfaced roads. There are 6 bridge structures and 100+ gates on roads within the Tell City Ranger District. Typical roads contain an average of 1-3 culverts or drainage dips per mile, and 1 sign post per mile. Typical aggregate roads are ditched while native surfaced roads are out-sloped with drainage dips. Most roads are located in forested areas with moderate vegetation within the road corridor.
The Brownstown Ranger District has approximately 200 miles of roads, with 8 miles of two lane asphalt-surfaced roads and 10 miles of aggregate surfaced roads. The remaining 182 miles of road consist primarily of native surfaced roads. There are approximately 100 gates on roads within the Brownstown Ranger District.
Typical roads contain an average of 1-3 culverts or drainage dips per mile, and 1 sign post per mile. Typical aggregate roads are ditched while native surfaced roads are out-sloped with drainage dips. Most roads are located in forested areas with moderate vegetation within the road corridor.
4 Task Order Issuance:
The Forest Service will normally compete each TO amongst the group of IDIQ Contractors; however, the Forest Service can elect to issue a TO without competition. Reasons for not competing an order include: 1) meeting the contract minimum guarantee (base year only), 2) new work that ties directly with work previously completed by one of the IDIQ contractors, or 3) an emergency situation.
Each TO will list the tasks and the estimated quantities of those tasks that will be performed on the TO. In determining which contractor will be issued to the TO, the FS will consider price and may or may not consider previous TO performance; as well as any other factors indicated in the TO solicitation.
Task Order Submittals from each Vendor for each TO will include the following:
o Work Plan & Schedule – Provide start date, production schedule, completion date, labor and equipment list.
o Quality Control Plan – Demonstrate the ability to complete all tasks to the required Performance Quality Standards and/or Acceptable Quality Levels.
o Material Records – At a minimum, provide a copy of the material compliance certificates (Aggregate, post, culverts, etc.)
5 Applicable Wage Rates and Payrolls:
Because a portion of this work may involve minor construction, both the Service Contract Act wage rate determination and the Davis-Bacon wage rate determination are incorporated as part of this contract. As such, construction clauses area also incorporated in this contract. Minor construction work will be indicated in each TO solicitation. When minor construction work exists as part of a TO, submission of payrolls; in accordance with the Davis-Bacon requirements, will be required.
6 Bonding Because the majority of this contact work is service-type, the Forest Service is not requiring the submission of bonding or alternative payment protection.
7 General Notes:
1. Minor construction work shall be accomplished as shown in Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03), Special Project Specifications (SPS). Both “minor construction” and “road maintenance” projects shall have Work Descriptions and Drawings provided with each task order.
2. Contractor shall notify the Contracting Officer Representative (COR) at least 5 working days prior to and work being performed.
3. Pulling of ditches will not be tasked without clearing of vegetation if more than a few stems are present that are over 2” in diameter in the ditch line. New ditches will be constructed under pay item 0003.d.1, Excavation.
4. Grading under Items 0002.a.1 is to be accomplished using a motor grader, tractor with blade, or other approved method. Dozers are not permitted for this grading work.
5. Heavy Grading (Item 0002.a.3) will be called for where the road surface is in poor shape, the majority of the potholes are the full depth of the surfacing or over 4” deep in the native surface and work cannot be done using a motor grader. Roadway compaction will normally be done with hauling and placing equipment and is incidental to road work. If roller or sheep foot compaction is required it shall be done using Equipment rates. If aggregate base is required, it will be paid for under the aggregate pay items. The amount of aggregate base will be minimal and is not expected in the majority of situations.
6. Item 0002.a.1 will cover all grading on roads systems unless so noted as payment under Heavy Grading or Excavation pay items. Item 0002.a.2 Grading (Short Distance) was added if the task order has a short section of grading (under 1/3 mile) based on the required equipment needed to complete the project.
7. Road width tolerance will be +1’ of the width shown on the TO.
8. Compaction tests may be required on fills greater than three (3) feet in height and when designated on the Task Orders.
9. Placement of aggregate will be by tailgate spreading, tolerance for thickness will be + 0.5” of the depth as shown on the TO. Excess aggregate greater that 0.5” of the design thickness will not be paid for. Road base shall be approved in writing prior to placement of aggregate. Processing of aggregate includes spreading with dozer/grader, as needed to meet required widths and depth, and final surface grading. Placement shall be to the depth and width as shown on the TO. Placement will be uniform and to industry standards. Moisture in aggregate in excess of 7% by weight will not be paid for and a deduction will be made to account for the excess moisture content by weight. Compaction will be by spreading and hauling equipment unless otherwise stated.
10. Bedding for culverts with a diameter of 36” or greater is required and should be included in price for installation. Culvert bedding shall be approved by the FS prior to pipe installation. The FS shall be notified at least two (2) days prior to culvert installation.
11. Compaction and workability of surface is directly related to moisture content of material. If moisture content is insufficient to allow workability of aggregates and soil, the contractor will either wait until moisture content is sufficient due to weather conditions by scheduling work on the other items in the TO until the time moisture is received, or a water truck will be provided on an hourly basis.
12. All work as specified in the TO will be to the accepted industry standard for like work; everything else will be considered substandard. Continued substandard work will negatively impact the likelihood of additional optional years and will negatively impact your performance rating.
13. Work area shall be signed to warn users of work in progress. Signage shall meet MUTCD standards.
14. Damage to any part of the Stated, County, Federal, or Forest Service roads, roadway, and appurtenances caused by the contractor will be repaired at no cost to the government. Damage or destruction of survey markers, corner monuments damaged by the contractor shall be reset by a licensed surveyor at no cost to the government. FS will take all necessary means to located and mark survey monuments.
15. Mobilization includes transporting equipment and personal to the project site from the business location, signing of work areas, cleaning of all equipment, and all required permits.
16. All equipment, including transport vehicles, shall be cleaned of dirt, mud, and vegetation prior to use.
Equipment is to be approved by FS personnel prior to unloading from transport vehicle. Equipment shall be cleaned and re-inspected anytime it leaves the project and returns. Pickups and trucks shall also be kept clean of mud and vegetation.
8 Performance Based Service Contract (PBSC) Incentives/Disincentive Because this is a service-type contract, a Performance Work Statement (PWS)/Quality Assurance Plan (QAP), is incorporated. This PWS/QAP identifies certain incentives (bonuses) and disincentives (deducts) that will be applied to the original task order price, based on TO performance. On each TO, the Contractor can receive as incentive (bonus) of up to 4%, or have a maximum of 4% deducted from the original TO price only. Per the PWS/QAP, all CLIN work under fall into one of four categories (REQUIREMENT), either: 1) ROADWAY, 2) ROAD SURFACE, 3) DRAINAGE, or 4) EQUIPMENT TESTING AND LABOR. To receive 3% of the possible 4% incentive, all TO work: 1) must be completed within the performance period stated in the TO, with no remaining rework; 2) must be performed in such a way , that a Notice of Noncompliance is not issued, and
3) completed and had two of fewer CLIN rework items. For the final 1% (REQUIREMENT #4), the contractor’s equipment will be inspected for cleanliness and operated safely; with all hours of operation recorded and available for COR review. Accordingly, equal disincentives will be applied for failure to meet the aforementioned criteria.
The AQL Incentive/Disincentive determinations are made by the COR and are unilateral.
Because the total contract value may exceed $150,000, the Forest Service will be entering this TO performance data in the national Contractor Performance Assessment Reporting System (CSPARS).
9 Safety Plan The Contractor will provide a written safety plan which demonstrates that a safe work environment will be maintained. The safety plan should include at least the following: 1) An overview of the Contractor’s current safety program; 2) an overview of the Subcontractor’s current safety program (if subcontractors will be used);
3) documentation to substantiate that the contractor has an ongoing safety training program; ad 4) documentation regarding any Occupation Safety and Health Administration (OSHA) actions/citations issued within the last 3 years; to include follow-up measures or remedies taken by the Contractor.
The same safety plan information is also required of all proposed Subcontractors. Following contract award, the safety plan will be reviewed and then must be approved by the COR.
10 Contractor Obligations Inspections (Interim and Final): Upon written (or email) notification from the contractor, the Forest Service has five business days to conduct either an interim or final inspection.
Final Inspection: Contractor project schedule should indicate a final inspection date which is at least Fifteen
(15) business days prior to the official TO performance period end date. This time period will allow Five (5) business days for the COR to conduct the final inspection; Five (5) business days for the contractor to correct any and all rework items; and an additional Five (5) days for the COR to conduct a final re-inspection.
Failure to complete all work within the stated TO performance period and/or rework yet to be re-inspected and accepted by the COR prior to the stated TO performance period end date – will result in the project being considered as finished late. Contractor is required to then finish all work, to include all rework items – in delay.
Contractor shall receive Forest Service approval of all proposed subcontractors. Formal approval or disapproval will be provided in writing (or email).
If construction work is included in the task order, the contractor shall forward to the COR each week the payrolls, including the WH-347, for the prior week in accordance with the Department of Labor Davis-Bacon requirements.
The Contracting Officer or COR should be informed as soon as possible if any actions or inactions by either party, which could influence the TO performance period.
Except where noted, the quantities shown in the schedule are estimates and they apply to the Base Year as well as the Option Years. Payment will be based on the Actual Quantity (AQ) the contractor completes and the government accepts.
Special Project Specifications is attached seperatley.
1.1 Award of Contract:
The Government may award multiple contracts. At least one award may be made for each Ranger district identified below, or the Government may, at its discretion, make a single award.
Brownstown Ranger District Tell City Ranger District
Vendors may submit quotations for the Brownstown Ranger District or the Tell City Ranger District separately or they may provide a quotation for both Ranger Districts combined. To be considered for award, pricing for all items MUST be included in your quotation (either the Brownstown Ranger District or the Tell City Ranger District separately or both Ranger Districts combined)
Vendors shall enter a UNIT PRICE and AMOUNT for each PAY ITEM and TOTAL AMOUNTS for the BASE YEAR plus OPTION YEAR 1, OPTION YEAR 2, OPTION YEAR 3, and OPTION YEAR 4 where indicated on Schedule of Items. Some items are TBD and will be priced on individual Task Orders.
Mobilization - Mobilization consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site. Mobilization includes the obtaining of permits, insurance, and bonds. All equipment and trailers shall be washed with all mud, debris, weeds, grasses, and seeds removed prior to being allowed on the project. Equipment shall be cleaned of grasses, weeds, and seeds prior to leaving one dam area and moving to another. The Forest Service shall inspect all equipment prior to being unloaded off the transport vehicle.
The Contractor shall give the Forest Service a minimum of 48 hour notice prior to beginning any work.
Continuation of SF1449 Block 27: The full text of a Federal Acquisition Regulation (FAR) or Department of Agriculture Acquisition Regulation (AGAR) clause or provision may be accessed electronically at http://www.acquisition.gov/far/
CONTRACT CLAUSES
FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)
FAR 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 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.
http://www.acquisition.gov/far/ http://uscode.house.gov/
(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 items, 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.
52.212-4 Contract Terms and Conditions – Commercial Items (Deviation 2017-1) (OCT 2018) (Deviation 2017-1 modifies paragraph to remove reference to 41 U.S.C. 4712).
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items
(Deviation 2017-1) (OCT 2018)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(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.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.
4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section
1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_(3a) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower
Rights (April 2014) (41 USC 4712) (Deviation 2017-1) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31
U.S.C. 6101 note).
__ (5) [Reserved].
_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
__ (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 (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
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__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (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 (Aug 2018) (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 Nov 2016) of 52.219-9.
__ (v) Alternate IV (Aug 2018) of 52.219-9.
_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
__ (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 (Nov 2011) (15 U.S.C. 657 f).
_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small
Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
_X_ (34) 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.)
__ (35)(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.)
__(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O.
13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693)
__ (38)(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.
__ (39)(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.
__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
__ (41)(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.
_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693) __ (45)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (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, 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) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (48) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (50) 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).
__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C.
3332).
__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
_X_ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and
10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) 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.] _X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_X_ (4) 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).
__ (5) 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).
__ (6) 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).
__ (7) 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).
_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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, 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.
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