12639523Q0059pdf.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

CODE 16. ADMINISTERED BYCODE

X

X

562119

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/31/2023 1500 ET

01/23/2023

919-855-7003LATISHA HOLLMAN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639523Q0059

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 51 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$38.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available

The government intends to award a firm-fixed price, economic price adjustment, Indefinite Delivery, Indefinite Quantity (IDIQ) contract with a 5-year ordering period as a result of this solicitation.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

LATISHA A. HOLLMAN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

Safety Occupational Health Specialist

USDA APHIS

1920 North Dayton Ave Ames, IA 50010

Vendor:

Address:

uieSAM:

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform

(IPP).

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 03/01/2023 to 02/28/2028

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

51 2 of

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Instruction to Quoters

Solicitation 12639523Q0059 is for Waste Pick Up and Disposal. The U.S. Department of Agriculture Animal Plant Health Inspection Services (APHIS) intends to award a firm fixed- price indefinite quantity commercial service contract for the removal and disposal of Regulated Medical Waste (Sharps), for their facilities located at 1920 Dayton Avenue, Ames, IA 50010.

This solicitation is being set aside for small business. The applicable NAICS code 562119 – Other Waste Collection $38.50

The government intends to award a firm-fixed price, economic price adjustment, Indefinite Delivery, Indefinite Quantity (IDIQ) contract with a 5-year ordering period as a result of this solicitation.

In order for a contractor to have a complete package, the following must be submitted to the Contracting Officer before solicitation close date to be considered acceptable:

1. Signed SF1449 Form

2. Filled out Price Schedule. Alternate price schedules will not be allowed. Please read through price schedule notes.

Fill out all highlighted areas on the price schedule. Incomplete price schedules will not be considered for award.

3. A copy of active SAM registration

4. Three Past Performance references with contract numbers with this agency or similar scope of work with federal/state/local entities. If there are no past performance information available, please indicate on quote.

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THE SCHEDULE

The United States Department of Agriculture (USDA), Animal Plant Health Inspection Service (APHIS), Ames, IA, has a requirement for Waste Management Pick Up and Disposal. Contractor shall provide all personnel, supervision, transportation, material, and equipment, described in the statement of work, to perform the required services

BASE CONTRACT PERIOD: Date of Award through, February 28, 2024

Item Description of Service Quantity Unit Unit Price Total

01 Waste Pick Up and Disposal in 12 Month accordance with the statement of work*

OPTION PERIOD ONE: March 1, 2024, through February 28, 2025

Item Description of Service Quantity Unit Unit Price Total

02 Waste Pick Up and Disposal in 12 Month accordance with the statement of work*

OPTION PERIOD TWO: March 1, 2025, through February 28, 2026

Item Description of Service Quantity Unit Unit Price Total

03 Waste Pick Up and Disposal in 12 Month accordance with the statement of work*

OPTION PERIOD THREE: March 1, 2026, through February 28, 2027

Item Description of Service Quantity Unit Unit Price Total

04 Waste Pick Up and Disposal in 12 Month accordance with the statement of work*

OPTION PERIOD FOUR: March 1, 2027, Year through February 28, 2028

Item Description of Service Quantity Unit Unit Price Total

05 Waste Pick Up and Disposal in 12 Month accordance with the statement of work*

TOTAL OF ALL CLINS $

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PART I - STATEMENT OF WORK – Waste Management Services

The U.S. Department of Agriculture Animal Plant Health Inspection Services (APHIS) intends to award a firm fixed-price indefinite quantity commercial service contract for the removal and disposal of Regulated Medical Waste (Sharps), for their facilities located at 1920 Dayton Avenue, Ames, IA 50010.

This will be a firm fixed priced indefinite quantity commercial service contract for a base year and 4 option years.

Service to include any and all costs but not limited to: Overhead, general and administrative costs, profit, transportation, licensing and permitting costs.

Transportation of the Regulated Medical Waste must be done in accordance with all applicable federal, state and local regulations. A current copy of the Hazardous Waste Transporter license must be provided to the Contracting Officer.

The contractor is to provide the disposal records (manifest) to the COTR.

Transportation containers for holding the sharps containers are to be provided by the contractor in sufficient size and number. The current amount of sharps generated monthly fills 10 to 12 – 150 gallon transport containers; this quantity is not expected to substantially change over the next 5 years.

Regulated Medical Waste pickups are to occur no less than twice a month. Pickups shall take place during normal business days Monday through Friday between the hours of 8:00 am and 4:30 pm, excluding federal holidays. If a routine pickup schedule is not established, then the contractor will contact the Technical Point of Contact listed below to coordinate pickups.

REQUIREMENTS:

The Contractor shall provide all labor, materials, and equipment for collection, storage, transportation, treatment and/or disposal of all biomedical waste generated from APHIS programs. It is anticipated that pickups will be made primarily from any APHIS locations throughout the United States, as directed by the COR.

THE CONTRACTOR MUSTCOMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS GOVERNING THE HANDLING, PACKAGING, LABELING, STORING, TRANSPORTATION, TREATMENT, AND DISPOSAL OF

BIOMEDICAL WASTE.

Failure to comply with all applicable Federal, State, and local biomedical waste regulations may result in the termination of this contract, and appropriate reimbursement for damages will be sought by the Government.

The Government will not be liable to the Contractor for the cleanup of spills, accidental releases to the public and the environment caused by the Contractor or their Subcontractor.

These biomedical wastes shall be transported, stored, treated, and/or disposed of by the Contractor in a permitted facility. The Contractor shall monitor, maintain, and remove any materials, waste (by-products), etc., generated as a result of work performed in accordance with this contract. All such activities must be performed in accordance with applicable Federal, State, and local regulations. The Contractor shall provide to the CO or COR the required licenses and training certificates for all of its employees who perform such activities including subcontractors.

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The Contractor shall furnish to the indicated APHIS facilities containers, packaging materials, labels, and instructions, and shipping documentation meeting DOT Transportation shipping specifications. A list of biomedical waste generated at APHIS facilities is included in Enclosure 1. This list may not be all-inclusive, but it includes the Government's best knowledge of current biomedical wastes to be collected and handled at the time of the development of this SOW. It is noticed that the number and locations of these pickup facilities and the quantity of these waste generated may change during the period of this contract according to the change of APHIS missions.

Packing Materials and Shipping Containers. The Contractor shall provide to the designated APHIS facilities containers, packing materials, and shipping containers that are in compliance with DOT requirements for storing, handling, and transporting biomedical waste for treatment and disposal. All containers for sharps shall be leak-proof, rigid, puncture-resistant, break-resistant, labeled and can be tightly lidded during storage, handling and transport.

Disposal bags shall be leak-proof plastic bags strong enough to prevent ripping, tearing, breaking, or bursting under normal conditions of use. Leak-proof containers such as disposal pails, drums, or bins shall be provided for waste storage and transport. All containers, packing materials and shipping containers furnished by the Contractor shall be new unless reclaimed materials or shipping containers have been specifically approved by the COR in writing.

Waste Packaging and Labeling. The Contractor shall provide packaging labels and instructions to the facilities, which describe the waste classification, segregation, packaging, maximum weights, proper sealing/closure of inner bags and outer containers, proper packaging of sharps, and proper labeling. The packaging and labeling instruction shall comply with the DOT, state, and local requirements.

Each waste container is labeled by the Contractor. The earliest pickup date of the containers to be shipped shall be clearly written with indelible ink or waterproof paint on the outer surface of the transportation container.

The Contractor shall assign and affix a unique set of numbers to be placed on the container used to transport biomedical waste. These numbers shall be written on one-inch high characters on the container with indelible ink or waterproof paint prior to shipment.

Pickup Procedures. Regulated Medical Waste pickups are to occur no less than once a month. Pickups shall take place during normal business days, Monday through Friday, between the hours of 8:00 AM and 4:30 PM, excluding federal holidays. If a routine pickup schedule is not established, then the contractor will contact the Technical Point of Contact listed below to coordinate pickups.

The Contractor's personnel shall wear all protective clothing and equipment necessary to handle and transport waste safely and prevent damage or spillage of contents. All biomedical waste shall be picked up and removed from the facilities. The only exception to this rule shall be if, in the opinion of the Contractor, the waste to be picked up presents an imminent hazard to the public or environment, and then the Contractor shall notify the COR and Facility Manager or their designee immediately.

At the pickup location, the Contractor shall ensure that the waste to be picked up is properly packaged and containers properly labeled with UN number or identification number, proper shipping name, Class or Division, packing group if required, and quantity, and marked with the international biohazard symbol and the word “Biohazard” to comply with Federal, State, and local regulations. If violation is found, the Contractor shall immediately notify the COR and the Facility Manager or their designee for corrective action. The Contractor shall make a reasonable attempt to have the situation corrected so that the wastes can be safely handled and removed from the facility.

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The Contractor shall not pick up hazardous and radioactive wastes and any othermaterial that is not labeled as biomedical waste.

Accumulation Area Upkeep The Contractor shall be responsible for keeping the Accumulation Area neat, clean and orderly after picking up the waste. Any spill that occurs during waste pickup shall be cleaned up and the area shall be disinfected by the Contractor at its own cost. If any facility problems are identified, they shall be promptly reported to the COR the same day. The Facility Manager, or their designee, will ensure that the problem is resolved as soon as possible.

Waste Transportation, Storage, and Treatment and/or Disposal. The Contractor shall provide transportation, storage, treatment and/or disposal (TSTD) of all biomedical waste collected from APHIS facilities in accordance with applicable Federal, State, and local regulations. All transporters and transfer, storage, treatment and disposal facilities that the Contractor proposes to use will be identified in the cost proposal. The contractor will certify that the TSTD are permitted, do not have any Notice of Violations or corrective actions levied against them from Federal and State authorities, and are capable of properly handling APHIS waste.

APHIS reserves the right to discontinue use of TSTD. The CO may notify the Contractor to cease use of any transporter, and transfer, storage, treatment, or disposal facility for APHIS waste when such action is deemed necessary in the interests of the Government. The Contractor shall immediately comply with such notice without interruption of disposition services.

Shipping Documentation. The Contractor shall properly complete for the APHIS facility all shipping paper required for waste transportation, treatment, and/or disposal. All shipping information shall be neatly printed or typed and minimally contain the information required by applicable Federal, State, and local biomedical waste regulations.

Prior to removing waste from any APHIS facility, the Contractor shall notify the Facility Manager, or their designee.

The Facility Manager or their designee will authorize all removal of waste from APHIS facilities. Such authorization shall be made by signing the generator portion of the shipping paper. This signature must be acquired by the Contractor before waste can be transported over public roads. A copy of the signed shipping paper shall be provided to the Facility Manager, or their designee.

Reporting and Record Keeping. The Contractor shall properly complete for the APHIS facility all waste generator reports if required by the regulatory agency or jurisdiction. A copy of the report shall be reviewed and approved by the COR before regulatory submittal.

The Contractor shall submit a report to the CO and COR annually summarizing the biomedical waste management activities for APHIS facilities, including types and quantities of waste collected from each facility, waste handling and transportation, methods of treatment, and disposal facilities.

The Contractor shall retain the copies of shipping paper and the reports during the period of this contract or longer if required to comply with all Federal, State, or local requirements. All these documents shall be returned to the Government at the end of this contract.

OTHER SERVICES:

1. Regulatory Compliance. The Contractor shall demonstrate the willingness and capability to remain in compliance as new and additional legal requirements are promulgated by Federal, State, and local regulatory agencies, as well as those implemented by APHIS.

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2. Additional Pickup. Occasionally, additional pickups outside of the scheduled frequency may be required. If requested by the CO, the Contractor shall provide a cost estimate for additional pickups. Upon receiving the CO’s approval in writing, the Contractor must be able to provide immediate pickup service within two(2) weeks.

3. Change of Pick up Locations. As a mission is accomplished or a new program is initiated in APHIS, the locations, and numbers of pickup facilities for biomedical waste may change. The Contractor shall be able to adapt to the change and provide pickup service as needed. If requested by the CO, the Contractor shall provide a cost estimate for each proposed change. The cost estimate must be approved, in writing, by the CO before services are provided by the Contractor.

4. Customer Assistance. Upon request of the COR, the Contractor shall provide prompt assistance (within 24 hours) to the COR in clarifying legal, procedural, or invoicing requirements. Clarifications may be required at any time during the term of this contract.

5. Accident Reporting. All releases, employee exposures, occupationally related illnesses and injuries, or other unusual occurrences that take place in connection with activities associated with this contract shall be promptly reported to the COR, and all required official notifications to Federal, State, and local agencies concerning emergencies, spills or releases which occur on APHIS facilities or in any mode of transportation.

GOVERNMENT-FURNISHED PROPERTY AND SERVICES: None.

SCHEDULE OF DELIVERABLE / PRICING:

The Contractor shall submit an Annual Biomedical Waste Management Summary Report to the CO and COR at the end of this contract period.

PERIOD OF PERFORMANCE:

This IDIQ is effective from date of issuance through 5 years.

IDIQ Ceiling

Total cumulative value of delivery orders issued under this IDIQ shall not exceed $75,000. The minimum order amount guaranteed under this IDIQ is $100.00.

INDIVIDUALS AUTHORIZED TO PLACE ORDERS

The following individuals and/or organizational component are authorized to place delivery orders:

1. Only a contracting officer is authorized to place orders against this IDIQ.

PLACES OF PERFORMANCE:

Safety Occupational Health Specialist

USDA APHIS

1920 North Dayton Ave Ames, IA 50010

Government Roles and Responsibilities:

The Contracting Officer's Representative responsible for overseeing this contract is

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Contract Administration:

Latisha Hollman

USDA APHIS, ASD

Contracting Specialist 612-336-3221 (Phone) 612-336-3554 (Fax) Latisha.a.hollman@usda.gov

Technical Point of Contact Rich Stammer Safety Occupational Health Specialist

USDA APHIS

1920 North Dayton Ave Ames, IA 50010 Voice: 515-337-7344 Cell: 515-450-2246 Email: Richard.H.Stammer@usda.gov

A. INVOICES

USDA uses the Invoice Processing Platform (IPP) for electronic submission and tracking of purchase orders, invoices, and payment information to its suppliers of goods and services:

Enroll at https://ipp.gov. The IPP is a government-wide secure web-based invoice processing service offered free of charge to government agencies and their suppliers by the U.S.

Department of Treasury’s Financial Management Service (FMS).

Upon contract award, you will receive a notification of your one-time enrollment requirement in an automatic invoice payment notification system available through IPP. This one-time enrollment in IPP means that you will receive a series of e-mails from Treasury services.

Contractors must submit invoices and attach all supporting documentation as required within one month after completion of services provided. The COR will review the supporting documents before submitting/approving invoices in IPP. If supporting documentation is not provided the invoice will be rejected and the lab notified that they must submit supporting documentation.

Noncompliance of terms and conditions outlined in this performance work statement will be reported to the Contracting Officer and may result in remedial action or possible termination of the contract.

Safety and Security Requirements

a. In accordance with the USDA regulations, all contractor personnel performing work under this contract will be required to have a Background Investigation (BI) with no less than favorably adjudicated returned results. The BI will be required prior to starting work under this contract as well as maintaining it throughout the duration of the contract. The CONTRACTOR shall provide only fully qualified and mailto:Latisha.a.hollman@usda.gov mailto:Richard.H.Stammer@usda.gov https://ipp.gov/

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b. The USDA, APHIS will pay for the required background investigations. The government shall have and exercise full and complete control over granting, denying, withholding, or termination the background investigation clearance for employees.

c. Once approved and working under the contract, contractor personnel shall not be removed or diverted from the contract without prior notification to the designated USDA, APHIS, WS representative or Contracting Officer. The Contracting Officer Representative (COR) will work with HR Classification to determine the level of background investigation for those prime and/or subcontractor employees consistent with those position sensitivity designations in the Homeland Security Presidential Directive (HSPD) 12. The level of background investigation required will depend upon the work of the position and the duties performed. APHIS will determine the appropriate type of BI required under this contract.

d. The contractor shall not employ persons for work on this contract if such employee is considered by APHIS to be a potential threat to health, safety, general well-being or operational mission of USDA and its employees. If the Contracting Officer or COR finds a prospective employee to be unsuitable for his or her assigned duties, the contractor will be advised immediately that such employee cannot continue to work or be assigned to work under the contract.

(1) Contractors shall comply with the personal identity verification (PIV) policies and procedures established by the AGAR Advisory No. 81, Revision 03 dated July 19, 2010 – Common Identification Standard for Contractors. In addition, procedures to be followed by contractors and contractor employees are specified in the Departmental Regulation and Departmental Manual (DM) 4620-002.

(2) The Contractor shall provide to the USDA PIV Sponsor and the Personnel Security Specialist listed below, a list of all contractor and subcontractor employees full name, job title, employer (prime or subcontractor), contract number, performance period and/or the days employee is expected to provide services under this contract for the base year and each period of performance, if applicable, and information on OPM’s background investigation or clearance conducted by the prime or subcontractor and that contractor employees pass the background check.

(3) The Contracting Officer Representative will assist the contractor, where practical, with the background investigation process and the associated paperwork. Where necessary they will provide contractor information to the security personnel and provide information and documents to the contractor. The Contractor shall take full responsibility to ensure that prime and subcontractor employees who require a background investigation complete and submit the proper forms in a timely manner. You can obtain these forms and further guidance from the Personnel Security Specialist who oversees the investigation process for contractors:

USDA, APHIS, MRPBS, HRD

Attn: Security Specialist - Contractors 250 Marquette Ave, Suite 410 Minneapolis, MN 55401 Phone: (612) 336-3294

(4) For further information and reference on the USDA personnel security requirements please see the document entitled Agar Advisory 81 entitled “Common Identification Standard for Contractors” at http://www.dm.usda.gov/pdsd/bulletin04-02.pdf

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Wage Determination and Labor Rates

The Department of Labor Service Contract Act applies to this contract.

Task orders will specify the applicable wage determination for the ordering period.

The contractor will be responsible for obtaining the proper wage determination for the location where the work will be performed. The SCA wage determinations can be found at:

http://www.wdol.gov/. Please contact the contracting officer if you need assistance in obtaining the wage determination.

Attachments

Attachment One – Dept. of Labor Service Contract Act Wage Determination

PART II – 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): http://farsite.hill.af.mil

52.204-13 System for Award Management Maintenance. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business. Dec 2013 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2021

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial (Oct 2022)

(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).

http://www.wdol.gov/ http://farsite.hill.af.mil/

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(6) 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 products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 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.)

_X_ (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).

_X_ (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. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (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 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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 (Oct 2022) ( 15 U.S.C. 637s).

__ (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 (Oct 2022) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 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 (Oct 2022) ( 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 (Oct 2022) ( 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)).

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

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

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

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

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

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

_X_ (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.

_X_ (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.

_X_ (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).

_X_ (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. chapter 78 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 (Jun2014) 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.

_X_ (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 (Jun2016) (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.

_X_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

_X_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Oct 2022) ( 41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

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

_X_ (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).

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__ (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. 2302Note).

__ (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 (Nov2007) ( 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)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 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. chapter67).

__ (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).

__ (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) ( 29U.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

15 | P a g e 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).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(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-

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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.

(End of clause)

52.216-18 Ordering. (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Feb. 2022 through Jan. 2028.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

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

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

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

(End of clause)

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55.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after February, 2028.

(End of clause)

52.245-9 Use and Charges. (Apr 2012)

(a) Definitions. Definitions applicable to this contract are provided in the clause at 52.245-1, Government Property. Additional definitions as used in this clause include:

Rental period means the calendar period during which Government property is made available for nongovernmental purposes.

Rental time means the number of hours, to the nearest whole hour, rented property is actually used for nongovernmental purposes. It includes time to set up the property for such purposes, perform required maintenance, and restore the property to its condition prior to rental (less normal wear and tear).

(b) Use of Government property. The Contractor may use the Government property without charge in the performance of-

(1) Contracts with the Government that specifically authorize such use without charge;

(2) Subcontracts of any tier under Government prime contracts if the Contracting Officer having cognizance of the prime contract-

(i) Approves a subcontract specifically authorizing such use; or

(ii) Otherwise authorizes such use in writing; and

(3) Other work, if the Contracting Officer specifically authorizes in writing use without charge for such work.

(c) Rental. If granted written permission by the Contracting Officer, or if it is specifically provided for in the Schedule, the Contractor may use the Government property (except material) for a rental fee for work other than that provided in paragraph (b) of this clause. Authorizing such use of the Government property does not waive any rights of the Government to terminate the Contractor’s right to use the Government property. The rental fee shall be determined in accordance with the following paragraphs.

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(d) General. (1) Rental requests shall be submitted to the Administrative Contracting Officer (ACO), identify the property for which rental is requested, propose a rental period, and compute an estimated rental charge by using the Contractor’s best estimate of rental time in the formulae described in paragraph (e) of this clause.

(2) The Contractor shall not use Government property for nongovernmental purposes, including Independent Research and Development, until a rental charge for real property, or estimated rental charge for other property, is agreed upon. Rented property shall be used only on a non-interference basis.

(e) Rental charge.- (1) Real property and associated fixtures. (i) The Contractor shall obtain, at its expense, a property appraisal from an independent licensed, accredited, or certified appraiser that computes a monthly, daily, or hourly rental rate for comparable commercial property.