Solicitation_Terms_and_Conditions_0002.pdf

Amendment 2

SOLICITATION/TERMS & CONDITIONS

SECTION A—SOLICITATION/CONTRACT FORM

Refer to Request for Qualifications Cover Letter and Standard Form 33.

SECTION B—SUPPLIES OR SERVICES/PRICES

B.1 BRIEF DESCRIPTION OF SERVICES

Typical work under the contract will include but will not be limited to geotechnical engineering of road structures, bridge structures, building and non-building structures and their Foundation Systems. Ability to perform Topographic Surveying Services and Wetland Delineation Surveying Services for developing, preparing, and submitting background base maps for project areas to include but not be limited to background base maps for proposed exploratory drilling, soil sampling, and test pit excavation plans.

Development of design parameters and specifications for a variety of non-complex and complex structures and site construction projects and the ability to oversee and effectively manage construction and restoration activities prior to and during construction. Collection and analysis of data necessary for planning and oversight of building and site construction projects and an understanding of building and site construction projects and their interaction with regional on-site soils and regional geology.

Performing field verification site visit, site assessments, site evaluations, site investigations and in developing, preparing, and submitting Geotechnical Engineering Reports. Comprehensive geotechnical investigations of project sites in order to characterize the materials and conditions that will be encountered during any construction and operation of the project, their nature, variability, extent and any special requirements to be observed. The investigation should be undertaken in a systematic manner to minimize the likelihood of contract variations arising from unexpected conditions. The detail of the investigation should be commensurate with the potential risks, hazards and complexity of the project.

Where changes of soil type are encountered, the investigations should determine the boundaries and depths in sufficient detail to enable the extent of appropriate design units and design treatments to be determined. Professional interpretation of the results and preparation of a geotechnical reports.

Coordinating and validating utility locations prior to commencing with any investigation.

The primary area of coverage will be the continental US and Hawaii in any state or US territory for Department of Interior U.S. Fish and Wildlife Service, National Park Service, Forest Service, Bureau of Land Management, and Bureau of Indian Affairs. Work will be performed on land owned, leased, or with use agreements located in any state or US territory. Project sites may occur on tribal or tribal reservation land and require employment rights compliance.

B.2 TYPE OF CONTRACT

The Contract period shall include a base period of one (1) year with options for four (4) additional one (1) year periods for a total of five (5) years from the date of contract award.

Task orders may be placed against this contract from the date of contract award through the completion date. If a task order is awarded prior to the expiration date of the contract, the task order must be completed within 365 days.

The contract types awarded will be firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Contracts.

B.3 PRICE SCHEDULE

We will request this information after the most highly qualified offerors have been determined.

SECTION C—DESCRIPTION/SPECIFICATIONS

Refer to Attachments.

SECTION D—PACKAGING AND MARKING

D.1 Payment of Postage and Fees

All postage and fees related to submitting information forms, reports, etc., to the CO or the COR shall be paid by the contractor.

D.2 Marking

All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.

SECTION E--INSPECTION AND ACCEPTANCE

CLAUSES

52.246-4 Inspection of Services – Fixed Price (APR 1984)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 Period of Performance (estimated)

The base period of performance of this contract will be 12 months.

Base Period: September 6, 2021 – September 5, 2022 Option Period 1: September 6, 2022 – September 5, 2023 Option Period 2: September 6, 2023 – September 5, 2024 Option Period 3: September 6, 2024 – September 5, 2025 Option Period 4: September 6, 2025 – September 5, 2026

52.242-14 Suspension of Work (APR 1984)

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 CONTRACT REPRESENTATIVE

Contracting Officer (CO) responsible for this contract:

Ryan Boisvert

Section Chief, Team4, Construction/AE Acquisition Operations Joint Administrative Operations | U.S. Fish and Wildlife Service

Contracting Specialist (CS) responsible for administration of this contract:

Mark Tapp Contracting Officer Construction/A&E Operations Joint Administrative Operations U.S. Fish & Wildlife Service 140F0521R0005@fws.gov

(404) 679-4012

Contracting Officer's Representative (COR) for this contract:

COR’s will be appointed for each Task Order.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE – LIAISON

The COR will act as a liaison between the Government and the Contractor, and, when necessary, will provide technical direction to the Contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of the government representative shall relieve the Contractor of its responsibilities under the contract.

G.3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) For each construction contracts of $750,000 or more, and for each contract terminated for default regardless of the contract value, the U.S. Department of Interior or Forest Service will submit an electronic record of contractor performance on this contract in the Contract Performance Assessment Reporting System (CPARS) at https://www.cpars.gov/. The DOI/FS has implemented the Contractor Performance Assessment Reporting System (CPARS) to submit performance evaluations. One or more past performance evaluations will be conducted on this contract in order to record contractor performance.

(b) The past performance evaluation process is a paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the CPARS for Government use in evaluating past performance as part of a source selection action.

(c) The Contractor must furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to past performance evaluation(s) for this contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Government Assessing Official. The report information must at all times be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a mailto:140F0521R0005@fws.gov practice application may also be found at this site.

(e) Within 60 days after the end of a performance period, the Government Assessing Official (AO) for the contract will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in CPARS and your comments must focus on objective facts in the AO's rating, narrative and your performance of the contract. In addition to the ratings and supporting narratives, review the accuracy of all information in the evaluation, as it includes key fields that will be used by the Government to identify the Contractor in future source selection actions. If you elect not to provide comments, acknowledge receipt of the evaluation by indicating "No comment" in Block 22 along with signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPARS.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason the form cannot be viewed and/or submitted through CPARS, contact the AO for instructions.

(2) Strictly control access to the evaluation within your organization, and ensure the evaluation is never released to persons or entities outside of their control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, send a request in writing to the AO no later than seven days following the date the DOI/FS submits an evaluation to CPARS.

(h) If the parties cannot resolve any disagreement in the content of the past performance evaluation, the original evaluation as well as your comments will be referred to the Reviewing Official (RO). The RO will make a final determination on the performance evaluation.

(i) The completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting future source selection actions after it has been finalized.

(End of clause)

G.4 through G.5 only applicable to the Department of the Interior Task Orders

G.4 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4

Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

• To be determined at Task order Award

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Template)

G.4 1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

http://www.ipp.gov/ mailto:ippgroup@bos.frb.org

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within their or her appointment, shall be at the Contractor's risk.

SECTION H—SPECIAL CONTRACT REQUIREMENTS

The following applies after MATOC IDIQ awards are made:

H.1 Type of Contract

This is a firm fixed priced, indefinite delivery, indefinite quantity contract which provides for an indefinite quantity, within stated limits, of specific services to be furnished during a fixed period, with deliveries to be scheduled by placing task orders with the Geotech Firm. Task orders will be issued on a fixed-price basis using the fixed unit labor rate pricing stated in the Rate Schedule of the contract and the negotiated level of effort.

H.2 Contract Performance Period

The Contract period shall include a base period of one (1) year with options for four (4) additional one (1) year periods for a total of five (5) years from the date of contract award.

Task orders may be placed against this contract from the date of contract award through the completion date. If a task order is awarded prior to the expiration date of the contract, the task order must be completed within 365 days.

H.3 Estimates of Requirements

Total contract amount is estimated at $25 million over 5 years. Typical task orders may range between (estimated) $5,000 to $20,000 with a few up to $100,000. The total of individual task orders placed against the contract shall not exceed $25 million. The guaranteed minimum for the entire contract term (including option years) is $500 and will be satisfied by the award of the initial task order. This is presented for information purposes only and contract awards do not guarantee work or a dollar amount to the firm other than the initial $500 minimum guarantee. The initial $500 minimum guarantee will be paid before the expiration of Option Year 1 of the contract unless the firm has received a task order. Once a task order has been awarded, the $500 minimum guarantee will be deobligated from the IDIQ contract as a unilateral modification by the Contracting Officer.

H.4 Funding of Task Orders

This IDIQ contract is funded only with the initial $500 minimum guarantee. Funds for task orders will be allocated as each project is initiated and the Government identifies the project requirements. A firm fixed price task order will be issued in accordance with the below procedures outlined below in E - Task Order Procedures.

H.5 Task Order Bureau Requirements

The Terms and Conditions included in this contract are the mandatory terms and conditions that must be met for all Task Orders. Each bureau issuing Task Orders from this contract may include additional terms and conditions that apply to their bureau or project. The CO must include and clearly identify any additional terms and conditions when issuing a Request for Proposal.

H.6 Task Order Competitive Procedures

Task orders may be issued by any of the Department of the Interior Bureaus and Forest Service by a warranted Contracting Officer (CO) in the geographical areas selected by the firm and incorporated into the contract. Task Order will be placed in accordance with the following procedures:

Step 1: For each new task order requirement, the participating bureau shall designate a chairperson to perform the evaluation. Chairperson shall have experience in architecture, engineering, construction, and Government related acquisition matters.

Step 2: Chairperson shall develop selection criteria by providing a description of the qualification-based attributes to the Contracting Officer that are required and desired in the firm that will be selected.

Step 3: Chairperson shall review current SF330’s on file of each of the A&E IDIQ firms which received an IDIQ contract for the state/location services are needed. Chairperson shall evaluate and document in writing the evaluation in accordance with the following qualifications-based factors:

1. Professional qualifications necessary for satisfactory performance of required services (Review of SF330’s);

2. Specialized experience and technical competence in the type of work required (Review of SF330’s);

3. Capacity to accomplish the work in the required time (Question during discussions); and

4. Past performance on contracts/task orders. (Review of CPARS)

Step 4: Chairperson shall hold discussions with at least three of the most highly qualified firms regarding concepts and the relative utility of alternative methods of furnishing the required services. It is expected, but not required, that discussions be performed in writing by emailing each firm a list of questions for firms to provide written responses and send back to the Chairperson.

Step 5: Chairperson shall then prepare an evaluation report for the Contracting Officer recommending, in order of preference, at least three firms that are considered to be the most highly qualified to perform the required services. The report shall include a documentation of the discussions and evaluations conducted by the Chairperson to allow the Contracting Officer to review the considerations upon which the recommendations are based.

Step 6: Contracting Officer will review the evaluation report to confirm the evaluation process was consistent with the steps listed above. If determined not to be consistent with the evaluation process above the Contracting Officer shall send back to the Chairperson to correct the report or for re-evaluation.

Step 7: Contracting Officer will then issue a Task Order Request for Proposal to the most highly qualified firm to provide a cost proposal. Once the cost proposal is received, the Contracting Officer will provide to the Chairperson.

Step 8: Chairperson shall review and compare to the Independent Government Cost Estimate and the parent IDIQ contract Labor Category Rates and then provide an analysis to the Contracting Officer to establish a negotiation position, or document the Price as fair and reasonable.

Step 9: Contracting Officer will then:

1. Enter negotiations with the A&E firm to come to a mutually satisfactory price. If a mutually satisfactory price cannot be negotiated, the contracting officer shall notify the firm that negotiations have been terminated. The contracting officer shall then initiate negotiations with the next firm on the final selection list. This procedure shall be continued until a mutually satisfactory contract has been negotiated. Or;

2. Make the final source selection decision and document supporting rationale prior to task order award.

The firm is not authorized to commence performance prior to issuance of the task order by the Contacting Officer.

Changes in cost or in specifications must be by written modification and signed by the CO only.

Work shall not begin and changes shall not be made without written authorization of the CO.

H.7 Labor Rates for Price Proposals

The firm’s price proposal shall be based on the contract labor rates contained in the Rate Schedule.

The firm’s price proposal shall be developed based on the schedule of work, level of effort, and the pre-established rate schedules.

Price proposals for task orders, whose schedule of performance will be wholly or substantially complete within the year in which the task order is executed, shall be priced based on the labor rates in effect during that year.

Price proposals for task orders, whose schedule of performance spans substantially beyond the year in which the task order is executed, shall be priced based on the labor rates for the year in which the task order was issued.

H.8 Reporting Requirements

The services performed by the firm will be subject to review and examination by the Government at any place where such work is being performed. The Government will have the right to reject inaccurate or substandard services. The firm shall satisfactorily correct and replace all rejected services without additional cost to the Government.

Schedule Compliance:

1 Time of performance is important. Each task order will establish a schedule for completion.

Failure by the firm to diligently prosecute their work to successfully meet the required delivery dates will be sufficient grounds for the CO to terminate the task order and/or this contract.

2 The completion dates may be extended in the event performance is delayed due to causes beyond the control and without the fault or negligence of the firm as determined by the CO. The contractor should not perform work outside the period of performance without written authorization.

H.9 Fee Limitation

The six percent (6%) fee limitation (fee is limited to six percent (6%) of estimated construction costs) for A/E services applies only to the actual preparation of final designs, drawings, and specifications. Any services which are not integral part of the production of drawings and specifications may be excluded for the fee limitation. Such excluded services may include soil borings, topographic and boundary surveys, consultant services, or design models and analysis, and cost estimates.

H.10 Key Personnel

The personnel listed below are considered essential to the work being performed. Prior to removing, replacing, or diverting any of the specified individuals, the firm shall notify the CO at least 90 days in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No replacement, substitution, or diversion shall be made by the firm without the written consent of the CO. The list of Key Personnel may be amended with the written consent of both parties.

Project Manager, Geotechnical Engineer, Geologist, Soils Engineer

H.11 Release of Information / Organizational Conflicts of Interest

The firm shall not disclose information pertaining to the services performed under this contract to anyone other than the Department of the Interior or Forest Service or other personnel authorized by the

CO.

H.12 Government Furnished Materials

Individual task orders may indicate materials that will be supplied to the firm for reference in performance of the specified tasks. Those materials could include technical data, drawings, specifications, Government standards, procedures, guidelines, instructions, and other materials which will be furnished to the firm on a loan basis and shall be returned upon completion of the project unless noted otherwise. The firm shall exercise extreme care while reviewing Government data and materials to prevent their loss or damage.

H.13 Limitation on Contracting for Construction Work

Award of a task order for A/E services for a particular project as described in the contract and the award of a contract for related construction work to the same firm, a parent firm, or its sub consultants are prohibited. The A/E shall decline to enter into negotiations for any contract, if the firm, its parent firm, or sub-consultants intend to compete for the related construction contract.

H.14 Protection of Historical and Archaeological Data

Cultural Resource Study - Federal legislation provides for the protection, preservation, and collection of scientific, prehistorical, historical, paleontological, and archaeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project. Once the locations for the proposed exploration trenches have been selected; the firm shall notify the COR who will furnish this information to the Regional Archaeologist. If the areas have not been previously inventoried for cultural resources, the Regional Archaeologist or their designated representative will examine the proposed locations for cultural resources.

Contractor Reporting - The A/E agrees that should it or any of its employees, during the performance of a task order, discover evidence of possible scientific, prehistorical, historical, archaeological data, it will notify the CO immediately, giving the location and nature of the findings. Written confirmation shall be forwarded within 2 working days. The A/E shall exercise care to avoid damage to artifacts or fossils uncovered during excavation operations and shall provide such cooperation and assistance as may be necessary to preserve the findings for removal or other disposition by the Department of the Interior.

Delays - Where appropriate by reason of a discovery, the CO may order delays in the time of performance, or changes in the work or both. If such delays or changes, or both, are ordered, the time of performance and task order price shall be adjusted in accordance with applicable contract clauses.

Subcontracts - The A/E agrees to insert the above sections of paragraph N, "Protections of Historical and Archaeological Data" in all subcontracts which involve the performance of work on the terrain of the Task Order site.

Costs - Except as otherwise provided above, the cost of complying with the above sections of paragraph N shall be included in the prices stated in the Rate Schedule for other items of work.

H.15 Travel

All travel will be reimbursed completed in accordance with the Federal Travel Regulation (FTR) and per diem rates for each locality visited.

H.16 Contract Administration Data

CONTRACT ADMINISTRATOR

Mark Tapp Construction/A&E Operations Joint Administrative Operations | U.S. Fish & Wildlife Service 140F0521R0005@fws.gov | office (404) 679-4012

SECTION I--CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY

2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020) 52.203-14 Display of Hotline Poster(s) (JUN 2020) 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of

Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.210-1 Market Research (JUN 2020) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-28 Post Award Small Business Program Representation (NOV 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-41 Service Contract Labor Standards (AUG 2018) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment

(Multiple Year and Option Contracts) (AUG 2018) https://www.acquisition.gov/browse/index/far

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014)

52.222-49 Service Contract Labor Standards—Place of Performance Unknown (May 2014) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (Jan 2017) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(SEP 2013)

52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.232-10 Payments under Fixed-Price Architect-Engineer Contracts (JAN 2017) 52.232-16 Progress Payments (JUN 2020) Alt 1 (MAR 2000) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-23 Responsibility of the Architect-Engineer Contractor (APR 1984) 52.236-24 Work Oversight in Architect-Engineer Contracts (APR 1984) 52.236-25 Requirements for Registration of Designers (JUN 2003) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes – Fixed Price (AUG 1987) – Alternate III (APR 1984) 52.244-2 Subcontracts (JUN 2020) 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services)

(AUG 1998)

52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.248-2 Value Engineering – Architect-Engineer (MAR 1990) 52.249-7 Termination (Fixed-Price Architect-Engineer) (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

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.

(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.

http://uscode.house.gov/

(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.

52.216-18 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 date of award through the end date of each awarded option year.

(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.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $5,000,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within seven (7) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within seven (7) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 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 5 years after the end date of this contract.

52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

[The ordering activity's contracting officer to insert the name, address, telephone number, and email address for the ordering activity's Ombudsman or provide the URL address where this information may be found.]

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

Alternate I.

(d) Contracts used by multiple agencies.

(1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity.

(2) The ordering activity has designated the following task-order and delivery-order Ombudsman for this order:

[The ordering activity's contracting officer to insert the name, address, telephone number, and email address for the ordering activity's Ombudsman or provide the URL address where this information may be found.]

(3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within sixty

(60) days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.219-13 Notice of Set Aside of Orders (MAR 2020)

(a) The Contracting Officer may set aside orders for the small business concerns identified in 19.000(a)(3).

(b) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

52.219-14 Limitations on Subcontracting (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and https://www.acquisition.gov/content/part-19-small-business-programs#i1101771 https://www.acquisition.gov/content/part-19-small-business-programs#i1101771 https://www.acquisition.gov/content/part-19-small-business-programs#i1101771

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause— ☐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.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

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 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class Monetary Wage--Fringe Benefits

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

(DEVIATION APR 2020)

(a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.236-22 Design within Funding Limitations (APR 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of…