Sol_140F0621Q0072_Amd_0001.pdf

(x)

140F0621Q0072 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

F06

LAKEWOOD CO 80228-1807

134 UNION BOULEVARD

LAKE PLAZA NORTH

FWS, DIVISION OF CONTRACTING AND GE

06/07/20210001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

06/07/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

FL-FLORIDA PANTHER NWR-HERBCIDE

Amendment 001: This solicitation is hereby amended to request to change Purchase order to a

BPA.

Please see revised BPA Solicitation.

Period of Performance: 07/01/2021 to 06/30/2023

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

I. This is a solicitation for commercial items prepared in accordance with the format in Subpart 12.6. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019- 04, Effective 07 August 2019.

II. This procurement is invasive treatment of congongrass, cabbage palms, pine flatwoods, hardwood hammocks, prairies, and cypress dome within various areas within the Florida Panther NWR.

III. This requirement is being procured in accordance with FAR Part 12, Acquisition of Commercial Items;

and in accordance FAR Part 13, Simplified Procedures for Certain Commercial Items. This acquisition will also incorporate the procedures of FAR Part 37, Service Contracting as a non-personal service and FAR Part 15, Contracting by Negotiation. This requirement is being solicited as full and open competition.

The NAICS Code associated with this requisition is 115310 with a small business size standard of $7.5 million. Buyer intends to issue an agreement using the fixed priced.

The total estimate value for this agreement is $250,000 which is subject to availability of funds. This award will consist of a total of five years. The Government acknowledges that the requested total acres under the initial Scope of Work will an approximate amount of total potential area that may be treated.

The government will determine at the time of each task order which areas will be treated within the scope section of the Scope of Work associated to the agreement. The contractor will charge a fixed price per acre fee for that particular area, as agreed within the awarded agreement terms.

This award will be a Blanket Purchase Agreement. The funds are not presently available for this agreement. The Government's obligation under this agreement is contingent upon the availability of funds from which payment for BPA Call purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this agreement and until the Contractor receives notice of such availability, to be confirmed in an issued of a call by the Contracting Officer.

Period of Performance: The effective period of this agreement shall extend from October 1, 2021 to Feb 1, 2022 or sooner; cancelled by a thirty (30) day written notice issued by either party. The Government is not obligated to place any orders under this agreement. The service provided for herein shall be requested by the Contracting Officer or his/her authorized representative(s), referred to herein as “BPA caller(s).” If and when a BPA caller places a call, the Contractor will provide the service(s) under the terms of this agreement.

IV. Offerors are cautioned that the Contracting Officer (CO) is the only authorized Government Representative who can make contractual changes once an award is made. No unauthorized person(s) shall make any commitment, in any form or manner that will modify or otherwise affect the terms and conditions of the contract. In the event the contractor effects any such change at the direction of any unauthorized person, the change shall be considered to have been made without authority and no adjustment shall be made to the contract price to cover any increased costs incurred as a result thereof.

V. Government Representative (GR): Authorized Government Point of Contact for this order is Mark Danaher, mark_danaher@fws.gov. He does not have the authority to make any changes to the contract.

mailto:mark_danaher@fws.gov

VI. Description:

Prospective bidders shall bid on treating each of the following line items based on the information provided in the Performance Work Statement. Bids shall be submitted on a cost per acre basis.

Additional Requirement: none

VII. Location of Performance: 12085 FL-29 South, Immokalee, Florida 34142

Initiation coordination with Refuge staff will be required prior to any work commencing. Schedule work hours performed between normal working hours of the Refuge. No worked will be performed during, federal holidays, weekends, federal furloughs, or weather related incidents that will cause the facility to be closed. A minimum of three hours per visit is required for all scheduled work to be performed.

VIII. Material: Reference Performance Work Statement (PWS).

NOTE: It is the Contractor’s responsibility to visit the site prior to bidding and know existing conditions.

Contractor wanting to visit the site prior to submission of quote may submit their reservation request by email to mark_danaher@fws.gov. T Please submit email to obtain exact meeting location and confirmation. Last day to submit request for site visit is June 21, 2022.

IX. Local conditions (bridge restrictions, weather conditions, water levels, road flooding, etc.) that may affect travel to location: Reference Performance Work Statement

X. System for Award Management (SAM) Registration - A prospective awardee shall be registered in the SAM database prior to award. Information on registration may be obtained via the Internet at:

https://www.sam.gov/portal/public/SAM/#1 or by calling 866-606-8220. Failure to maintain a current/ active account so will render your offer non-responsive.

XI. RFQ Due Date: Telephone quotes will NOT be accepted. All quotes must be received at this office no later than June 25, 2019, 16:00 PM Local Eastern Time. ONLY EMAILED QUOTES WILL BE ACCEPTED.

Email to Christopher_Letsinger@fws.gov. Attention to: Christopher Letsinger. Please reference/subject: solicitation number. Quotes should be attached document that is either Microsoft Word compatible or PDF. The anticipated award date is on or about June 25, 2021. Please do not request award status prior to this date.

XII. All questions regarding this solicitation must be emailed to Christopher_Letsinger@fws.gov. All questions must be submitted no later than June 22, 2021; 09:00 AM local eastern standard time.

XIII. Additional Information:

Extent of Obligation: It is understood that the government will be obligated for only those services actually ordered against the agreement by authorized individuals and then only to the extent that they are delivered and acceptable to the government. The contractor is cautioned that acceptance of calls from personnel other than those authorized herein, acting within the scope of their authority, may jeopardize payment. This BPA does not obligate funds.

NOTICE OF INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THIS BPA AND DOLLAR LIMITATIONS: All Region 4 USFWS Warranted Contracting Officers are authorized to place calls under this BPA and the dollar limitation is $100,000 per call. Authorized BPA Callers will be revised and/or updated from time to time as the need arises.

mailto:mark_danaher@fws.gov

CALL LIMITATIONS: No individual call under this agreement shall exceed $100,000. BPA callers shall not place individual calls that will exceed their specified limitations; likewise, they shall not split calls to avoid exceeding their specified limitation.

The Contractor shall not accept calls that exceed the limitations cited in the above paragraph and the Government shall not be held liable for calls that exceed the limitations of the BPA caller.

BPA is not to exceed $250,000.00 for the entire agreement period.

Blanket Purchase Agreement Procedures:

The contractor will receive an email request for services from an authorized BPA Caller; the BPA Caller will request services base on Refuge’s statement of work. The contractor will either accept or denied the work within 48 hours after email request for performance. Once contractor accepts the work by email, a call is placed and a task order will be issues within 14 days of acceptance. The Contract Officer for this BPA will be Christopher_Letsinger@fws.gov.

Contractor Liability:

The Government shall only be responsible for ALLOWABLE charges on authorized BPA calls placed by BPA callers, within caller’s specified dollar limitations. Responsibility for charges other than those cited as “Allowable Charges” under this agreement shall be a matter between the contractor and the person

(s) that initiated the call that was not allowable because they were not an authorized BPA caller or it was not within their dollar limitation. Under no circumstances, shall the BPA caller, the USFWS, or any other activity of the Department of Interior be liable for such charges.

Inspection and Acceptance:

Inspection: The Contracting Officer or the Authorized Government Representative (AGR), if any assigned, may conduct such inspections as are deemed necessary to ensure compliance by the Contractor with all terms and conditions of this BPA. Such inspections may be conducted with or without notice during regular normal business hours.

Records: The contractor shall retain the records pertaining to this BPA for at least three (3) years after the BPA has expired or three years after final payment has been received, whichever is later.

Non Personal Services:

a. In performance of this contract, the BPA holder will provide support in the form of services required by program offices to support management of their overall mission. This will be based upon the order's Scope of Work for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the U.S. Fish and Wildlife Service mission, but not otherwise available within U.S. Fish and Wildlife Service.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature but may inform it. That is all decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

Delivery Tickets/Invoices:

No tickets will be issued under this BPA. Invoices shall contain the following minimum information:

(a) Name of Contractor

(b) BPA number

(c) Period of Performance

(d) BPA call number (supplied by government personnel)

(e) Name of individual placing call

(f) Itemized list of services furnished

Payments will follow IPP electronic payment instructions. Invoicing shall be submitted by the contractor upon completion of each Call or upon expiration of this BPA, whichever is sooner, for all allowable charges incurred by the Government during a billing period. If the call exceeds 30 days, the contractor shall invoice at least monthly. The summary invoice shall identify the call numbers covered therein and stating their total dollar value. Summary invoices shall be accompanied by the call number, the authorized individual who placed the call, and the total amount for each call and a final total for all calls placed within that billing cycle. All invoices shall be prepared without the assessment of any local or state taxes. The US Fish and Wildlife is 100% tax exempt. The vendor shall furnish a blank tax exemption form to the contract administrator for completion upon award of the Blanket Purchase Agreement. All invoices shall be submitted to U.S. Fish and Wildlife Service, address given in Block 21 of the BPA.

XIII. All interested Contractors shall provide a quote as follows:

(1) Parties responding to this solicitation please submit the following:

a. SF 18

b. Company Capability Statement

c. Relevant Certifications/ Insurance Documents

d. Past Performance

e. Quality Control Plan/Safety Plan

f. Price Proposal

a. SF 18: Provide a completed SF 18 with signature. Provide all signed amendments (SF 30), if issued for this notice.

b. Company Capability Statement: provide Company’s core competencies specific to the needs of this solicitation notice. Company data that includes size of your company (identify small business size and any socio-economic designator), your revenue, number of employees and the typical geographic area you serve. Include brief examples of projects with similar size and scope of work, similar type and logistical complexity, similar habitats and ecosystems, similar treatment methodologies, and similar herbicides related to all chemical treatments. Status of these projects needs to be included. (Maximum 3 pages)

c. Relevant Certifications/ Insurance Documents: Submit copy of current licenses, supporting certifications, and/or supporting documents that identify the ability to successfully complete the requirement as stated within the solicitation and PWS.

Offeror must provide proof that its business has a current and active Commercial Pesticide Applicator License in the State where the services will be performed. Such proof must include a State Commercial Pesticide Applicator Pesticide License.

d. Past Performance: Complete accompanying past performance form with a minimum of three/maximum 6 of your most recent, relevant experiences in working on similar type efforts.

Requirement is to demonstrate recent work perform of the same or similar requirements. Show at least a total of 3 years of related experience. (Maximum 4 pages)

Any offeror who demonstrated unsatisfactory past performance will not be considered eligible for award.

If the Government does not obtain past performance information for the projects identified by the offeror and cannot establish a past performance record for the offeror through other sources, or if the offeror has no past performance record and cannot tie significant, relevant experience of key personnel proposed for this project to cited experience, past performance will be evaluated neither favorably nor unfavorably.

Note: Offerors that cannot provide past performance information must provide a statement citing no past performance and provide explanation on their company ability to effectively meet the requirements with no past experience. (Maximum 1 page)

Note: The Government may also use past performance information obtained from sources other than those identified by the offeror.

e. Quality Control Plan: Provide a plan, which includes a spill response plan, to ensure environmental compliance. This plan should also include a description of scheduled control measures that will be incorporated to ensure that a high level of quality is maintained during performance period. (Maximum 3 pages)

f. Price Proposal and Reasonableness/ Provide firm fixed price per acre of the following:

Treatment with government provided herbicide and carrier/surfactant:

Type Base Year

Year One N/A N/A

N/A

Treat Cabbage Palms & Cogongrass Treat Cabbage Palms, Cogongrass & Brazilian pepper Pine flatwoods, hardwood hammocks, prairies, and cypress domes

Treatment with non-government provided herbicide and carrier/surfactant:

Type Base Year Year One N/A N/A

N/A

Treat Cabbage Palms & Cogongrass Treat Cabbage Palms, Cogongrass & Brazilian pepper Pine flatwoods, hardwood hammocks, prairies, and cypress domes

(Maximum 1 pages)

The Government will evaluate the reasonableness of proposed price by assessing the acceptability of the Offeror's methodology used in developing the price estimates. For the price to be reasonable, in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. This represents a compromise between the seller's and the buyer's opinion of what constitutes a fair price. Reasonableness takes into account the context of a given source selection, including current market conditions and other factors that affect the ability of an Offeror to perform the contract requirements. What is reasonable depends upon a variety of considerations and circumstances, including:

•Whether it is the type of cost generally recognized as ordinary and necessary for the conduct of the Offeror's business or of the contract performance;

•Generally accepted sound business practices, Federal and State laws and regulations, etc.; and

•Any significant deviations from the Offeror's established practices.

NOTE: Any quotes not received by the due date and time specified in this synopsis/solicitation will be rejected. Additionally, any incomplete quote not containing the required information as stated in this solicitation may be rejected. Proposal must include a table of contents and blank sheet/page must separate price proposal from rest of proposal. Final proposal cannot exceed 25 pages.

NOTE: The final quoted price(s), both total and individual, MUST include all applicable fees, gratuities, commissions, service charges, etc. THE FEDERAL GOVERNMENT IS TAX EXEMPT. Please ensure your quoted price is your best and final offer.

XIV. Provisions and Clauses:

FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

FAR 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/

FAR 52.237-1 Site Visit (Apr 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of Provision)

DIAR 1452.201-70 Authorities and delegations. (SEP 2011)

The terms and conditions to this cause are determined by the contracting officer to be necessary for this acquisition and consistent with customary practices.

FAR 52.212-1 Instructions to Offerors - Commercial Items. (OCT 2018)

The terms and conditions for this provision apply to this acquisition with addendums found within the solicitation guidelines.

FAR 52.215-1 -- Instructions to Offerors -- Competitive Acquisition (Jan 2017)

FAR 52.212-2 Evaluation - Commercial Items. (OCT 2014)

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

At the discretion of the Contracting Officer, the Government intends to evaluate proposals and award a contract without discussions with offerors. Each initial offer should, therefore contain the Offeror's best value in term of Technical and Price.

1. Initial Review of proposal will check for completeness of solicitation requirements as identified in section XIII; “All interested Contractors shall provide a quote as follows:”

2. Proposal that passes the requirements for submission will be evaluated using Best Value. Each area of the Contractor’s proposal will be rated under a weighted scale with heavy emphasis on past performance, Quality Control Plan, and certifications. Contractor with the overall highest rating whose price is considered reasonable will be awarded the agreement.

(End of Provision)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items. (Oct 2018)

The terms and conditions for this provision applies to this acquisition with addendums found within the solicitation guidelines.

FAR 52.212-4 Contract Terms and Conditions - Commercial Items. (Oct 2018)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 (Oct 2018) (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 (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_x__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_x__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_x__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_x__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_x__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__x_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

__x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__x_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_x__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

__x_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

_x__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__x_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_x__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

__x_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_x__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_x__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_x__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

__x_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (Jan 2019) (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 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) Alternate I (Jul 1995)

FAR 52.228-5 Insurance -- Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective --

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

FAR 52.217-5 -- Evaluation of Options (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Clause)

FAR 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 7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 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. (End of Clause)

FAR 52.223-5 -- Pollution Prevention and Right-to-Know Information (May 2011)

FAR 52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation. (Apr 1984)

FAR 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.247-5 -- Familiarization with Conditions (Apr 1984)

The offeror shall become familiar with all available information regarding difficulties that may be encountered and the conditions, including safety precautions, under which the work must be accomplished under the contract. The offeror shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of performing the services required in this contract because the offeror failed to investigate the conditions or to become acquainted with all information concerning the services to be performed.

(End of Clause)

DIAR 1452.228-70 Liability Insurance. (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$1,000,000 each person*

$1,000,000 each occurrence*

$1,000,000 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

*These amounts to be set by the Contracting Officer.

(End of Local Clause)

Policy number 2011-04- Department of Interior, Processing Platform System (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 Contractor’s generated invoice is to be submitted as an attachment to the IPP invoice.

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 Local Clause)

List of Attachments:

1. SF 18

2. Past Reference Form

3. Performance Work Statement

4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items. (Oct 2018)