Sol_140F0S23Q0026_Amd_0001.pdf

(x)

140F0S23Q0026 x x

1 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

F0S

Falls Church VA 22041 5275 Leesburg Pike FWS, Over SAT G/S FWS Over SAT G/S

004061259506/15/20230001

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

05/15/2023

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.)

Amendment 1 is hereby to update schedule of items with base and optional CLIN's

1) Descope base schedule of items and separate base from CLIN 00010 to CLIN 00010, 00020, and 00030

2) Add optional schedule of items: CLIN's 00040, 00050, 00060, 00070 and 00080

*Please submit all questions in writing and quotes via email to: Joni_Dutcher@fws.gov

Pre-bid site visit will occur between May 19th - May 26th. The contractor should contact

Caleb Jones at (252) 394-0234.

Continued ...

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)

Joni Dutcher

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 .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140F0S23Q0026/0001

Vendors must be registered in SAM

(www.SAM.gov-registration is free) to be eligible for award.

Contracting POC; Joni Dutcher, e-mail:

Joni_Dutcher@fws.gov

Tech POC: Caleb Jones, (252) 394-0234

Alt POC: Donnie Harris, 252-475-8012

Period of Performance: 08/01/2023 to 07/31/2024

Change Item 00010 to read as follows(amount shown is the obligated amount):

00010 Ichabod Rd. (See Section C - Figure 1) fire break

(98.3 acres)

Period of Performance: 08/01/2023 to 09/30/2024

Add Item 00020 as follows:

00020 J. Canal Rd. (See Section C - Figure 1) fire break (98.3 acres)

Period of Performance: 08/01/2023 to 09/30/2027

Add Item 00030 as follows:

00030 Colbourn Rd. (Ichabod - Lake) (See Section C -

Figure 1) fire break (29.8 acres)

Period of Performance: 08/01/2023 to 09/30/2024

Add Item 00040 as follows:

00040 A-5 Rd. (Allen - Boerema) (See Section C - Figure

1) fire break (23.9 acres)

(Option Line Item)

Anticipated Exercise Date 10/01/2023

Period of Performance: 01/01/2024 to 09/30/2024

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140F0S23Q0026/0001

Add Item 00050 as follows:

00050 Boerema Rd. (See Section C - Figure 1) fire break

(25.3 acres)

(Option Line Item)

Anticipated Exercise Date 10/01/2023

Period of Performance: 01/01/2024 to 09/30/2024

Add Item 00060 as follows:

00060 County Line Rd. (See Section C - Figure 1) fire break (73.9 acres)

(Option Line Item)

Anticipated Exercise Date 01/01/2024

Period of Performance: 01/01/2024 to 09/30/2024

Add Item 00070 as follows:

00070 Harvester Rd. (J - Western) (See Section C -

Figure 1) fire break (42.2 acres)

(Option Line Item)

Anticipated Exercise Date 01/01/2024

Period of Performance: 01/01/2024 to 09/30/2024

Add Item 00080 as follows:

00080 Western Rd. (See Section C - Figure 1) fire break

(46.5 acres)

(Option Line Item)

Anticipated Exercise Date 01/01/2024

Period of Performance: 08/01/2023 to 09/30/2024

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

B. Supplies or Services/Prices

Base Items:

Item No. Item Description Qty Unit of Measure

Unit Price Total

00010 Ichabod Rd. (See Section C – Figure 1) 98.3 AC $ $

00020 J. Canal Rd. (See Section C – Figure 1) 98.3 AC

00030 Colbourn Rd. (Ichabod – Lake) (See Section C – Figure 1)

29.8 AC

Optional Items:

Item No. Item Description Qty Unit of

Measure Unit Price Total

00040 A-5 Rd. (Allen – Boerema) (See Section C – Figure 1)

23.9 AC $ $

00050 Boerema Rd. (See Section C – Figure 1) 25.3 AC $ $

00060 County Line Rd. (See Section C – Figure 1) 73.9 AC $ $

00070 Harvester Rd. (J – Western) (See Section C – Figure 1)

42.2 AC $ $

00080 Western Rd. (See Section C – Figure 1) 46.5 AC $ $

Notes: AC: Acres

(End of Section B)

Section C – Description/Specifications/Statement of Work

INTRODUCTION & BACKGROUND

Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to perform mastication of eight (8) new fire breaks (establishment) for Pocosin Lakes National Wildlife Refuge, NC. See included maps for fire break locations delineated by the equipment type needed. All acreages have been estimated via Geographic Information System (GIS). The contractor shall perform to the standards in this contract.

Background: Historically, the largest wildfires in NC history have occurred on the Pocosin Lakes NWR. Both the Allen Rd Fire (1985; 95,000-acres and the largest in NC recorded history) and the Evans Rd Fire (2008; 42,000-acres) began on adjacent properties and spread onto the refuge. The greatest challenges to firefighters are dense volatile fuels and very poor equipment trafficability in the peat soils. As such, the costs of suppressing these large fires are exorbitantly high potentially ranging into the tens of millions of dollars or more. Fuel breaks provide additional tactical suppression options for firefighters while supporting fuel mitigation through prescribed fire use.

Figure-1: Fire Breaks needed at Pocosin Lakes NWR

LENGTH 1WIDTH AREAFIRE BREAK NAME STATUS EQUIPMENT

TYPE NEEDED (miles) (feet) (feet) (acres)

A-5 Rd (Allen - Boerema) New 2Amphibious 0.98 5,200 200 23.9 Boerema Rd (A-5 - County Line)

New Amphibious 1.04 5,500 200 25.3

County Line Rd (Boerema

- Evans) New Amphibious 3.05 16,100 200 73.9 Ichabod Rd New 3LGP 4.05 21,400 200 98.3 J-Canal Rd New LGP 4.05 21,400 200 98.3 Colbourn Rd (Ichabod – lake edge) New LGP 1.23 6,500 200 29.8 Harvester Rd (J - Western) New LGP 1.74 9,200 200 42.2 Western Rd New Amphibious 1.92 10,130 200 46.5

- AMPHIBIOUS 7.0 36,930 - 169.6

- LGP 11.1 58,500 - 268.6POR

TOTALS: - COMBINED 18.1 95,430 - 438

1Fuel break width is measured from the nearside ditch edge (waterline) when present.

2A pontoon excavator equipped w/ a masticating cutter head (a.k.a. marsh-hoe) 3A soft-/flex-tracked machine with low ground pressure (ex. Geo-Boy, Geo-Track, or comparable)

CURRENT VEGETATION &CONDITIONS:

Current vegetation consists mostly of a low stocking of pond pine overstory mixed with sweet bay, red maple, and some sweetgum. The largest trees present range up to 30-50-feet in height with diameters ranging up to 6-8-inches at breast height (measured 4.5-ft from ground level). Occasional larger diameter trees may be present.

The understory is typically very dense – 10-20 ft. high on average – and consists of waxmyrtle, sweetbay, red bay, groundsel tree, gallberry, and switch cane. Green brier and other vines are quite abundant in areas. The block of timber north of Harvester Road and west of Western Road recently burned in a wildfire and has areas with minimal understory and charred trees. However, there are still large pockets of green trees and shrubs in this area.

SOILS & EQUIPMENTTRAFFICABILITY:

The predominant underlying soil type is a Pungo muck which is organic/peat in composition. It is very poorly drained with severe equipment limitations. The water table is at or near the surface - within 6” in the very driest areas - and large areas will be flooded. As such, several of the fuel breaks will require an amphibious pontoon excavator, but soft-/flex-tracked equipment with low ground pressure can be used in some areas. Wheeled equipment cannot operate on these sites. See next section for more details on equipment.

***Due to the unique equipment challenges, a site visit is rmandatory. ***

TASKS:

Utilize equipment with a Fecon-style or similar masticating head to cut fuel breaks according to the dimensions in Figure-1 above. Approximately 60% of the project acreage (~270-acres) will be for soft-tracked LGP (low ground pressure) mastication with the remaining approximate 40% (~170-acres) requiring an amphibious excavator with a masticating head.

The LGP machine should have soft or flexible tracks (not wheeled) with a minimum pad width of 30-inches and a 6-foot minimum width on the cutter head. Example LGP machines include Geo-Boys and Geo-Tracks. An amphibious excavator (on pontoons) will be needed for the wettest areas. It should preferably be medium/mid-sized and comparable to a Caterpillar 320 or 325 with a minimum capability of a Cat 307. It should have a 36-inch minimum Fecon-style or other cutter head with similar production capabilities.

Fuel break width shall be measured from the nearside waterline edge of the canal/ditch (when present) to include mastication of the ditch bank &/or spoil piles. All vegetation, logs, stumps, cypress knees, etc. within the footprint of the fire break shall be masticated (mulched or grinded) to ground-level to enable future mowing. Debris and chip piles shall be kept to 6- inches in height or less. Downed logs and trees shall be masticated or removed to outside of the break. Contact the Fish & Wildlife Service (FWS) point-of-contact (POC) in the event trees exceeding equipment capability are encountered. This should be rare. The contractor shall receive a briefing and instructions from the FWS POC before beginning operations at each fire break.

It is the contractor’s responsibility to maintain the appropriate width and location of the treated area for the duration of the project. Should the boundaries of the treatment area become unclear, the contractor will immediately contact the FWS POC for guidance on how to proceed. In existing fuel breaks, the footprint from previous operations should be readily visible and some new breaks will even follow canals for part or all of the project. In certain areas the contractor will have to utilize mapping apps (ex. Avenza) and/or other navigational methods to accurately install the break as mapped. Notify the FWS POC if you need a georeferenced PDF map for use with Avenza.

***The contractor will be responsible for recovery/extrication if/when heavy equipment and vehicles get stuck or become immobilized. FWS personnel and equipment will not be available for equipment and vehicle recovery. The contractor shall have additional equipment available on sight, as appropriate, for this purpose.***

Vegetation may be removed from the firebreak and taken off refuge to be sold for biomass. For any materials sold as biomass, the contractor will inform the POC of the approximate amount (by weight) sold.

Transportation & Access: The contractor shall provide all equipment, operators and support personnel, transportation, parts, fluids, fuel, etc. It is the contractor’s daily responsibility to transport the equipment to and from the site and to provide for the transportation of personnel, fuel, parts, fluids, etc. Personal vehicles are not to be left on Refuge property overnight.

Regardless of time-of-day, vehicles, equipment, etc. shall not block gates, roads, and other access points. At the end of shift, the contractor shall lock all gates on the way out unless otherwise advised by the POC.

Invasive Species Mitigation: All equipment used by the contractor will be clean of dirt, mud, and plant material, within tracks and undercarriage, prior to entering the Refuge. If equipment leaves the work site for any reason it will be cleaned prior to re-entering the Refuge. This requirement is to limit the potential for spread of exotic and invasive plants onto the Refuge.

Protection of Trees: The Contractor shall take every precaution necessary to prevent damage to trees and vegetation outside of the treatment area.

Spill Containment & Trash Pick-up: The contractor shall have the necessary equipment and supplies required to mitigate any fuel or fluid spills. All spills are to be reported to the FWS POC as soon as they occur. All trash from operations including but not limited to hydraulic fluid and oil containers, water bottles, food wrappers and containers, etc. shall not be left on site.

Erosion Control: Contractor shall take reasonable care to minimize soil impacts. Vehicles will not be operated on Refuge roads, power line rights-of-way, road shoulders, or permanent fire lines when soil moisture conditions are such that excessive rutting or soil movement will occur.

Repair of Damages: The contractor shall repair any damages they cause to roads, road shoulders, culverts, water control structures, or other infrastructure.

Smoking: Cigarette/Cigar smoking by Contractor personnel is permitted only in cleared areas designated by the Site Rep/Government such as permanent fire lines or utility rights-of-way. Smoking materials shall not be left on Refuge lands.

The Contractor may be held liable for any wildland fire that is started by their personnel from negligence.

Work Hours: All activity will be performed during posted business hours of 8:00 am to 4:00 pm, Monday thru Friday. (Note:

any deviation needs prior approval from on-site representative).

Supervision: To ensure performance and accomplishment of the work as outlined herein, the Contractor shall provide adequate and competent onsite supervision (with the ability to effectively communicate in English), for all work to be accomplished by the Contractor’s employees. When contract work is in progress, supervisory personnel shall be available at all times to receive notices, reports, or requests from the Site Representative or his authorized representative. NOTE: At no time shall Government representatives direct or supervise the activities of the Contractor’s employees.

PROJECT LOCATION:

These projects are located on the Pocosin Lakes National Wildlife Refuge in the counties of Hyde, Tyrrell, and Washington, NC. See the included map for specific fire break locations. Physical addresses do not exist for the project areas but a general lat/long is included on the map.

POR Pungo Maintenance Shop 601 Refuge Rd Pantego, NC, 27860

Recognized Holidays: The contractor is required to perform services on holidays for work involving the care and welfare of live animals in captivity or potentially trapped, if traps remain active over holiday periods. Contractor must also be prepared for emergencies to ensure the viability of any collected and held biological specimens used in captive propagation.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Indigenous Peoples Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

TECHNICAL POINTS OF CONTACT (POC):

The POC is subject to change with pending new hires. All parties will be notified if adjusted.

Primary - Caleb Jones Fire Mgt. Officer (FMO) 252-394-0234 caleb_jones@fws.gov

Secondary - Anthony Davis Equipment Operator 252-706-0090 anthony_davis@fws.gov

Kenny Powell Equipment Operator

(252) 349-1410 kenneth_powell@fws.gov mailto:caleb_jones@fws.gov mailto:anthony_davis@fws.gov mailto:%20kenneth_powell@fws.gov

(End of Section C)

Section D – Packaging and Marking

N/A

(End of Section D)

Section E – Inspection and Acceptance

(End of Section E)

Section F - Deliveries or Performances

F.1.0. PERIOD OF PERFORMANCE

The period of performance shall be 03 July 2023 02 July 2024

F.2.0 RECOGNIZED HOLIDAYS

The following legal holidays are observed by this Government agency:

New Year’s Day January 1 Martin Luther King Jr.’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth 3rd week in June Independence Day July 4 Labor Day 1st Monday in September Indigenous Peoples Day 2nd Monday in October Veteran’s Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25

When a holiday falls on a Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

In addition to the holidays listed above, the contractor agrees to the days or closures designated by Federal Statue, Executive Order, or Presidential Proclamation.

The following clause is incorporated by reference:

Clause FAR 52.242-15 Stop-Work Order (AUG 1989)

(End of Section F)

Section G – Contract Administration Data

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

(b) The past performance evaluation process is a totally 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 Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the 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 Assessing Official. The report information must 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 http://www.cpars.csd.disa.mil. The CPARS User Manual, registration for Online Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. 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 Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then 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 CPAR.

(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 you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your 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, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

http://www.cpars.csd.disa.mil/

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) (APR 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

1. Invoice billed according to contract line items and rates.

2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

3. If final payment is billed, the last invoice shall state “FINAL”.

4. Contractor’s Release of Claims shall be submitted with the final 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 Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 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)

(End of Section G) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Section H – Special Contract Requirements

(End of Section H)

Section I – Contract Clauses

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): https://www.acquisition.gov

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

(JUN 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015) 52.209-5 Certification Regarding Responsibility Matters (AUG 2020) 52.212-4 Contract Terms and Conditions - Commercial Items. (NOV 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.232-11 Extras (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.242-13 Bankruptcy (JUL 1995) 52253-1 Computer Generated Forms (JAN 1991)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Nov 2021)

(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.

http://farsite.hill.af.mil/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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.

(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 products or commercial services, 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.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (MAY 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

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

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_x_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] _x_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_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 (Nov 2021) ( 15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Sep 2021) of 52.219-9.

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

__ (ii) Alternate I (Mar 2020) of 52.219-13.

_x_ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C. 657f).

_x_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 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 (Sep 2021) ( 15 U.S.C. 637(m)).

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

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

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

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

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

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

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

_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_x_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

_x_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

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

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

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

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

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

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

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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

__ (ii) Alternate I (Jan 2021) of 52.225-3.

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

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

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

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

_x_ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

_x_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

_x_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

_x_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

_x_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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