B08_140G0218R0021-2_Attch_4_BODY_Clauses_&_Provisions.doc

140G0218R0021 Amendment 0002

Attachment 4

Commercial Item Clauses and Provisions

TABLE OF CONTENTS

2CLAUSES

2Contract Type

2Performance-based Work Statement (Found as Amendment 0002 Attachment 03 Revised Work Statement)

2Performance Location

2Green Acquisition

2GS0342 Hazardous Material Identification March 2008

352.216-21 Requirements. (Oct 1995)

3GS1431Contract Maximum (JUL 2001)

3GS0919 Legal Holidays January 2002

4GS1101 Contract Administration Office (JULY 2001)

41452.201-70 Authorities and Delegations. (SEP 2011)

5GS1104 AVAILABILITY OF FUNDS UNDER CONTINUING RESOLUTION JULY 2001

5AUTHORIZED MICRO-PURCHASE ORDERERS

6INSTRUCTIONS FOR PLACING MICRO-PURCHASE ORDERS:

6PAYMENT TERMS

652.900S-1178 Wage Determination Incorporation October 1997

652.000S-5079 Technical Liaison - Technical Direction (OCTOBER 1997)

752.900S-1006 Prevention of Malicious Code March 2005

7GS0330 Section 508 Applicable Standards July 2001

8Section 508 Compliance Statement “Back Office” Exception – Servers and Network Switches

8FISMA Information Technology Security Requirements Summary

852.252-2 Clauses Incorporated by Reference. (FEB 1998)

952.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (Jan 2018)

1352.232-18 Availability of Funds. (APR 1984)

1352.247-34 F.o.b. Destination. (NOV 1991)

14ADDING AND DELETING EQUIPMENT/SERVICES.

14GS1396 Release of Information (JUL 2001)

15GS1399 Ownership of Materials (JUL 2001)

15GS1405 Duplication and Disclosure of Confidential Data (JUL 2001)

15GS1406 Confidentiality of Data (OCT 2005)

161452.228-70 Liability Insurance (JUL 1996)

16DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (September 2011)

17Unilateral Deobligation of Unexpended Funds (MAY 2013)

17PROVISIONS

1752.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

17Offeror Representations and Certifications

1852.212-2 Evaluation - Commercial Items (OCT 2014)

18Additional Instructions to Offerors for the Submission of Proposals

CLAUSES

Contract Type This is an Indefinite Delivery, Indefinite Quantity Requirements Contract.

The Task Orders from this contract will be Firm-Fixed-Price contracts. Applicable clauses from this contract will transfer to this contract’s Task Orders.

Performance-based Work Statement (Found as Amendment 0002 Attachment 03 Revised Work Statement)

Unless otherwise stated in the individual funded Task Orders, the quality and time standards from this contract’s work statement will transfer to this contract’s Micro-Purchase Orders and orders.

Performance Location

National Parks Service, Lake Powell, Utah, USA.

Green Acquisition The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

Biobased Products are described at http://www.biopreferred.gov/

Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products

Environmentally Preferable Computers are described at http://www.epeat.net

Non-Ozone Depleting Products are described at http://www.epa.gov/Ozone/snap/index.html

Recycled Products are described at http://epa.gov/cpg

Water efficient products are described at http://epa.gov/watersense/ (End of clause)

GS0342 Hazardous Material Identification March 2008

(a) In accordance with clause FAR 52.223-3, Hazardous Material Identification and Material Safety Data, Alternate I, the contractor shall provide Materials Safety Data Sheets (MSDS) for the following products prior to their use under this contract: ratiation materials, adhesives, caulking, sealants, insulating materials, fireproofing or firestopping materials, paints, carpets, floor and wall patching or leveling materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticides, and herbicides.

(b) The Government reserves the right to review such products at any time. The Contracting Officer may eliminate from permitted use under this contract products with significant quantities of toxic, flammable, corrosive or Carcinogenic material and products with potential for harmful chemical emissions.

(End of clause)

52.216-21 Requirements. (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 90 days after contract expires.

(End of clause)

GS1431Contract Maximum (JUL 2001)

The total amount of all orders placed under this contract including options, shall not exceed $700,000.00.

(End of clause)

GS0919 Legal Holidays January 2002

The following legal holidays are observed by this Government agency:

New Year's Day

January 01

Martin Luther King's Birthday

3rd Monday in January

Presidents Day

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

July 04

Labor Day

1st Monday in September

Columbus Day

2nd Monday in October

Veterans Day

November 11

Thanksgiving Day

4th Thursday in November

Christmas Day

December 25

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

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

(End of Clause)

GS1101 Contract Administration Office (JULY 2001)

(a) This contract will be administered by:

U.S. Geological Survey

Denver Acquisition Branch Attn: Donald Downey Email: ddowney@usgs.gov Telephone: 303-236-9331

(b) Written communications to the Administrative Contracting Officer shall make reference to the contract number and shall be mailed to the above address.

(End of clause)

1452.201-70 Authorities and Delegations. (SEP 2011)

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

(b) The Contracting Officer will designate a Contracting Officer’s Representative (COR) at the time of award. The COR will be responsible for technical monitoring of the contractor’s performance and deliverables. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment by issuance of a new appointment.

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

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

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

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

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

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

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

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

(End of clause)

GS1104 AVAILABILITY OF FUNDS UNDER CONTINUING RESOLUTION JULY 2001

(a) In the event funding is appropriated under one or more Continuing Resolutions covering less than the full fiscal year, the Contracting Officer will advise the Contractor in writing of the amount of funds available and the period of performance covered by such funding. Under a Continuing Resolution, the contract price will be prorated for the period of time covered by the Continuing Resolution.

(b) The Government's obligation under this contract for performance after the period covered by any Continuing Resolution is contingent upon the availability of additional appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment in excess of the amount obligated hereunder may arise until funds are made available to the Contracting Officer for this contract and the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Until such notice is received, the contractor is not obligated or authorized to continue performance beyond the period covered by previously obligated funds.

(c) In the event of a lapse in funding upon expiration of an annual appropriation or Continuing Resolution, the contractor will not be paid for any costs incurred during the unfunded period, including unrecovered indirect costs, unless and until funds are appropriated and authorized for retroactive payment of Government employees and contractors. If nonavailability of contract funding requires the contractor to suspend work, the contractor will entitled to an equitable adjustment under the clause FAR 52.242-14, Suspension of Work, if and when the Contractor is notified by the Contracting Officer that additional appropriations are available to resume performance under the contract.

(d) If the Government has not provided additional funds to resume performance within 30 days after expiration of the period established in (a) above, the contractor may, by written notice, require that the contract be considered to be completed without prejudice to him or further liability to the Government. Such a termination shall not be considered to be a termination for convenience under the terms of the clause FAR 52.249-02, Termination for Convenience of the Government.

(e) The provisions of this clause also apply in the event future full year appropriations are not available for funding of option periods.

(End of clause)

AUTHORIZED MICRO-PURCHASE ORDERERS

A. The name(s) listed as the government contact(s) and the undersigned contracting officer are the only authorized Micro-Purchase Orderers for services under this contract/purchase order. Micro-Purchase Orders accepted by the vendor from anyone other than stated may result in nonpayment for services rendered.

B. Authorized Micro-Purchase Orderers for orders not to exceed (NTE) the Micro-purchase Threshold (At the time of award the micro-purchase threshold for services is $10,000.00) Limit Per Transaction: TBD

1) [ ]

2) [ ]

3) [ ]

4) [ ]

C. Task/Delivery Orders for purchases between the Micro-Purchase Threshold and the Simplified Acquisition Threshold (At the time of awards: $10,000.00 - $250,000.00) Limit per Transaction: (Contracting Officer):

By issuance of a Form 347 Purchase Order from either 1.

Donald Downey, Contracting Officer (CO) or

2.

Any warranted CO from the Denver Acquisition Branch.

(End of Clause)

INSTRUCTIONS FOR PLACING MICRO-PURCHASE ORDERS:

The authorized Micro-Purchase Orderer shall contact the contractor by email, telephone or in person and place the order. The following information is given to the contractor by the authorized Micro-Purchase Orderer:

a. Authorized Micro-Purchase Orderer's name, phone number, and mail code;

b. Contract number and the Micro-Purchase Order number assigned by the authorized Micro-Purchase Orderer;

c. The location of where the supplies will be delivered.

d. Authorized Micro-Purchase Orderers are required to ask the contractor to state any offered discounts for their supply or service on their monthly summary invoice.

e. Authorized Micro-Purchase Orderers shall inform the contractor that the Contract number and the Micro-Purchase Order/order number is to appear on their monthly summary invoice.

PAYMENT TERMS

Payments may be made via Government Purchase Card or Treasury’s Invoice Payment Platform (IPP).

a. Payment for Micro-Purchase Orders/Order less than the Micro-Purchase Threshold may be paid by Government Purchase Card.

b. Requests for Payments for Task/Delivery Orders at or above the Micro-Purchase Threshold shall be processed in accordance with the Treasury’s IPP invoicing system. Paid under the Prompt Payment Act, 30 days in arrears.

(End of clause)

52.900S-1178 Wage Determination Incorporation October 1997

In the performance of this contract, the contractor shall comply with the requirements of U.S. Department of Labor wage determination numbers: 2015-5497, revision number 5 dated 01/10/2018 and 2004-0047 revision number 15 dated 12/26/2017. The wage determinations are incorporated and made a part of this solicitation/contract as Attachment 5; and found at https://www.wdol.gov/ .

(End of clause)

52.000S-5079 Technical Liaison - Technical Direction (OCTOBER 1997)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

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

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

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

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

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is: TBD Name: [ ] Telephone: [ ]

Email: [ ]

Address:

(e) Only the Contracting Officer may designate a different Technical Liaison.

(End of Clause)

52.900S-1006 Prevention of Malicious Code March 2005

(a) Definitions

Malicious code is a computer code developed for the purpose of causing some form of intentional damage to computer systems or networks. Malicious code may be a complete program or code imbedded in software programs that appear to provide useful functions. The term includes computer viruses and other destructive programs, such as "Trojan Horses" and network "worms."

(b) The contractor must have in place an anti-virus procedure to ensure that media supplied is uncontaminated by malicious code.

(c) The contractor is required to scan all delivered software to insure it is free of malicious code prior to its installation or operation on USGS-owned computers or contractor-owned computers connected to USGS computer systems or networks. Contractors using diagnostics software disks or connecting to a non-USGS computer while performing repairs or upgrades to a USGS computer will scan the serviced computer's drive(s) to insure they are free of malicious code upon completion of the service call, or prior to return of serviced equipment, if servicing is performed off-site.

(End of clause)

GS0330 Section 508 Applicable Standards July 2001

The resources acquired in this investment must meet all applicable standards established by the Access Board in 36 CFR Part 1194, including technical, functional performance, information, documentation, and support standards. The products, services, information and data that are provided to the Government or the public as a result of this acquisition shall afford individuals with disabilities access comparable to that afforded to individuals without disabilities.

Standards applicable to this acquisition include:

_X_ Software Applications and Operating Systems 1194.21

___ Web-based Intranet and Internet Information and Applications 1194.22

___ Telecommunications Products 1194.23

___ Video or Multimedia Products 1194.24

___ Self-Contained, Closed Products 1194.25

___ Desktop and Portable Computers 1194.26

_X__ Functional performance criteria 1194.31

_X__ Information, Documentation, and Support 1194.41

The full text of the above referenced standards can be found at: http://www.section508.gov/final_text.html.

(End of clause)

Section 508 Compliance Statement “Back Office” Exception – Servers and Network Switches Applicable Items: Servers and Network Switches

This procurement will be installed in an area that will only be accessed by personnel for maintenance, repair, or occasional monitoring and is not accessible to a general user. This purchase falls under FAR 39.204(b) and Section I, Paragraph 3 of the GSA Section 508 Reference manual’s “Back Office” exception. Therefore, it has been determined that Section 508 criteria do not apply to this procurement action.

(End of clause)

FISMA Information Technology Security Requirements Summary

1. Background Investigation – N/A

2. Non-disclosure agreement – N/A

3. Training – N/A

4. Personnel Changes – N/A

5. Contractor Location – N/A

6. Applicable Standards – N/A

7. Asset Valuation – N/A

8. Property Rights – Rights to software acquired hereunder are set forth in the basic contract.

9. Independent Verification and Validation (IV & V) – N/A

10. Certification & Accreditation – N/A

11. Internet Logon Banner – N/A

12. Incident Reporting – N/A

13. Quality Control (Malicious Code) – All software or hardware purchased must be free of malicious code such as viruses, trojan horse programs, worms, spyware, etc.

14. Self-Assessment – N/A

15. Vulnerability Analysis – N/A

16. Logon Banner – N/A

17. Security Controls – N/A

18. Contingency Plan – N/A (End of clause)

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/ https://www.acquisition.gov/far/

52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements

52.204-6 Unique Entity Identifier.

52.204-12 Unique Entity Identifier Maintenance.

52.204-13 System for Award Management Maintenance. (May 2014)

52.204-16 Commercial and Government Entity Code Reporting

52.204-17 Ownership or Control of Offeror

52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.212-4 Contract Terms and Conditions - Commercial Items 52.222-17 Nondisplacement of Qualified Workers (MAY 2014)

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989)

52.222-55 Minimum Wages Under Executive Order 13658 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (DEC 2007)

52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) - Alternate I (JUL 1995)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-10 – Waste Reduction Program (MAY 2011)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)

52.227-14 Rights in Data – General (MAY 2014)

52.227-17 Rights in Data – Special Works (DEC 2007)

2.227-18 Rights in Data – Existing Works (DEC 2007)

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

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

52.233-1 Disputes (May 2014) (End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (Jan 2018)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

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

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

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

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

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

_x_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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 Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

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

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

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

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

_x_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

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

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

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

_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) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

_x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (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 (Jul 2013) (31 U.S.C. 3332).

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

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

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

_x_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

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

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

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

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

_x_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (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) (May 2014) (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).

_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).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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 (Oct 2015) (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

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

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii)

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 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).

(xiv) 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).

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

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

(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xix) 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).

(xx) 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.

(xxi) 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)

52.232-18 Availability of Funds. (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract 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 contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.247-34 F.o.b. Destination. (NOV 1991)

(a) The term f.o.b. destination, as used in this clause, means -

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including piggyback) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freight. When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall -

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

ADDING AND DELETING EQUIPMENT/SERVICES.

The Government reserves the right to add or delete advanced technical services and equipment using a bilateral modification to the contract, by mutual agreement with the Contractor.

Adding Items/Services. The added items/services pricing shall not exceed the Contractor's standard catalog or market price, less any discounts provided under this contract or mutually determined to be fair and reasonable.

Deleting Items/Services. Delivery/Performance for deleted goods/services shall end on the date that the Contracting Officer bilaterally agrees to the deletion.

(End of clause)

GS1396 Release of Information (JUL 2001)

(a) Disclosure of information gained as a result of work performed under this contract shall be accomplished according to U.S. Geological Survey procedures or through USGS channels. As used in this clause, the term ""information"" includes raw data, data derivative therefrom, and analysis or interpretations thereof, regardless of form. The term includes data developed or acquired by the contractor during performance of this contract, including analysis of samples provided by the Government and samples or recordings made by the contractor during contract performance.

(b) The contractor hereby agrees not to disclose such information to the public or to unauthorized parties without the prior written approval of the Contracting Officer. This restriction does not apply to releases of information to subcontractors (including consultants) as necessary for successful performance of the contract, provided (1) such information is of no commercial value to the subcontractor, and (2) the subcontractor agrees to be bound by the restrictions in this clause.

(c) After the contents of the contractor's final report have been made public by the Government, further releases of information may be made by the contractor, except for information subject to restrictions imposed elsewhere in this contract, if any. All releases must also comply with any additional restrictions which have been determined necessary by the Contracting Officer and provided to the contractor in writing.

(d) News releases pertaining to work under this contract shall not be made at any time without the approval and involvement of the cognizant Government Public Information Office.

(End of clause)

GS1399 Ownership of Materials (JUL 2001)

All original images, photo negatives from the instant of exposure, all duplicate negatives, intermediate positives, and prints shall be the property of the Government. While the images, negatives, positives, and prints are in the possession of the contractor, he may make only reproductions authorized by the contracting officer.

(End of clause)

GS1405 Duplication and Disclosure of Confidential Data (JUL 2001)

(a) Throughout performance of the contract the contractor may have access to confidential data that is the property of the U.S. Geological Survey, as well as access to proprietary data of other than the contracting parties. The Contractor shall not duplicate, publish or otherwise divulge such information in whole or in part, any interpretations thereof, or data derivative there from, in any manner or form, to unauthorized parties without the prior written approval of the Contracting Officer or the third party data owner, nor authorize or permit others to do so. The Contractor shall take such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis.

(b) The Contractor shall immediately notify, in writing, the Contracting Officer in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(c) The Contractor shall insert the substance of this clause in any consultant agreement or subcontract under this contract.

(d) Any unauthorized disclosure of information may result in termination of this contract for cause.

(End of clause)

GS1406 Confidentiality of Data (OCT 2005)

(a) The work under this contract requires access to proprietary, business confidential, or financial data of other companies and/or USGS internal scientific, planning or procurement sensitive/source selection data, which, if released to third parties may give unfair business, technical, or competitive advantages. As long as such data remains proprietary or confidential, the contractor shall protect such data from unauthorized use and disclosure and agrees not to use it to compete with such companies or for any purpose other than performance of this contract.

(b) This data may be in various forms, such as documents, raw photographic films, magnetic or digital media, photographic prints, computer system data, or it may be interpretative results derived from analysis, investigative, or study effort. Regardless of the form of this data, the contractor agrees that neither it nor any of its employees will disclose to third parties any such data, or derivatives thereof, except as may be required in the performance of this contract. Further, the contractor will not copy any of this data, or derivatives thereof, other than as necessary for the performance of this contract.

(c) The contractor will establish policies and procedures to implement the substance of this clause at the individual employee level which will assure that affected employees are made aware of the contract provision and the contractor's implementing policies and procedures. Particular attention will be given to keeping employees advised of statutes and regulations applicable to the handling of third party confidential or financial data.

(d) This clause does not preclude the contractor and/or its employees from independently acquiring and using data from legitimate sources outside of this contract, or from performing and using independent analysis of data so acquired, provided that the contractor and/or its employees fully document the source of such data, and the independence of any such analysis.

(e) The Contractor shall immediately notify, in writing, the Contracting Officer in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(f) The contractor will insert the substance of this clause in each subcontract hereunder (other than for purchase of supplies or equipment) unless the Contracting Officer has waived this requirement, in writing, as to particular subcontracts or classes of subcontracts.

(g) Any unauthorized disclosure of information may result in termination of this contract for cause.

(End of clause)

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:

Workers Compenstation and Employer’s Liability $100,000 each person*

Automobile Liability $200,000 each person*

$500,000 each occurrence for bodily injury*

$20,000 property damage*

General Liability $1,000,000 per occurrence for bodily injury

(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.