B09_Amend_01_Statement_of_Work_and_Clauses_0001.docx

CLAUSES AND PROVISIONS

STATEMENT OF WORK FOR GENERATOR LOAD TESTING AND PREVENTATIVE MAINTENACE AGREEMENT

1. GENERAL INFORMATION

a. Introduction Inspection, Load Testing, Preventative Maintenance Services of the Generators at the Upper Midwest Environmental Sciences Center (UMESC).

b. Background: The generator system at the UMESC facility at 2630 Fanta Reed Road in La Crosse, WI is comprised of one 1000 kW emergency generator serving the Segment A, B, C, D wings of the main building, one 150 kW generator serving the 3 water supply wellhouses, and one 100 kW generator serving the wastewater effluent treatment plant.

c. Scope: This Statement of Work (SOW) sets forth the requirements for the contractor to provide inspection, testing and maintenance of the three (3) emergency generators serving the main facility, wellhouses and the wastewater treatment plant of the UMESC facility at 2630 Fanta Reed Road in La Crosse, WI.

2. WORK REQUIREMENTS

a. Request for Quotation (RFQ) package:

i. Contractor shall provide, as part of the quote, unit costs for labor and travel and representative material costs for system compatible devices (sensors, switches, actuators, motor fluids, filters, belts and associated generator engine consumables) and other system components the Contractor deems as representative as components utilized for typical repair and maintenance components for the UMESC specific generators. Include manufacturer and associated part numbers with material unit pricing. Any repair work on the system that is not mentioned in this SOW shall be billed based on the Contractor unit pricing as listed in this section during the Period of Performance for this Contract.

ii. Contractor shall provide pricing for option years to preventative maintenance and inspection services for each year of successive 4 years of service should the Government choose to exercise additional years of service with this Contractor.

iii. Contractor shall provide pricing as an option to perform load bank testing of the three generators in accordance with this SOW should the Government choose to exercise this option.

b. Work Requirements: Work to include the following:

i. Annual Inspections:

1. Check switchgear for proper operation and run the emergency generator under facility load if permissible.

2. Verify the generator controller instrument operation and test meter operation.

3. Test emergency and failure shutdowns and alarms.

4. Review system operation with personnel to answer any questions regarding the proper operation and maintenance of the Generator, Transfer Switch, and Switch Gear

5. Pressure test cooling system and verify freeze protection level

6. Visual inspection of the installation for:

ii. Preventative Maintenance Work to Be Performed:

1. Replace engine oil and oil filters.

2. Replace fuel filters.

3. Perform oil analysis.

4. Perform coolant analysis to verify freeze protection, corrosion protection, and coolant condition. Replace coolant as determined by analysis.

5. Load test engine starting batteries.

6. Check operating, and safety controls.

7. Log operating conditions.

8. Review operating procedures; report any issues, problems and/or concerns to owner operator.

iii. Load Bank Tests; All Generators

1. Two hour load bank test.

2. Written report of test.

3. 30 Minutes at not less than 30 % & 50 % Load.

4. 60 Minutes at not less than 75 % Load.

5. 10 Minutes at 100 % not recorded.

6. Record unusual noises and vibrations.

7. Log operating conditions.

8. Review operation, report any issues to owner-operator

iv. Parts

1. All replacement parts and components shall be new and from the original equipment manufacturer where available. All parts shall be fully compatible with existing generator systems without any requirement of interface devices. Where not available, parts and components shall meet or exceed the original equipment manufacturer's specifications. The use of any part that is not new (i.e. refurbished) shall require CO approval. All parts installation shall be promptly and fully completed such that all components have been reassembled as originally designed, whether cosmetic or functional.

v. Project Documentation / Deliverables:

1. All accessible maintenance and inspections shall be logged for:

a. Each device replaced or serviced, including make/model number.

b. Test results and applicable pressure/temperature readings.

c. Any discrepancies found shall be noted individually and on a separate summary page

d. All documentation and recommendations shall be provided to Customer

2. The documentation shall be signed off by facility personnel at the completion of work. Include the following on each service sheet:

a. Manufacturers help desk contact information.

b. Contractor emergency contact information.

c. Technical Requirements

i. Work shall be performed during regularly scheduled facility hours (7:30am-4pm; Mon. – Fri.).

ii. Contractor shall provide on-staff technicians factory-trained in preventative maintenance and servicing of installed equipment. Contractor shall be required to service or repair equipment on-site within 24 hours of notification by UMESC of requesting emergency service or repairs.

iii. Contractor shall coordinate scheduling with UMESC Contracting Officer’s Representative (COR) as needed to provide selected Contractor personnel to perform the work.

iv. Coordinate all work with the UMESC COR to ensure any facility operations or equipment is not interrupted or disturbed. Contractor shall be responsible for any work performed as part of this contract that causes damage to existing equipment or negatively impacts ongoing research.

v. Contractor shall provide equipment as necessary to minimize debris in and around work areas. Contractor shall clean surfaces or equipment impacted by this work and remove any debris or material as a result of this Contract work

vi. Contractor shall properly seal, contain and dispose of oil, filters and consumables offsite according to local, state and federal regulations. Contractor shall have on hand spill containment and cleanup equipment approved for such use. Any spills of oil or fuel occurring as part of this Work shall be cleaned up by this Contractor and the COR notified of any such incident.

vii. Contractors shall notify the UMESC COR prior to entry into other areas of the facility not directly related to this project scope. Entry into offices, mechanical/electrical spaces and or laboratories without permission from UMESC COR is prohibited.

viii. Any issues affecting project completion or delivery dates shall be communicated to the UMESC COR as soon as practical but no later than 72 hours.

ix. Quality Assurance Surveillance Plan:

1. PERFORMANCE REQUIREMENTS MATRIX

Requirement Performance Objectives Performance Threshold

Surveillance Performance Standard

Successful Inspection, Testing and Maintenance

Inspection, Testing and Maintenance completed in accordance with Manufacturer guidelines 2.b.i 2.b.ii 2.b.iii

Inspection In Accordance With Manufacturer guidelines

Maintenance completed in accordance with Schedule 2.b.i 2.b.ii 2.b.iii

working days of notification or discovery

with, applicable industry standards and manufacturer's recommendations 2.b.iv

accurate Reports In Accordance With SOW 2.b.v

d. Warranty Work and Service

1. The Contractor shall guarantee that all installed parts; components, systems and workmanship meet the specifications set forth in this SOW. Additionally, the Contractor shall warranty all Contractor supplied components, workmanship and/or systems for a (minimum) period of 12 months from the date of Government acceptance of performed Work.

2. Should any Contractor supplied part, component, workmanship or system, fail within that period of time, the Contractor shall immediately replace or repair that part, component, or system within 48 hours at no further cost to the Government. If the Contractor is unable to start and/or finish the repair or replacement, the Contractor shall be liable for all costs incurred by the Government to correct the issue(s).

3. The Contractor shall not be responsible for the repair or replacement of any part, component, or system that fails due to fire, flood, riots and vandalism or because of the misuse of equipment by Government employees.

4. UMESC reserves the right to expand or add to the system during the Contract period using firm(s) other than the Contractor for such expansion without affecting the Contractor's responsibilities, provided the expansion is performed by an authorized dealer for the affected equipment.

e. Deliverables

i. Inspection, service and load test reports and material-supplied warranty paperwork for the generator systems identified in this Scope of Work.

3. SUPPORTING INFORMATION

a. Place of Performance: UMESC; 2630 Fanta Reed Rd. La Crosse, WI. Main Generator Building, Wellhouse Generator Building, Effluent Treatment Generator Building.

b. Period of Performance:

Base: 06/01/2023 through 05/31/2024 Option Year One: 06/01/2024 through 05/31/2025 Option Year Two: 06/01/2025 through 05/31/2026 Option Year Three: 06/01/2026 through 05/31/2027 Option Year Four: 06/01/2027 through 05/31/2028

c. Government Furnished Property (GFP): None

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://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html http://farsite.hill.af.mil/reghtml/Regs/far2afmcfars/fardfars/Far/52_000.htm?zoom_highlight=52%2E212-4

52.202-1 Definitions (JUN 2020) 52.203-19 Prohibition on Reporting Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 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) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporation (NOV 2015) 52.212-4 Contract Terms and Conditions – Commercial Items (DEC 2022) 52.223-6 Drug-Free Workplace (MAY 2001) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAR 2023)

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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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:

☐(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. 4655). ☐(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

☐(5) [Reserved].

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

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

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

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

☐(10) [Reserved].

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

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

☐(13)[Reserved].

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.

☐(16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

☐(17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

☐(19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

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

☐(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) ( 15 U.S.C. 632(a)(2)).

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

☐(23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

☐(24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

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

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

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

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 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.

☐(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.

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

☐(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

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

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

☐(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-th ☐(ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

X (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

X (iii) Alternate II (Dec 2022) of 52.225-3.

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

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

☐(50) 52.225-5, Trade Agreements (Dec 2022) ( 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. Subtitle A, Part V, Subpart G Note).

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

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

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

☐(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

☐(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

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:

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

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

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

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

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

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

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

☐(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e)

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

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

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

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

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

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

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii)

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

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xix)

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.217-8 – Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the expiration date of the contract.

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

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration date of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

52.242-17 Government Delay of Work (Apr 1984) (a)If the performance of all or any part of the work of this contract is delayed or interrupted (1)by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2)by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

GS0231 Technical Liaison-Technical Direction (JUL 2018)

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, 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:

Name: TBD Phone:

Email:

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

GS0339 Green Acquisition (JUL 2018)

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

Significant New Alternatives Program (SNAP) are described at http://www.epa.gov/snap/overview-snap

The Comprehensive Procurement Guidelines promote the use of recovered and recycled products at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Water efficient products and services are described at https://www.epa.gov/watersense incorporated and made a part of this order.

GS0911 Period of Performance – Options (JUL 2001)

The term of the basic and contract option periods are as follows:

Start Date Completion Date

Basic Contract Period June 01, 2023 May 31, 2024

Option Period 1 June 01, 2024 May 31, 2025

Option Period 2 June 01, 2025 May 31, 2026

Option Period 3 June 01, 2026 May 31, 2027

Option Period 4 June 01, 2027 May 31, 2028

GS0919 Legal Holidays (JAN 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

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.

GS0925 Unscheduled Closures – Fixed Price (MAR 2003)

(a) The USGS facility where contractor employees are working may occasionally be closed temporarily and federal employees dismissed, such as for inclement weather, holiday early closings, power outages, or other emergencies. In these cases, the Contracting Officer or COR will advise the contractor whether any of the contractor's activities on Government facilities are considered critical and require continued performance. In most cases, the Contractor will be required to dismiss employees at Government facilities who are performing noncritical tasks after federal employees are dismissed.

(b) If the unscheduled closure causes an increase in the cost of contract performance or if any contract term or condition is affected by the closure, the Contractor may request an adjustment pursuant to clause GS1338 Notice to the Government of Delays.

(c) Contractor performance at locations that are not affected by the unscheduled closure will not be subject to this clause.

GS1330 Key Personnel (JUL 2001)

(a) The Contractor shall assign to this contract the following key personnel to the identified positions/functions:

Position/Function Name

Contractor’s Representative ___________________________

Alternate Contractor’s Representative ___________________________

(Offeror must fill in names of proposed key personnel, as presented in the technical proposal.)

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes must possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation/contract. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

GS1332 Contractor's Representative (JUL 2001)

(a) Upon contract award, the contractor shall furnish to the contracting officer the name of the person he has designated and assigned exclusively to this contract as his agent or representative. The contractor's representative shall exercise overall management responsibility for the contract effort, receive technical direction, and handle problems arising under the contract, such as dismissals, disciplinary matters, etc. The contractor's representative is further responsible for coordinating matters of mutual concern with the Government representatives. In the event questions of responsibility arise, they shall be resolved by the contracting officer or his authorized representative.

(b) The contractor's representative may not be diverted to other projects for 14 consecutive days or more without giving prior written notification to the contracting officer or his representative. Such notification shall include a justification for the diversion, together with information on the proposed substitute in sufficient detail to permit analysis of any potential negative effects on contract performance. No substitution shall be made without the written consent of the contracting officer; provided, however, that the contracting officer may grant such consent retroactively. Any such substitution of a permanent nature will be made a part of this contract through the issuance of a modification.

(c) When the Contractor's Representative is temporarily unavailable to manage the contract effort for a period longer than 72 hours, including absences due to vacation or illness, the contractor will provide to the COR a written designation of an alternate representative, itemizing any limitations in the alternate's authority. The procedures of paragraph (b) above do not apply to such temporary designations unless they are expected to exceed the time period indicated in that paragraph.

GS1338 Notice to the Government of Delays (JUL 2001)

In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or date, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the contracting officer and the COR (if one has been designated), in writing, giving pertinent details. This data shall be informational only in character. Notice under this provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.

GS1346 Compliance with Occupational Safety and Health Act -- Government-Owned (APR 2003)

Performance of work shall comply with the provisions of the Occupational Health and Safety Act of 1970, as amended (OSHA). If, at any time during the performance of this contract, the Government-furnished facilities and/or equipment do not conform to OSHA standards, the contractor must so notify the Contracting Officer, in writing, including a recommendation of the corrective action needed."

GS1348 Accident Reporting (APR 2003)

If an accident occurs on Government-controlled facilities, an instant notice report must be provided to the Contracting Officer's Representative and the Contracting Officer, and a written detailed report must be provided within 2 work days. An accident is defined as an event which causes injury, illness, or loss or damage to Government-owned or private property. The contractor will cooperate with any ensuing Government accident investigation.

GS1350 Supervision of Contractor's Employees (JUL 2007)

(a) Personnel assigned to render services under this contract shall at all times be employees of the Contractor (or a subcontractor) and under the direction and control of the Contractor. Notwithstanding any other provisions of this contract, the Contractor shall at all times be responsible for the supervision of its employees in the performance of the services required hereunder.

(b) If the Contractor finds clarification necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder, he shall request in writing such clarification from the Contracting Officer.

(c) Contractor personnel shall not at any time during the contract period be employees of the U.S. Government.

(d) The contractor's employees and subcontractors must make clear, in dealings with the public, federal employees, or other contractors that they are not federal employees. To minimize possible confusion, contractors and subcontractors are not permitted to wear clothing or other items (apart from official identity credential) bearing the name, logo, or seal of the U.S. Geological Survey while performing work under this contract.

GS1363 Nonpersonal Services - Independent Contractor (JUL 2007)

The Government and the Contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations. Both parties agree to each of the following:

a. Contractor personnel under this contract shall not be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.

b. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

c. Payments by the Government under this contract are reported to the IRS as payments to an independent contractor. The contractor is responsible for making payments of estimated taxes, Federal Insurance Contributions Act (FICA) and Medicare contributions, and other applicable federal, state and local taxes applicable to this income, directly to the relevant taxing authority.

d. The contractor is not entitled to workman’s compensation benefits by virtue of this contract.

e. The entire consideration and benefits to the Contractor for performance of this contract are contained in the provisions for payment under this contract.

f. It is the Contractor’s, as well as, the Government’s responsibility to monitor contract activities and notify the Contracting Officer if either party believes that the intent of this clause has been or may be violated.

g. The contractor must make clear, in dealings with the public, federal employees, or other contractors that he is not a federal employee. To minimize possible confusion, contractors are not permitted to wear clothing or other items (apart from official identity credentials) bearing the name, logo, or seal of the U.S. Geological Survey while performing work under this contract.

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment 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: A copy of the Contractor’s internally generated invoice

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

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

GS1131 Deobligation of Unexpended Funds The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer. After 120 days has passed since the expiration of the performance period, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

PROVISONS

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://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17 Ownership or Control of Offeror (AUG 2020) 52.212-1 Instructions to Offerors—Commercial Items. (MAR 2023) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (JUN 2020) 52.204-20 Predecessor of Offeror (AUG 2020)

(a) Definitions. As used in this provision– Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying…