B08_Terms_and_Conditions_FINAL_11_16_23_0001.pdf

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED

140G0224Q0006

PAGE OF PAGES

TABLE OF CONTENTS

Statement of Work

COMMERCIAL CLAUSES

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (Nov 2023) 52.217-8 Option to Extend Services (NOV 1999) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 52.252-2 Clauses Incorporated by Reference (FEB 1998) GS0339 – Green Acquisition (JUL 2018) GS0910 Period of Performance (JUL 2001) GS0925 Unscheduled Closures – Fixed Price (MAR 2003) GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013) GS1440 Wage Determination (JUL 2011) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (APR 2013)

PROVISIONS

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) Basis for Award Question Cutoff Quotation Submission

Statement of Work

Statement of Work

A. BACKGROUND

The Geologic Hazards Science Center (GHSC) conducts research and operations in geology, geophysics, seismology, engineering seismology, geomagnetism, and geomechanics to assess seismic hazards and risk, geomagnetic hazards, and ground-failure hazards on regional, national, and international scales. The mission of the USGS Geomagnetism Program is to monitor the Earth’s magnetic field. Using ground-based observatories, the program provides continuous records of magnetic field variations covering long timescales; disseminates magnetic data to various governmental, academic, and private institutions; and conducts research into the nature of geomagnetic variations for purposes of scientific understanding and hazard mitigation. The USGS operates a network of fourteen geomagnetic observatories in the continental U.S., Alaska, Puerto Rico, Hawaii, and Guam. The purpose of this contract is to have Contractor support available to help operate and maintain the USGS Sitka Magnetic Observatory, Sitka, AK.

Services required by the Contractor shall vary from about 10 to 20 hours per month for Subtasks A and B under the performance work statement, depending on the level of troubleshooting and adjustments needed at the observatory. The Contractor’s primary responsibilities shall be to perform absolute observations and to assist in keeping the observatory operations equipment running as close to a 24 hours/7 days per week operational schedule as possible.

B. PERFORMANCE WORK STATEMENT

The Contractor shall perform the following support tasks for the USGS Sitka Magnetic Observatory. Work shall be compliant with established operating procedures available from the USGS Geomagnetism Program and located in documents on site. Independently, and not as an agent of the Government, the Contractor shall:

Subtask A: Weekly observatory tasks – approximately 10 hours per month:

1. Check the USGS Geomagnetism Program web-based data plots (Geomag Plots) to verify the operation of the data acquisition system as instructed by the USGS Technical Liaison

(TL).

2. Monitor temperature stability of the variations building using temperature plots displayed on the Geomag Plots webpage.

3. Make DI flux Absolute observations (at least four sets per measurement) according to USGS guidelines.

4. If original absolute observations do not appear to be of the quality required by USGS standards, the Contractor shall re-perform those absolute measurements as requested by the USGS TL or other USGS Geomagnetism Program representative.

5. Scan and file the original observation form in the observatory files. Compute Absolute and Baseline measurements within 24 hours. Review Baseline Summary, checking for the quality of observations as instructed. On occasion the observer may be requested to email their absolute data sheets to the Golden office.

6. Check facilities for noticeable damage and report to USGS TL within 24 hours.

7. Report by email and telephone any equipment malfunctions or unusual conditions to

USGS TL within 4 hours after malfunction is detected.

8. Ensure that Absolute measurements are made approximately every fourteen days

(between every 13 and 15 days is acceptable).

9. Coordinate with the USGS TL, in advance, if Contractor will be out of town or unavailable (such as vacation) for more than 72 hours.

10. Provide minor support for other projects at the observatory, such as facilitating access to the observatory grounds and buildings, if requested by USGS TL or Facility Manager.

11. Send and receive packages as required by USGS.

12. Check observatory voicemail and USGS email (if applicable) upon each visit to the observatory.

13. Maintain a satisfactory facility condition and ensure the facility presents a clean, neat, and professional appearance. The Contractor shall:

Sweep or vacuum the floors in the Absolutes and Electronics Buildings at least twice per year, or more frequently as needed, to maintain a neat and tidy appearance.

Clean all windows in Absolutes building at least twice per year, so that the views to the azimuth mark from any pier are unobstructed.

Maintain office in a neat and orderly fashion: file or recycle paperwork; keep desktops clean; keep mail and office supplies stored in an orderly fashion.

Periodically clean computer monitors and keyboards as needed.

Report to USGS Facility manager any identified facilities-related issues that are beyond the scope of this task.

Subtask B: Unscheduled – as needed, approximately 10 hours per month:

1. Perform minor troubleshooting, repairs, and adjustments to obsRIO system, magnetometers, and related equipment as requested by the USGS TL or other USGS Geomagnetism Program representative.

2. Perform extra Absolute measurements on an “as needed” basis as requested by the USGS TL or other USGS Geomagnetism Program representative in support of observatory or equipment upgrades/installation or other special cases.

3. Perform minor maintenance items as directed by USGS TL to include, but not limited to reconnecting cables, adjusting the theodolite, and sending equipment to the Golden, CO, office for repair.

Subtask C: Annual refresher visit – annually, approximately 4 to 8 hours per year:

1. On an annual basis (unless extraordinary circumstances do not allow), a specialized review and refresher instruction of the observation procedures will be provided to the

Contractor by a government employee during an annual site visit to the observatory.

Contractor shall be available for 4-8 hours during the government employee visit.

Subtask D: Maintenance and Groundskeeping – annually, approximately 10 - 20 hours per month:

The vendor will act as onsite USGS representative and part-time caretaker. USGS will provide fuel, maintenance parts, and repair parts. Vendor will provide the following services:

Weekly or as needed:

1. Check all buildings for security and maintenance needs. Report needs promptly to the USGS Facility Manager (FM).

2. Patrol wooded area between absolutes building, variations building, azimuth monument, and the Gavin Hill trail. Notify the Sitka Police Department if unauthorized people are on the property.

3. While patrolling, pick up minor amounts of litter. A minor amount means less than 10 minutes to pick it up. Notify USGS TL or FM when more than a minor amount of litter is found.

4. Mow lawns in the Quarters area. Maintain vegetation to less than 6 inches.

5. Mow paths and trails to less than 6 inches.

6. Provide written progress reports weekly via email of observatory activities (including project or vendor activities), work progress, maintenance completed, periodic maintenance needs (identify dates of maintenance), expenses, unusual activity, and anything else of note to the USGS FM.

Monthly or as needed:

1. Clear with trimmer or mower a 20-foot area around buildings to less than 6 inches.

2. Check and maintain “No Trespassing” and other signs.

3. Monitor entry-gate operation and serviceability.

4. Maintain, change oil, sharpen blades, etc. to power equipment.

5. Clear vegetation and undergrowth from around Electronics, Variations, and Absolutes buildings as far back as the evergreen trees to maintain a firebreak around each structure.

This will generally be 20 feet more than the maintained 20-foot area.

6. Edge and clean the sidewalks and driveway.

7. Contractor will submit to all invoices and receipts to the USGS FM. Invoices and receipts may be scanned or photographed and emailed.

8. Inspect fire extinguishers monthly.

Semiannually:

1. Cut pathway between azimuth monument and absolutes building, including small tree branches. Keep brush trimmed to keep a clear view of azimuth monument. Notify USGS FM when large branches need trimming of removal.

2. Monitor the Quarters’ heating fuel levels and inform USGS FM of needs.

Seasonally:

1. Remove snow from bridge and stairways to instrument buildings.

2. Keep trees in year and along paths neatly trimmed.

3. Clean out gutters, downspouts, and snow guards.

4. Complete annual furnace maintenance including combustion test.

5. Flush water heater annually.

6. Recoat chimney flashing yearly.

7. Inspect smoke and CO detectors. Replace batteries in the Fall and Spring.

As needed:

1. Act as USGS representative to gather bids from vendors and to inspect work performed, as directed by USGS FM or TL.

2. Perform minor maintenance to main house, office, and facilities when needed.

a. Paint heating fuel tank when needed.

b. Inspect flammable liquid storage locker and remove all outdated and expired items.

i. No plastic gas cans allowed – only metal.

ii. Dispose of outdated and expired liquids according to Federal and State requirements.

Absolute Observations Guidelines and Optimum Schedule:

Ensure that absolute measurements are made by vendor approximately every fourteen days for a total of 26 observations each year. If circumstances do not permit observations on a scheduled day, the schedule should be adjusted, so that observations are made either one to three days prior to the scheduled day, or as soon as possible after the scheduled day. The subsequent observations should then be made on the day that would maintain the original fourteen-day schedule. Normal observations should not be made more frequently than every five days unless instructed by the USGS TL. Vacation and/or other time away from the observatory that is coordinated in advance with the USGS TL may allow the total number of observations to be adjusted to less than 26 per year by the Contractor.

The following procedures are important for quality absolute measurements:

Special attention must be given to removing all ferrous metal from the observer’s body, clothing, and footwear and keeping the Absolute building free of ferrous metals. The Contractor shall self-test for magnetic influences on their person prior to beginning each measurement session.

The theodolite must be leveled.

Focus the telescope and the cross hairs prior to sighting on the correct point of the azimuth mark.

Declination measurements: The Vertical circle must be set at exactly 90 or 270 degrees

(level) before nulling. The instrument shall be nulled to 0.0 nT and the time of the null shall be noted to the second.

The Magnetic Meridian must be computed properly.

The theodolite circle locks should be left in an unlocked position when the instrument is not being used.

The theodolite and magnetometer should be handled gently. No changes or modifications should be made to the theodolite and/or magnetometer unless instructed by the USGS TL.

Care should be taken not to twist the cable or damage the cable connectors.

The Contractor shall notify the USGS Geomagnetism group by email, IN ADVANCE whenever possible, with a list of times when anyone is working near any of our sensor buildings.

The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this contract.

C. PHYSICAL DEMANDS AND OTHER REQUIREMENTS

Work is primarily performed in a laboratory or office setting; however, there may be times when outside repairs will expose the vendor to inclement weather. Work also requires delicate use of tools, meters, recording devices, and computers to maintain, repair, adjust, and calibrate the equipment.

D. QUALITY ASSURANCE PLAN AND SURVEILLANCE

The Quality Assurance Plan focuses on key performance measures that are central to successful magnetic observatory work and have the highest potential for having an adverse impact on observatory operations if not performed as required.

Performance Measure

QA Objective Acceptable Quality Level

Inspection Technique

Absolute Observations

Perform Absolute observations according to USGS guidelines and schedule requirements.

Observation measurements meet USGS data quality standards and schedule requirements.

Inspection of measurement data by USGS Geomagnetism Program personnel.

Ensure that Absolute observations (one set of four) are made by vendor approximately

Contractor completes 26 observations per year, minus excused absences.

Tally of number of absolute observation files on USGS Web Absolutes.

every 14 days.

Timely submittal of baseline calculations to USGS.

90% of baseline computations submitted within 24 hours of observation.

Review of dates of file submissions.

Equipment Operations

Equipment malfunctions or unusual conditions are reported promptly.

90% of equipment problems are reported within 4 hours of discovery.

Review of daily reports and observer emails.

Observatory Maintenance and Groundskeeping

Provides observatory buildings and grounds maintenance.

Facilities and grounds are maintained in good condition and deficiencies promptly reported.

Review of weekly written progress report submitted to USGS FM.

E. GOVERNMENT HOUSING

See Terms and Conditions of Government Furnished Property/Government Housing outlined in Attachment 1.

COMMERCIAL CLAUSES

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (Nov 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.)

☒(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☐(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

☐(6) [Reserved].

☐(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

☐(10) 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).

☐(11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

☐(12) [Reserved].

☐(13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C.

657a).

☐(14) 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).

☒(15) [Reserved] ☐(16) (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.

☐(17) (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.

☐(18) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).

☐(19) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 2023) of 52.219-9.

☐(20) (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.

☐(21) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

☐(22) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

☒(23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

☐(24) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)).

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

☐(25) 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)).

☐(26) 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)).

☐(27) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.

644(r)).

☐(28) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

☒(29) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒(30) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

☒(31) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☐(32) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

☐(34) (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.

☐(35) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

☒(36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☐(37) (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).

☐(38) 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.)

☐(39) (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.)

☐(40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐(41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

☐(42) (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.

☐(43) (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.

☐(44) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C.

8259b).

☒(45) (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.

☐(46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐(47) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☒(48) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

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

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

☐(51) (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].

☐(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.

☒(52) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐(53) 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).

☐(54) 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).

☐(55) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

☐(56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

☐(57) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐(58) 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).

☒(59) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

☐(60) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

☐(61) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

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

☐(62) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

☐(63) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

☐(64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

☐(65) (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).

☐(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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 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.

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

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

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

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

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

(xiii) 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.

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

(xv)

(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).

(xvi) 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).

(xvii) 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).

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

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

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

(xxi)

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

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

(xxii) 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).

(xxiii) 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.

(xxiv) 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.

(xxv) 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.

(End of clause)

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 within 30 days before expiration of period of performance.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; 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.

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with 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 address:

http://www.acquisition.gov/far/

52.204-7 System for Award Management. (OCT 2018) 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) 52.212-4 Contract Terms and Conditions – Commercial Items (NOV 2023) 52.232-1 Payments (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) 52.246-4 Inspection of Services-Fixed-Price (AUG 1996)

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 exceeding the above limitations.

(d) The Technical Liaison assigned for this contract is: To be determined at time of award.

(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 included 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

GS0910 Period of Performance (JUL 2001)

The period of performance of this contract shall be as follows:

Start Date Completion Date

Base Year March 1, 2024 February 28, 2025

Option Year 1 March 1, 2025 February 28, 2026 Option Year 2 March 1, 2026 February 28, 2027 Option Year 3 March 1, 2027 February 29, 2028 Option Year 4 March 1, 2028 February 28, 2029 6-Month Extension March 1, 2029 September 30, 2029

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 FAR 52.242-17 Government Delay of Work.

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

GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013)

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.

GS1440 Wage Determination (JUL 2011)

In the performance of this contract, the contractor shall comply with the requirements of U.S.

Department of Labor Wage Determination Number 2015-5685, Revision No. 20, dated 07/27/2023. The wage determination is incorporated into this contract as Attachment 1.

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (APR 2013)

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

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

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 SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973- 3131.

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

All requests for payment via IPP.gov must include invoice copy attachment.

PROVISIONS

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the

Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017) 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. (SEP 2023) 52.212-3 Offeror Representations and Certifications—Commercial Items. (NOV 2023) 52.219-1 Small Business Program Representations (SEP 2023) 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) 52.222-25 Affirmative Action Compliance (APR 1984) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (JUN 2020)

Basis for Award

The award of this requirement shall be made using only the procedures found in Part 13 - “Simplified Acquisition Procedures” of the Federal Acquisition Regulations (FAR).

Aw…