140G0322R0004_Solicitation_Provisions_and_Clauses.pdf

140G0322R0004 Solicitation Clauses Page 1 of 12

Solicitation Provisions and Clauses for (5) Year Indefinite Delivery, Indefinite Quantity Contract for Earthquake Early Warning (EEW) System Site Infrastructure Construction.

Magnitude of the project IAW FAR 36.204(d) - Between $500,000 - $1,000,000.

Set aside for Small Business. NAICS: 238210 – Electrical Contractors and Other Wiring Installation Contractors, $16.5

Place of Performance: See Master Site list

Period of Performance: 10/01/2021 – 09/30/2022

Attached Pages:

Statement of Work: 59 pages Master Site List, Excel document, 1 tab

Earthquake Early Warning (EEW) System Site Infrastructure Construction Terms and Conditions

Definitions “Contract clause” or “clause” means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award.

“Solicitation provision” or “provision” means a term or condition used only in solicitations and applying only before contract award. Throughout this document, provisions are marked with an asterisk (*).

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

The following provisions are incorporated by reference, with fill-ins noted as appropriate:

*52.204-7 – System for Award Management (Oct 2018) *52.204-8 – Annual Representations and Certifications (May 2022) *52.204-16 – Commercial and Government Entity Code Reporting (Aug 2020) *52.216-1 – Type of Contract (Apr 1984)

With regard to the fill-in for the provision at 52.216-1, insert “indefinite delivery indefinite quantity”

*52.222-5 – Construction Wage Rate Requirements – Secondary Site of the Work (May 2014) *52.222-23 – Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

With regard to the fill-in for provision 52.222-23, participation goals for minorities and females can be found here: https://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf. The

Solicitation Clauses Page 2 of 12 minority goal is established at 18.6%, which is an average of the goals throughout California. The female goal is 6.9%.

*52.225-10 – Notice of Buy American Act Requirements – Construction Materials (May 2014) *52.233-2 – Service of Protest (Sep 2006) With regarding to the fill-in at paragraph (a), agency-level protests and copies of GAO protests may be served on the Contracting Officer by email to cjfejarang@usgs.gov. Receipt confirmation will be provided.

*52.236-27 – Site Visit (Construction), Alt. I (Feb 1995)

An organized site was scheduled for Thursday June 16, 2022 at 1100 PDT at an existing site near the USGS’ Menlo Park office so that offerors can see what a finished site should look like.

Site location: 37.33378 -122.09232

Parking lot to meet: 37.332855, -122.087189 . Rancho San Antonio Open Space Preserve. 22500 Cristo Rey Dr, Cupertino, CA 95014

Be prepared to walk 1/3 to 2/3 of a mile each way, depending on parking.

Contact the Contracting Officer to request for an additional details or to schedule a site visit.

(End of Provision)

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

The following clauses are incorporated by reference, with fill-ins noted where appropriate.

52.203-3 – Gratuities (Apr 1984) 52.203-5 – Covenant Against Contingent Fees (May 2014) 52.203-6 – Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-7 – Anti-Kickback Procedures (June 2020) 52.203-8 – Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 – Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 – Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-14 – Display of Hotline Posters (Nov 2021)

With regard to the fill-in at 52.203-14(b)(3), the Department of Interior Office of Inspector General’s “hotline” poster can be accessed here:

http://www.doi.gov/oig/hotline/images/OIGFraudHotlinePoster_01242014jpg.jpg

52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-13 – System for Award Management Maintenance (Oct 2018)

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52.204-18 – Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 – Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.211-10 – Commencement, Prosecution, and Completion of Work (Apr 1984)

With regard to fill-ins for the clause at 52.211-10, the contractor shall commence work within ten (10) calendar days of receiving the notice to proceed and shall complete all work within 180 calendar days of receiving the notice to proceed, inclusive of all punch-list items and cleanup.

52.215-2 – Audit and Records – Negotiation (Jun 2020) 52.219-6 – Notice of Total Small Business Set-Aside (Nov 2020) 52.219-8 – Utilization of Small Business Concerns (Oct 2018) 52.219-14 – Limitations on Subcontracting (Sep 2021) 52.219-28 – Post-Award Small Business Program Rerepresentation (Sep 2021) 52.222-3 -- Convict Labor (Jun 2003) 52.222-4 – Contract Work Hours and Safety Standards – Overtime Compensation (May 2018) 52.222-6 – Construction Wage Rate Requirements (Aug 2018) 52.222-7 -- Withholding of Funds (May 2014) 52.222-8 -- Payrolls and Basic Records (Jul 2021) 52.222-9 -- Apprentices and Trainees (Jul 2005) 52.222-10 -- Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 -- Subcontracts (Labor Standards) (May 2014) 52.222-12 -- Contract Termination – Debarment (May 2014) 52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 -- Disputes Concerning Labor Standards (Feb 1988) 52.222-15 -- Certification of Eligibility (May 2014) 52.222-21 -- Prohibition of Segregated Facilities (Apr 2015) 52.222-26 -- Equal Opportunity (Sep 2016) 52.222-27 -- Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 – Equal Opportunity for Veterans (Jun 2020) 52.222-36 -- Affirmative Action for Workers With Disabilities (Jun 2020) 52.222-37 – Employment Reports on Veterans (Jun 2020) 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 -- Combating Trafficking in Persons (Nov 2021) 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts (Sep 2013) 52.223-3 Alt I. – Hazardous Material Identification and Material Safety Data, Alt. I (Jul 1995) 52.223-5 -- Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 – Drug-Free Workplace (May 2001) 52.223-12 – Refrigeration Equipment and Air Conditioners (June 2016) 52.223-15 – Energy Efficiency in Energy-Consuming Products (May 2020) 52.223-17 – Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (Aug 2018) 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-9 -- Buy American Act–Construction Materials (Nov 2021)

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With regard to fill-ins for clause 52.225-9, there are no excepted materials.

52.225-13 -- Restrictions on Certain Foreign Purchases (Feb 2021) 52.227-4 – Patent Indemnity – Construction Contracts (Dec 2007) 52.228-2 – Additional Bond Security (Oct 1997) 52.228-5 – Insurance – Work on a Government Installation (Jan 1997)

Commercial general liability insurance shall be maintained in an amount of at least $1,000,000.00.

52.228-12 – Prospective Subcontractor Requests for Bonds (May 2014) 52.228-15 – Performance and Payment Bonds – Construction (Jun 2020) 52.229-3 – Federal, State, and Local Taxes (Feb 2013) 52.232-5 -- Payments Under Fixed-Price Construction Contracts (May 2014) 52.232-23 -- Assignment of Claims (May 2014) 52.232-27 -- Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 -- Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.233-1 – Disputes (May 2014) 52.233-3 -- Protest After Award (Aug 1996) 52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 -- Differing Site Conditions (Apr 1984) 52.236-3 -- Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 -- Material and Workmanship (Apr 1984) 52.236-6 -- Superintendence by the Contractor (Apr 1984) 52.236-7 -- Permits and Responsibilities (Nov 1991) 52.236-8 -- Other Contracts (Apr 1984) 52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 -- Operations and Storage Areas (Apr 1984) 52.236-11 -- Use and Possession Prior to Completion (Apr 1984) 52.236-12 -- Cleaning Up (Apr 1984) 52.236-13 -- Accident Prevention (Nov 1991) 52.236-15 – Schedules for Construction Contracts (Apr 1984) 52.236-21 – Specifications and Drawings for Construction (Feb 1997) 52.236-26 – Preconstruction Conference (Feb 1995) 52.242-14 -- Suspension of Work (Apr 1984) 52.243-5 -- Changes and Changed Conditions (Apr 1984) 52.244-6 – Subcontracts for Commercial Items (Jan 2022) 52.246-12 -- Inspection of Construction (Aug 1996) 52.246-21 -- Warranty of Construction (Mar 1994) 52.249-2 – Termination for Convenience of the Government (Fixed –Price) (Alt 1) (Sep 1996) 52.249-10 -- Default (Fixed-Price Construction) (Apr 1984) 52.253-1 -- Computer Generated Forms (Jan 1991)

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(End of Clause)

Contract Clauses Included by Full Text

USGS 1 -- Green Acquisition

The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being.

Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/ Biobased Products are described at http://www.biopreferred.gov/ Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.

Environmentally Preferable Computers are described at http://www.epeat.net Non-Ozone Depleting Products are described at http://www.epa.gov/Ozone/snap/index.html Recycled Products are described at http://epa.gov/cpg Water efficient products are described at http://epa.gov/watersense/

(End of Clause)

USGS 2 -- Authorities and Delegations

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

(b) The Contracting Officer hereby appoints as Contracting Officer’s Representative (COR):

TBD

The COR is responsible for technical monitoring of the contractor’s performance and deliveries. Changes to this appointment must be made in writing by the Contracting Officer.

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer and his authorized representative(s), such as the COR, acting within the scope and authority of their appointments. The Contractor need not proceed with direction that it considers to have been issued

Solicitation Clauses Page 6 of 12 without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, if the COR or any other USGS employee has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the individual’s authority, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

(End of Clause)

USGS 3 -- Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

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://ipp.for.fiscal.treasury.gov.

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

See FAR 52.222-8 and 52.232-5.

Payrolls corresponding to the period being invoiced. Additionally:

o For progress payments, see 52.232-5(b) and (c) o For final payment, a release of claims in accordance with 52.232-5(h)(3)

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

Solicitation Clauses Page 7 of 12 unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Clause)

USGS 4 -- Incorporation of Wage Determination

The appropriate wage determinations (by County where work is taking place) are hereby incorporated into and made a part of this contract through the revision current on the effective date of the contract. If this contract is modified, the wage determinations shall update to their most current revisions at sites where work remains. See: http://www.wdol.gov/dba.aspx.

(End of Clause)

USGS 5 -- Unilateral Deobligation

The contractor shall submit all invoices under this award no later than ninety (90) calendar days after the period of performance has expired, unless a request for extension has been submitted to, and granted by, the Contracting Officer. After 120 calendar days have passed after the expiration of the period of performance, the Contracting Officer reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

(End of Clause)

*USGS 6 -- Proposal Submission Instructions

All proposals shall be submitted by email to the Contracting Officer at cjfejarang@usgs.gov by the closing date and time indicated on the cover page of the solicitation. Late submissions will not be accepted. Hard copies, facsimile transmissions, or documentation submitted through any other platformwill not be accepted.

Offerors must submit documentation demonstrating their qualifications to perform this work. We are interested in technical capability, capacity to perform in the required time, recent and relevant experience, and recent and relevant past performance. Offerors must also submit a work plan detailing how they plan to complete this project within the required time. There is no prescribed format for submissions, but they must not exceed twenty (20) single-sided pages of normal-sized print.

Offerors shall submit a firm-fixed price to complete approximately eighteen (18) sites for the first Task Order. A list of these sites are TBD.

(End of Provision)

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*USGS 8 -- Evaluation Criteria

Offerors must be appropriately licensed in the State of California at the time offers are due to be considered for this project; this is a definitive responsibility criterion. License status is subject to verification. “Appropriately licensed” means that the prime contractor who submits and signs the proposal must be currently licensed as a class A or B contractor. The prime may not be a specialty trade class C contractor, nor be unlicensed and merely partner with a class A or B contractor. All subcontracted trades used during the performance of this project must be appropriately licensed. “Subject to verification” means via the “Check a License” tool at:

https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/checklicense.aspx

The USGS will select for award the offeror whose offer conforming to this solicitation will be most advantageous to the USGS, price and other factors considered. The following factors will be used to evaluate offers:

● Capability, including technical capability and capacity to perform in the required time

● Corporate experience and experience of key personnel and/or subcontractors

● Past performance

● Price

In evaluating capability, we will review your work plan and consider such things as availability of equipment and personnel, availability to work immediately and ability to meet the overall project timeline, contingency planning, etc.

Experience is the degree to and frequency with which you have performed similar work before. Recent and relevant experience is preferred. In evaluating experience, we will evaluate both corporate experience and experience of key personnel and/or subcontractors to be assigned to this project. If subcontractors are identified, we will also evaluate their experience.

Past performance is the measure of how well you have performed similar work before. Recent and relevant past performance is preferred. If subcontractors are identified, we will also evaluate their past performance. Submit at least three references with contact information. Additionally, we will utilize the Past Performance Information Retrieval System (PPIRS) to the extent data are available and reserve the right to use any other source of past performance information.

Any individuals or subcontractors identified by name in your offer as “key personnel” and used as part of the capability, experience, or past performance evaluation must be assigned to work on the project if awarded; proposals must specifically affirm this requirement and clearly indicate any “key personnel.”

Subsequent changes must be approved by the Contracting Officer.

It is the prospective contractor’s responsibility to submit sufficient information to allow a meaningful evaluation in each of these areas. Failure to do so will negatively impact our evaluation of your quotation. We will rate each of these factors on a scale of “outstanding, good, satisfactory, marginal, unacceptable,” and then combine that into an overall non-price rating on the same scale.

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We will select for award the offeror whose offer conforming to this solicitation will be most advantageous to the USGS, considering the overall non-price rating and the price as approximately equal in importance to each other.

(End of Provision)

(END OF DOCUMENT)

USGS IDIQ LOCAL CLAUSES:

GS1109 – OBLIGATION OF FUNDS (JULY 2001)

No funds are obligated by this contract. All funds shall be obligated by individual delivery or task orders citing applicable fiscal year and accounting data when issued.

GS1430 – ORDERING AUTHORITIES AND PROCEDURES (JULY 2001)

(a) Orders under this contract may be issued by warranted contracting officers of the following activity(ies):

USGS, Office of Acquisition and Grants 3020 State University Drive, East Suite 2002 Sacramento, CA 95819

(b) All orders will be placed in writing using USGS Optional Form 347 or an electronic equivalent if issued through an electronic commerce system. As a minimum, each order will contain the following information: 1) contract and order numbers, 2) date of order, 3) contract line item numbers, descriptions, contract unit prices and amounts (or estimated cost and fee, as applicable), 4) delivery or performance date, 5) place of delivery or performance, 6) accounting and appropriation data, and 7) signature of an authorized ordering official.

GS1431 – CONTRACT MAXIMUM (JULY 2001)

The total amount of all orders placed under this contract shall not exceed $1,000,000.00

GS1432 – CONTRACT MINIMUM (JAN 2020)

(a) During the effective contract period, the Government shall order at least the stated minimum quantity for each individual line item in Section B. If no minimum quantities are stated, the Government shall order quantities totaling a minimum of $50K.

(b) Unless specifically identified in Section B as minimums, the quantities shown are estimates only, and are not purchased hereby. In the event the Government's needs for items under this contract do not result in orders in the amounts or quantities described as "estimated" in Section B, such event shall not constitute the basis for an equitable price adjustment under this contract.

(c) If the Government fails to place orders for the minimums computed under paragraph (a), above, the contractor will not be entitled to payment of the contract price for the unordered quantities, but will be entitled to damages suffered as a result of the Government's failure to order the minimum quantity. If the Government notifies the contractor, prior to expiration of the contract ordering period, that the contract minimum will not be required, such action will constitute a Termination for Convenience of the Government, and the Contractor will be entitled to recover under the Termination for Convenience clause of the contract.

(d) If the Government fails to order the contract minimum during the stated contract period, any options to extend the contract for additional periods are rendered void.

January 2020: "The guaranteed minimim applies only to the base contract period and does not apply separately to option periods." added to para. (a). (In Varilease Technology Group, Inc. v. United States - US Court of Appeals for

Solicitation Clauses Page 10 of 12 the Federal Circuit, May 7, 2002, provided the following regulatory interpretation: Minimum quantities are not required to be associated with each option period.

GS 1305 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

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(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

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

(End of notice)

52.126-1 TYPE OF CONTRACT

The Government contemplates award of a Firm, Fixed Price, single award indefinite-delivery indefinite-quantity (IDIQ)_______ contract resulting from this solicitation.

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of this contract through five (5) years thereafter.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—$500,000.00

(1) Any order for a single item in excess of - $500,000.00

(2) Any order for a combination of items in excess of __$500,000; or

(3) A series of orders from the same ordering office within ______30_______ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __30___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

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(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

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

All questions regarding this procurement shall be electronically, in writing to: Charlan Fejarang at cjfejarang@usgs.gov no later than Thursday, June 30, 2022 at 12:00pm PT.

Responses are due to the Contracting Officer’s email address at cjfejarang@usgs.gov by Thursday, July 14, 2022 at 12:00pm PT.