Master_Combined_Synopsis_Solicitation-LOTIC_AIM__-_Amend_0002_0002.docx

GENERAL INFORMATION:

This is a COMBINED SYNOPSIS / SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The Bureau of Land management contemplates award of a firm fixed price contract because of this combined synopsis/solicitation. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140L0625R0006. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2024-05 and are available in full text through Internet access at http:// www.acquisition.gov/far/.

Points of Contact:

This acquisition is for services in support of BLM ALASKA REGION for the collection of LOTIC AIM data randomly distributed points on BLM administered lands throughout field offices and project areas described in Tables 1 through Table 6 respectively. Contract Line-Item Number(s) (CLINs) 0X010 through CLIN 0X060, (See CLIN Location Legend) as indicated in the attached Performance work Statement (PWS). CLIN 0X070 is a CLIN expressly for training requirements. Please note that the government only reimburses up to the rates indicated in the Federal Travel Regulation and the Alaska Camp Rates.

CLIN Location Legend

CLIN 0X010

Central Yukon Field Office

Anchorage Field Office (Kobuk-Seward)

Wrangell St. Elias National Park

CLIN 0X020

Eastern Interior Field Office

CLIN 0X030

Yukon Charley Rivers National Preserve

CLIN 0X040

Denali National Park

CLIN 0X050

Arctic Coastal Plain (ACP)

CLIN 0X060

Anchorage Field Office (Bay)

CLIN 0X070

Training

This is a Total Small Business Set Aside. The North American Industry Classification System (NAICS) code is 541620 Environmental Consulting Services. The small business size standard is $19M.

In accordance with (IAW) the Federal Travel Regulation (FTR) transportation, lodging, meals, and incidental expenses costs are reimbursable. The Contractor must submit all receipts to the COR for review/approval prior to submitting an invoice. The FTR does not allow for profit on these expenses. All travel pricing will be reviewed for compliance with federal regulations to ensure the prices reflected the most cost-efficient options for each location. Travel is a reimbursable item, and therefore, the government requests that the offeror use pricing that approximates actual lodging costs instead of quoting the maximum allowed rates in OCONUS. For example, several locations have government facilities or bunkhouses that may be available free of charge. For those locations, the government requests that a vendors Quote schedule utilize the “DOI Alaska Camp Rate” of $65/day to cover meals instead of using the OCONUS maximum allowed rate.

The government will also evaluate the travel costs, and the government requests any vendor project using commercial air travel whenever possible for transportation to remote communities. The Alaska Field Office (AFO) developed a cost comparison of the most cost-effective method for transportation. In many cases, commercial carriers were available and less expensive than charters, however, in some cases, chartering aircraft could provide the most efficient means of travel if the commercial carrier schedule does not provide flights that align with the hitch schedule. For example, in one of the communities listed, commercial flights are only listed twice per week, in this instance, it would likely be more cost effective to charter an aircraft rather than spend additional labor and lodging required to align with the commercial schedule, however, a vendor could use commercial air travel for the return flight, therefore, the government requests that any vendor consider a Charter Out and Commercial Back travel schedule to reduce travel expenses.

Vendors are reminded that the projected sampling areas and schedules will be affected by differing terrain and weather conditions. Typically, 1-2 sites are completed per data during a 12-day sampling hitch (10 field days) with roughly 70-100 sites completed per field season. The government reserves the right to modify the locations for the tests based on the completion results of the previous year’s testing. This is the primary reason the government requires any offeror to complete the base and option years projected travel costs to so many locations.

Vendors need to be aware that the government may exercise more than one-option period for the follow-on years of the contract in the event of early completion of sampling points. Conversely, the government may spend additional time at the same location, again, based on the total completion of sampling points.

In the Quote schedule, there are locations that the government will normally supply any aviation fuel required, however, this situation, like the sampling locations, depends on the current conditions in Alaska. The government requests that Vendors submit projected fuel costs for these areas. If the circumstances occur that the government cannot supply fuel, BLM will inform the contractor NLT 45-days prior to commencement of operations to allow the vendor time to arrange fuel and containment delivery.

Award Selection Process:

BLM will conduct this procurement using FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services and evaluate the proposals using Per FAR Part 13.106-2(b) conducting comparative evaluation of Vendors. This solicitation is not stating nor required to state the relative importance assigned to each evaluation factor and/or sub factor (FAR 13.106-1(a)(2)).

The government anticipates selecting the best suited contractor from initial responses, without engaging in exchanges. Contractors are strongly encouraged to submit their best solutions and prices in response to this request.

Once the government determines the contractor that is best suited (the apparent successful quoter), the government reserves the right to communicate with only that contractor to address any remaining issues, if necessary, and finalize the delivery order with the selected company. These issues may include issues with technical, Quote (clarification only), and terms and conditions. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to not make an award to that contractor. If this situation occurs, the Government reserves the right to communicate with the next best suited contractor based on the original analysis and address any remaining issues. Once the Government has begun communications with the next best suited quoter, no further communications with the original best quoter will be entertained until after the delivery order has been awarded. This process shall continue until an agreement is successfully reached and the CO awards a contract.

The following are the Factors the government will use to evaluate proposals:

1. Technical: Technical is the factual documentation of the firm’s ability to meet the specifications. There will be three Criterions used in the evaluation.

• Criterion 1: HITCH SCHEDULE: The offeror shall submit a sample hitch schedule (day by day activities per hitch) for this requirement and will be evaluated on how well the schedule aligns with the work needed in the PWS. (Please see Figure #1 for sample data points)

• Criterion 2: NUMBER OF CREWS: Offeror shall submit the number of crews and crew schedule for this requirement (proposed schedule for multiple crews). The offeror shall be evaluated on whether the number of crews and schedule proposed per the PWS requirement seems reasonable given the work requested. (Historical Note: Contractors have typically fielded a single crew working 10–12-day hitches for the duration of the field season with the total number of sites sampled ranging from 60-90 per year.)

• Criterion 3: PROJECT PLAN: The offeror shall submit a project plan (10-font with ¾” margins). The project plan shall include the overall project approach, project assumptions, equipment requirements, personnel resumes, and certifications/qualifications, and or project risks. The project plan shall not exceed six pages. Any pages (other than the personnel pages, and equipment requirements) in excess of this length will not be evaluated. The project plan shall be evaluated on how well the offeror addresses the items above. Please note that the vendors shall include the pricing of the specialized equipment in the quote schedule with the labor quotes. Moreover, Vendors are also reminded that charging the government rental for (an) item(s) they own is a disallowable expense.

2. Past Performance: The government shall review the offeror’s past performance, if applicable and present in CPARS, that shall be recent, (within the last 3-years) and relevant to the requirements. Vendors without a CPARs rating are not disqualified from the procurement, rather they will receive a neutral rating.

3. Price: The price shall be determined fair and reasonable based on labor costs; however, this project also involves travel reimbursement so the government will review the contractors proposed travel and lodging costs to ensure they fall at or below the limits of the Federal Travel Regulations and/or the Alaska Camp Rates.

(Please note that there are several possible locations for each CLIN/field office and due to the nature of the State, the actual performance area for the testing may change (please see attached historical data), so the government will evaluate the Vendors travel estimates for each location on the CLIN 0X070 Tab of the Quote schedule: Vendors are reminded that Travel/Lodging is a reimbursable item.

Option Contract language:

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Please note while this procurement has 7-Contract Line-Item Numbers (CLINs) annually. The Alaska Field Office indicates that they are going to fund CLIN 00010 for the initial base year and further CLINs based on the actual completion and projected completion of the sampling points. The government reserves the right to activate CLINs for the follow-on years as required. Vendors will need to propose quotes for all CLINs and the corresponding travel/lodging requirements in the relevant areas on the Quote schedule and technical evaluation sections of this RFQ’s Quote Schedule and technical submittal.

INSTRUCTIONS TO VENDORS:

Quotes must be in accordance with and in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in the respondent’s quote not being considered for award.

The Vendors shall submit a quote to the contracting specialist by email to clcarlson@blm.gov and legli@blm.gov.

Offers shall submit the following information in its entirety:

a) Checklist for quote submittal:

· Criterion 1: HITCH SCHEDULE: The offeror shall submit a sample hitch schedule (day by day activities per hitch) for this requirement and will be evaluated on how well the schedule aligns with the work needed in the PWS.

· Criterion 2: NUMBER OF CREWS: Offeror shall submit the number of crews and crew schedule for this requirement (proposed schedule for multiple crews). The offeror shall be evaluated on whether the number of crews and schedule proposed per the PWS requirement.

· Criterion 3: PROJECT PLAN: PROJECT PLAN: The offeror shall submit a project plan (10-font with ¾” margins). The project plan shall include the overall project approach, project assumptions, equipment requirements, personnel resumes, and certifications/qualifications, and or project risks. The project plan shall not exceed six pages. Any pages (other than the personnel pages, and equipment requirements) in excess of this length will not be evaluated. The project plan shall be evaluated on how well the offeror addresses the items above. Please note that the vendors shall include the pricing of the specialized equipment in the quote schedule with the labor quotes. Moreover, Vendors are also reminded that charging the government rental for (an) item(s) they own is a disallowable expense.)

b) Price Schedule: (Total Price for a 12-month Base and additional option periods)

Anchorage Field Office (Kobuk-Seward) Wrangell St. Elias National Park Attach Quote Schedule

Total Price for CLINs 0X010 through 0X060

· Complete attached cost breakdown sheets for labor costs and reimbursable costs for each location on the CLINs 0X010, through 0X060, and 0X070 Tabs of the Quote schedule for the Base and all option periods)

· All Per Diem (lodging, Meals & Incidental Expenses) rates for Alaska are reimbursed based on the rates set by the Defense Travel Management Office. The website for these rates is: OCONUS and OVERSEAS Per Diem Rates: Query Results (dod.mil). However, the government requests that the offeror use pricing that approximates actual lodging costs instead of quoting the maximum allowed rates in OCONUS. For example, several locations have government facilities or bunkhouses that may be available free of charge. For those locations, the government requests that a vendors Quote schedule utilize the “DOI Alaska Camp Rate” of $65/day to cover meals instead of using the OCONUS maximum allowed rate.

· Vendors are reminded that the Quote schedule is an estimate of costs; the government will reimburse travel/lodging costs up to the maximum allowable rates set forth in the FTR based on receipts submitted on an itemized sheet.

· Vendors are reminded that the projected sampling areas and schedules will be affected by the fact Alaska is a vast area composed of several areas of differing terrain and weather conditions. The government reserves the right to modify the locations for the tests based on the completion results of the previous year’s testing. This is the primary reason the government requires any offeror to complete the base and option years projected travel costs to so many locations.

· In the Quote schedule, there are locations that the government will normally supply any aviation fuel, however, this situation, like the sampling locations, depends on the current conditions in Alaska. The government requests that Vendors submit projected fuel costs for these areas. If the circumstances occur that the government cannot supply fuel, BLM will inform the contractor NLT 45-days prior to commencement of field operations to allow the vendor the time to arrange fuel and containment delivery.

c) Contractor Core Data:

Vendors Name: __________________________________________________________________

Vendors Address: ________________________________________________________________

Vendors Unique Entity Identifier (UEI): _______________________________________________

Vendors POC: ___________________________________________________________________

Vendors Phone/Email: _____________________________________________________________

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2023) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.226-7 Drug-Free Workplace (May 2024)

(a) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-18 - Availability of Funds (Apr 1984) (b)

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2024) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Feb 2021)..... 1452.201-70 AUTHORITIES AND DELEGATIONS (Sep 2011) 1452.204-70 Release of Claims (Jul 1996)

(c) 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 the following web address: https://www.acquisition.gov/far/

(End of Clause)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2023) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.226-7 Drug-Free Workplace (May 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2024)

(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 Covered Entities (Dec 2023) (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:

[Contracting Officer check as appropriate.]

· (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) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

· (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

· (ii) Alternate I (Dec 2023) of 52.204-30.

· (12) 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).

· (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

· (14) [Reserved].

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

· (16) 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).

· (17) [Reserved] ☒ (18) (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.

· (19) (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.

· (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

· (21)(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.

· (22)(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.

· (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

· (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

· (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

· (26)(i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) ( 15 U.S.C. 632(a)(2)).(ii) Alternate I (Mar 2020) of 52.219-28.

· (27) 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)).

· (28) 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)).

· (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

· (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

☒ (36)(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.

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

☒ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (39)(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).

· (40) 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.)

· (41)(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.)

· (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

· (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

· (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

· (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

· (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

· (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.

· (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 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 (Feb 2024) of 52.225-3.

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

· (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

· (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 (Nov 2007) ( 42 U.S.C. 5150).

☒ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

· (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

· (57) 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).

· (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

· (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

· (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

· (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

· (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

· (64)

(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:

[Contracting Officer check as appropriate.] ☒ (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 Covered Entities (Dec 2023) (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)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(viii) Alternate I (Dec 2023) of 52.204–30.

(ix) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 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.

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

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

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

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

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

(xv) 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.

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

(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).

(xvii) 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).

(xviii) 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).

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

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

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

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

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

(xxiii) 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).

(xxiv) 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.

(xxv) 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.

(xxvi) 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)

(d) 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 60 days.

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

(f) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(h) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, 6-months.

(i) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

(a)

(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

(j) Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Feb 2021)

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 Products and Commercial Services included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

1. Copy of vendor invoice document in PDF format, which shows pricing breakdown for all items being invoiced for and must include the contract number, date(s) of service (if applicable), date of invoice, and the vendor’s standard invoice letterhead.

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 St. Louis (FRBSTL)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 IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

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

(End of Local Clause)

(l) 1452.201-70 AUTHORITIES AND DELEGATIONS (Sep 2011)

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

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

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

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

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

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

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

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

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

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

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

COR.

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

(End of Clause)

(m) 1452.204-70 Release of Claims (Jul 1996) After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI– 137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

List of Attachments

Contracting Contacts:

Contracting Officer:

Laura Egli National Operations Center Acquisitions Department of Interior / Bureau of Land Management Email: legli@blm.gov

Contract Specialist:

Casey Carlson National Operations Center Acquisitions Department of Interior / Bureau of Land Management Email: clcarlson@blm.gov

Solicitation # 140L0625R0006 – Amendment 0002