140L5724Q0022_conformed.pdf
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- Attached to
- Snowville and Big Flat Class III Surveys
- Solicitation number
- 140L5724Q0022
About this file
This document is a conformed solicitation for the Big Flat, Snowville, and Crescent Junction Class III Surveys. The Department of the Interior Bureau of Land Management Utah Region is seeking contractors to conduct these land surveys.
The solicitation provides details on the required surveys, including the locations and scope of work. Offerors must submit proposals by the due date of July 20, 2023. The anticipated award date is August 15, 2023. Pricing terms are not specified, but the solicitation indicates it will be a firm-fixed price contract. There are no set-aside requirements noted. The incumbent contractor is not identified. The document does not contain a detailed Performance Work Statement or Statement of Objectives, but rather outlines the high-level survey requirements.
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140L5724Q0022
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
03/29/2024 See Schedule
1 2
440 WEST 200 SOUTH, SUITE 500
SALT LAKE CITY UT 84101
BLM UT-STATE OFC ADM SVCS BR(UT952)
Multiple
801 539-4219Daniel Walker
04/10/2024 1500 MD
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Class III Surveys
1. Quoters shall submit signed and dated SF-18 with submitted quotes.
2. This requirement is a Total Small Business Set Aside.
3. Solicitation will result in up to three (3) Firm Fixed Price awards.
4. Only emailed quotations will be accepted. All quotes must be emailed to the Contract Specialist, Daniel Walker at dlwalker@blm.gov.
5. Quoters must have a valid SAM registration to Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 2
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140L5724Q0022 be considered for award.
6. Quoters shall acknowledge all amendments by returning a signed copy of any amendments to this solicitation.
Period of Performance: 03/29/2024 to 12/01/2024
00010 Big Flat Class III Survey 712 Acres
Requisition No: 0040646287
Delivery: 06/28/2024
Delivery Location Code: 0004276656
BLM-UT CEDAR CITY FIELD OFFICE*
176 EAST DL SARGENT DRIVE
CEDAR CITY UT 84721 US
Period of Performance: 03/13/2024 to 06/28/2024
00020 Snowville Range Inprovement Class III Survey
Requisition No: 0040646908
Delivery: 07/01/2024
Delivery Location Code: 0004276650
BLM-UT SALT LAKE FIELD OFFICE
491 North John Glenn Road
Salt Lake City UT 84116 US
Period of Performance: 03/29/2024 to 07/01/2024
00030 Crescent Junction Class III Survey
Requisition No: 0040655613
Delivery: 12/01/2024
Delivery Location Code: 0004276660
BLM-UT MOAB FIELD OFFICE*
82 EAST DOGWOOD
MOAB UT 84532 US
Period of Performance: 05/01/2024 to 12/01/2024
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Request for Quotation 140L5724Q0022 Class III Cultural Resources Inventories – Intensive Pedestrian Survey
140L5724Q0022 Class III Cultural Resource Inventories – Intensive Pedestrian Survey Cultural Resource Management Bureau of Land Management – Utah
The Bureau of Land Management (BLM) is seeking competitive quotes for non-severable, commercial services pursuant to FAR Part 13.106-2 Evaluation of quotations or offers under NAICS 541620 – Environmental Consulting Services with a size standard of $19M or less.
Solicitation number 140L5724Q0022 is issued as a request for quotation (RFQ). Firm fixed-price offers are requested under this RFQ. The RFQ is set aside for small business vendors This requirement is to obtain Class III Cultural Resource Inventories – Intensive Pedestrian Surveys for three (3) projects covering various areas on BLM administered land in Utah.
Questions Due Date: April 3, 2024, 3:00 PM MT. Questions relating to this solicitation shall be submitted in writing, with the subject line “140L5724Q0022 Class III Cultural Resources Inventories” to the Contract Specialist, Daniel Walker, at dlwalker@blm.gov. If you have questions for one or more projects, please include the names of the projects next to your questions.
Quotation Due Date: April 10, 2024, 3:00 PM MT via email to the Contract Specialist, Daniel Walker, at dlwalker@blm.gov.
Quotation Preparation Instructions and Notices
1. Vendors are encouraged to submit quotes for one or more projects. If a quote is being submitted for more than one project, the quote must address whether resources are being shared across multiple projects. Vendors are encouraged to submit quotations for all projects and, if so doing, are strongly advised to demonstrate it has capacity and capability to successfully perform said projects.
2. Several projects are considered high priority projects and must be awarded in the current federal fiscal year. See Schedule B for more details.
3. The quote shall be prepared in separate volumes and clearly marked: Volume I - Technical and Volume II - Price.
4. Each submission shall include the following information on the cover page and on each subsequent page in the header:
a. Quoter name
b. RFQ number
c. “Class III Archeological Surveys”
5. Volume I – Technical must not contain reference to price/cost. However, it may include resource information, such as labor hours and categories, materials, subcontracts, etc.
6. Volume I – Technical is limited to 10 pages, plus two (2) additional pages for each additional project proposed. Print shall be single spaced, 1-inch margins, and not less than 12-point font in Times New Roman. If tables or figures are used, it can be single-spaced and not less than 9-point font in Times New Roman. Any Cover Page, Table of Contents or Executive Summary, if included, must be clearly headered and do not count toward the page limit. Technical appendices and other attachments are not permitted, including resumes.
Rest of page intentionally left blank mailto:dlwalker@blm.gov mailto:dlwalker@blm.gov
Submission Requirements
Volume I – Technical
The Technical Volume shall address the following:
Factor A: Permit Qualification
1. Provide a copy of your current Permit for Archaeological Investigations for BLM-administered lands in Utah; or
2. Provide evidence of your ability to obtain a Permit for Archaeological Investigations for
BLM-administered lands in Utah; including geographic experience.
Factor B: Technical Capability and Experience Provide a description of resources necessary to meet the requirements outlined in the SOW including:
1. Key Personnel - Identify key personnel who will be involved with the project. Include roles, responsibilities, and past experience with cultural resources within the appropriate BLM Utah’s permitting region.
2. Organizational Experience - Provide demonstrated experience based on 1) previous projects recently completed that are similar in scope and complexity to the proposed project(s); or 2) a record of responsibility at the Principal Investigator level in the successful completion of similar projects.
3. Schedule – Provide a tentative schedule of work. If a quote is being submitted for more than one project, describe how the projects are to be concurrently performed.
Volume II – Price
1. Complete Section B for each proposed project, Line Item 10 through Line Item 30, as applicable.
2. Provide a full breakdown of skill mix (i.e., all labor categories) and level of effort (i.e., all hours) that comprise each proposed Line Item. Since all Line Items are firm fixed price, hourly rates do not need to be provided or shown in this breakdown.
3. Lump sum amounts shall be inclusive of all direct labor, indirect costs, and all management activities associated with the performance of the project(s).
4. Vendors are encouraged to provide discounts to lump sum amounts. In addition, the Government may request price discounts at any time even if already included in the initial quotation. A price reduction does not constitute a quotation revision.
5. Vendors shall detail any Assumptions, Conditions or Exceptions as part of the quote.
o Assumptions: Statements the that are information only, for example, anticipated site density for the project(s) and how this was determined.
o Conditions: Statements that the vendor predicates its proposal on that if materialized would serve as a future request to change to the terms and conditions of the resultant contract, including cost, schedule and/or performance.
o Exceptions: Statements that proclaim objection to SOW any or requirement of the solicitation.
Evaluation and Award Basis
The Government will evaluate quotes for acceptability and completeness based on the factors listed below:
- Technical Factor A: Permit Qualification Factor B: Technical Capability and Experience
- Price
Pricing will be evaluated for fairness and reasonableness in accordance with FAR 13.106-3(a) to include assessment of skill mix and level of effort. Price will be evaluated on a Line Item basis. It is anticipated that price reasonableness will be established through adequate price competition with submission of independent quotations.
The Government intends to award up to three (3) task orders resulting from this solicitation.
Award will be made only to the Lowest Priced, Technically Acceptable (LPTA) quote for each project/Line Item. In order to be considered technically acceptable, the quote must fully address all submission requirements. Award, on a project/Line Item basis, will be made to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government and represents the best value based on technical acceptability and price in accordance with FAR Part 13.106-2.
Rest of page intentionally left blank
PART I – THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 BRIEF DESCRIPTION OF SERVICES
This is an acquisition of non-severable, commercial services under NAICS 541620 – Environmental Consulting Services. This requirement is to obtain Class III Cultural Resource Inventories - Intensive Pedestrian Surveys for various areas on Bureau of Land Management (BLM) administered land in Utah.
B.2 CONTRACT TYPE AND LINE-ITEM DETAIL
The contract type (hereinafter “purchase order”) is firm fixed price.
Line Item Project Location Quantity Amount
10 Big Flat Garfield Coounty JB
20 Snowville Box Elder County JB
30 Crescent Junction Grand County JB
B.3 PAYMENT SCHEDULE
***Big Flat and Crescent Junction
Component Description of Completion Event Payment Schedule
Prepare and submit draft shapefiles or a geodatabase, sufficiently accurate to locate sites for evaluating the accuracy of the survey and its findings (e.g., site boundaries and isolated finds).
50%
Prepare and submit a draft table findings for all cultural resources identified and recorded or rerecorded during the inventory, including site number (temporary and/or Smithsonian), UTM coordinates, and recommendations of eligibility.
3 Submit draft submission package (items to include are listed in the Statement of Work). 20%
4 Final submission package (items to include are listed in the Statement of Work). 15%
BLM submission of final deliverables to UT State Historic Preservation Office (SHPO), UT SHPO review, and subsequent edits by Contractor. Payment upon approval of final deliverable by COR.
15%
***Snowville
No. Title Due Date Percent of Total Award
1,2 Task 1 – Conduct Surveys Before June 1, 2024 50%
Task 2 – Recordation and Reporting (draft forms and report)
June 1, 2024 20%
4, 5, Task 3 – Reporting (final forms and report) July 1, 2024 30%
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
BLM Utah requires assistance with the preparation of Class III Cultural Resource Inventories - Intensive Pedestrian Surveys in various areas of BLM-administered land in accordance with each project’s Statement of Work.
See Section J for attachments.
SECTION D – PACKAGING AND MARKING
D.1 PACKAGING AND MARKING
All deliverables shall be delivered to the Contracting Officer’s Representative (COR) identified in Section G and shall be marked as follows:
1. Name and address of the Contractor;
2. GSA Contract Number and Task Order Number;
3. Description of item contained therein; and
4. Consignee’s name and address.
SECTION E – INSPECTION AND ACCEPTANCE
E.1 INSPECTION AND ACCEPTANCE
Pursuant to FAR clause 52.212-4, all work described in Section C to be delivered under the project’s call order is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.
E.1.1 INSPECTION AND ACCEPTANCE CRITERIA
Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery by the COR.
E.1.2 GENERAL ACCEPTANCE CRITERIA
General quality measures, as set forth below, will be applied to each work product received from the Contractor under each Statement of Work.
• Accuracy – Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.
• Clarity – Work Products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to the supporting narrative.
• Consistency to Requirements – All work products must satisfy the requirements of this Statement of Work.
• File Editing – All text and diagrammatic files shall be editable by the Government.
• Format – Work Products shall be submitted in hard copy and electronic copy. The electronic copy must be in a format as indicated in the Deliverables Table.
SECTION F – DELIVERIES OR PERFORMANCE
F.1 PERIOD OF PERFORMANCE
The period of performance for each project is the following:
Line Item Project Period of Performance
10 Big Flat Award – June 28, 2024
20 Snowville Award – July 1, 2024
30 Crescent Junction Award – December 1, 2024
F.2 PLACE OF PERFORMANCE
Services may be but are not limited to being provided off-site, on-site, or a combination thereof, depending on task requirements. Work will primarily take place off-site at the Contractor’s facility or at each project’s location.
F.3 DELIVERABLES
Deliverables shall be addressed to the BLM COR as follows:
Line Item Project COR Name COR Address Email
10 Big Flat Roy Plank 176 East D.L. Sargent Dr Cedar City, UT 84721 rplank@blm.gov
20 Snowville Savanna Agardy 491 North Glenn Rd.
Salt Lake City, UT 84116 sagardy@blm.gov
30 Crescent Junction Lily Fischer 82 East Dogwood Ave.
Moab, UT 84532 lcfischer@blm.gov
The Contractor is responsible for timely submission of deliverables. Final schedules and due dates for deliverables are described in each project’s Statement of Work. If a deliverable is dependent on the provision of materials, data, information, etc., by BLM, due dates for BLM provision of these materials will be developed as well. It is not acceptable if a product is turned in to meet a time frame but does not meet the content requirements (and purpose) of the task or document.
SECTION G – CONTRACT ADMINISTRATION DATA
G.1 AUTHORITY OF GOVERNMENT PERSONNEL
Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of this call order will require maximum coordination between the Government and the Contractor. The following individuals will be the Government’s points of contact during the performance of this call order:
BLM Contracting Officer (CO):
Daniel Walker, Utah State Office, 801-539-4219, dlwalker@blm.gov
BLM Contracting Officer Representative (COR):
Line Item Project COR Name
10 Big Flat Roy Plank
20 Snowville Savanna Agardy
30 Crescent Junction Lily Fischer
G.2 1452.201-70 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 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.
(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)
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 CONTRACTOR SUPPORT-KEY PERSONNEL
If during performance of the order, Contractor support key-personnel resign or are terminated, the Contractor shall provide the Contracting Officer within 15 business days the proposed substitute’s resume demonstrating comparable qualifications to the individual being replaced. All proposed substitutes will be subjected to a two-week trial period. Proposed replacements which do not satisfy the Government during the trial period will be removed from the order at no cost to the Government and no adjustment to any other terms and conditions of the contract arising from or relating to the removal.
Name Position Title
To be completed at time of award, if applicable.
H.2 SECURITY
Additional security measures, non-disclosure and/or conflict of interest agreements to guarantee the protection and integrity of Government and/or Contractor information and documents will be required of the key personnel. See Section J for Non-Disclosure attachment.
H.3 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST
a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.
b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.
c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 CONTRACTOR SUPPORT-KEY PERSONNEL
If during performance of the order, Contractor support key-personnel resign or are terminated, the Contractor shall provide the Contracting Officer within 15 business days the proposed substitute’s resume demonstrating comparable qualifications to the individual being replaced. All proposed substitutes will be subjected to a two-week trial period. Proposed replacements which do not satisfy the Government during the trial period will be removed from the order at no cost to the Government and no adjustment to any other terms and conditions of the contract arising from or relating to the removal.
Name Position Title
To be completed at time of award, if applicable.
H.2 SECURITY
Additional security measures, non-disclosure and/or conflict of interest agreements to guarantee the protection and integrity of Government and/or Contractor information and documents will be required of the key personnel. See Section J for Non-Disclosure attachment.
H.3 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST
a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.
b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.
c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
Clauses
52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2023)
---Addendum to 52.212-4---
DIAR 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.
(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)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar
DOI-AAAP-0028 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 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:
Copy of the Contractor's Commercial 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 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)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
--- End of Addendum to 52.212-4---http://www.acquisition.gov/far http://www.acquisition.gov/diar http://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 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:
[ ] (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).
[X] (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).
[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)
(10) 52.204–28, Fe[ ]deral Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
[X] (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.
[X] (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)[Reserve[ ]d]
[X] (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. 637(a)(14))(Deviation OCT 2022).
https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.govinfo.gov/link/plaw/115/public/390
[ ] (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).
[X] (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)).
[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024)
(E.O.13126).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[X] (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.
[X] (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.
[X] (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).
[X] (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).
[X] (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 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 (Jun 2016) (E.O. 13693).
[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
[ ] (44) (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.
[ ] (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and
13514).
[ ] (ii) Alternate I (Jun 2014) of 52.223-14.
[ ] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
[ ] (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)
(E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Jun 2014) of 52.223-16.
[X] (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
[ ] (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
[ ] (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).
[ ] (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[ ] (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
[ ] (53) (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), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (Dec 2022) of 52.225-3.
[ ] (iv) Alternate III (NOV 2023) of 52.225-3.
[ ] (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[ ] (55) 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).
[ ] (56) 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).
[ ] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ ] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)
(42 U.S.C. 5150).
[ ] (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (60) 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).
[ ] (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov
2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct
2018) (31 U.S.C. 3332).
[ ] (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
[ ] (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
[ ] (67) (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).
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
[List as necessary]
[ ] (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).
[X] (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).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 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.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xiv) 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.
(xv) 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.
Contract Documents, Exhibits, or Attachments
Provisions
52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(SEP2023)
---Addendum to 52.212-1---
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
---End of Addendum to 52.212-1--- 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Technical and Price
Technical and past performance, when combined, are N/A
(b) Options. 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).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
---End of Addendum to 52.212-2---
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (FEB 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.
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