Sol_140P1420Q0085.pdf

140P1420Q0085

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

07/23/2020 0040480353

1 35

PO Box 168 Mammoth Supply Center / 22 Stable St Yellowstone NP WY 82190

NPS, IMR - Northern Rockies MABO Multiple

NPS, IMR - Northern Rockies MABO

PO Box 168

Mammoth Supply Center / 22 Stable S

Yellowstone NP

WY 82190

307 344-2076Stacy Vallie

08/23/2020 1600 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Point of Contact:

Stacy Vallie

Please address all questions to Stacy_Vallie@nps.gov. No phone calls please.

Yellowstone National Park requires a Multi-Year, Single-Award, Firm-Fixed Priced, Indefinite Delivery, Indefinite Quantity (IDIQ) Contract for mechanical fuel reduction for up to five years.

This contract will be for the removal of unwanted fuels by masticating dead and down ground fuels and thinning of conifer regeneration in order to create defensible space adjacent to structures to protect human life, property and resources from the threat of wildfires. Year 1 will require 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 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P1420Q0085 fuel reduction in the Grant Village area of

Yellowstone.

List of Attachments:

1) Photos of Grant Village Fuel Reduction Area

2) Photos of West Yellowstone 2019 Mulching

3) Wage Determination - Park County, Wyoming

4) Wage Determination - Teton County, Wyoming

Legacy Doc #: NPS

Period of Performance: 09/16/2020 to 09/15/2025

00010 YEAR 1:

Mechanical Fuel Reduction

Price / Acre

Delivery: 09/15/2021

Period of Performance: 09/16/2020 to 09/15/2021

00020 YEAR 2:

Mechanical Fuel Reduction

Price / Acre

Delivery: 09/15/2022

Period of Performance: 09/16/2021 to 09/15/2022

00030 YEAR 3:

Mechanical Fuel Reduction

Price / Acre

Delivery: 09/15/2023

Period of Performance: 09/16/2022 to 09/15/2023

00040 YEAR 4:

Mechanical Fuel Reduction

Price / Acre

Delivery: 09/15/2024

Period of Performance: 09/16/2023 to 09/15/2024

00050 YEAR 5:

Mechanical Fuel Reduction

Price / Acre

Delivery: 09/15/2025

Period of Performance: 09/16/2024 to 09/15/2025

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

NATIONAL PARK SERVICE

INTERMOUNTAIN REGION

Yellowstone National Park Mechanical Fuels Reduction

Solicitation #P140P1420Q0085

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 National Park Service contemplates a single award of an Indefinite Delivery / Indefinite Quantity contract with firm, fixed-price task orders, as a result of this Combined Synopsis / Solicitation to the vendor, providing the best value to the Government. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P1419Q0085. A WRITTEN SOLICITATION SHALL NOT BE ISSUED. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2020-06 and are available in full text through Internet access at https://www.acquisition.gov/browse/index/far

This requirement is 100% set aside for total small business concerns. The North American Industry Classification System (NAICS) code is 115310 and the small business size standard is $20.5M.

QUOTES ARE DUE for this combined synopsis/solicitation on August 23, at 4:00 PM Mountain Time and shall be delivered by the specified time to stacy_vallie@nps.gov and submitted on the SCHEDULE OF ITEMS included herein, signed by an authorized company official. Please furnish the company name, DUNS number, address, phone and fax number, email address if available, and official point of contact and include all required documentation as indicated in this solicitation. No oral quotations shall be accepted. All questions regarding this solicitation shall be emailed to stacy_vallie@nps.gov. No phone calls please. All quotes from small business concerns shall be considered. However, to be considered for award, vendors shall be registered in the System for Award Management (SAM) at www.sam.gov. If you are not currently registered, you shall be registered at the time of award.

DESCRIPTION:

ANTICIPATED TASK ORDER – YEAR ONE

The main goal of the fuel reduction project is to create defensible space adjacent to structures in order to protect human life, property and resources from the threat of wildfires. Fuels shall be reduced so the advance of crown and ground fires are significantly slowed, and radiant heat levels are reduced so the ignition potential of structures is decreased.

Fuel reduction shall occur within Yellowstone National Park in the Grant Village area during Year 1 (see attached map). The project is broken into multiple blocks with 262 acres to be mechanically treated.

An IDIQ Contract will be issued for the removal of unwanted fuels by masticating dead and down ground fuels and thinning of conifer regeneration. A site tour will be conducted to provide prospective quoters the opportunity to assess the fuel loading and to calculate their proposals.

For the mechanical blocks, a Type 1 (200-350 HP) masticators/mulchers is required with a carrier-mounted mulching head, commonly called a strip mulcher. The contractor is encouraged to add additional Type 1 (200-350 HP), Type 2 (100-199 HP) or Type 3 (50-99 HP) masticators to expedite work production. Additional masticators are contractor choice of strip mulcher with a carrier-mounted head or boom mounted head. Tracked or Rubber-Tired (Wheeled) are acceptable.

PERIOD OF PERFORMANCE:

Additional projects of this type are being approved within Yellowstone National Park for the next five years. The work may occur in two counties within Yellowstone National Park during the course of these five years:

Park County, Wyoming Teton County, Wyoming

Mechanical work shall start after September 15, 2020, and shall be completed before October 24, 2020. For Year One, Mech Blocks 1, 1.1, 2, 3, 4 and 5 may start after September 15, 2020. Mech Blocks 6, 7, 8 and 9 may start after October 1, 2020 after visitor services are closed and visitor use in the area will be greatly diminished. Attached, please find the map of Grant 2020 Hazard Fuel Treatment. Note this map is geo referenced to view in the Avenza app.

National Park Service U.S. Department of the Interior

Yellowstone National Park Wyoming - Montana - Idaho

Produced by the Yellowstone Fire Cache 307-344-2180 Map Produced: 07/08/2020

Grant 2020 Hazard Fuel Treatment, 262 Acres µ

0.25 0 0.250.125 Miles

Legend Roads RoadClassText

Primary Roads Secondary Roads

Block Name and Acres Mech Block 1 - 18 acres Mech Block 1.1 - 2 acres Mech Block 2 - 71 acres Mech Block 3 - 40 acres Mech Block 4 - 21 acres Mech Block 5 - 12 acres Mech Block 6 - 43 acres Mech Block 7 - 22 acres Mech Block 8 - 25 acres Mech Block 9 - 8 acres

SCOPE OF WORK

OBJECTIVES:

1. Given the current high ground fuel loading, in order to decrease fire intensity, reduce means 1000-hour fuel loads to less than 10 tons/acre as measured on year post treatment.

2. Given the high level of crown fuel loading, to decrease crown fire potential, reduce mean treatment area canopy bulk density to less than 0.075 kg/m3 as measured one-year post treatment.

3. To maintain the current status of native plant species, implement mitigations during project implementation that do not increase non-native species as a result of treatment which will be measured by pre- and post- monitoring.

WORK SPECIFICATIONS:

1. Masticate/mulch all dead and downed fuels larger than 4 inches in diameter.

2. Masticate/mulch all standing dead trees within 300 feet of structures.

3. Conifers less than 10 inches in diameter breast height (DBH) shall be thinned to a crown spacing to an average of 20 feet.

Distances may range from 18 to 30 feet to give the forest a more natural appearance.

4. Masticate/mulch 90% of conifers less than 6 inches DBH.

5. Chip beds shall not exceed 4 inches in depth as to not suppress woody and herbaceous plant growth.

6. Chip size shall not exceed 2 inches by 6 inches and logs shall be 100% chipped.

7. All stumps shall be cut to within 1 inch of ground level.

8. Contractor is responsible for protecting the paved roadbeds when crossing with metal tracks.

9. Contractor shall rake-out any equipment marks (mulcher or other).

10. The desired future condition for all trees less than 10 inches DBH within 120 feet of structures is that they shall have a bole spacing of generally 24 feet relative to the remainder of the size class. Distances shall range from 18 to 30 feet to give the forest a more natural appearance. Progressively more vegetation shall be left between 120 and 400 feet to give the forest a more natural look. Trees greater than 10” DBH shall be protected wherever feasible.

11. Clumping of multi-age groups with 40 foot spacing between clumps is encouraged to prevent wind damage to leave trees.

MITIGATIONS AND REQUIREMENTS:

1. The density of vegetation shall be "feathered" in an irregular pattern and its density shall increase progressively distant from the structure(s).

2. Distance between tree canopies shall be varied to accommodate the viewshed wherever possible.

3. To reduce soil compaction and disturbance to the herbaceous layer, only fuel removal equipment with low pressure tires or tracks shall be used.

4. Wetlands, sensitive areas and archaeological areas will be mapped and flagged by the NPS and fully avoided. *Wetlands of the drainage bottoms will reduce overall treated acres.

5. To avoid impacts to visitor experience, the Contracting Officer Representative (COR) or Project Inspector will be available to answer questions.

6. Contractor is responsible for transporting all equipment to and from the project site.

7. Inspections: All vehicles, equipment and materials entering the Park shall be subject to inspection by the NPS. Prior to bringing vehicles, equipment or materials into the Park, shall notify the Project Manager a minimum of 72 hours prior to the anticipated entry into the Park. Following such notification, the NPS will schedule a date, time and location of the required inspection and notify contractor of the same.

8. In order to minimize any spread of non-native species into the work area, all vehicles and equipment shall be washed prior to entering the park.

9. All equipment shall be leak-free, and all servicing shall occur in a location approved by the Contracting Officer Representative (COR).

10. All food and drinks shall be secured at all times day and night. Grizzly bears and other wildlife frequent the work and living areas for this project. No food or drinks can be left outside or in the back of pick-up trucks any length of time unless it is in the possession of someone.

11. Contactor is responsible for providing gas and diesel. Contractor shall refuel and service equipment at least 150 feet from bodies of water. There is a gas station at Grant Village. Contractor supplied bulk fuel tanks are allowed on site with the approval of the COR.

12. Delivery Work Hours: The operation of heavy equipment shall be approved by the COR, any day between the hours of

7:00 a.m. and 8:00 p.m., unless prior permission is granted by the COR.

13. Personal protective equipment (PPE): Contractor is responsible for providing and wearing all PPE according to OSHA 29

CFR 1910 Subpart I regulations.

14. Contractor shall submit a project safety plan, a COVID-19 mitigation plan and maintain basic first aid supplies, which shall be under charge of a person trained to administer first aid.

15. The Contractor is responsible for providing their own lodging or RV(s); there are RV sites available at Grant Village for use by the contractor. Trailer hook ups are available at this site and will be provided by the NPS at no cost to contractor.

16. The NPS will provide road and area closure information as necessary as work progresses.

17. The NPS will provide emergency fire suppression response.

TREATMENT AREA DESCRIPTION:

1. Terrain is generally flat.

2. Most of the area is regeneration lodgepole from the 1988 fires with a heavy fuel loading of logs on the ground from the

1988 fires.

*INSTRUCTIONS TO OFFERORS (ADDENDUM TO FAR 52.212-1)

PROPOSAL SUBMISION:

All quotes shall be received no later than 4:00 p.m. Mountain Time, on August 23, 2020.

Facsimile Submission of Quotes will not be accepted.

Hard Copy Submission of Quotes will not be accepted.

Electronic Submission of Quotes will be accepted and is the preferred method. Electronic quotes shall be submitted to Stacy_Vallie@nps.gov with the following language in the subject line: “This is in response to Solicitation #140P14200085).”

The following documents shall be submitted with your quotes:

1) PRICE PROPOSAL: A price evaluation will be performed to determine the reasonableness of the proposed price.

Reasonableness will be determined considering other competitive prices received and comparison to the Independent Government Estimate. Pricing shall be completed on the “Schedule of Items” of this document.

2) TECHNICAL CAPABILITY: Offerors shall provide capability documentation of no more than ten, single-sided 8-

1/2”x11” pages. Provide a full description of items being proposed as they conform to the specifications in the Scope of Work.

The narrative shall contain a detailed approach to how the offeror will organize and successfully accomplish the work required, a concise list of equipment provided with equipment descriptions including what aspects of your approach make it the best value to the Government. Proposal shall include methods for ensuring quality control and safety. Provide information on past projects of a similar nature that have been successfully completed within in the past three (3) years.

3) PAST PERFORMANCE: Offerors shall provide references for three projects similar to this requirement, which were completed in the last 3 years. Provide the point of contact, business name, phone and email addresses for each reference.

Past performance is a measure of the degree to which the contractor has satisfied its customers in the past. The NPS may evaluate offeror's past performance based on contacting references, for projects completed within the past 3 years, provided by the contractor; the Government's knowledge of Offeror's past performance; and / or references obtained from any other source. The Government reserves the right to limit the number of references it ultimately contacts and to contact references or use sources other than those provided by the offeror to obtain information related to past performance. Other sources include, but are not limited to, the Past Performance Information Retrieval System; Federal, State or local governmental agencies; and private sector businesses.

Standard of Acceptability: The Offeror must receive at least a satisfactory past performance rating. Contractors without a record of relevant past performance, or for whom information on past performance is not available, will be considered to have a neutral rating and, hence, shall meet the acceptability standard for this Evaluation Factor.

4) AMENDMENTS: Offerors are asked to acknowledge any amendments to this solicitation by replying to the email, in which the amendment is contained.

5) REPRESENTATIONS AND CERTIFICATIONS: Complete the Provision at FAR 52.212-3 in the Government’s

System for Award Management (SAM) at https://sam.gov/SAM/

AWARD DETERMINATION

Quotes will be evaluated in accordance with FAR 13.106-2, Evaluation of Quotes or Offers. One award may be made to the Offeror whose quote represents the best value to the Government. Per FAR 2.101 – Definitions, ‘Best Value’ is defined as the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

The Government will award one 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 (reference ‘Evaluation Factors for Award’, FAR 52.212-2 – Evaluation-Commercial Items’, as outlined below).

Formal debriefings will not be conducted. In accordance with FAR 13.106-3(d), a brief explanation of the basis for the contract award decision shall be provided if requested.

52.212-2 Evaluation – Commercial Items (OCT 2014)

(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:

(i) Technical capability of the item offered to meet the Government requirement;

(ii) Past Performance;

(iii) Price

(b) 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 provision)

TASK ORDER PLACEMENT

1. AUTHORIZED ORDERING ACTIVITIES:

In addition to the Contracting Officer for the award contract resulting from this solicitation, the authorized officials specified herein may issue Task Orders: Any warranted Contracting Officer assigned to the Intermountain Region (IMR), Northern Rockies Major Acquisition Buying Officer (NR MABO), within the limits of their authority.

2. AUTHORIZED ORDERING METHODS:

A Task Order is considered ‘issued’ when the Government deposits the order in the mail or electronically transmits it to the Contractor. As soon as the Task Order is received, the Contractor shall confirm receipt in writing to the Contracting Officer. Task Orders can be issued up to 45 days in advance.

3. ORDERING PROCEDURES – ISSUANCE OF TASK ORDERS:

a) Upon receipt of any Task Order issued unilaterally by the Contracting Officer, the Contractor, pursuant to such order, shall furnish to the Government the services of the type detailed in, and at the prices as forth in the Task Order.

Orders may be issued at the discretion of the Government during the period set for in paragraph 4 below.

b) All orders will be placed in writing. At a minimum, each Task Order will contain the following information:

i. Contract and Task Order numbers;

ii. Date of Task Order issuance;

iii. Period of Performance;

iv. Task Order Schedule of Items;

v. Detailed outline of work to be performed, concise list of equipment provided with equipment descriptions and include site specific information;

vi. Estimated acres;

vii. Specific project location and project area map;

viii. Signature of authorized ordering official.

c) Each Task Order will utilize the pricing established and awarded through this solicitation.

d) The total amount of each order shall establish a firm, fixed-price for the Task Order. Any changes to the fixed-price must be issued in writing by the Contracting Officer, through a Contract Modification. Only upon receipt of an executed order, signed by the Contracting Officer, shall the Contractor commence work.

The Contractor shall notify the Contracting Officer Representative (COR) if any significant issues with regard to performance according to the terms of the order are anticipated or any significant time issues in performance arise.

4. MINIMUM AND MAXIMUM CONTRACT AMOUNTS

During the period specified in FAR 52.216-18 – Ordering (OCT 1995), the Government shall place orders totaling a minimum of $2,500.00 for the work specified, but not in excess of $1,525,000.00, collectively, over the life of the IDIQ Contract issued as a result of Solicitation 140P1420Q0085.

The Minimum Guarantee will be met through award of the initial Task Order for the work at Grant Village as described in this Solicitation. There is no obligation beyond the Minimum Guarantee.

5. EFFECTIVE PERIOD OF INDEFINITE DELIVERY, INDEFINITE QUANTITY (IDIQ) FIXED-PRICE

SERVICES CONTRACT:

The effective period of this contract shall be for five years from approximately September 16, 2020 through September 15, 2025.

6. TASK AND DELIVERY ORDER OMBUDSMAN:

In accordance with FAR 16.505(b)(4), the Task and Delivery Order Ombudsman will review complaints from the Contractor regarding the contract awarded under this solicitation. Communications with the task and delivery order ombudsman for the Department of the Interior may be directed to:

Tiffany Harvey Senior Procurement Analyst U.S. Department of the Interior 1849 C Street NW Washington, DC 20240 Phone: (202) 513-0719

7. FIRE DANGER/SEASON:

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable federal, state and local laws and regulations relating to fire prevention and with all special conditions of work as directed by the COR.

Additionally, the Contractor shall immediately notify the Government of any fires sighted on, or in the vicinity of, the project site/s. The Contractor may be held liable for all damages and for all cost incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set, or caused by, the Contractor or the Contractor’s agents or employees.

8. EXTENT OF OBLIGATION:

The Government obligation for performance of this contract beyond the award price is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of a Task Order, change order, or contract modification by the Contracting Officer. The Contractor(s) shall incur costs under this contract only in the performance of Task Orders and modifications to Task Orders issued in accordance with these ordering procedures. The price stated in the Task Order shall be considered the maximum allowable expenditure for the designated order. No other costs are authorized without the express prior written consent of the Contracting Officer. The funded amount is stated as the ‘Total’.

SCHEDULE OF ITEMS

SUPPLIES OR SERVICES & PRICES/COSTS

AMENDMENT NO. DATE

SCHEDULE OF ITEMS: Multi-Year, Single Award, Indefinite Delivery, Indefinite Quantity Contract with Firm, Fixed Priced Task Orders for Mechanical Fuels Reduction at Yellowstone National Park for an ordering period of five years.

Items 1 and 2: Mechanical Treatments for Teton and Park Counties in Wyoming.

PROVIDE QUOTE FOR TOTAL PRICE PER ACRE

MECHANICAL TREATMENTS

ITEM DESCRIPTION UNIT YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5

Teton County Fuel Reduction

Acre $ $ $ $ $

Park County Fuel Reduction

Acre $ $ $ $ $

NOTES:

1. Offerors shall submit a price for all line items and all five years. Failure to do so may render the offer unacceptable.

2. On lump-sum line items, provide total price only.

3. If no item exists for a portion of the work, include the price in a related line item.

4. In case of error in extension of prices, unit price governs.

5. In case of error in summation, the total of the corrected amounts will govern.

CONTRACTOR:

POINT OF CONTACT:

EMAIL:

PHONE:

DUNS#:

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates on 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 test of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far; (https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses).

52.203-3 Gratuities (APR 1984) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower

Rights (JUN 2020) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) 52.219-1 Small Business Program Representations (MAR 2020) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.245-1 Government Property (JAN 2017) 52.245-9 Use and Charges (APR 2012)

CLAUSES INCORPORATED BY FULL TEXT:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial

Items. (JUN 2020)

(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 items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

√ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct

1995) ( 41U.S.C.4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282)

( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

√ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

√ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] __ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6 .

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

√ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9 __ (18)

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

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

√ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned

Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

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

√ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

√ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30)

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

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

__ (31)

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

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

__ (32)

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

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

__ (35)

(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-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.)

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

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

__ (40)

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

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

__ (41)

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

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

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

__ (43)

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

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

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

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

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

__ (47)

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

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

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May

2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

√ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

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

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb

2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

√ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) 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 items:

√ (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 Under Executive Order 13658 (Dec 2015).

√ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 items. 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 (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 09/16/2020 through 09/15/2025.

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $350,000.00;

(2) Any order for a combination of items in excess of $350,000.00; or

(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 09/15/2025.

52.217-2 Cancellation Under Multi-Year Contracts (OCT 1997)

(a) “Cancellation,” as used in this clause, means that the Government is canceling its requirements for all supplies or services in program years subsequent to that in which notice of cancellation is provided. Cancellation shall occur by the date or within the time period specified in the Schedule, unless a later date is agreed to, if the Contracting Officer-

(1) Notifies the Contractor that funds are not available for contract performance for any subsequent program year; or

(2) Fails to notify the Contractor that funds are available for performance of the succeeding program year requirement.

(b) Except for cancellation under this clause or termination under the Default clause, any reduction by the Contracting Officer in the requirements of this contract shall be considered a termination under the Termination for Convenience of the Government clause.

(c) If cancellation under this clause occurs, the Contractor will be paid a cancellation charge not over the cancellation ceiling specified in the Schedule as applicable at the time of cancellation.

(d) The cancellation charge will cover only-

(1) Costs-

(i) Incurred by the Contractor and/or subcontractor;

(ii) Reasonably necessary for performance of the contract; and

(iii) That would have been equitably amortized over the entire multi-year contract period but, because of the cancellation, are not so amortized; and

(2) A reasonable profit or fee on the costs.

(e) The cancellation charge shall be computed and the claim made for it as if the claim were being made under the Termination for Convenience of the Government clause of this contract. The Contractor shall submit the claim promptly but no later than 1 year from the date-

(1) Of notification of the nonavailability of funds; or

(2) Specified in the Schedule by which notification of the availability of additional funds for the next succeeding program year is required to be issued, whichever is earlier, unless extensions in writing are granted by the Contracting Officer.

(f) The Contractor’s claim may include-

(1) Reasonable nonrecurring costs (see subpart 15.4 of the Federal Acquisition Regulation) which are applicable to and normally would have been amortized in all supplies or services which are multi-year requirements;

(2) Allocable portions of the costs of facilities acquired or established for the conduct of the work, to the extent that it is impracticable for the Contractor to use the facilities in its commercial work, and if the costs are not charged to the contract through overhead or otherwise depreciated;

(3) Costs incurred for the assembly, training, and transportation to and from the job site of a specialized work force; and

(4) Costs not amortized solely because the cancellation had precluded anticipated benefits of Contractor or subcontractor learning.

(g) The claim shall not include-

(1) Labor, material, or other expenses incurred by the Contractor or subcontractors for performance of the canceled work;

(2) Any cost already paid to the Contractor;

(3) Anticipated profit or unearned fee on the canceled work; or

(4) For service contracts, the remaining useful commercial life of facilities. “Useful commercial life” means the commercial utility of the facilities rather than their physical life with due…