47PB0021R0071 SF449 Solicitation 20210722.pdf
PDF 3 MB Posted
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- Snow Removal Services, Muskie FB, Augusta, ME
- Solicitation number
- 47PB0021R0071
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Other files
| File | Type | Posted |
|---|---|---|
| Amendment 47PB0021R0071_0002.pdf | ||
| Amendment 47PB0021R0071_0001.pdf | ||
| Exhibit 01 Building Information Sheet.docx | DOCX document | |
| 47PB0021R0071 Exhibit 06 Snow Removal Pricing Table 2021 07 15.xlsx | XLSX spreadsheet | |
| Exhibit 02 Snow and Ice Pricing.docx | DOCX document | |
| Exhibit 03 QASP.docx | DOCX document | |
| Exhibit 05 Surveillance Forms.docx | DOCX document | |
| Exhibit 04 Definitions.docx | DOCX document | |
| WD 2015-4009.pdf rev 15 dated 2021 04 22, 2021 7 15.pdf |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
PAGE
GENERAL SERVICES ADMINISTRATION
OF
ITEM NO.
(a)
SUPPLIES OR SERVICES
(b)
QUANTITY
ORDERED
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
PoP: 10/01/2022 - 09/30/2023
The 7-month period covers the invoicing period (October
PoP: 10/01/2021 - 09/30/2022
Contract Type: Firm Fixed Price
Option 2 Snow Removal Services, E.S. Muskie FOB Augusta, ME.
Option 1 Snow Removal Services, E.S. Muskie FOB Augusta, ME.
PSC: S218 -- HOUSEKEEPING- SNOW REMOVAL/SALT
Snow Removal Services
MO
ME. The 7-month period covers the invoicing period (October
Contract Type: Firm Fixed Price
Contract Type: Firm Fixed Price
PSC: S218 -- HOUSEKEEPING- SNOW REMOVAL/SALT
Snow Removal Services
Deliverable
PSC: S218 -- HOUSEKEEPING- SNOW REMOVAL/SALT
Base year Snow Removal Services, E.S. Muskie FOB Augusta, Deliverable
Snow Removal Services
PSC: S218 -- HOUSEKEEPING- SNOW REMOVAL/SALT
Deliverable
MO
outside of those seven months.
AUGUSTA, ME 04330-6350
Snow Removal Services outside of those seven months.
Deliverable
AUGUSTA, ME 04330-6350
outside of those seven months.
through April) for the season and services may be required
Place of Performance: EDMUND S MUSKIE FOB 40 WESTERN AVE through April) for the season and services may be required through April) for the season and services may be required
The 7-month period covers the invoicing period (October outside of those seven months.
MO
MO
AUGUSTA, ME 04330-6350
Place of Performance: EDMUND S MUSKIE FOB 40 WESTERN AVE
Place of Performance: EDMUND S MUSKIE FOB 40 WESTERN AVE
PoP: 10/01/2023 - 09/30/2024
The 7-month period covers the invoicing period (October
Contract Type: Firm Fixed Price
Option 3 Snow Removal Services, E.S. Muskie FOB Augusta, ME.
through April) for the season and services may be required
PAGE
GENERAL SERVICES ADMINISTRATION
OF
ITEM NO.
(a)
SUPPLIES OR SERVICES
(b)
QUANTITY
ORDERED
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
MO
AUGUSTA, ME 04330-6350
outside of those seven months.
Place of Performance: EDMUND S MUSKIE FOB 40 WESTERN AVE
AUGUSTA, ME 04330-6350
through April) for the season and services may be required
Place of Performance: EDMUND S MUSKIE FOB 40 WESTERN AVE
PoP: 10/01/2025 - 09/30/2026
The 7-month period covers the invoicing period (October
Contract Type: Firm Fixed Price
PoP: 10/01/2024 - 09/30/2025
Option 4 Snow Removal Services, E.S. Muskie FOB Augusta, ME.
__________4001
Snow Removal Services __________
PSC: S218 -- HOUSEKEEPING- SNOW REMOVAL/SALT
Deliverable
Snow Removal Specification
SOLICITATION NUMBER: 47PB0021R0071
SERVICE: SNOW REMOVABLE SERVICES
LOCATION(S): Edmund S. Muskie F.O.B. (ME0068ZZ)
40 Western Avenue
Augusta, ME 04330-6350
PERIOD OF PERFORMANCE: October 1, 2021, to September 30, 2022, with 4 1-year option periods
SOLICITATION ISSUE DATE: July 22, 2021
OFFER RECEIPT DATE/TIME: August 11, 2021, NO Later than 2:00 pm (EST)
Section A Solicitation/Contract Form
Refer to SF 1449
Section B – Performance Work Statement
B.1 Objectives and Scope
B.2 The Contractor Shall
B.3 Standard Services
B.3.1 Description
B.3.2 Snow Removal/Quality Control Plan
B.3.3 Clearing/Removing Snow/Ice from roadways, parking lots
B.3.4 Snow Plowing
B.3.5 Snow Removal
B.4 Sustainable Purchasing
B.5 Sustainable Products Standards
B.6 Protection and Damage
B.7 Environmental Reporting
B.8 Green Purchase Reporting
B.9 Federal Requirements
B.10 Supporting Documentation
B.11 Filing Dates
B.12 Submittals Chart (Contractor Deliverables)
Section C – Clauses
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (July
2021)
52.216-18 -- Ordering (Aug 2020)
52.216-19 -- Order Limitations (Oct 1995)
52.216-22 -- Indefinite Quantity (Oct 1995)
52.217-8 -- Option to Extend Services (Nov 1999)
52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)
52.237-3 -- Continuity of Services (Jan 1991)
52.242-15 Stop-Work Order (Aug 1989)
552.204-9 Personal Identity Verification Requirements (Jul 2020)
552.212-71 -- Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items (May 2019)
52.252-2 -- Clauses Incorporated by Reference (Feb 1998)
Section D – Contract Documents, Exhibits, & Attachments
D.1 Wage Determination
D.2 Site Visit
D.3 Solicitation Questions
D.4 Special Contract Requirements
D.5 List of Exhibit Attachments
Section E – Provisions
52.212-1 -- Instructions to Offerors -- Commercial Items (JUL 2021)
52.212-2 -- Evaluation -- Commercial Items (Oct 2014)
52.212-3 -- Offeror Representations and Certifications -- Commercial Items (FEB 2021)
52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (DEVIATION)
52.209-7 -- Information Regarding Responsibility Matters (Oct 2018)
52.233-2 -- Service of Protest (Sep 2006)
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) (Tailored)
Section A Solicitation/Contract Form Refer to SF 1449
Section B – Performance Work Statement
B.1 Objectives and Scope The contractor shall provide all management, supervision, labor, equipment, materials, tools and supplies necessary to provide snow and ice removal services at the E.S. Muskie Federal Building, 40 Western Ave, Augusta, ME.
Snow removal services provided by the Contractor are arranged and oversight is provided through one or more of the following entities: GSA’s Regional Office, Service Centers, Field Offices, or Local Offices. These entities represent the Facility Management organizations that have been adopted by GSA’s regional leadership.
The Contractor and Government shall work together to achieve contract objectives. The success of this effort requires cooperation between the contractor and Government management team to identify common goals and objectives. The
Contractor shall furnish all personnel, labor, equipment, material, tools, supplies, supervision, management, training/certifications, and services, except as may be expressly set forth as Government furnished, and otherwise do all things necessary to or incident to, perform and provide the work efforts described in this Performance Work Statement (PWS).
The Contractor, in working with the Government, shall be motivated to refine and improve its methods of performance to reduce the Government’s operating expense.
All references incorporated herein as Web sites (URL’s) are accurate as of January 2016 and may be subject to change by their web publisher. Web pages are provided to the Contractor for additional clarity. A change to any Web site specified in this contract does not change or alter the contract requirements and objectives identified herein.
B.2 The Contractor Shall
• Furnish all personnel, labor, equipment, materials, tools, supplies, supervision, management, training/certifications, and services, except as may be expressly set forth as Government furnished, and otherwise accomplish all actions necessary to or incident to, perform and provide the work efforts described in the contract.
• To the extent possible and consistent with EO 13788, the Contractor shall maximize the use of goods, products and materials that are produced in the United States.
• Ensure that their employees are properly trained, licensed and/or certified to operate necessary building systems or equipment for which licensed and/or certified personnel are required by Federal, State, or local laws, codes, or ordinances.
• Be responsible to make the management and operational decisions to meet the quality performance standards required under this contract
• Use innovation, technology and other means and methods to develop and perform the most efficient cleaning services for the building
• Implement an effective Quality Control Plan (QCP).
• Implement an effective service call system that results in prompt, professional, and courteous resolution of Building
Management concerns
• Keep the CO or their designee informed of the status of the work being performed, provide work schedules, and provide other pertinent information needed by the CO or their designee.
• Reduce the environmental impacts of work performed under this contract by using, to the maximum extent, environmentally sound practices, processes, and products.
B.3 Standard Services
B.3.1 Description The contractor shall provide all management, supervision, labor, equipment, materials, tools and supplies necessary to provide snow and ice removal services at the E.S. Muskie Federal Building, 40 Western Ave, Augusta, ME.
B.3.2 Snow Removal/Quality Control Plan The Contractor shall submit a detailed snow removal plan that meets the needs of the GSA. At a minimum, the snow removal plan shall include the following items:
• Coordination measures to ensure appropriate levels of effort for the conditions of the building.
• Equipment
• Personnel
• Snow removal event triggers
• Treatment areas requiring de-icing
• Approved materials and chemicals
• Safety plan
• Notification procedures
• Sub-Contractor for plowing/sanding (if applicable)
• Detailed description of how the contractor shall perform quality control to ensure employees are meeting the requirements of the contract.
• Contractor and custodial supervisor shall be in contact to coordinate snow removal at the beginning of each snow season.
The contractor shall furnish to the COR a list of telephone numbers where either he/she or his/her authorized representative may be contacted seven (7) days per week at any hour of the day or night to provide required services. The Contractor shall keep this listing current and provide the COR with an updated listing on or before October 1, prior to the start of each snow season. The Contractor shall, within 15 days prior to contract start, and prior to October 1 each year, notify the COR of the snow removal subcontractor that will perform any part of this work if work is to be subcontracted.
Snow removal activities will be reported on the monthly quality control report. This report shall be submitted by the 5th working day following the end of the previous month. This report shall detail efforts from the previous month to include dates and times of snow plowing, sanding/de-icing, and snow removal operations. This report shall also detail frequency and results of contractor quality control inspections.
B.3.3 Clearing/Removing Snow/Ice from roadways, parking lots Clearing snow/ice, shoveling, snow removal and treatment (sanding & deicing services) for snow/ice on all surfaces (i.e.
roadways, parking lots) shall be accomplished by the Contractor.
Environmentally friendly de-icing products that will not damage concrete entrances, walkways and steps, to prevent ice build-ups. This also applies to any sand/de-icing mixtures. Chemicals and/or sand shall be used to reduce safety hazards due to ice and snow. All chemicals used shall at a minimum comply with State environmental regulations and local codes. The Contractor shall ensure there is an adequate supply of chemicals and sand on site or readily available to cover unexpected snow and ice occurrences. All chemicals used in the performance of this contract shall be approved by the COR prior to the first inclement weather event.
All surfaces shall be kept clear of snow and ice at all times prior to and during normal building operating hours. In addition, areas used by the U.S. Post Office located at the E.S. Muskie Federal Building shall be kept clear of snow and ice all times of postal operations.
In addition, the contractor shall be required to return to the site the workday following a snow/ice event to clear areas where
Government vehicles were parked during the storm event. This includes Government vehicles parked along the back row of the parking lot, as well as postal delivery vehicles. The Government will make every possible effort to ensure vehicles left in the lot during a storm are parked in assigned areas and grouped together for ease of snow plowing/removal/sanding/de-icing.
B.3.4 Snow Plowing Snow plowing shall commence when local accumulation reaches two (2) inches. Snow plowing shall be accomplished by the
Contractor to maintain safe passage for access into buildings, parking areas, roadways, approaches, vehicular courts, ramps, etc. In the event of icy rain or snow, sanding/de-icing shall commence as necessary to maintain a safe passage on all paved roadways, parking lots, driveways, and ramps.
The contractor shall use caution when snow removal is in progress to prevent any damage to the buildings, grounds, vegetation, landscape areas, sidewalks, roads, fire hydrants, shrubs, signs and other protrusions. The Contractor shall be held liable for any damage incurred to Government property during the performance of work. All locally prescribed safety regulations, laws, and practices shall be carefully observed in performance of the work.
The Contractor shall be responsible for annual sweeping of all concrete and paved parking areas; removal of sand from adjacent grounds; and reseeding and repair of damage to affected areas at the end of each winter season. This work shall be completed prior to the Memorial Day weekend each year.
B.3.5 Snow Removal Snow must be removed from the site when the accumulation exceeds that which can be pushed off of the road, parking areas, ramps, and walkways without blocking traffic, parking spaces and pedestrian thoroughfares; or impedes the visibility of vehicular operators, pedestrians or tenant agency operations. Visibility can be defined as the line of sight of that of a passenger vehicle operator’s line of sight.
Snow shall be pushed off the roads, parking areas, ramps and walkways without blocking traffic, parking spaces and pedestrian thoroughfares or impeding the visibility of vehicular operators, pedestrians, tenant agency operations or creates a safety hazard. Snow shall be stockpiled only in those areas approved by the COR at the E.S. Muskie Federal Building. The approved area is at the south end of the parking lot next to the rear exit. Once this area is filled to capacity; it is the Contractor’s responsibility to haul the snow from the facility. Contractor shall have available the necessary equipment and other items needed to clear and/or haul snow and ice from the work site. At no time during building operating hours shall snow be allowed to be stored in the parking lot. The full length and width of all parking spaces shall be accessible during building operating hours.
Snow removal from site is to be included as part of the base bid price, not billable as an extra service.
Chemicals and/or sand shall be used to reduce safety hazards due to ice and snow. All chemicals used shall be certified by EPA’s
‘Design for the Environment.’ Products with no comparable substitute shall comply with Federal specifications and local codes and be approved by the CO or their designee prior to the first inclement weather event. No sodium chloride or calcium chloride salt shall be used due to environmental risk. Less disruptive chemicals such as magnesium chloride, potassium acetate, and potassium chloride are viable alternatives. The Contractor shall ensure there is an adequate supply of chemicals and sand on site or readily available to cover unexpected snow and ice occurrences.
B.4 Sustainable Purchasing The Contractor shall use safe and environmentally friendly products as referenced throughout this specification. Sustainable cleaning products and processes include those meeting government and third-party certified sustainability standards, other environmentally protective products and services as well as those that conserve energy, water, and other resources. Contractor shall select and track Snow Removal product and materials purchases as described herein.
B.5 Sustainable Products Standards In the performance of this contract Contractor shall purchase and use, to the extent possible, the safest and most environmentally friendly products. Products used in GSA facilities shall meet the following standards:
B.5.1 Key Sustainable Products (KSPs):
Categories of products and standards designated by GSA as those most commonly purchased in the execution of contracts and task or delivery orders for supplies and services performed at GSA property. Use of KSPs is mandatory. See the Green
Procurement Compilation at https://sftool.gov/greenprocurement for a partial list of products that comply with the KSP standards.
B.5.2 Federal Programs Designated Sustainable Products:
A compilation of products designated as sustainable by U.S. Department of Agriculture (USDA) BioPreferred, Environmental
Protection Agency (EPA) CPG, EPA Safer Choice and Department of Energy's EnergyStar or Federal Energy Management
Program (FEMP). Visit https://sftool.gov/green-products/5/cleaning-products.
• When selecting Non-KSP products from the EPA-designated (e.g. Comprehensive Procurement Guidelines (CPG) and
USDA designated in the BioPreferred Program and all other factors (such as price, performance, and availability) being equal, the Contractor shall select the CPG item.
• For other purchases, unless the Contractor receives an exemption from the Contracting Officer or their designee, the
Contractor shall select USDA designated in the BioPreferred Program products over products with other sustainable attributes. Visit (http://www.biopreferred.gov/),
• For those categories of product not recognized by one of the aforementioned standard’s, preference shall be given to products meeting the California Code of Regulations maximum allowable Volatile Organic Compounds (VOC) levels for https://sftool.gov/greenprocurement https://sftool.gov/green-products/5/cleaning-products http://www.biopreferred.gov/ the appropriate cleaning product category (California Air Resource Board/California Code of Regulations (CCR), Title 17
CCR Section 94509 – (Topic cited; Standards for consumer products at http://www.arb.ca.gov/consprod/regs/2008/3cp.htm).
Contractor shall also ensure that: (a) Green cleaning products and processes are complaint with the Guiding Principles for
Sustainable Existing Buildings; (b) Products meet the American Society of Testing Materials (ASTM) standards; and (c)
Chemical concentrates that require dilutions are used whenever possible as compared to ready- to-use products. Dilution control equipment should be employed to ensure correct dilutions of concentrates and to protect workers from exposure to concentrated chemicals.
B.5.3 Key Sustainable Products (KSPs)
Use of the listed KSPs is mandatory for all contracts and task orders and contractors are required to provide submittals demonstrating compliance (see subsection C.4.1.2 below). These KSPs were selected to simplify compliance with the various statutes and executive orders that require products purchased for use in the performance of this contract include products that are recycled content, biobased, non-ozone-depleting, less-toxic alternatives, energy-efficient, water-efficient, and meet environmental standards recommended by EPA or adopted by voluntary consensus standards bodies.
• Proof of Compliance
For each Key Sustainable Product used in the performance of this contract, the Contractor shall submit proof of compliance to the CO or his designee prior to the start of each contract year. For Contractors meeting the KSP standards using AbilityOne products, proof of compliance can be downloaded from the AbilityOne catalog website https://www.abilityone.com/OA_HTML/ibeCZzpHome.jsp?sitex=10020:22372:US.
• Exemptions
Exemptions may apply when Key Sustainable Products meeting the required standards, or recycle content product material that meet or exceed the EPA recovered material content guidelines, are not available because the item cannot be acquired— o Competitively within a reasonable time frame;
o Meeting reasonable performance standards; or o At a reasonable price.
The Contractor shall provide the Contracting Officer a short-written justification for any proposed exemption; the justification shall be made a part of the permanent contract file.
B.6 Protection and Damage The Contractor shall make reasonable efforts to assist the Government to prevent hazardous conditions and property damage.
To the extent that relevant conditions or activities are noted but are not associated with the Contractor’s scope, the Contractor shall promptly report such conditions or activities to the CO or their designee, or to security personnel.
The Contractor shall protect Government’s property, buildings, materials, equipment, supplies, records, and data that are within the Contractor’s control against unauthorized access, loss or damage.
http://www.arb.ca.gov/consprod/regs/2008/3cp.htm https://www.abilityone.com/OA_HTML/ibeCZzpHome.jsp?sitex=10020:22372:US
The Contractor shall establish a system for on-site work force personnel to report potentially hazardous conditions in the building to the CO or their designee or other designated Government representatives, regardless of whether the condition is within the Contractor’s responsibility.
The Contractor and Contractor’s employees and subcontractors shall comply with the General Services Administration, ‘Rules and Regulations Governing Conduct on Federal Property’ (as posted in the building), and shall promptly report violations by employees, or as otherwise observed, to the CO or their designee, or security personnel.
B.7 Environmental Reporting The Contractor shall provide all necessary information required in this Section to comply with environmental and green purchasing reporting requirements, and agency sustainability goals in this specification. The Contractor shall submit to the CO or their designee the following reports
B.8 Green Purchase Reporting The Contractor shall submit information on sustainable purchasing practices specific to the performance of this contract.
Records shall be sufficient to facilitate reporting on product purchase meeting the following standards:
- Key Sustainable Product: Contractor shall submit proof of compliance to the CO or his designee prior to the start of each contract year. For Contractors meeting the KSP standards using AbilityOne products, proof of compliance can be downloaded from the AbilityOne catalog website
(https://www.abilityone.com/OA_HTML/ibeCZzpHome.jsp?sitex=10020:22372:US). Proof of compliance includes electronic copies of manufacturer product sheets; screenshots from manufacturer or distributor catalogs or websites;
or an electronic copy of the pre-approved KSP product list posted on the Green Procurement Compilation
(https://sftool.gov/greenprocurement) highlighting the product or products to be used.
- Bio-based: The Contractor shall provide a list of USDA-designated bio-based products purchased October 1-September
30, during the previous fiscal year. Information will include the types and dollars spent on these products. The
Contractor shall submit the report in accordance with Federal Acquisition Regulation (FAR) Clause 52.223-2 no later than October 31 of each year during contract performance and at the end of contract performance. The reports shall be submitted to the https://www.sam.gov/
B.9 Federal Requirements The Contractor shall comply with all applicable governance documents, including, but not limited to Federal, State and local laws, regulations, and codes. The Contractor is responsible for obtaining access to all referenced documents at their own expense. The Contractor shall obtain all applicable licenses, training, and permits. If a change in law and/or regulation requires the Contractor to implement an action that will result in an increase or decrease in contract price, the Contractor shall implement the required action and within 30 calendar days, submit to the CO a price proposal for such change. If the CO determines an equitable adjustment is substantiated, a modification to the contract shall be issued.
B.10 Supporting Documentation The Contractor shall maintain documentation to support all the above reported activities (i.e. green purchases, etc.).
https://www.abilityone.com/OA_HTML/ibeCZzpHome.jsp?sitex=10020:22372:US https://sftool.gov/greenprocurement https://www.sam.gov/
B.11 Filing Dates Annual reports (except as otherwise specified) for the previous FY shall be submitted to the CO or his/her designee no later than November 15th of the following FY (e.g. October 2021-September 2022 report would be due NLT November 15, 2021).
B.12 Submittals Chart (Contractor Deliverables)
DUE PRIOR TO START OF WORK UNLESS OTHERWISE STATED
ITEM SUBMIT DATE RECEIVED
Section C YES NO
List of Appropriate KSP’s Used on
Contract
List of Environmentally Sustainable
Products and Equipment
5 days
Safety Data Sheets (SDS) with Inventory
List of Products
5 days
Hazardous Materials Inventory 5 days
Inventory List of Products (non-hazardous)
5 days
Snow Removal Plan 15 days
List of on-site Supervisors/
Representative with Phone No.'s
5 days
Strike Contingency Plan 5 days
DUE AFTER THE START OF WORK
ITEM SUBMIT DATE RECEIVED
Section C YES NO
Green Purchase Reports
-Bio-based as Required by FAR 52.223-2 via www.sam.gov
-KSP Proof of Compliance
Annually by 31 October
Annually by 31 October
Written Notice of Designation of
Contractor’s Representative
5 days http://www.sam.gov/
Section C – Clauses
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (July 2021)
(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) 52.209-10, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)
(3) 52.233-3, PROTEST AFTER AWARD (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (PUBLIC LAWS 108-77, 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:
[CONTRACTING OFFICER CHECK AS APPROPRIATE.]
_ (1) 52.203-6, RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUNE 2020), WITH ALTERNATE I (OCT 1995) (41 U.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 (JUNE 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).
_X_ (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 20201) 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 ASIDE (NOV 2020) (15 U.S.C. 644).
_ (II) ALTERNATE I (MAR 2020).
_ (15) (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.
_ (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 (JAN 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) 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).
https://www.acquisition.gov/far/part-52#FAR_52_219_13
_X_ (22) 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 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 (MAR 2020) (15 U.S.C. 637(M)).
_ (25) 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755).
_ (26) 52.222-19, CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2020) (E.O. 13126).
_X_ (27) 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015).
_X_ (28) 52.222-26, EQUAL OPPORTUNITY (SEP 2016) (E.O. 11246).
_X_ (29) 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) (38 U.S.C. 4212).
_X_ (30) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2020) (29 U.S.C. 793).
_X_ (31) 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUN 2020) (38 U.S.C. 4212).
_ (32) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496).
_X_ (33) (I) 52.222-50, COMBATING TRAFFICKING IN PERSONS (OCT 2020) (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).
_ (34) 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015). (E. O. 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.)
_ (35) (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.)
_ (36) 52.223-11, OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (JUN
2016) (E.O.13693).
_ (37) 52.223-12, MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (JUN
2016) (E.O. 13693).
_ (38) (I) 52.223-13, ACQUISITION OF EPEAT® -REGISTERED IMAGING EQUIPMENT (JUN 2014) (E.O.S 13423 AND 13514) https://www.acquisition.gov/far/part-52#FAR_52_219_28
_ (II) ALTERNATE I (OCT 2015) OF 52.223-13.
_ (39) (I) 52.223-14, ACQUISITION OF EPEAT® -REGISTERED TELEVISION (JUN 2014) (E.O.S 13423 AND 13514).
_ (II) ALTERNATE I (JUN 2014) OF 52.223-14.
_ (40) 52.223-15, ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (MAR 2020) (42 U.S.C. 8259B).
_ (41) (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_ (42) 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) (E.O. 13513).
_ (43) 52.223-20, AEROSOLS (JUN 2016) (E.O. 13693).
_ (44) 52.223-21, FOAMS (JUN 2016) (E.O. 13696).
_ (45) (I) 52.224-3, PRIVACY TRAINING (JAN 2017) (5 U.S.C. 552A).
_ (II) ALTERNATE I (JAN 2017) OF 52.224-3.
_ (46) 52.225-1, BUY AMERICAN--SUPPLIES (JAN 2021) (41 U.S.C. CHAPTER 83).
_X_ (47) (I) 52.225-3, BUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT (JAN 2021) (41 U.S.C. CHAPTER 83, 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 (JAN 2021) OF 52.225-3.
_ (III) ALTERNATE II (JAN 2021) OF 52.225-3.
_ (IV) ALTERNATE III (JAN 2021) OF 52.225-3.
_ (48) 52.225-5, TRADE AGREEMENTS (OCT 2019) (19 U.S.C. 2501, ET SEQ., 19 U.S.C. 3301 NOTE).
_X_ (49) 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).
_ (50) 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).
_ (51) 52.226-4, NOTICE OF DISASTER OR EMERGENCY AREA SET-ASIDE (NOV 2007) (42 U.S.C. 5150).
_ (52) 52.226-5, RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA (NOV 2007) (42 U.S.C. 5150).
____(55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
https://www.acquisition.gov/far/part-52#FAR_52_229_12
_ (53) 52.232-29, TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS (FEB 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(F)).
_ (54) 52.232-30, INSTALLMENT PAYMENTS FOR COMMERCIAL ITEMS (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(F)).
_ (55) 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER— SYSTEM FOR AWARD MANAGEMENT (OCT 2018) (31 U.S.C.
3332).
_ (56) 52.232-34, PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31
U.S.C. 3332).
_ (57) 52.232-36, PAYMENT BY THIRD PARTY (MAY 2014) (31 U.S.C. 3332).
_ (58) 52.239-1, PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) (5 U.S.C. 552A).
_ (59) 52.242-5, PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017) (15 U.S.C. 637(D)(12)).
_ (60) (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:
[CONTRACTING OFFICER CHECK AS APPROPRIATE.]
_X_ (2) 52.222-41, SERVICE CONTRACT LABOR STANDARDS (AUG 2018) (41 U.S.C. CHAPTER 67.).
_ (3) 52.222-42, STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) (29 U.S.C. 206 AND 41 U.S.C.
CHAPTER 67).
_ (4) 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).
_ (5) 52.222-44, FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS -- PRICE ADJUSTMENT (MAY 2014) (29
U.S.C. 206 AND 41 U.S.C. CHAPTER 67).
_ (6) 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).
_ (7) 52.222-53, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR https://www.acquisition.gov/far/part-52#FAR_52_247_64
CERTAIN SERVICES--REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67).
_X_ (8) 52.222-55, MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (NOV 2020) (E.O. 13658).
_X_ (9) 52.222-62, PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017) (E.O. 13706).
_ (10) 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, 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 2020) (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 $700,000 ($1.5 MILLION FOR CONSTRUCTION OF ANY
PUBLIC FACILITY), 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 (AUG 2019), (41 U.S.C. CHAPTER 67).
(xiii)
(A) 52.222-50, COMBATING TRAFFICKING IN PERSONS (OCT 2020) (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 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 (MAY 2014) (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 (MAY 2014) (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 (NOV 2020).
(xviii) 52.222-62, PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017) (E.O. 13706).
https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25
(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 (Aug 2020)
(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 October 1, 2021 through September 30, 2026.
(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) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
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 $100.00, 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 $25,000.00;
(2) Any order for a combination of items in excess of $50,000.00; or
(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in subparagraph
(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 2 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.
(End of Clause)
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 9/30/2026.
(End of Clause)
52.217-8 -- Option to Extend Services (Nov 1999) THE GOVERNMENT MAY REQUIRE CONTINUED PERFORMANCE OF ANY SERVICES WITHIN THE LIMITS AND AT THE RATES
SPECIFIED IN THE CONTRACT. THESE RATES MAY BE ADJUSTED ONLY AS A RESULT OF REVISIONS TO PREVAILING LABOR RATES
PROVIDED BY THE SECRETARY OF LABOR. THE OPTION PROVISION MAY BE EXERCISED MORE THAN ONCE, BUT THE TOTAL
EXTENSION OF PERFORMANCE HEREUNDER SHALL NOT EXCEED 6 MONTHS. THE CONTRACTING OFFICER MAY EXERCISE THE
OPTION BY WRITTEN NOTICE TO THE CONTRACTOR WITHIN 15 DAYS.
(END OF CLAUSE)
52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)
(A) THE GOVERNMENT MAY EXTEND THE TERM OF THIS CONTRACT BY WRITTEN NOTICE TO THE CONTRACTOR WITHIN
15 DAYS; PROVIDED THAT THE GOVERNMENT GIVES THE CONTRACTOR A PRELIMINARY WRITTEN NOTICE OF ITS
INTENT TO EXTEND AT LEAST 30 DAYS BEFORE THE CONTRACT EXPIRES. THE PRELIMINARY NOTICE DOES NOT
COMMIT THE GOVERNMENT TO AN EXTENSION.
(B) IF THE GOVERNMENT EXERCISES THIS OPTION, THE EXTENDED CONTRACT SHALL BE CONSIDERED TO INCLUDE THIS
OPTION CLAUSE.
(C) THE TOTAL DURATION OF THIS CONTRACT, INCLUDING THE EXERCISE OF ANY OPTIONS UNDER THIS CLAUSE, SHALL
NOT EXCEED 60 MONTHS.
(END…
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