47PG1024Q0001 - Agreement - 20231213.docx

General Services Administration Region 6 Blanket Purchases Agreement for Fire Protection Facility Assessments and Child Care Center Fire Evaluations for the States of Kansas, Missouri, Iowa, and Nebraska (GSA, PBS Region 6)

THE AGREEMENT

BPA REQUEST FOR QUOTATION

47PG1024Q0001

December 14, 2023

Table of Contents

I. BPA Information

II. Quote Prices

A. Basis of Pricing B. Quote Pricing Form

III. BPA Terms and Conditions

IV. Agreement Clauses

A. Clauses Incorporated by Reference B. Additional Clauses in Full Text

SECTION I – BPA Information

I.A BPA Summary

This Agreement sets forth Requests for Quotation (RFQ) requirements for a Blanket Purchase Agreement (BPA) for Fire Protection Facility Assessments and Child Care Center Fire Evaluations for the States of Kansas, Missouri, Iowa, and Nebraska (Region 6).

I.B The Agreement

The Agreement covers the standard requirements which will be used throughout the base, and all option years of the BPA. Any Order issued will be reflective of these BPA terms and conditions.

I.C Period of Performance

I.C.2 Exercise of option years are not guaranteed and will be dependent on the performance of the quoter.

I.D Authorized Representatives

I.D.1 This Agreement is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Quoter (the Parties). References in this Agreement to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the authorized GSA representative under this Agreement:

Contracting Officer

Telephone:

Email:

I.D.2 The warranted GSA ordering officials for orders issued as a result of this Agreement are:

Any Warranted GSA Contracting Officer

GSA – Region 6 BPA

The Agreement 8 I.D.3 The contractor shall supply the Contracting officer the names of those in their organization that are authorized to sign and accept orders on behalf of the company.

SECTION II – Quote Prices

II.A Basis of Pricing

Quoted hourly rate will be considered firm-fixed price for each, separate hourly labor category.

For the purposes of evaluation only, sample man-hours have been provided but are not reflective of any work or any anticipated work. Quoters shall complete the pricing for the base year and all option years. These rates must include all labor, materials and equipment necessary to complete the orders. The rates however, do not include travel.

The following CLINs will be further explained: 0002 and 0003.

CLIN 0002 Fire Protection Designer/Engineer is an individual with an ABET accredited bachelor's degree in engineering and less than 4 years of experience in the fire protection in the industry.

CLIN 0003 Registered Fire Protection Designer/Engineer an engineer registered or licensed to practice professional engineering, as defined by the statutory requirements of the professional registration laws of the state.

II.B Quote Pricing Form

Base Year

0001*

* Denotes SCA and will be incorporated into each BPA order based upon location

Option Year 1

1001*

Option Year 2

2001*

Option Year 3

3001*

Option Year 4

4001*

SECTION III – BPA Terms and Conditions

III.A General

III.A.1 Qualifications of Personnel

This work involves fire protection services to be provided in each of the states encompassed by GSA Heartland Region (MO, KS, IA, and NE). The firm shall be prepared to provide Registered Fire Protection Engineers (FPE) to be able to provide/oversee the services necessary to GSA for projects which may occur in each of these states. Fire Protection Engineers may be licensed/registered in any State, and not necessarily in the State where the work is to be performed. Their PE license/registration must be and remain current and active throughout the duration of the agreement.

(a) Firms proposing to respond to this RFQ must meet the following minimum qualifications:

1. Have Registered Fire Protection Engineers (FPE), as described:

a. A licensed engineer who has passed the principles and practice of engineering examination in fire protection administered by the National Council of Examiners for Engineering and Surveying (NCEES). In addition, the engineer must have at least 2 years’ experience in conducting fire protection assessments of similar size, type, and complexity, or

b. A licensed engineer who has passed a principles and practice of engineering examination administered by the NCEES and holds Professional Member grade in the Society of Fire Protection Engineers. In addition, the engineer must have at least 2 years’ experience conducting fire protection assessments of similar size, type, and complexity, or

c. An engineer having an undergraduate degree or a graduate degree from a college or university in the course of study in fire protection engineering, fire protection engineering technology, or fire safety engineering that is accredited by the Accreditation Board for Engineering and Technology or a similar accreditation and has at least 4 years of experience in fire protection engineering. In addition, all work performed by these professionals must be reviewed and approved by a licensed engineer that meets the above qualifications and is also employed by the same company.

2. Have established experience in Registered Fire Protection Engineering to include tasks as listed in the “Scope of Work” Section (Agreement III.B), CLIN 0003 is the only CLIN that represents a Registered FPE;

3. Have available an experienced, professional staff consisting of: fire protection engineers, project managers, technicians, field support personnel, and administrative support as listed in Agreement II.B Price form.

a. In particular, Knowledge of and experience with work required in major fire protection services laws and regulations, see Agreement III.A.5

b. Experience, knowledge, and application of significant technologies required by the person's profession.

4. Any professional support not available through in-house staff shall be detailed in the Contractor Team Arrangement (CTA) and shall include resumes of proposed staff under this CTA.

(b) The Government seeks to retain personnel as was originally submitted for evaluation.

(c) The level of expertise may be adjusted in subsequent orders. This is to include additional education, experience, certifications, and licensing.

(d) The CO shall accept or reject personnel proposed by the contractor, if minimum qualifications are not met. The contractor shall make a timely prompt re-submittal to provide other personnel required to replace any that are rejected by the CO, both at initial submittal or any subsequent rejection or substitution of personnel.

(e) The CO shall have the right to remove any contract employee at any time during the performance of this agreement. The Government may remove an employee deemed to not be of the level of competence or ability required under the agreement, or if an employee is for any reason found to be unsuitable for the work. In such cases, the contractor shall promptly submit the name and qualifications of a replacement.

III.A.2 Substitution of Personnel

The Contractor shall utilize the personnel named in its price quote to perform the services required under the agreement.

The COR must approve named personnel prior to the performance of services.

In the event that any of the personnel named in the quote are unable to perform services, the Contractor shall promptly submit to the CO and the COR, in writing, a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute, and any other information needed to approve or disapprove the proposed substitution.

No substitutions shall be made without prior written approval of the CO or the COR.

No increase in agreement prices will be allowed when personnel substitution is authorized.

This requirement also applies to individuals employed by any subcontractors employed by the Contractor to perform services.

III.A.3 Contractor Team Arrangement

The Government shall issue single orders for requirements; thus any contractor team arrangement (CTA) required to fulfill the services included in this RFQ shall be the sole responsibility of the lead contractor responding to the RFQ. If a teaming arrangement is entered into, the arrangement must be specifically identified as such, and the CTA documentation should be submitted to the government as part of the initial quotation. Contractor’s who wish to enter into and submit a quote using a CTA are strongly encouraged to view the GSA website for FAQ’s related to CTA’s (www.gsa.gov/cta ). The lead contractor shall be responsible for overall coordination of the entire order. If subcontractor labor in addition to a CTA is used they must be mapped to their prime contractor’s schedule labor categories. A completed CTA shall be submitted to the Government as part of the RFQ submittal. This document shall be for review by the Government but is not evaluated.

III.A.4 Billing

(a) Unless addressed differently in the order, the FP shall compute a daily rate based upon their quoted price and construction calendar days or other calendar day duration. The FP is authorized to bill monthly based upon the daily rate worked for the order.

(b) Only electronic invoices will be accepted.

(c) Release of Claims (GSA 1142) GSAM 552.232-72 Final Payment

(d) A draft copy of the invoice must first be completed and approved by the identified COR for the order. Once approved, a copy (email) must be sent to the COR, and to the PBS electronic payments branch using the following instructions:

To submit an invoice electronically, go to GSA-OCFO Vendor Payment at: https://financeweb.gsa.gov/vendorpayment then click on Electronic Invoicing Tab.

III.A.5 Handbooks

The vendor shall refer to all applicable handbooks and guides when performing services on behalf of GSA. The following guides are for use in all Region 6’s FP orders and the vendor shall be familiar with the contents:

The following handbooks (most current edition) are to be used under awarded orders:

(a) ICC International Codes

(b) The NFPA standards referenced in the ICC International Codes

(c) Facilities Standards for the Public Buildings Service PBS-P100 (P100) Current PBS-P100 (gsa.gov)

(d) GSA Child Care Center Design Guide, PBS-P140

III.A.6 Deliverables

Unless otherwise specified in a given order, not to exceed $1,000,000* the consultant shall prepare a written report upon completion of each project. Each order report shall be initially submitted electronically for review by GSA as a draft report. Consultant shall make corrections and changes based on GSA input and issue a final report.

At minimum, reports shall consist of:

· An executive summary, background information,

· Description of activity performed, and

· Resulting findings, conclusions and recommendations.

All associated project analysis and documentation (engineering assumptions, charts, field notes, drawings, photos, review comments, etc.) shall be included in the project report. The report shall be submitted to GSA in compatible electronic format such as Word document, PDF, or Excel spreadsheet. Unless otherwise agreed upon for a given order, a draft report shall be submitted to the Fire Protection Services Branch within 14 business days of completing the order, and a final report will be due to the GSA transmitting official within 14 business days unless additional time is authorized by the GSA.

III.A.7 Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information This clause applies to all recipients of CUI building information (which falls within the CUI Physical Security category), including quoters, bidders, awardees, contractors, subcontractors, lessors, suppliers, and manufacturers.

Marking CUI. Contractors must submit any contractor-generated documents that contain building information to GSA for review and identification of any CUI building information that may be included. In addition, any documents GSA identifies as containing CUI building information must be marked in accordance with the Order and the Marking Controlled Unclassified Information Handbook (the current version may be found at https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf) before the original or any copies are disseminated to any other parties. If CUI content is identified, the CO may direct the contractor, as specified elsewhere in this contract, to imprint or affix CUI document markings (CUI) to the original documents and all copies, before any dissemination, or authorized GSA employees may mark the documents.

1. Authorized recipients.

a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information, as defined in 32 C.F.R. § 2002.4(bb). Those with such a Lawful Government Purpose may include Federal, state, and local government entities, and non-governmental entities engaged in the conduct of business on behalf of or with GSA. Non-governmental entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting a quote or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a Lawful Government Purpose to access such information. If a subcontractor is not registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the contract, the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.

b. All GSA personnel and contractors must be provided CUI building information when needed for the performance of official Federal, state, and local government functions, such as for code compliance reviews and the issuance of building permits. Public safety entities such as fire and utility departments may have a Lawful Government Purpose to access CUI building information on a case-by-case basis. This clause must not prevent or encumber the necessary dissemination of CUI building information to public safety entities.

2. Dissemination of CUI building information:

a. By electronic transmission. Electronic transmission of CUI information outside of the GSA network must use session encryption (or alternatively, file encryption) consistent with National Institute of Standards and Technology (NIST) SP 800- 171. Encryption must be through an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard or Triple Data Encryption Standard, in accordance with Federal Information Processing Standards Publication 140-2, Security Requirements for Cryptographic Modules, as required by GSA policy.

b. By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include CDs, DVDs, and USB drives. Nonelectronic forms of CUI building information include paper documents, photographs, and film, among other formats.

i. By mail. Contractors must only use methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt. CUI markings must not appear on the exterior of packages.

ii. In person. Contractors must provide CUI building information only to authorized recipients with a Lawful Government Purpose to access such information. Further information on authorized recipients is found in section 1 of this clause.

3. Record keeping. Contractors must maintain a list of all entities to which CUI is disseminated, in accordance with sections 2 and 3 of this clause. This list must include, at a minimum: (1) the name of the state, Federal, or local government entity, utility, or firm to which CUI has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the CUI building information, with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information; (3) contact information for the named individual; and (4) a description of the CUI building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received.

4. Safeguarding CUI documents. CUI building information (both electronic and paper formats) must be stored within controlled environments that prevent unauthorized access. GSA contractors and subcontractors must not take CUI building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a Lawful Government Purpose for access.

5. Destroying CUI building information. When no longer needed, CUI building information must either be returned to the CO or destroyed in accordance with guidelines in NIST Special Publication 800-88, Guidelines for Media Sanitization.

6. Notice of disposal. The contractor must notify the CO that all CUI building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 5 of this clause, with the exception of the contractor's record copy. This notice must be submitted to the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to the CO at the completion of the lease term.

7. CUI security incidents. All improper disclosures or receipt of CUI building information must be immediately reported to the CO and the GSA Incident Response Team Center at gsa-ir@gsa.gov. If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of CUI building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

8. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.

III.A.9 Security Clearances

(a) Security Clearances. Contractor shall comply with the following requirements pertaining to security clearances:

Contractor shall comply with the following requirements pertaining to security clearances.

(1) All personnel performing work under the Agreement on the Project site must obtain an Enter on Duty (EOD) determination before they will be granted access to the site.

(2) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form SF87 and a completed Contractor Information Worksheet (CIW). Detailed information is available at GSA Access Card . USAccess Credentialing Centers can be located at US Access Centers.

(3) In addition, all such personnel who will be on site 6 months or longer must apply for and receive clearance in accordance with Homeland Security Presidential Directive 12 (HSPD-12). See Section IV, Contract Clauses, GSAR 552.204-9.

(b) GSAR 552.204-9 Personal Identity Verification Requirements (APR 2023)

(a) The Contractor shall comply with GSA personal identity verification requirements, identified in ADM 2181.1 GSA HSPD-12 Personal Identity Verification and Credentialing, and Background Investigations for Contractor Employees, if Contractor employees require access to GSA controlled facilities or information systems to perform contract requirements. The Contractor can find the CIO policy and additional information at https://www.gsa.gov/resources/for-federal-employees/access-gsa-facilities-and-systems-with-a-piv-card.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system.

(End of clause)

III.A.10 Travel Costs

The place of performance shall be deemed as within 50 miles of the worksite. If the work does not require site investigation and can be completed at the quoters office, travel costs may not be necessary. Travel charges shall be negotiated as professional hours with each order and may not exceed Federal Travel Regulations (FTR). The per diem rates are published on the GSA website.

III.A.11 Insurance

Within 30 days after BPA award, the following must be completed and delivered to the Government:

CERTIFICATION OF REQUIRED INSURANCE

(a) By authorized signature below, the vendor certifies that it has and will maintain as current at all times during the performance of this contract (to include any options that may be exercised) insurance coverage in the kinds and amounts specified below:

(I) Workers' Compensation and Employers' Liability - $100,000 minimum;

(2) General liability - Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence;

(3) Property damage $50,000 per occurrence; and

(4) (IF APPLICABLE) Automobile Liability. Shall be written on the comprehensive form of policy and provide for coverage of at least $200,000 per person, $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(b) The General Liability policy (ies) shall name "The United States of America, acting by and through the General Services Administration," as an additional insured with respect to operations performed under this contract. Should such insurance be canceled, the Contracting Officer will be given 30 days notice prior to the effective date of cancellation.

(c) The Contractor agrees to insert the substance of this provision in all subcontracts hereunder.

(d) Specific data will be furnished by the Vendor if and when requested by the Contracting Officer.

Vendor certifies that it currently has the insurance in the nature and amount specified above as follows:

Name of Insurance Company: ______________________________________________

Address of Insurance Company: ____________________________________________

Policy Number:________________________________

Insurance Agent's Name: _________________________________________________

Telephone No. of Agent: __________________________________________________

(Signature of authorized officer or employee and date)

(Typed name and title of authorized officer or employee)

III.A.12 Service Contract Act

The Service Contract Act (SCA), FAR 52.222-41, and related clauses (52.222-42 and 52.222-43) are applicable to this Blanket Purchase Agreement (BPA). Any proposed labor categories (usually non-professional categories) are subject to the SCA and shall be verified by the quoter that its proposed base rates and fringe benefit rates for those labor categories meet or exceed the SCA wage determination and fringe benefits for the area where the quoter expects to perform the majority of the work.

III.A.13 Quality Control Plan (QCP)

Within 30 days after BPA award, a completed quality control plan (QCP) shall be submitted by the quoter and accepted by the Government. The quoter shall ensure that the required services specified in performance work statement, see section III.B, be addressed and meet the requirements of the BPA. The plan must be revised by the quoter at no additional cost to the Government during the life of the contract as necessary to ensure that quality requirements are met. All revisions must be accepted by the Government.

III.A.14. Notice To Proceed

The Contracting Officer will issue NTP on this agreement only after receipt from the Contractor, and approval by GSA of Quality Control Plan and Certificate of Insurance.

III. A.15 Additional BPA Order Procedures

(a) Vendors must supply the resume(s) of the proposed personnel, with each order, to verify education, experience, and any certifications or licensing required at the order level.

(b) Unless otherwise stated, all orders will be issued as a Firm-Fixed-Price type of contract.

(c) Quoters are required to supply all services and materials required to complete the requirements as specified in this Agreement and the follow-on orders. The Government may supply physical work space, on an as-needed-basis, for the quoter as the order requires.

(d) Total evaluated price (TEP) in BPA orders shall be as follows:

Cost of labor mix + travel costs = TEP

Quoter must list out each labor category, the hours associated, and the price for that labor category. This price cannot be higher than the price as was submitted in response to the BPA.

Travel will be billed as cost per trip, multiplied by the proposed number of trips to get the price. The cost per trip will be used for any additional travel costs in the case of additional work required.

(e) Additional QCP elements may be sought under orders.

(g) Best Value Determination – The Government will award to the lowest price quote, or the Government may seek to award to the higher rated technical submission in a trade-off scenario. The BPA order will detail the evaluation details.

III.A.16 Section 508 Standards of the Rehabilitation Act

This agreement requires that when Federal agencies develop, procure, maintain, or use Information and Communication Technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities.

Vendors must identify whether a proposed ICT product or service is compliant with Section 508 accessibility standards at 36 CFR 1194. The quote must also identify where full details of compliance can be found (e.g. vendor’s website or other exact location.) For more information on Section 508 standards visit the Section 508 site.

III.B Order-Performance Work Statement

III.B.1 General

GSA Heartland Region supports the states of Nebraska, Iowa, Missouri and Kansas. PBS's regional real estate portfolio includes 23 million square feet of space in 57 federally owned and 338 leased buildings. The agency has an active fire protection program. The agreement resulting from this Request for Quote shall provide GSA project management and implementation within our serviced geographic area.

III.B.2 Scope of Services

III.B.2.a. Scope of Work: Firm shall provide the following services to GSA and perform the following functions:

Appendix A – Fire Protection Facility Assessments, Fire Protection National Risk Management Surveys in Owned Facilities

Appendix B – Child Care Center Fire Evaluations

Appendix C – Fire Protection Facility Assessments, Fire Protection National Risk Management Surveys of Leased Facilities

III.B.2.b. Government-Provided Equipment: The government will not be providing equipment for this BPA; all sampling and testing equipment must be provided by the contractor.

III.B.2.c. Vendor-Provided Equipment: Equipment provided by the vendor for any GSA-ordered investigation will be maintained, calibrated, and operated in adherence with the manufacturer's instructions and general industry standards. Annual and field calibration data for the equipment will be included in the report documentation provided at the conclusion of the investigation for which it was used. Sampling supplies will also be provided by the contractor.

III.B.2.d. Deliverables

Specific requirements regarding deliverables will be established in each BPA Order issued under this contract.

A Form 1449 and Form 1449 Suuplemental, Order for Commercial Items, will be issued by GSA ordering officials to initiate Orders issued against this BPA. The Contractor shall not commence any work under this contract without receiving a Form 1449.

III.B.2.e. Schedule: All work performed within this resulting agreement shall be coordinated with GSA Fire Protection Management Team and as outlined in the individual orders.

SECTION IV – Agreement Clause

IV.A Clauses Incorporated by Reference

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

X_ (10) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (12) [Reserved].

__ (13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (14) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (15) [Reserved] __ (16) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

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

__ (17) (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.

X_ (18) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).

__ (19) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (20) (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.

X_ (21) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (22) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

X_ (24) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (25) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

X_ (26) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (27) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (28) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

X_ (29) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X_ (30) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .

X_ (31) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_ (32) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

X_ (33) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

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

X_ (34) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

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

X_ (35) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

X_ (36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_ (37) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

X_ (38) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (39) (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.)

__ (40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (42) (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.

__ (43) (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.

__ (44) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (45) (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_ (46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (47) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (48) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (49) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (50) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (51) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

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

__ (52) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (53) 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).

__ (54) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (55) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (57) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (58) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (59) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X_ (60) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (61) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (62) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (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).

X_ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

X_ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 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.

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

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

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

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

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

(xiii) 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.

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

(xv) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xvi) 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).

(xvii) 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).

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

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

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

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

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

(xxii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiii) 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.

(xxiv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) FAR 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 7 calendar days.

(End of clause)

GSAR 552.232-1 Payments (NOV 2009) (a)The Government shall pay the Contractor, without submission of invoices or vouchers, 30 days after the service period, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract.

(b)Unless otherwise specified in this contract, the Government will make payment on partial…