6982AF25Q000006 GEOTECHNICAL DRILLING CA FLAP ALP 4(1) Hot Spring Road.pdf

REQUEST FOR QUOTATION (RFQ)

Issuing Office:

Agency Contact:

Solicitation Number:

Title:

Solicitation Release Date:

United States Department of Transportation Federal Highway Administration (FHWA) Central Federal Lands Highway Division (CFLHD) 12300 W. Dakota Ave.

Lakewood, CO 80228

Kelly Palmer, Contract Specialist Telephone: (720) 963-3621 Email: kelly.palmer@dot.gov; cflcontracts@dot.gov

6982AF25Q000006

GEOTECHNICAL DRILLING – CA FLAP ALP4(1) HOT

SPRINGS ROAD

APRIL 3, 2025

Technical Questions Due Date: APRIL 10, 2025, 2:00 P.M. MOUNTAIN TIME

Quotation Due Date: APRIL 17, 2025, 2:00 P.M. MOUNTAIN TIME mailto:kelly.palmer@dot.gov;%20cflcontracts@dot.gov

PART I

RFQ INFORMATION

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This is an OPEN-MARKET Firm Fixed Price (FFP) RFQ. This solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-03.

This solicitation is a Small Business Set-Aside, and the North American Industry Classification System (NAICS) code is 541380 with an industry size standard of $19.0. A responsible quoter is one whose quotation conforms to the solicitation and will be most advantageous to the Government. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from http://www.acquisition.gov/far.

All contractors must have a current active registration in the System for Award Management (www.SAM.gov) at the time of quote submission in order to be eligible to receive an award under this RFQ.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-12%23FAR_Subpart_12_6&data=04%7C01%7CGuang.Zeng%40dot.gov%7C68957b5b50704ad2a1a708d903fb8ffe%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637545201247686703%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=TjJ31lOZijSyRTCBmMlSCkBGbs9NKPSGlWGUBN4SN%2Bs%3D&reserved=0 http://www.acquisition.gov/far http://www.sam.gov/

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

In responding to this RFQ, quotations MUST include the following:

1. Price Quote: Submitted pricing in the format of the Contract Line-Item Number (CLIN)

Structure table shown in Part II.

2. Organizational Information: Quotations shall include the following mandatory business information regarding your company in the body of the cover email message:

a. Confirmation your company accepts government purchase orders.

b. Business Size (Small, Woman-Owned, Disadvantaged, Hub-Zone, Large, Non- Profit, etc.)

c. Payment Terms (Government Standard is NET 30)

d. Unique Entity Identifier (Generally referred to as the Data Universal Numbering System

(DUNS) Number)

e. Federal Tax Identification Number (TIN) (9-Digits)

f. Correct Mailing Address for the order (include name, telephone, email address); Note:

Mailing address and entity name shall match the information in www.sam.gov

g. Verification company information listed in the System for Award Management (SAM) current and accurate? https://www.sam.gov/SAM/

3. Instructions for Preparation of Quotations: Quotations shall be submitted electronically as Adobe (.pdf) files with the technical capability, pricing, past performance and organizational information sections submitted in a SINGLE email whose size shall not exceed 10 Megabytes.

4. Evaluation of Quotations: The Government intends to evaluate quotes and make a lowest price technically acceptable award. A verification of past performance will be completed.

NOTE: Failure to furnish all information required above may result in your quotation being considered non-responsive and eliminated from further consideration.

http://www.sam.gov/ https://www.sam.gov/SAM/

PART II

SCHEDULE OF SERVICES

GEOTECHNICAL DRILLING – CA FLAP ALP 4(1) Hot Springs Road

The Contractor shall furnish all supplies/services to perform the tasks described under this purchase order entitled, Geotechnical Drilling – CA FLAP ALP 4(1) Hot Springs Road. The Contractor shall furnish all supplies/services in support of the mission of the FHWA.

This is a SMALL BUSINESS SET-ASIDE, FIRM-FIXED PRICE REQUIREMENT.

Request for Quotation and Quoters shall quote a total price breakdown utilizing the CLIN chart below.

CLIN DESCRIPTION

Supplies/Services U/I Estimated Qty Unit Price Extend

Price

00101

Mobilization/Demobilization - Track Mounted Drill Lump Sum 1 Core Drilling Feet 30 HSA Drilling Feet 60 Pavement Restoration Each 1 Plugging Feet 90 SPT Samples Each 12 Rubber Tire Backhoe Hour 4 Water truck or trailer Day 2 Water truck or trailer mob/demob Lump Sum 1 Water haul Hour Stand-by rate for drill crew and equipment Hour Drill Crew Travel between Lodging & Job Site Hour 6 Flag Personnel Mobilization/Demobilization Lump Sum 1 Flag Crew Labor (incl. Travel to/from Lodging) Day 2 Per Diem (Flag Crew) Person-Day 4 Per Diem (Drill Crew) Person-Day 4 55 Gallon DOT Drums for cuttings (including disposal) Each 2

Supplies - 5 Gallon Buckets with Lids Each/Lump

Sum 4

Supplies - Sample Bags Each/Lump

Sum 40

Supplies - Core Boxes Each/Lump

Sum 4

TOTAL PRICE:

NOTE: Unless otherwise negotiated and approved, the contractor will be paid the FFP of each CLIN upon successful completion and Government acceptance. The contractor may also request milestone payments in accordance with work completed and accepted by the Government. Satisfactory completion and acceptance will be made by the Government.

PART III

GEOTECHNICAL DRILLING SCOPE OF WORK

Project Name: CA FLAP ALP 4(1) – Hot Springs Road

Project Locations and Descriptions:

The Federal Highway Administration, Central Federal Lands Highway Division, in partnership with Alpine County, is reconstructing Hot Springs Road. The scope of the roadway reconstruction includes full depth reclamation, placing new asphalt pavement, and constructing retaining walls.

Hot Springs Road is located within Alpine County in Northern California. Hot Springs Road begins at the intersection with Montgomery Street in the town of Markleeville and proceeds west for approximately 3.2 miles to the entrance of Grover Hot Springs State Park. The project limits are presented in Table 1. Maps of the project vicinity and proposed boring and test pit locations are presented in Figures 1 – 4.

Table 1: Project Limits Project Start Project End

Latitude (deg)

Longitude (deg)

Latitude (deg)

Longitude (deg)

38.69078358 -119.7971525 38.69574875 -119.8432403

Figure 1: Project Vicinity Map.

N

Project Location

Figure 2: Project Location.

Figure 3: Borehole (BH) and Test Pit (TP) Locations.

Figure 4: Additional Test Pit Locations

Scope of Work:

This scope of work is intended to cover geotechnical borings and test pits associated with the design and construction of Hot Springs Road. The purpose of the geotechnical investigation is to gather subsurface data along the extent of the proposed retaining walls to support the design process. This investigation is anticipated to include two (2) geotechnical borings and four (4) test pits. Table 2 below provides a summary of the field exploration program. This summary includes the exploration designation, exploration purpose, exploration location, and assumed exploration depth.

Table 2: Summary of Field Exploration Program Boreholes

Exploration Designation Purpose

Approximate Location Length HSA (ft)

Length of Coring (ft)

Total Depth

(ft) Lat (deg) Long (deg)

BH25-01 Cut Slope Wall 38.690922 -119.807978 40 20 60 BH25-02 Wall Foundation 38.691367 -119.806478 20 10 30 TP25-01 Cut Slope Wall 38.691106 -119.807224 - - <10 TP25-02 Cut Slope Wall 38.691027 -119.799761 - - <10 TP25-03 Cut Slope Wall 38.690874 -119.798673 - - <10 TP25-04 Cut Slope Wall 38.690852 -119.79763 - - <10

Notes:

- Footages are assumed and may be adjusted during drilling based on subsurface conditions.

- Exploration locations may be adjusted during drilling based on drill rig accessibility and passage of traffic.

BH25-01

The intent of BH25-01 is to evaluate the materials at the proposed wall location and confirm the presence of bedrock at the wall foundation. BH25-01 is located outside the roadway prism at the top of the proposed cut slope wall. Based on field observations, auger-type drilling is anticipated to be capable of advancing through the overburden. Rock coring will be utilized when rock is encountered, and a minimum 10 ft rock core will be collected.

BH25-02

The intent of BH25-02 is to evaluate the wall foundation bearing materials. BH25-02 is located along the roadway shoulder, up-station of BH25-01. Based on field observations, auger-type drilling is anticipated to be capable of advancing through the overburden. Rock coring will be utilized when rock is encountered, and a minimum 10 ft rock core will be collected.

TP25-01 to TP25-04 The intent of the test pits is to evaluate materials that will be retained by proposed retaining walls. A rubber-tire mounted backhoe is anticipated to be capable of digging through the overburden materials.

The test pits will extend to reach limits of the equipment or practical refusal.

Anticipated Soil Conditions:

It is anticipated that the overburden soils in the area will predominately be comprised of clayey till with sandy gravel and cobble. Bedrock is anticipated to consist of andesite and basalt. An outcrop of andesite and basalt was observed along the up station (East) end of the proposed cut wall.

A map and description of the geology in the project vicinity is presented in Figure 4. Photos of the proposed cut wall are provided in Figures 5 – 8 below.

Figure 5: Geology Map and Legend.

Figure 6: Panoramic View of Proposed Cut Wall Location.

Down station Direction

(West)

Up station Direction

(East)

Figure 7: Looking Towards Proposed Cut Wall Location (Down Station End).

Figure 8: Looking Towards Proposed Cut Wall Location (Up Station of Figure 6).

Approximate location of

BH25-01.

Figure 9: Looking Towards Proposed Cut Wall (Up Station End).

Equipment Accessibility:

Drilling will take place at the top of the proposed cut slope and within the roadway prism. BH25-01 should be accessible with a track-mounted drill rig via access point 1 (see Figure 3). A street-level view showing access points 1 and 2 is provided in Figure 10 and Figure 11. BH25-02 is located on the existing roadway will be accessible by a track or standard truck mounted drill rig. The test pit locations are accessible from the roadway.

FHWA will assist in coordinating an area to stage the drill rig overnight if needed.

Figure 10: Street View of Access Point 1.

Figure 11: Street View of Access Point 2.

Approximate location of

BH25-01.

Site Access

Site Access

Traffic Control:

Traffic control following the MUTCD will be required for this project. Single lane closure will be required for BH25-02 and the test pits. It is the responsibility of the drilling contractor to supply and coordinate the traffic control during the drilling operations.

Water Access:

Water for drilling operations will not be provided. Procuring water is the responsibility of the drilling contractor.

Cleanliness of Site and Environmental Impact:

It is allowable to backfill the completed borings with dry cuttings from drilling. It is the responsibility of the drilling contractor to collect and dispose of any drilling mud or slurry. It may be prudent to bring bags of bentonite, or similar material, if insufficient drill cuttings are produced to completely backfill the borings. An asphalt pavement patch must be applied to cover BH25-02 after the borehole is backfilled.

All contractors working on public lands will follow the applicable agency’s rules and guidelines pertaining to environment and cleanliness.

Test pits may be backfilled with material excavated from the pits. Wetland areas have been delineated in the roadside ditch adjacent to TP25-02 to TP25-04. The contractor will supply tarps, mats, or other appropriate means to prevent fill being placed in the wetlands.

Utility Locates:

The drilling contractor is responsible for requesting public utility clearances. FHWA has provided coordinates for the approximate borehole and test pit locations and can provide additional location details if requested.

Borings and Sampling:

A combination of HSA and HQ3 core drilling (or other) will be used for the subsurface exploration. The contractor may propose alternative drilling methods provided that SPT samples are collected in the overburden and continuous core samples are collected from the bedrock.

The geotechnical borings will be advanced with a combination of HSA and HQ3 core drilling (or other).

SPT samples will be collected at five (5) ft intervals within the overburden soil. The SPT sampler will be provided by the contractor. If an obstruction (i.e., cobble, boulder) is located at the five-foot interval, and the sampler refuses to advance, drilling will commence, and a sample will be taken as soon as the hole passes the obstruction. Hammer calibration must be within 1 year of the date drilling is performed.

Grab samples will be collected if significant changes in the subsurface are noted between drive samples.

Photos will be taken of all drive samples. The soil samples will be sealed and labeled in double bagged 1-gallon sample bags.

If/when auger refusal is met, or rock is encountered in the geotechnical boring, the boring will be advanced using HQ3 wireline tooling (or other). The coring method must have the ability to advance through gravels, cobbles, and boulders in the overburden as well as bedrock such as andesite and basalt.

Test pits will be excavated to equipment reach limits or practical refusal. The FHWA field staff will direct and assist with collection of samples.

The drilling contractor will provide 4 5-gallon buckets with lids for sample collection and four core boxes.

FHWA will provide personnel on-site to determine the boring locations and depths, log the borings, and collect samples. Work is anticipated to take place in May or June of 2025 as agreed upon by the FHWA and the drilling contractor.

Please provide costs pertaining for the following:

1. Mobilization/Demobilization (Lump sum).

2. HSA drilling rate (BH25-01, BH25-02) (per foot). Estimate 60 linear feet.

3. HQ3 core drilling rate (BH25-01, BH25-02) (per foot). Estimate 30 linear feet.

4. SPT sample rate (BH25-01, BH25-02) (each). Estimate 12 SPT samples.

5. Back hoe equipment and operator rate (TP25-01 to TP25-04) (per hour). Estimate 4 hours.

6. Stand-by rate due to weather (please provide an hourly rate less than drilling rate to be paid if needed).

7. On-site move rate (please provide an hourly rate less than drilling rate to be paid if needed).

8. Per diem based on CONUS (daily rate per person) (https://www.gsa.gov/travel/plan-book/per-diem-rates).

9. Rouge estimate of misc. expenses (4 core boxes, 4 buckets with lids, bentonite, etc.).

10. Water truck or trailer with an appropriate capacity to handle the drilling conditions and an adequately powered pump (daily rate).

11. Business Classification, and DUNS Number.

11. Other notable items: Davis Bacon wages are not applicable as this is a service contract and not a construction contract. Work schedule to be determined but 10 to 12-hour days likely.

https://www.gsa.gov/travel/plan-book/per-diem-rates https://www.gsa.gov/travel/plan-book/per-diem-rates

PART V

FEDERAL ACQUISITION REGULATION (FAR) AND TRANSPORTATION

ACQUISITION REGULATION (TAR) PROVISIONS AND CLAUSES

PROVISIONS

FAR & TAR PROVISIONS INCORPORATED BY REFERENCE

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisition.gov/far

52.204-7 System for Award Management (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services

(Sep 2023) 52.212-3 Offeror Representations and Certifications -- Commercial Products and

Commercial Services (May 2024)(DEVIATION FEB 2025)

FAR & TAR PROVISIONS IN FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential https://www.acquisition.gov/far component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

1252.237-71 -- Certification of Data (Nov 2022)

(a) The offeror represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g., company profile; qualifications; background statements;

brochures) submitted with its offer is current, accurate, and complete as of the date of its offer.

(b) The offeror understands that any inaccurate data provided to the Department of Transportation may subject the offeror, its subcontractors, its employees, or its representatives to:

(1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812 and 49 CFR part 31 and/or; (3) termination for default or for cause under any contract resulting from its offer and/or; (4) debarment or suspension.

(c) The offeror agrees to obtain a similar certification from its subcontractors and submit such certification(s) with its offer.

Signature:

Date:

Typed Name and Title:

Company Name:

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

(End of provision)

52.252-5 Authorized Deviations in Provisions. (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(End of provision)

CLAUSES

FAR CLAUSES INCORPORATED BY REFERENCE

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial

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

2023)

TAR CLAUSES INCORPORATED BY REFERENCE

The following Transportation Acquisition Regulation (TAR) clauses are incorporated by reference. The full text of the clauses can be accessed electronically at https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract

1252.201-70 Contracting Officer's Representative (Nov 2022) 1252.223-70 Removal or Disposal of Hazardous Substances -- Applicable Licenses and

Permits (Nov 2022) 1252.223-71 Accident and Fire Reporting (Nov 2022) 1252.237-73 Key Personnel (Nov 2022) 1252.242-72 Dissemination of Contract Information (Nov 2022)

FAR & TAR CLAUSES IN FULL TEXT

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (JAN

2025)(DEVIATION FEB 2025)

(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)).

https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

__ (6)[Reserved].

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

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243

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

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II)

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) ( Pub. L. 115–390, title II).

__(ii) Alternate I (Dec 2023) of 52.204–30

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JAN 2025) (31 U.S.C. 6101 note).

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

__ (14)[Reserved].

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

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17)[Reserved]

_X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644

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

__ (20) Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (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.

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__ (v) Alternate IV (JAN 2025) of 52.219-9

__ (22) (i)52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

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

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

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

_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

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

__ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

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

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

_X_ (31) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025).

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

__ (34) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

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

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

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

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057823 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057902 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057947 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055664 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250

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

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

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) 22 U.S.C. chapter 78 and E.O. 13627).

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

__ (40) 52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

__ (44) 52.223-20, Aerosols (May 2024) (E.O. 13693).

__ (45) 52.223-21, Foams (May 2024) (E.O. 13693).

_X__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l)(DEVIATION FEB 2025).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

_X_ (48) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

_X_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Reserved)

__ (iii) Alternate II (JAN 2025) of 52.225-3.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056304 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056753 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1095479 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053180 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053196 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_223_20 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1668D08086F https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446

__ (iv) Alternate III (Feb 2024) of 52.225-3.

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

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

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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

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

__ (67) 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.2307(f)).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, _X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

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

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

_X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054249 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054921 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055038 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055048 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050508 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050540 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050789 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1049272 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_242-5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1046560 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (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:

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_X_ (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) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

_X_ (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).

(10) 52.247.69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025)(49 U.S.C. 40118(g))

(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…