SAP Commercial CA FLAP MNO 01N04(1) March 2025.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 Avenue Lakewood, CO 80228

Eric Grosskreuz, Acquisition Program Specialist Telephone: (720) 963-3417 Emai l.: eric grosskreuz@dot.gov; cflcontracts@dot.gov

6982AF25Q000007

Drilling for subsurface pavement investigations CA FLAP MNO 01N04(1) Saddlebag Lake Road

June 16, 2025

Technical Questions Due Date: June 23, 2025

Quotation Due Date: June 30, 2025

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;

proposals 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) 2025-04.

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 Million. 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.

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

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

1. Technical/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 Part II 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.

PART II

SCHEDULE OF SERVICES

Drilling for subsurface pavement investigations ‐ CA FLAP MNO 01N04(1) Saddlebag Lake Road

The Contractor shall furnish all supplies/services to perform the tasks described under this purchase order entitled, Drilling for subsurface pavement investigations - CA FLAP MNO 01N04(1) Saddlebag Lake 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 Unit Quantity Unit Price Extended Price

Mobilization LUMP SUM ALL

Mono County Encroachment Permit Fee ($528.00)

FEE

($528)

ALL

Obtaining permit application with traffic control plan for Mono County and INYO National Forest for Right of Way access for drilling and 811 utility locates for 10 drilling sites

LUMP SUM ALL

Traffic Control: Traffic Control Crew (2 person), 9 hours (not subject to wage determination), travel at 8 hours

HOUR 17

Traffic Control: Traffic Control Equipment (includes vehicle, signs, paddles, cones, and other devices as needed for one lane closures with flaggers).

LUMP SUM 1

Per Diem Rate per day per person (traffic control) Minimum 2 flaggers If staying overnight (assumes 1 night) Hotel per diem $139 with taxes $25, M&EI $86 Mammoth Lakes MONO County

Day 1

Drill Work 10 Drilling, Shallow (5-feet ) borings, truck mounted drill rig.

Journeyman-level drill operator and 1 drill helper, collecting samples, and asphalt pavement restoration.

(2 person), 9 hours (not subject to wage determination), travel at 8 hours

HOUR 17

Per Diem Rate per person per day (drilling 2 persons) If staying overnight in Lee Vining, CA (assumes 1 day) Mammoth Lakes, Mono County, CA If staying overnight (assumes 1 night) Hotel per diem $139 with taxes $25, M&EI $86 Mammoth Lakes MONO County

Day 1

Miscellaneous Supplies for collecting samples and asphalt pavement restoration:

Ten (10) 5-gal buckets and lids for sample collection, 10 (10) 50 lb bags of bentonite/gravel Three (3) 50 lb bags of fast-setting concrete

LUMP SUM All

Total $

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

Drilling for subsurface pavement investigations

Project Locations/Directions: CA FLAP MNO 01N04(1) Saddlebag Lake Road

Project Location: The project is located in Inyo National Forest in Mono County, California. The beginning of the project is at the intersection of Highway 120 and Saddlebag Lake Road which is 9.9 miles east of the intersection of US 395 and CA 120 in Lee Vinning, California. The project begins at 37.938431, -119.249150 proceeding north for approximately 2.5 miles on Saddlebag Lake Road to the terminus in the parking lot at 37.965824, -119.270646.

The work includes subsurface investigations in the existing roadway. The surfacing for Saddlebag Lake Road has approximately 1.2 miles of existing pavement and 1.3 miles of native material sections.

It is anticipated the work for Saddlebag Lake Road will consist of 10 shallow pavement boring locations along the 2.5 mile route.

Project Site: CA FLAP MNO 01N04(1) Saddlebag Lake Road

Project Location

Boring Locations

CA FLAP MNO 01N04(1) Saddlebag Lake Road

Pavement Investigation and Boring Locations

Boring Lane Station Mile Distance Latitude Longitude Comments

Surfacing Post (feet)

BH-1 5' RT 104+10 0.03 37.938539° -119.249955° Asphalt

BH-2 5' LT 121+20 0.35 1710.00 37.941565° -119.254373° Gravel

BH-3 5' RT 139+55 0.70 1835.00 37.945752° -119.257569° Gravel

BH-4

culvert

5' LT 142+40 0.76 285.00 37.946467° -119.257880°

Gravel

BH-5 5' RT 147+65 0.86 525.00 37.947839° -119.258280° Asphalt

BH-6 5' LT 165+05 1.18 1740.00 37.951185° -119.262379° Gravel

BH-7 5' RT 184+30 1.55 1925.00 37.955554° -119.266035° Asphalt

BH-8 5' LT 202+00 1.88 1770.00 37.959797° -119.268830° Asphalt

BH-9 5' RT 219+10 2.21 1710.00 37.962819° -119.272669° Asphalt

BH-10 0' LT 233+20 2.48 1410.00 37.965759° -119.271237°

Gravel Parking

Area

Page 7of 54

SUBSURFACE INVESTIGATION

General: The investigative and drilling work will take place on paved or gravel surfaced roads. All the sites will be accessible for a truck mounted drill rig. The purpose of the borings is to determine the depth and quality of the existing pavement surface, the type of material the road is bearing on, and to determine the soil profile at each location.

SAM.gov: The driller must be registered in SAM.gov with a Unique Entity ID (UEI) number to provide services to FHWA. SAM.gov registration may take up to 7 days on-line.

Drilling Needs & Equipment: The investigation will consist of shallow pavement borings with a diameter of 8 inches within the roadway which will be advanced to a typical depth of 5 feet. If bedrock is encountered the boring will stop in that location.

A truck mounted drill rig is required for the work.

Supply an 8 inch (nominal) diameter auger capable to advance to 5 to 10 foot depths through asphalt concrete surfacing, cobbles and subgrade.

Supply water source with enough capacity for mixing three 50 lb bags of fast-setting concrete mix for caping boreholes.

Ten (10) 5-gal buckets and lids for sample collection

Ten (10) 50 lb bags of bentonite/gravel

Three (3) 50 lb bags of fast-setting concrete

Drill cuttings can be dispersed at the site. Backfill all borings with excess cuttings, imported bentonite/gravel/aggregate/pea gravel, and/or native material and well compact in lifts. The bore holes within the roadway need to be topped with at least 8 inches of fast-setting, rapid-hardening structural concrete. A two-man drill crew is anticipated.

Traffic Control: Saddlebag Lake Road is two-way ADT is estimated at 200 VPD with mountainous terrain with a 25 mph posted speed. As part of the contract provide traffic control for single lane closure with two flaggers with two multiple channel 2-way radios and all traffic control equipment, including two sets of three advanced warning signs, two multiple channel 2-way radios, two stop paddles, cones, and other traffic control devices in accordance with the MUTCD.

Working Schedule and Hours: The anticipated schedule for the drilling is as follows:

Coordinate utility locates, permitting and details with Mono County, traffic control and drilling schedule.

Meet at project site at the intersection of SR 120 Tioga Pass Road and Saddlebag Lake Road. Approximately 10 miles west of Lee Vining, California on SR 120.

Google Maps Meeting Location:

www.google.com/maps/dir/37.9384183,-119.2488566/37.938408,- 119.248738/@37.9651108,- 119.2251315,13.21z/data=!4m2!4m1!3e0?entry=ttu&g_ep=EgoyMDI1MDUxNS4xIK XMDSoASAFQAw%3D%3D

Travel day: It is estimated 1 overnight stay is required to begin work at 8:00 am.

Work Day: Meet FHWA personnel at the project site at the intersection of SR 120 Tioga Pass Road and Saddlebag Lake Road. Approximately 10 miles west of Lee Vining, California on SR 120.

Meet at 8:00 am begin Safety meeting and set up traffic control

9:00 am Begin subsurface investigation

9:00 am to 4:00 pm proceed with traffic control and subsurface investigation for 10 locations.

4:00 pm to 5:00 pm remove traffic control and close out meeting and demobilization.

It is estimated work will be completed at 5:00 pm and an overnight stay is not required.

TABLE 1 - DRILLING QUANTITY AND TYPE

CA FLAP MNO 01N04(1) Saddlebag Lake Road

Quantity/ Locations

Type Depth Sample Size Remarks

(2.5 miles)

Shallow Borings 5 feet typical (but up to 10 feet)

Bulk (50-70 lbs.)

approximately ¾ of 5 gallon bucket.

Existing surfacing varies between gravel or asphalt.

5 boreholes backfilled with native material, bentonite/gravel and 5 boreholes with concrete mix in locations with pavement.

Shallow borings are intended to penetrate through the existing pavement structural section and into the underlying material to gather bulk subgrade soil samples (50-70 lbs. per location) and measure layer depths.

The boring locations are marked with white paint in the middle of travel lanes. This will require one-lane closures with cones and flaggers. The temporary work zone will have clear sight distance from each end of the one-lane closure, each one lane closure is expected to last 20 to 30 minutes.

Page 9 ofo54

It is estimated a soil sample of about ¾ of a 5 gallon bucket will be collected from each bore hole, provide prepackage bentonite/gravel mix to replace sample material for backfilling. Compact the backfill in 1-foot lifts with soil removed from the drilling and supplement with bentonite gravel mix and the fill the top 8 inches with a pre-packaged fast-setting concrete mix. Provide fast-setting pre-packaged concrete mix, water and drill with mixing attachment for mixing concrete. Trowel finish to match the existing roadway.

In the 5 locations with existing pavement cap back fill with concrete mix in locations with gravel or native material cap backfill with onsite material.

An environmental drilling permit from the INYO National Forest has already been obtained by Central Federal Lands Highway Division (CFLHD).

Schedule work between June 23 through September 12 (excluding holidays) coordinate work day with Darin Lockhart (720) 963-3212 Email: darin.lockhart@dot.gov

PART IV

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 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 http://www.acquisition.gov/far

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)).

(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).

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.

__ (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.

__ (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.

__ (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.

__ (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, 10 U.S.C.2307(f)).

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).

__ (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:

[Contracting Officer check as appropriate.]

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 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 and commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

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

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

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

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

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C.

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

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

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

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.

chapter 78 and E.O 13627).

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

13627).

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

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

chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).

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

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

13706).

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

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

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

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

(e) of FAR clause 52.226-6.

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

(xxvi) 52.240-1, 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, 41U.S.C. 3901 note prec.).

(xxvii) 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)

52.223-23 Sustainable Products and Services (May 2024)(DEVIATION FEB 2025)

(a) Definitions. As used in this clause— Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2[7 CFR part 4270.2)]).

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42 U.S.C. 6903).

Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:

(1) Statutory purchasing programs.

(i)[(1)] Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C.

6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(ii)[(2)] Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).

(iii)[(3)] Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201[7 CFR part 4270]) (https://www.biopreferred.gov).

(iv)[(4)] Acceptable chemicals, products, and manufacturing processes listed under EPA’s Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap).

(2) Required EPA purchasing programs.

(i) WaterSense® labeled (water efficient) products and services (https://www.epa.gov/watersense/watersense-products).

(ii) Safer Choice-certified products (products that contain safer chemical ingredients) (https://www.epa.gov/saferchoice/products).

(iii) Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing).

(b) Requirements.

(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(2) The Contractor shall ensure that the sustainable products and services required by this contract are—

(i) Delivered to the Government;

(ii) Furnished for use by the Government;

(iii) Incorporated into the construction of a public building or public work; and (iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor’s general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of

Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.

(3)(i) Except as provided in paragraph (b)(3)(ii) of this clause, sustainable products and services must meet the applicable standards, specifications, or other program requirements at time of quote or offer submission; and

(ii) Sustainable products and services must meet the EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023.

(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which [statutory] purchasing programs apply to a specific product or service.

(End of clause)

1252.237-73 - Key Personnel (Nov 2022)

(a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed during the course of the contract by adding or deleting personnel, as appropriate.

(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change in writing. The key personnel under this contract are: TBD

(End of clause)

LOCAL CLAUSES IN FULL TEXT

CONTRACTING OFFICER’S REPRESENTATIVE AND TASK ORDER COR

[Note: This Clause should be adjusted based on the type of award]

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work delivered under this contract.

(b) The Contracting Officer has designed TBD as the Contracting Officer’s Representative (COR) for this award. The COR’s responsibilities shall include technical monitoring of the contractor’s performance on the overall contract award and…