70Z08725RJUNE28424423_Alaska_EnvRem_IDIQ.pdf

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SOLICITATION DISTRICT 17 ENVIRONMENTAL REMEDIATION SERVICES MULTIPLE AWARD CONTRACT
Solicitation number
70Z08725RJUNE28424423
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This is a Request for Proposal (RFP) for an Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract for Environmental Remediation Services across the Arctic District, issued by the U.S. Coast Guard. The solicitation is an 8(a) set-aside targeting five contractors with a total contract capacity of $45 million, primarily covering work in Alaska. The contract will involve environmental remediation, investigation, and consulting services, with task orders to be competed among the MATOC pool and awarded as firm-fixed price contracts.

The solicitation requires offerors to submit detailed proposals including key personnel resumes, prior experience with federal environmental projects in Alaska, past performance records, and pricing information. Evaluation will be based on a best-value trade-off process, with non-price factors (key personnel, prior experience, and past performance) weighted equally against price. The contract will have a base ordering period of one year with two potential three-year option periods. The first task order (Seed Project) will be awarded to the offeror providing the overall best value, with other awardees receiving a $5,000 minimum guarantee. Proposals are due by 10:00 AM AST on 11/30/2026, with an anticipated contract performance period ending 09/30/2025.

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SOLICITATION FOR

ENVIRONMENTAL REMEDIATION SERVICES ACROSS THE ARCTIC DISTRICT

INDEFINITE DELIVERY / INDEFINITE QUANTITY

MULTIPLE AWARD TASK ORDER CONTRACT

THROUGHOUT

STATE OF ALASKA

UNITED STATES COAST GUARD

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09/30/2025

11/30/202610:00AM AST

SECTION B - SCHEDULE OF ITEMS

B.1 CONTRACT DEFINITION. The contract awarded under this solicitation will be an Indefinite Delivery/Indefinite Quantity (ID/IQ), Multiple Award Task Order (MATOC) contract for Environmental Remediation Services (ERS) under NAICS Code 562910 (Exemption), in support of the U.S. Coast Guard Civil Engineering Unit (CEU) Juneau. Environmental Remediation Services to be provided under this contract are described in the Section C, and as further specifically defined in each individual task order as it is negotiated. Task orders will be issued as the need arises during the ordering period. The contract will be Firm-Fixed Price (FFP) task orders for Environmental Remediation Services as identified in Section C. The contractor is required to be registered under NAICS code 562910 in the System for Award Management (SAM) located at https://www.sam.gov.

B2. TOTAL AMOUNT OF CONTRACT. The maximum total of this contract capacity under this solicitation is estimated at $45,000,000.00. There is no limit on the number of task orders that may be executed against this MATOC.

B3. MINIMUM GUARANTEE. The minimum guarantee shall be $5,000.00. A task order will be issued under each contract under the MATOC to meet the requirements of the minimum guarantee.

The Seed Project will be awarded in place of the minimum guarantee for one (1) successful offeror.

B4. ORDERING PERIOD. The contract will include a Base ordering period of one (1) year and two (2) 3-year option ordering periods or until the $45M contract capacity is expended, whichever occurs first.

The Federal Acquisition Regulations (FAR) Clause 52.217-8, “Option to Extend Service” will be incorporated into the contract and may be exercised at the discretion of the Government. This allows the Government to extend the term of the Contract an additional six (6) months.

B5. IDIQ KEY PERSONNEL, during the Contract Period of Performance, any of the Offeror’s Government approved Key Management Personnel, as defined by the Statement of Services, are no longer available, the Offeror shall replace these individuals with personnel whom, at a minimum, have the same qualifications as the personnel being replaced. The Contractor shall submit the replacement personnel’s qualifications to the Contracting Officer for approval.

5.1 DEPARTMENT OF LABOR RATES. For individual task orders written against the contract, the appropriate Wage Determination/Decision will be provided with the Task Order Announcement.

5.2. TRAVEL. The Contractor shall perform all travel and attend all meetings necessary for completion of the work required by the task orders. Per Diem (lodging and MI&E expenses) shall be paid at the current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per Diem rate information may be obtained at http://www.defensetravel.dod.mil. Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Air travel shall (if possible) be planned in advance in order to acquire the best prices available. Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR. The maximum amount paid for an airline ticket shall be the cost of travel via coach class.

5.3 FIRM FIXED PRICING TASK ORDERS. Each Task Order is anticipated to be Firm Fixed Price.

All orders will be recorded in a Government document access system (e.g., the Federal Procurement Data System (https://www.fpds.gov/fpdsng) or the Financial Systems Modernization Solution (FSMS).

SECTION C - DESCRIPTION/STATEMENT OF SERVICES

C.1 STATEMENT OF SERVICES

The Contractor shall provide professional environmental remediation services in accordance with Statement of Services (SOS), to this Indefinite Delivery Indefinite Quantity Environmental Remediation Services Contract, as listed in Section J.

The parent IDIQ contains terms and conditions applicable to construction work and professional contract services. Wage Determinations for work performed by laborers and mechanics employed upon the site of the work where Construction Wage Rates may apply will be issued on the task order level. It is the responsibility of the Contractor to ensure adherence to all labor laws applicable to each Task Order issued under this contract.

Work will be ordered on a Task Order basis. Each individual requirement will be issued to the Contractor and will identify specific requirements and delivery schedule(s). Task orders may identify what key personnel are required for the task order. Key Personnel used for each effort shall possess the education and experience as described in the task order SOW. Positions which may be designated as key personnel at the task order level include but are not limited to: Program Manager, Environmental Scientist/Engineer/Specialist, Environmental Manager, Project Manager, Site Safety and Health Officer, Quality Control Manager, Superintendent, etc., as applicable for the site-specific requirements.

Task Orders may contain Statements of Services, Performance Work Statements, or Statements of Work, Specifications and Drawings. It is anticipated work contemplated will be performance-based to the maximum extent.

General Guidance is provided by this Statement of Services. Specific guidance is provided with each Task Order Statement of Services.

SECTION D - PACKAGING AND MARKING

D.4 PRESERVATION AND PACKAGING. Preservation, packing, and packaging shall be in accordance with good commercial practices to assure delivery at destination.

D.5 MARKING REQUIREMENTS. Each package shall be marked with the Contract number and Task Order number including name and address of the Contractor on the outside of the packing container for identification purposes.

All emails shall be marked in a logical manner with the Contract number appearing in the subject line.

Emails associated with a Task Order may use an abbreviated Task Order number in the subject line.

(e.g., 24KODI0001, 24SITK0004, 24MISC0006, etc.)

SECTION E - INSPECTION & ACCEPTANCE

E.1 A Contracting Officer's Representative (COR) to represent the Contracting Officer and inspect all work under the contract will be designated in writing as needed on an individual task order basis. In no instance is the COR authorized to sign contractual documents, order contract changes, modify contract terms, or create any liability on the part of the Government different from that set forth in the contract.

The Contracting Officer's Representative (COR) is authorized to issue Notices regarding non-compliance with contract/task order requirements. Issuing of a Notice of Non-compliance as described herein does not constitute a suspension of work as described in Clause 52.212-12, Suspension of Work.

E.2 Clauses incorporated by reference:

(Full text of this these clauses can be found at https://www.acquisition.gov/)

FOR SERVICES:

52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

FOR CONSTRUCTION:

52.246-12 INSPECTION OF CONSTRUCTION – FIXED PRICE (AUG 1996)

E.3 ACCEPTANCE All services herein described and ordered shall be provided to a degree of care ordinarily exercised by members of the profession. The Contractor’s duty of care does not end upon acceptance by the Government of work called for by this contract. It is binding throughout the entire process as appropriate to the individual Task Orders issued against the IDIQ contract.

If a dispute arises over the acceptance of services or work, the Government may acquire a third-party Environmental Firm within the area the Contractor is located to provide their professional opinion on the disputed matter. The results of the third-party review, if obtained, may be used in settling the dispute.

E.4 INSPECTION. The Government through any authorized representative, may at all reasonable times, inspect or otherwise evaluate the work being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made by the Government on the premises of the Contractor or subcontractor, the Contractor shall provide and shall require his subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work.

E.5 COMPLETION AND ACCEPTANCE OF THE WORK. The date for completion and final acceptance of the work performed under an individual Task Order shall be stated in the Task Order Statement of Services or Statement of Work.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Commencement, Prosecution and Completion of Work

The Contractor shall be required to commence work under this contract within the number of calendar days identified in each individual task order , prosecute the work diligently, and complete the entire work ready for use not later than the time stated in each individual task order. The time stated for completion shall include final cleanup of the premises.

F2. Variation in Estimated Quantity

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract.

Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

Clauses incorporated by reference:

(Full text of these clauses can be found at https://www.acquisition.gov/ )

For Construction:

52.211-13 TIME EXTENSIONS (SEP 2000)

52.242-14 SUSPENSION OF WORK (APR 1984)

For Services:

52.242-15 STOP-WORK ORDER (AUG 1989)

F.2 The following Federal Acquisition Regulation (FAR) Clauses are Incorporated in Full Text and are Applicable to the Solicitation and Resulting Contract:

Full Text for Services:

F.3 DELIVERIES OR PERFORMANCE requirements shall be stated on each individual Task Order.

The Contractor shall be required to complete each Task Order issued in accordance with the period of performance stated for each order and any modification(s) thereto.

F.4 PERFORMANCE OF WORK BY PRIME CONTRACTOR. At all times during the performance of this contract and until the work is completed and accepted, the Contractor shall retain and directly manage a Program Manager (not as a subcontractor) qualified in accordance with Key Personnel and has authority to act for the Contractor.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE:

(Full text of these clauses can be found at https://www.acquisition.gov/ )

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEPT 2019)

(a) In accordance with 10 U.S.C. 3406(g)g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. OPAP@uscg.mill and Cheryl.A.Berry@uscg.mil .

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

G.2 CONTRACT ADMINISTRATION. Cheryl A. Berry, Contracting Officer of Shore Infrastructure (CG SHORE) Contracting Office (CG-SHORE-CON) at USCG CEU Juneau, telephone (206) 815- 5287, email address Cheryl.A.Berry@uscg.mil will be the contract administrator for this contract.

All matters related to the performance of this contract shall be coordinated through the contract administrator.

G.3 ADDRESS OF CORRESPONDENCE. All correspondence shall be issued via email.

G.4 METHOD OF PAYMENT.

(a) In accordance with FAR Clause 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management Oct 2018), payments under this contract shall be made by electronic funds transfer (ETF). Upon award of a contract the contractor shall ensure updated payment information is entered into the System for Award Management (SAM) database at http://www.sam.gov.

(b) Payments will not be made more frequently than once per month per Task Order.

(c) The Government shall make payments in accordance with FAR 52.232-1 Payments fixed-price service contract (APR 1984).

G.5 INVOICES.

Invoicing via IPP. The contractor awarded the resulting task order under this proposed IDIQ is required to submit proper invoices associated with the task order award through the Invoice Processing Platform (IPP) at https://www.ipp.gov/.

IPP Customer Support is available to assist users and can answer questions related to accessing

IPP.

• Toll-free number: 866-973-3131

• Email address: IPPCustomerSupport@fiscal.treasury.gov

• Hours of operation: Monday through Friday (excluding bank holidays) 8am-6pm ET

Electronic Submission of Payment Requests

(a) Definitions. As used in these instructions -

(1) "Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) Except as provided in paragraph (c) of this clause, the contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the contractor shall include a copy of the contracting officer's written authorization with each payment request.

(e) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/.

Payment inquiries and status may be obtained at the following:

• FINCEN Customer Service by phone: 757-523-6940

• FINCEN Customer Service by email: FIN-SMB-Customerservice@uscg.mil

• USCG FINCEN or Https://www.uscg.mil/fincen/

• For additional contact information, please see the FINCEN Customer Service web page.

G.6 PERFORMANCE EVALUATIONS. Upon completion of each task order exceeding the threshold defined in the FAR, a Performance Evaluation will be completed by the Government. This evaluation will be forwarded to the Contractor who will be given an opportunity to comment on the evaluation.

Upon receipt of comments the evaluation will be finalized, taking any comments from the Contractor into consideration and input into the Contractor Performance Assessment Reporting System (CPARS) database.

G.7 CONTRACTING OFFICER’S AUTHORITY. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.8 CONTRACTING OFFICER’S REPRESENTATIVE (COR).

Each Task Order will designate a Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the contract.

The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the Contract price, terms, or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. The COR may designate assistant CORs to act for the COR by naming such assistant(s) in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 On- and Off-Ramping for the AK Environmental IDIQ.

The Government may exercise the use of on/off ramping measures to ensure an adequate number of awardees are available at all times to achieve effective competition on all task orders.

The Government intends to establish up to approximately five (5) active Contractor awardees, for competing on and then delivering quality construction projects throughout the IDIQ ordering period. If all options to extend the ordering period are exercised, the ordering period for this contract may not exceed seven (7) years.

H.1.2 On-Ramping.

The Government reserves the right to on-ramp additional qualified contractors at any time during the term of the contract. The on-ramped Contractor’s contract will share the same remaining ordering period options as those options exercised by all other respective IDIQ Contract holders. The converted Contractor’s contract must expire on the same date as all other Active Contractors. The on-ramp Contractor is subject to a responsibility determination IAW FAR Part 9.104, a past performance validation, and must remain in compliance with the original IDIQ solicitation requirements before the Government can determine to issue the Notice of Intent to on-ramp a Contractor.

H.1.3 Off-Ramping.

The Government reserves the right to off-ramp Active Contractors when it is determined to be in the best interest of the Government. Before exercising any option to extend the current ordering period, the Government will review each awardees’ participation rate, reason(s) for non-participation, and performance evaluations for task orders completed or in progress. There is no guarantee the Government will exercise any option to extend the IDIQ ordering period for any Contractor. The Government may off-ramp a Contractor by permitting a Contractor’s contract to expire instead of exercising an option, change the ordering period end date to an earlier date, implement a termination for convenience, implement a termination for default, or take any other action permitted by the contract terms and conditions. The Government’s sole and complete liability to an off-ramped Contractor is the $5,000.00 minimum guarantee.

H.2 TERMINATION OF NEGOTIATIONS. The contracting officer may at any time, prior to award of the task order, determine that it is not in the best interest of the Government to award the task order.

H.3 ORDERING OFFICIALS. It is anticipated the CEU Juneau will place the majority of Task Orders off this IDIQ. However, all contracting officers with the appropriate warrant of the United States Coast Guard have authority to place Task Orders under this contract. Other Contracting Offices will coordinate with the Contracting Officer of this IDIQ to place orders.

H.4 INTERPRETATION OR MODIFICATION. No oral statement of any person, and no written statement of anyone other than the Contracting Officer, or their authorized representative designated in accordance with Paragraph "Government Representatives," acting within the limits of his authority specified in such designation, shall modify, or otherwise affect any provision of the contract.

H.5 MEETINGS. The Contractor may be responsible for providing the Contracting Officer with minutes of any meetings or discussions conducted without the presence of the Contracting Officer.

The minutes shall be submitted to the Contracting Officer within five workdays of the meeting if requested.

H.6 TIME EXTENSION. Should a time extension be required to extend the completion date of any Task Order, the Contractor shall submit in writing (an email is acceptable), as soon as practicable, an explanation for the additional time and, if applicable, offer consideration.

H.7 ORDERING – See Section I FAR Clause 52.216-18.

H.7.1 The Government reserves the right to tailor task order ordering procedures to include, but not limited to, technical information, key personnel requirements, past performance and price. In cases where a Task Order includes information that is more specific than information contained in the basic contract, the more specific information in the Task Order shall apply to the individual task order.

H.7.2 The Government reserves the right to set aside orders in accordance with FAR 19.804-6(b).

H.8 REQUIREMENT FOR INSURANCE. In accordance with the provisions of FAR clause 52.228-5 Insurance-Work on Government Installation (JAN 1997) (See Section I) and HSAR Clause 3052.228- 70 Insurance (DEC 2003), the Contractor shall furnish to the Contracting Officer a certificate of insurance (COI), identified by contract number. If insurance provider is willing to add comment to COI, “This policy provides coverage for the specific IDIQ PIID [assigned upon award], and all resulting task orders issued under this award.”; individual COI per each task order will not be required.

All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included. A certificate of insurance must be presented to the Contracting Officer within ten (10) calendar days after award of the contract.

For Construction Activities:

H.9 STATEMENT AND ACKNOWLEDGMENT FORM (SF 1413). Special attention is called to the requirement for insertion of and compliance with various labor clauses called out in FAR Clause 52.222-11 (MAY 2014) in any subcontracts regardless of tier. Within 14 days after contract award of the prime contract, an executed SF-1413 is required for each subcontract. This also applies to any subsequently awarded subcontract.

This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract. A copy of Form SF 1413 will be given to the Contractor after award of a contract. Completing this form creates no contractual relationship between the subcontractor and the Government.

Form SF 1413 will be completed at the task order level.

H.10 INFORMATION CONCERNING SAFETY AND ENVIRONMENTAL. All work shall be performed in accordance with all applicable federal, state, and local safety and environmental laws and regulations.

H.11 TASK ORDERS REQUIRING BONDS:

PERFORMANCE AND PAYMENT BOND REQUIREMENTS FOR TASK ORDERS. Securities to guarantee faithful performance of the contract and to guarantee payment to all persons supplying labor or materials in the performance of the contract shall be required for each task order in the amount specified in FAR Clause 52.228-13, Alternative Payment Protections, or FAR clause 52.228- 15 Performance and Payment Bonds-Construction (JUN 2020)(DEVIATION MAY 2023).

PERFORMANCE BOND (Standard Form 25) will be required as follows: 100% of total amount of contract.

PAYMENT BOND (Standard Form 25a) will be required as follows: 100% of total amount of contract.

Performance and payment bonds placed with a surety or sureties acceptable to the Government and in the amounts indicated shall be submitted within ten (10) calendar days after receipt of award and shall be maintained for the entire contract.

H.12 JOB SUPERINTENDENT. Special attention is called to the requirement for superintendence by the Contractor, FAR Clause 52.236-6. The contractor shall always provide a job superintendent on the site during task order performance as applicable.

H.13 MODIFICATION PROPOSALS - PRICE BREAKDOWN. The contractor, in connection with any proposal made for a task order modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer. Once a contract modification has been authorized, the contractor shall submit an updated progress schedule that includes all changes implemented by the modification.

Contractor-initiated requests for changes to the contract (other than corrective) shall be considered by the Government only if they meet all the following conditions:

(1) The request shall be submitted to the Contracting Specialist by separate correspondence signed by an authorized representative of the Contractor.

(2) The request shall state the measurable benefits available to the Government if the proposed change is approved.

(3) The request shall state whether a time extension will be necessary, and the calendar date that the Contractor must receive approval or disapproval so as not to affect the work.

(4) The request shall include a complete listing of current costs of labor, materials and equipment costs and proposed change. It shall include a listing, with telephone number, of all sources necessary for Government verification of costs and the Contractor's offer.

The Government will reject any request that does not provide all the above information in a single submission. The Contractor shall submit supporting data for claimed overhead rates to the Contract Specialist.

HSAR CLAUSE FULL TEXT:

3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES—APPLICABLE

LICENSES AND PERMITS (JUN 2006)

The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within _[“insert days as applicable on the Task Order level”]_ days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

Section I - CONTRACT CLAUSES

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. In addition, the full text of a clause may be accessed electronically at this/these addresses: FAR – www.acquisition.gov/far ; DHS HSAR – www.acquisition.gov/hsar ; and DHS HSAM - www.dhs.gov/homeland-security-acquisition-manual.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to The Government JUN 2020

(Alt I) 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for MAY 2014

Illegal or Improper Activity 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal JUN 2020

Transactions 52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-14 Display of Hotline Poster(s) NOV 2021 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.204-2 Security Requirements MAR 2021

Alternate II APR 1984 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier JUN 2020

Subcontract Awards 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and DEC 2014

Certifications.

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When JAN 2025

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding OCT 2018

Responsibility Matters

52.209-10 Prohibition on Contracting with Inverted Domestic NOV 2015

52.211-15 Corporations Defense Priority and Allocation Requirements APR 2008

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence-Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or AUG 2011

52.215-15 Pricing Data Pension Adjustments and Asset Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data NOV 2021

52.216-25 Other than Certified Cost or Pricing Data-Modifications Contract Definitization (Alt I, APR 1984)) OCT 2010

52.217-2 Cancellation under Multi-Year Contracts OCT 1997 52.217-8 Option to Extend Services NOV 1999 52.219-8 Utilization of Small Business Concerns JAN 2025 52.219-28 Post Award Small Business Program Representation JAN 2025

52.222-1 Notice to the Government of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards-Overtime

Compensation MAY 2018 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Affirmative Action for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons (Alt I) NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-2

52.223-3

Reporting of Biobased Products Under Service and Construction Contracts Hazardous Material Identification and Material Safety Data

MAY 2024

FEB 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-23 Sustainable Products and Services MAY 2024 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging

While Driving MAY 2024

52.227-1 Authorization & Consent JUN 2020 52.227-17 Rights in Data –Special Works DEC 2007 52.228-5 Insurance – Work on A Government Installation JAN 1997 52.229-3 Federal, State, and Local Taxes FEB 2013 52.229-4 Federal, State, And Local Taxes (State and Local FEB 2013

Adjustments) 52.230-2 Cost Accounting Standards JUN 2020 52.230-3 Disclosures and Consistency of Cost Accounting

Practices JUN 2020 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-11 Extras APR 1984 52.232-16 Progress Payments-Alternate I (MAR 2000) NOV 2021 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer – System for OCT 2018

Award Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business MAR 2023

Subcontractors 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award (Alt I (June 1985) AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection of Government Buildings, Equipment, APR 1984 and Vegetation 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes-Fixed-Price Alt I (APR 1984) AUG 1987 52.243-4 Changes JUN 2007 52.243-6 Change Order Accounting APR 1984 52.243-7 Notification of Changes JAN 2017 52.244-2 Subcontracts JUN 2020 52.244-5 Competition in Subcontracting AUG 2024 52.245-1 Government Property SEP 2021 52.245-9 Use and Charges APR 2012 52.246-25 Limitation of Liability -- Services FEB 1997 52.249-8 Default (Fixed-Price Supply and Service) APR 1984 52.249-2 Termination for Convenience of The Government APR 2012

(Fixed Price) 52.247-64 Preference for Privately Owned U.S. Flag Commercial NOV 2021

Vessels 52.253-1 Computer Generated Forms JAN 1991

For Construction:

52.222-4 Contract Work Hours and Safety Standards Act- MAY 2018 Overtime Compensation 52.222-5 Construction Wage Rate Requirements-Secondary

Site of the Work MAY 2014 52.222-6 Construction Wage Rate Requirements AUG 2016 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate MAY 2014

Requirements and Related Regulations 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 201 52.225-9 Buy American Act-Construction Materials OCT 2022 52.225-11 Buy American-Construction Materials Under Trade NOV 2023

Agreements 52.227-4 Patent Indemnity – Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.228-13 Alternative Payment Protections JUL 2000 52.228-14 Irrevocable Letter of Credit NOV 2014 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by The Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation Structure, Equipment, APR 1984

Utilities, and Improvements 52.236-10 Operations and Storage Area APR 1984 52.236-11 Use and Possession Prior To Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention, (Alt I) NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995 52.246-21 Warranty of Construction MAR 1994 52.249-10 Default (Fixed-Price Construction) APR 1984 52.248-3 Value Engineering – Construction MAR 1994

DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES

(48 CFR CHAPTER 30) INCORPORATED BY REFERENCE

3052.203-70 Instructions for Contractor Disclosure of Violations SEP 2012 3052.205-70 Advertisements, Publicizing Awards SEP 2012 and Releases 3052.222-70 Strikes or Picketing Affecting Timely Completion DEC 2003

Of The Contract Work 3052.222-71 Strikes or Picketing Affecting Access to A DHS Facility DEC 2003 3052.222-90 Local Hire (USCG) JUN 2006 3052.223-90 Accident and Fire Reporting (USCG) DEC 2003 3052.228-70 Insurance DEC 2003 3052.242-72 Contracting Officer’s Technical Representative DEC 2003 3052.249-90 Contract Termination MAR 2023

For Construction:

3052.228-90 Notification of Miller Act Payment Bond Protection

DEC 2003

(USCG)

3052.236-70 Special Precautions for Work at Operating Airports DEC 2003

CLAUSES AND PROVISIONS INCORPORATED BY FULL TEXT

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (APRIL 2024) (DHS-USCG

DEVIATION 14-01, REVISION 1)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 10 U.S.C. 4701 and Homeland Security Acquisition Regulation (HSAR) 3.900 (DEVIATION) through 3.905 (DEVIATION).

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 4701, as described in HSAR 3.900 (DEVIATION) through 3.905 (DEVIATION).

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

(End of clause)

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Senior Field Contracting Officer, Civil Engineering Unit Juneau and shall not be binding until so approved.

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEVIATION 20-05)

(JUL 2024)

(a) Definitions. As used in this clause

Kaspersky Lab covered article means any hardware, software, or service that–

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky

Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security

Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05)(DEC 2020)

(a) Definitions. As used in this clause-

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means-

(1) Telecommunications equipment produced by Huawei Technologies Company or

ZTE

Corporation ( or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company ( or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817).

"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered ( e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(l)(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(l)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

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