75H70326Q00003 CO Signed.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

123IHSCALIFORNIA CODE 16. ADMINISTERED BYCODE

X

561730

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR123

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

02/13/2026 1700 PT

01/29/2026

JOSE TAPIA RAMIREZ

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70326Q00003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 43OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Sacramento CA 95814

650 Capitol Mall, Suite 7-100

John E Moss Federal Bldg

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

California Office of the Director WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

Sacramento CA 95814

650 Capitol Mall, Suite 7-100

IHSCALIFORNIA

Sacramento CA 95814

650 Capitol Mall, Suite 7-100

John E Moss Federal Bldg

California Office of the Director

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a Request for Quotation (RFQ) for commercial services issued in accordance with FAR Parts 12 and 13. This acquisition is a Total Small Business Set-Aside. Award will be made on a Lowest Price Technically Acceptable (LPTA) basis.

A mandatory site visit for the prime contractor is required as specified in this solicitation.

Failure to comply with solicitation requirements may result in a quotation being determined non-responsive.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

RONDA J. ENGLISH

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

X

X 100

1.29.2026

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The period of performance consists of one (1) base year with four (4) option periods.

1 Base Year Flood Mitigation and Landscape 1 EA

Maintenance Service. Contractor shall provide all labor, materials, equipment, and supervision necessary to perform services in accordance with the Performance Work Statement (PWS) and Quality

Assurance Surveillance Plan (QASP).

Delivery: 02/28/2027

Period of Performance: 03/01/2026 to 07/28/2027

1001 Option Year 1 Flood Mitigation and Landscape 1 EA

Maintenance Services. Contractor shall provide all labor, materials, equipment, and supervision necessary to perform services in accordance with the Performance Work Statement (PWS) and Quality

Assurance Surveillance Plan (QASP).

(Option Line Item)

Delivery: 02/28/2028

Period of Performance: 03/01/2027 to 02/28/2028

2001 Option Year 2 Flood Mitigation and Landscape 1 EA

Maintenance Services. Contractor shall provide all labor, materials, equipment, and supervision necessary to perform services in accordance with the Performance Work Statement (PWS) and Quality

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

422 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70326Q00003

Assurance Surveillance Plan (QASP).

(Option Line Item)

Delivery: 03/01/2029

Period of Performance: 03/01/2028 to 03/01/2029

3001 Option Year 3 Flood Mitigation and Landscape 1 EA

Maintenance Services. Contractor shall provide all labor, materials, equipment, and supervision necessary to perform services in accordance with the Performance Work Statement (PWS) and Quality

Assurance Surveillance Plan (QASP).

(Option Line Item)

Delivery: 02/28/2030

Period of Performance: 03/01/2029 to 02/28/2030

4001 Option Year 4 Flood Mitigation and Landscape 1 EA

Maintenance Services. Contractor shall provide all labor, materials, equipment, and supervision necessary to perform services in accordance with the Performance Work Statement (PWS) and Quality

Assurance Surveillance Plan (QASP).

(Option Line Item)

03/01/2030

Delivery: 02/28/2031

Period of Performance: 03/01/2030 to 02/28/2031

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Pricing Schedule

Flood Mitigation & Landscape Services Sacred Oaks Healing Center

CLIN Units Unit Price # of Units Totals 0001 (base year) Ea. week $ 52 $ 0002 (option 1) Ea. week $ 52 $ 0003 (option 2) Ea. week $ 52 $ 0004 (option 3) Ea. week $ 52 $ 0005 (option 4) Ea. week $ 52 $ Total Potential

Contract Value:

Performance Work Statement: Sacred Oaks Flood Mitigation & Landscape Maintenance Service Contract Page 1

INDIAN HEALTH SERVICE

PERFORMANCE WORK STATEMENT (PWS) Posting today!

Flood Mitigation and Landscape Maintenance Service Contract

FOR THE

Sacred Oaks Healing Center 33100 County Road, 31

Davis, CA 95616

INDIAN HEALTH SERVICE

CALIFORNIA AREA OFFICE

U.S. Department of Health and Human Services Indian Health Service

650 Capitol Mall, Suite 7-100 Sacramento, CA 95814

Performance Work Statement: Sacred Oaks Flood Mitigation & Landscape Maintenance Service Contract Page 2

A. BACKGROUND AND PROJECT DESCRIPTION: The Sacred Oaks Healing Center (SOHC) is a 35,000 square foot facility located on approximately 12 acres in Davis, CA, built in 2020. The SOHC is a residential behavioral health treatment facility for Native American/Alaskan Native youths (ages 12-17) with substance abuse disorders.

The purpose of this commercial maintenance service contract is to ensure that flood mitigation infrastructures are operational at all times, along with landscaping and grounds-keeping maintenance tasks are completed for a healing and therapeutic outdoor environment to serve staff, patients and visitors. Flood mitigation infrastructure includes but not limited to: perimeter berm, drainage swales all around this campus, culverts, storm drains/manholes, underground stormwater chambers and lift station pumps.

B. SERVICES TO BE PERFORMED BY THE CONTRACTOR: The Contractor shall provide all material, labor, and equipment to maintain flood mitigation system, landscaping and ground-keeping tasks as listed below and all associated appurtenances. All measurements shall be in English units.

It is mandatory for the prime contractor to complete a site visit prior to submitting a proposal in order to field verify existing conditions. This site visit must be closely coordinated with the Facility Manager (see contact information below).

The prime contractor shall perform at least fifty-one percent (51%) of the total contract value with its own employees. Subcontracting is permitted; however, the prime contractor remains fully responsible for contract performance and compliance with all contract requirements.

C. SCOPE OF WORK: Landscape Maintenance Service

1. The Contractor shall:

a. Contractor shall develop and implement a preventative maintenance plan to ensure flood mitigation system is operational at all times. This includes but not limited to: entire stormwater system, perimeter berm, drainage swales all around this campus, culverts, storm drains/manholes, underground stormwater chambers and lift station pumps.

i. In April and October each year, clean storm drains by vacuuming out any sediment, re-grading around storm drains and placing rip-rap or other methods to reduce erosion; If sediment depth exceeds 20-inches then remove immediately

ii. Grade berms and drainage swales to optimize stormwater flow; place engineered fill, rip-rap, fix culverts and other stormwater system appurtenances as needed

b. Contractor shall develop and implement a Landscaping Maintenance Plan to ensure the most effective maintenance of the site is implemented. The plan must address routine maintenance as well as actions to remediate any foreseen seasonal issues (pruning, reseeding grass…etc.). the I.H.S./CAO expects the Landscaping Maintenance contractor to serve as the local expert regarding which services are required and how to prevent their presence of invasive plants and/or actions to remove them. Landscaping Maintenance services are generally accomplished through a proactive service performed as regular inspections for invasive species and reactive service performed

Performance Work Statement: Sacred Oaks Flood Mitigation & Landscape Maintenance Service Contract Page 3 as a result to service requests. Work with staff to plan and develop implementation procedures.

c. The Contractor shall submit to the Contracting Officer and Contracting Officer’s Representative all items listed below unless otherwise specified these items shall be submitted along with the Monthly and Seasonal Landscaping Management Plan:

i. Certificates of Insurance

ii. Safety Plan

iii. Safety Hazard Analysis

iv. Name and local telephone numbers of the site supervisor and alternate

v. Exposure Report. Man-hours worked) (submit within 15 business days after the first of each month.

vi. SDS for compounds to be used at this site

vii. Note. An observed violation of safety requirements shall be grounds for the Government to stop work. Such work shall not continue until the violation is corrected.

d. Monthly and Seasonal Landscaping Management Plan. Create and implement a monthly and seasonal landscaping management plan to ensure the best appearance of the current landscaped areas within the property boundaries of the SOHC. The Monthly and Seasonal Landscaping Management Plan shall identify and assess current and potential invasive plant (weed) problems. Unless otherwise informed the plan shall be submitted within 10 business days after award.

i. The plan shall emphasize the use of natural controls and chemical tactics that are not harmful to the building occupants or the environment.

ii. Establish an action threshold for each invasive plant species that is found and those that are expected. The plan shall include a maintenance schedule identifying corrective controls.

iii. Initial Inspection: The Contractor shall make a thorough initial inspection of the premises to evaluate and inventory its landscape management needs during the 10 calendar days after contract award.

The Contractor shall brief the Contracting Officer’s Representative (COR) on all findings. The Contractor shall also continue to respond to routine service requests while performing this inspection. The IHS/CAO will be responsible for any work related to the building components such as structural members affected including the removal of damaged material, and any associated repairs.

iv. Ongoing Monitoring and Inspection: A critical aspect of the landscape management plan shall be implementation of a continuous monitoring and inspection program to identify invasive species zones and allow an objective assessment of their levels. The Contractor shall report findings and make detailed, site-specific recommendations in writing for corrective action to the COR. Recommendations to the IHS/CAO that can aid in the overall invasive species effort may involve improvements of site landscaping.

v. Coordination Requirements: The Contractor shall provide service in accordance with an approved detailed landscape management plan

Performance Work Statement: Sacred Oaks Flood Mitigation & Landscape Maintenance Service Contract Page 4 and inspection and service schedule developed for the Sacred Oaks Healing Center. The Contractor shall perform services that do not adversely affect tenant health or productivity during the hours of operation in the various buildings. The Contractor shall coordinate access to the site, including private areas such as the patient living quarters, and the scheduling of service with the Facilities Manager. If a particular treatment requires an exterior area to be vacated, the Contractor shall notify the Facilities Manager at least five (5) business days in advance of the treatment, provide and post all necessary signage, ensure the security of the areas being treated, and remove signage when the area is safe.

e. Contractor shall include all needed labor, parts, materials, equipment, travel and per diem

i. Complete bi-weekly landscaping and ground-keeping maintenance tasks

ii. Bi-weekly landscaping and ground-keeping maintenance tasks shall include but not limited to: cutting of grass in all outdoor areas of property (included in this area is the main road into the facility, the facility sign, as well as all areas shown during site visit) and 10’ outside of perimeter fencing, removal (chemically treated and roots removed) of all weeds and invasive species in areas with existing plants/ shrubs where weeds are not authorized and along all pavement/ sidewalks, pruning of trees and shrubs to manageable levels, adding fertilizer (if applicable), checking that water irrigation controls are working properly and adjusting such controls as necessary for the season, manual watering of plants as needed, blowing of grounds for cleanliness, clearing rock beds and barked areas of all weeds and unauthorized plants (while conserving authorized plants), clean-up of any dropped plant or tree material (seedlings, leaves, droppings, etc). All vegetation along fence line (starting from 10’ on the outside of the fence line and running up to planter areas) will need to be maintained and kept low to mitigate any wildfire risk. Turf field will need to be maintained in accordance with best practices for Turf care to extend service life. Bi-weekly blowing of turf, when needed.

iii. With the exception of grass clippings (which can stay in field area where they were trimmed, the Contractor shall dispose of all yard trimmings (to include, but not limited to: invasive plants/weeds, tree branches, etc.) off site, so as to not overflow the site’s waste bins.

f. In early April and October of each year, contractor shall power-wash all sidewalks and remove any stains/debris.

g. In early April, contractor shall provide a re-fresh of mulch to all areas that require bark.

h. In the event of an irrigation leak, contractor shall provide Facility Manager with a quote for repairs. In the event that turf or turf materials are in need of repair, contractor shall provide Facility Manager a quote for repairs.

i. Contractor shall have well-trained and qualified technicians in performing landscaping and ground-keeping maintenance work.

Performance Work Statement: Sacred Oaks Flood Mitigation & Landscape Maintenance Service Contract Page 5

i. Conduct. The Contractor shall conform and require Contractor employees to conform to similar standards of conduct as Government personnel. Personal conditions such as being under the influence of intoxicating beverages, drugs, etc., which may interfere with the performance of the contract services or affect the safety of the employee or others shall not be permitted. Misconduct of the kind set forth in this paragraph shall cause the Contractor to take disciplinary action against Contractor employees, which may result in the immediate removal of employee from Government property and removal from continued work under the contract. When it is necessary to remove Contractor personnel the Contractor shall immediately provide a qualified replacement to carry out the services performed.

ii. Smoking: Sacred Oaks Healing Center is a 100% smoke-free, drug-free, and alcohol-free campus and failure to adhere will result in removal from property.

iii. Identification All personnel shall be required to carry a current driver’s license and/or photo company identification card. Driver’s license and/or company identification card. The Contractor shall wear shirts or hats with their company identification embroidered on them to identify to the public that they are Contractors working for the government.

iv. Vehicles & Equipment. Vehicles and equipment used by the Contractor shall have signs, magnetic or permanently affixed indicating the name of the company.

j. Contractor shall schedule the exact dates and times for all work by mutual agreement with point of contact below. Notify Facilities Manager of intent to perform inspections and schedule five (5) business days in advance

k. Contractor shall make every effort to ensure existing structural and building features are not damaged and make needed repairs to return building features to previous conditions or better.

l. Contractor shall make every effort to keep work area clean before, during and after work.

m. Contractor shall make every effort to minimize disruptions to facilities patient care services before, during and after work.

n. Contractor shall provide technical support on all installed parts, materials, and equipment

o. Contractor shall provide evidence that a minimum of 51% of this work will be performed by prime contractor.

p. Contractor shall have and maintain active license and bonding in the State of California. Contractor shall provide evidence of past performance from the last 3 years performing similar scale and scope type of work in the State of California.

q. In cases of emergencies, contractor shall respond and be onsite within 2 hours which equates to being within about 50 miles radius of this facility.

r. Unscheduled Service Calls and Repairs: contractor shall provide a quote for corrective actions needed to bring flood mitigation system, landscaped areas, water irrigation system and associated components back into standard operations. If quote is approved by government Contracting Officer (CO), then contractor shall complete all needed work to bring landscaped

Performance Work Statement: Sacred Oaks Flood Mitigation & Landscape Maintenance Service Contract Page 6 areas, water irrigation system and its components back to operations and minimize impact to patient care services. A modification to the contract will be required prior to the work to start, however, in an emergency a verbal approval from the CO will authorize work to be completed prior to the modification.

Submittals:

Pricing Schedule:

Item Units Quantity Unit Price Flood Mitigation Maintenance Service (twice per year) EA 2 Bi-weekly Landscape Maintenance Service EA 26 Power Wash (twice per year) EA 2

A detailed cost proposal with quantities to complete above scope of work. This detailed cost proposal shall include but not limited to: number of laborers, hourly rate per laborer type, materials with quantities, equipment with quantities, and overhead and profit percentages.

Deliverables:

1. Flood Mitigation and Landscape Maintenance schedule for each calendar year by Jan. 3

2. Flood Mitigation and Landscape Management Plan by Jan. 3

3. Unscheduled Service Calls and Repairs: contractor shall provide a quote for corrective actions needed to bring flood mitigation system, landscaped areas, water irrigation system and associated components back into standard operations. If quote is approved by government Contracting Officer (CO), then contractor shall complete all needed work to bring landscaped areas, water irrigation system and its components back to operations and minimize impact to patient care services. A modification to the contract will be required prior to the work to start, however, in an emergency a verbal approval from the CO will authorize work to be completed prior to the modification.

Quality Assurance Surveillance Plan (QASP)

Monitoring Method: 100% inspection of milestones / deliverables associated with objective

• Deliverable Requirements o Performance Standard. Administrative Requirements such as the Safety Plan, SDS, Exposure Reports are provided to the COR and CO as required.

o Minimum Acceptable Level (MAL) and Desire Level (DL). 100% submission of all requirements.

o Method and Frequency of Inspection. Review and approval, as allowable, by the

COR.

Performance Work Statement: Sacred Oaks Flood Mitigation & Landscape Maintenance Service Contract Page 7 o Incentive and Remedy. Incentive is the initialization of contracted services.

Remedy is the contractor shall develop a performance plan with continuous review and inspection by the COR until performance is satisfactory.

• Flood Mitigation and Landscape Maintenance o Performance Standard. Flood Mitigation & Landscape Maintenance o Minimum Acceptable Level (MAL) and Desire Level (DL). 100% submission of all requirements.

o Method and Frequency of Inspection. Review and approval, as allowable, by the

COR.

o Incentive and Remedy. Incentive is the initialization of contracted services.

Remedy is the contractor shall develop a performance plan with continuous review and inspection by the COR until performance is satisfactory.

Performance Work Statement: Sacred Oaks Flood Mitigation & Landscape Maintenance Service Contract Page 8

All work shall be approved by below Facility Manager or designee:

Kenneth “Kenny” Sherburne Facilities Manager at Sacred Oaks in Davis, CA Sacred Oaks Healing Center 33100 County Road 31 Davis, CA 95616 Phone: 530-702-6000 Cell: 530-908-5288 Email: Kenneth.Sherburne@ihs.gov

Contracting Officer’s Representative (COR) Ali S. Ali, PE Director of Health Facilities Engineering Sacramento, California Area Office Cell: 707-561-2826 Email: Ali.Ali@ihs.gov

Jose Tapia-Ramirez Contracting Specialist at Sacramento, CA Phone: 916-930-3981 ext. 364 Email: Jose.Tapiaramirez@ihs.gov

Period of Performance:

The period of performance shall be for one (1) calendar year from the date of the contract award. Four (4) additional “option” years shall be priced out for each year as applicable. Any exercise of these options shall be at the discretion of the Government.

Attachments:

Sacred Oaks Stormwater and Landscape as-built drawings ADS/Barracuda Stormwater System Manual (O&M) Photos of existing flood mitigation and landscaping conditions as of Oct. 16, 2025 mailto:Kenneth.Sherburne@ihs.gov mailto:Ali.Ali@ihs.gov mailto:Jose.Tapiaramirez@ihs.gov

Performance Work Statement: Sacred Oaks Flood Mitigation & Landscape Maintenance Service Contract Page 9

Site Location Map

Contract Provisions & Clauses – FAR Part 12 – Commercial Services & Supplies

Incorporated by Reference

FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec. 2014) FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (Sep. 2023) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

FAR 52.204-7 System for Award Management. (Oct. 2018)

Incorporated by Full Text

52.204-9 -- Personal Identity Verification of Contractor Personnel (Jan 2011).

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph

(b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

52.204-13 System for Award Management Maintenance. (Oct. 2018)

(a) Definitions. As used in this clause—

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes–

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)

(1)

(i) If a Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

(End of clause)

FAR 52.212-4 - Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

FAR 52.212-5 - Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Dec 2023)

(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 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:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

__ (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).

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