AG-3604-S-17-0002_GT_Snow_Ice_Package.pdf
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SOL NO: AG-3604-S-17-0002
UNIT: Grey Towers, PA PROJ NAME: Snow & Ice Removal Services
Contents
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B. 1 Description of Requirement
B. 2 Schedule of Items/Quoted Price
SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT
C.1 SCOPE OF WORK
C.2 GENERAL CONDITIONS
C.3 REMOVAL ZONES
C.4 SNOW REMOVAL
C.5. ICE REMOVAL
SECTION D--PACKAGING AND MARKING
SECTION E--INSPECTION AND ACCEPTANCE
E.1 FAR 52.246-1 Contractor Inspection Requirements (APR 1984)
E.2 FAR 52.246-4 Inspection of Services - Fixed-Price (AUG 1996)
E.3 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)
SECTION F--DELIVERIES OR PERFORMANCE
F. 1 AGAR 452.211-74 Period of Performance (FEB 1988)
SECTION G--CONTRACT ADMINISTRATION DATA
G. 1 AGAR 452.215-73 Post Award Conference (NOV 1996)
G. 2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE
G. 3 PROJECT MANAGER
G.4 GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT
G.5 INVOICE REQUIREMENTS
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1. SUSTAINABLE ACQUISITION MATERIALS
H.2 FAR REPORTING CATEGORIES & USDA DESIGNATED BIOBASED PRODUCTS
H.3 PROVISIONS INCORPORATED BY REFERENCE
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
CLAUSES INCORPORATED BY FULL TEXT
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
ATTACHMENT A, SCA WAGE DETERMINATION NO. 05-2453 REV (17) 8
Attachment B, SAM Information 1
Attachment C, Experience Questionnaire 2
Attachment D, Grey Towers Snow & Ice Removal Map 1
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS OR RESPONDENTS
AGAR 452.219-70 Size Standard and NAICS Code Information (JAN 2005)
FAR 52.204-8 -- Annual Representations and Certifications (Apr 2016)
FAR 52.209-5 -- Certification Regarding Responsibility Matters (Oct 2015)
FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Jul 2016)
FAR 52.219-1 Small Business Program Representations (OCT 2012)
FAR 52.219-28 POST AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (JUL
2013)
FAR 52.223-1 -- Biobased Product Certification (MAY 2012)
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS
FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
FAR 52.216-1 Type of Contract (APR 1984)
SECTION M--EVALUATION FACTORS FOR AWARD
M.1 Basis for Award
M.2 FAR 52.212-2 Evaluation -- Commercial Items (OCT 2014)
ATTACHMENT A – SCA Wage Determination
ATTACHMENT B – SAM Information
ATTACHMENT C EXPERIENCE QUESTIONNAIRE
ATTACHMENT C - EXPERIENCE QUESTIONNAIRE (PAGE 2)
ATTACHMENT D – GREY TOWERS SNOW & ICE REMOVAL MAP
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B. 1 Description of Requirement
Location: USDA Forest Service, Grey Towers National Historic Site, 151 Grey Towers Drive Milford, PA 18337
The contractor shall furnish all labor, equipment and supplies necessary to provide snow removal/ice control at the Grey Towers National Historic Site. The Period of Performance will be from approximately November 1, 2016 to March 31, 2017.
A. Invoicing shall be input in arrears, and itemized monthly.
B. One contract will be awarded to the lowest responsive and responsible offeror, based on total quoted price.
C. All prospective offerors are encouraged to inspect the site prior to submitting an offer to assess the condition of the site and the scope of work proposed. Failure to do so does not relieve the offeror from accurately determining the scope of work required. A Site Visit is scheduled for Monday October 17, 2016 at 11:00 AM. You must confirm your attendance by contacting Elizabeth Hawke at 570-296-6201 EXT 162 or ehawke@fs.fed.us
D. A post award pre-work meeting will be scheduled with the successful offeror/contractor to familiarize work crews with the Grey Towers site. This meeting must take place within ten days of contract award.
E. This requirement is a total small business set aside. The NAICS Code for this acquisition is 561790, with a small business size standard of $7.0 Million.
F. Contractors are required to be registered in the System for Award Management (SAM) per
FAR 52.204-7, System for Award Management – See Attachment C.
mailto:ehawke@fs.fed.us
B. 2 Schedule of Items/Quoted Price
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
Approximately 11/01/201 through 03/31/2017
001 Snow & Ice Removal Services 1” and Under
RATE PER STORM/EVENT*
002 Snow & Ice Removal Services Over 1”
RATE PER STORM/EVENT*
*Pricing shall be for 24 hour coverage in accordance with the Scope of Work. Pricing is not
PROJ NAME: Snow & Ice Removal Services
SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT
C.1 SCOPE OF WORK
1.1. Scope: The Contractor shall furnish all labor, transportation, materials, equipment tools, safety equipment, supervision and management necessary to perform snow and ice removal operations at Grey Towers National Historic Site in Milford, PA.
1.2. Intent: It is the intent of the government to have Grey Towers open for business from 7am Monday – Friday. Also, to keep the site open throughout the business day & special events/conferences in the evenings and on weekends. This contract is to provide 24 hour coverage.
C.2 GENERAL CONDITIONS
2.1. Services under this Contract are effective from approximately November 1, 2016 to March 31, 2017.
2.2. The successful contractor shall be required to maintain appropriate insurance coverage throughout the term of the Contract. This shall include comprehensive general liability covering bodily injury and property damage, Worker's Compensation at statutory limits, and automobile liability covering all vehicles, equipment and their operators. Contractor shall show proof of insurance within five (5) days of contract award.
2.3. Contractor is responsible for all property damage that occurs in the course of executing any task.
Damage shall be restored to equal or better condition at the contractor’s expense. These incidental damages from plowing or de-icing materials include, but not limited to, buildings, vegetation, landscaped areas, landscape lighting, parking curbs, paver/bricks, hardscapes, asphalt surfaces, concrete, asphalt edging, signs and other existing features.
2.3.1. The Contractor is responsible for any damage to obstacles that protrude from the surface of the surrounding landscape. This includes utilities such as water shut offs, electrical boxes, fire hydrants and any other obstacles.
2.3.2. All locally prescribed safety regulations, laws, and practices shall be carefully observed in performance of the work.
2.4. Contractor shall install marker stakes along Grey Towers drives and parking lots to help protect Grey Towers property from plow damage and to prevent damage to plow equipment.
Government agrees not to remove these stakes. Contractor will return first week of April to collect stakes.
2.5. Contractor will reserve a time slot in their schedule for Grey Towers work sufficient to perform the requirements of this statement of work.
2.6. Contractor shall provide a cell phone number for their primary and secondary contact persons assigned to the Grey Towers contract. Grey Towers will provide a contact phone number for their primary and secondary contact persons with the authority to authorize work.
2.7. There is small equipment storage available. Outdoor Truck maybe located at Maintenance
Facility Building
C.3 REMOVAL ZONES
3.1. Removal areas are listed as walkways/stairs or driveways/parking lots (refer to attached sketches.)
3.2. The Visitor Parking Lot area will receive full clearing of walk, stairs & road for November and December only. January through March the Visitor Parking Lot only receives snow removal services to clear an emergency access path through the parking lot. (Please refer to attached sketch and bid items.)
C.4 SNOW REMOVAL
4.1. Snow clearing operations shall commence when more than One (1) inch of snow accumulates on the Grey Towers site as determined by the Contractor.
4.2. The government will attempt to keep plowing areas clear of vehicles, debris, and various other items to ensure contractors ability to perform a thorough plowing. Contractor shall stay a minimum of
(1) one foot away from garage doors and all vehicles parked in the plowing area. If a vehicle is blocking the area to be plowed, the Contractor will plow around the vehicle.
4.3. Polyethylene cutting edges are to be on all equipment being used for snow removal, including plows and snow blowers. No metal edged hand snow shovels.
4.4. Each snow removal event must open the ENTIRE width of pavement and walkway.
4.5. Snow must be pushed off the roads, drives, parking areas, and walkways without blocking traffic, parking spaces and pedestrian thoroughfares or impeding the visibility of vehicular operators, pedestrians or agency operations.
4.6 Blowing and drifting snow will also require additional snow removal services.
PROJ NAME: Snow & Ice Removal Services
C.5. ICE REMOVAL
5.1. Salting/ Calcium Chloride operations shall commence when ice or packed snow results in slippery and hazardous surfaces for less than 1 inch of snowfall. Ice/light snow (dusting less than one (1) inch accumulates.) or as it relates to snow clearing.
5.1.1 Please refer to sketches as the pervious pavement at the Visitor Parking Lot does not allow sand or grit to be used on the pods, stairs or walkways
5.2. Contractor shall apply anti-icing chemicals, as specified in this contract, to maintain safe passage conditions for vehicular & pedestrian traffic at Grey Towers.
5.3. In the event of snowfall of less than one (1) inch of total accumulation, Salting or Calcium shall be spread to maintain safe passage
5.4. Walkways shall be chemically treated with Calcium-Chloride or similar approved by COR. Green products are welcomed and encouraged.
SECTION D--PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
SECTION E--INSPECTION AND ACCEPTANCE
E.1 FAR 52.246-1 Contractor Inspection Requirements (APR 1984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.
(End of clause)
E.2 FAR 52.246-4 Inspection of Services - Fixed-Price (AUG 1996)
(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
E.3 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)
(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance will be performed randomly at USDA Forest Service, Grey Towers National Historic Site, Milford, PA.
SECTION F--DELIVERIES OR PERFORMANCE
F. 1 AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from approximately November 1, 2016 to March 31, 2017.
(End of Clause)
SECTION G--CONTRACT ADMINISTRATION DATA
G. 1 AGAR 452.215-73 Post Award Conference (NOV 1996)
A post award conference with the successful offeror is required. It must be scheduled within ten (10) days after the date of contract award. The conference will be held at: USDA Forest Service, Grey Towers National Historic Site, 151 Grey Towers Drive, Milford, PA 18337. Point of Contact is Elizabeth Hawke at 570-296-6201 EXT 162 or ehawke@fs.fed.us.
G. 2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE
The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.
The Contracting Officer should be informed, as soon as possible, of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR, provided they do not affect the delivery schedule or performance period stated in the contract.)
On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists & there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.
G. 3 PROJECT MANAGER
The offeror is requested to designate a Project Manager to be contacted for prompt contract administration: ___________________________________
Telephone Number (including cell phone if available): ______________________________
The contractor shall provide a Project Manager who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangements regarding this contract. This individual shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager, or a designated representative, shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the Contracting Officer’s Representative (COR) to discuss problem areas as they occur. The Project Manager or his/her mailto:ehawke@fs.fed.us
PROJ NAME: Snow & Ice Removal Services representative shall respond within four hours after notification of the existence of a problem. The Project Manager shall be able to fluently read, write, and speak the English language.
G.4 GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT
In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment. Invoices shall be entered electronically in the Invoice Processing Platform (IPP).
Contractors shall register and enter invoices into IPP at the following website:
https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm
Additional information regarding IPP may be found at the following website: https://www.ipp.gov/index.htm.
G.5 INVOICE REQUIREMENTS
Payment will be based on receipt of a proper electronic invoice and satisfactory contract performance. Payments for services are made in arrears following COR inspection and acceptance of work.
Invoices are to be submitted electronically through IPP. They shall be submitted at the end of the month, and shall be itemized by dates of service.
https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm https://www.ipp.gov/index.htm
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1. SUSTAINABLE ACQUISITION MATERIALS
The Contractor must comply with Section 9002 of the Food, Conservation and Energy Act of 2008; Section 9002 of the Farm Security and Rural Investment Act of 2002; Executive Order 13514, “Federal Leadership in Environment, Energy, and Economic Performance,” Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management;” Presidential Memorandum, “Driving innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement;” and the Federal Acquisition Regulation to provide biobased products.
The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representation (COR). It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.
Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated at www.biopreferred.gov . Contractors shall provide data for their biobased products such as biobased content, as well as their dollar value used in the performance of their contract by the end of the Fiscal Year (September 31st). The website for biobased reporting is http://www.sam.gov and the requirement pertains to all contracts containing FAR clause 52.223-2 “Affirmative Procurement of Biobased Products Under Service and Construction Contracts”.
H.2 FAR REPORTING CATEGORIES & USDA DESIGNATED BIOBASED PRODUCTS
USDA designates categories of biobased products for a Federal Procurement preference. In the process, minimum biobased content standards are established for each product category. Product categories can be found at http://www.biopreferred.gov/ProductCategories.aspx
The following are examples of biobased products that may be applicable to this requirement:
Gasoline Fuel Additives Chemical agents added to vehicle fuel to increase octane levels, improve lubricity, and provide engine cleaning properties for gasoline fired engines.
92% - Minimum Biobased Content
Hydraulic Fluids – Mobile Equipment Hydraulic fluids formulated for general use in nonstaionary equipment, such as tractors, end loaders, or backhoes.
44% - Minimum Biobased Content http://www.biopreferred.gov/ http://www.sam.gov/ http://www.biopreferred.gov/ProductCategories.aspx
PROJ NAME: Snow & Ice Removal Services
H.3 PROVISIONS INCORPORATED BY REFERENCE
FAR 52.223-1, Biobased Product Certification FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts FAR 52.223-4, Recovered Material Certification FAR 52.223-15, Energy Efficiency in Energy-Consuming Products FAR 52.223-17, Affirmative Procurement of EPA-Designated Items under Service and Construction Contracts
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses:
www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html
52.202-1 Definitions (JAN 2012) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.204-7 System for Award Management (JUL 2013) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.212-4 Contract Terms and Conditions – Commercial Items (JUL 2013) 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Representation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-41 Service Contract Act of 1965 (NOV 2007) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52-232-16 Progress Payments, ALT I (APR 2012) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.233-1 Disputes (JUL 2002) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243-1 Changes - Fixed-Price (AUG 1987) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Government Property (AUG 2010) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants –
Alternate I (FEB 2012) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.237-70 Loss, Damage, Destruction or Repair. (FEB 1988) AGAR 452.237-75 Restrictions Against Disclosure. (FEB 1988) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html
CLAUSES INCORPORATED BY FULL TEXT
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jun 2016)
(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 items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 items:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (Oct 2015) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
_X_ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.
chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) _X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.
chapter 78 and E.O. 13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.N(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)
(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(b) Applicability. This clause applies only to--
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).*
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
(End of Clause)
FAR 52.222-42-- Statement of Equivalent Rates for Federal Hires (May 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage Laborer (WG-2) $17.26
FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
(End of clause)
FAR 52.246-20 Warranty of Services (MAY 2001)
(a) Definition.
"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.
(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government.. This notice shall state either -
(1) That the Contractor shall correct or reperform any defective or nonconforming services; or
(2) That the Government does not require correction or reperformance.
(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.
(d) If the Government does not require correction or re-performance, the Contracting Officer shall make an equitable adjustment in the contract price.
FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any 48 CFR clause with an authorized deviation is indicated by the addition of "(DEVIATION)"after the name of the regulation.
AGAR 452.237-74 KEY PERSONNEL (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel:
- Project Manager/Supervisor
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
ATTACHMENT NUMBER/DESCRIPTION NUMBER OF PAGES
ATTACHMENT A, SCA WAGE DETERMINATION NO. 05-2453 REV (17) 8
Attachment B, SAM Information 1 Attachment C, Experience Questionnaire 2 Attachment D, Grey Towers Snow & Ice Removal Map 1
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS OR RESPONDENTS
AGAR 452.219-70 Size Standard and NAICS Code Information (JAN 2005)
The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:
Contract line item(s): ALL --NAICS Code 561790 --Size Standard $7.0 Million_
The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
FAR 52.204-8 -- Annual Representations and Certifications (Apr 2016)
(a)
(1) The North American Industry classification System (NAICS) code for this acquisition is 561790.
(2) The small business size standard is $7M.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)
(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[_] (i) Paragraph (d) applies.
[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures;
or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvi) 52.223-4, Recovered Material Certification.
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