B01 RFQ S Delacruz Septic.pdf

75H70122Q00016 S Delacruz Septic

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

Solicitation Number: 75H70122Q00016

S Delacruz Septic System

ISSUE DATE: 04/05/2022

SITE VISIT: SEE SECTION L.10

PROPOSAL DUE DATE: 04/19/2022, 2:00PM PACIFIC

PROJECT TABLE OF CONTENTS:

Section Taxonomy

Section A Standard Form 1442, Solicitation, Offer, and Award

Section B Schedule of Items / Price Schedule

Section C Description and Specification (Statement of Work)

Section D Packaging and Markings

Section E Inspection and Acceptance

Section F Deliveries or Performance

Section G Contract Administration Data

Section H Special Contract Requirements

Section I Contract Clauses

Section J List of Documents, Exhibits

Section K Representations and Certifications

Section L Instruction, Conditions and Notices

Section M Evaluation Factors for Award

Proposals must set forth full, accurate, and complete information as required by this request for proposal (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE 8. ADDRESS OFFER TO7. ISSUED BY

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER

Indian Health Service (IHS) Division of Engineering Services (DES) - Seattle 701 5th Ave, Suite 1650 Seattle, WA 98104

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

TITLE: S Delacruz Septic System, Quinault Reservation, WA.

This RFQ is being issued as 100% Small Business Set-Aside with preference for Indian Economic Enterprises.

NAICS 237110 Water and Sewer Line Related Structures Construction. Size standard $39.5 million.

ESTIMATED MAGNITUDE OF CONSTRUCTION (APR 1985) (FAR 36.204): The estimated magnitude of the proposed construction is between $20,000.00 and $100,000.

PERFORMANCE PERIOD: The performance period for this contract is 45 days from issuance of the Notice to Proceed (NTP).

SITE VISIT: See Section L.10 for details.

Indian Health Service (IHS) Division of Engineering Services (DES) - Seattle 701 5th Ave, Suite 1650 Seattle, WA 98104

Daniel Cotto, daniel.cotto@ihs.gov

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

(206) 615-2790

6. PROJECT NUMBER

21-C861

3 4004/05/2022 local time

52.211-10

75H70122Q00016

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

31a. NAME OF CONTRACTING OFFICER (Type or print)

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

Price Schedule Fill out “B01 Attachment 7 Price Schedule”

NOTES:

As a reminder, all offerors are responsible for allowing for all applicable state, local and tribal (where applicable) taxes and fees within their offer and to perform their own due diligence in ascertaining them. The Contractor is responsible to pay all applicable tribal fees and/or taxes, or applicable requirements that may be incurred as a result of this project. Failure on the part of the successful offeror not to include these fees or the appropriate impacts will not constitute a request for an equitable adjustment to the contract price.

B.1 Incidental Payment Items: The intent of the contract is to provide for the complete work of the project described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, taxes and fees requirements and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made for and under those pay items included in the Schedule of Items (which is one lump sum price for the contract). All other work and materials will be considered as incidental to and included in the payment for items shown.

B.2. Estimated Quantities: Estimated quantities are provided in the price schedule for evaluation purposes only. The Government is not obligated to order the estimated amounts specified in the schedule. The estimates provided do not establish any minimum purchase limit for which the Government is obligated. The contractor shall not furnish quantities in excess of the specified amount without prior written consent from the Contracting Officer.

B.3. Wage Determination: Davis-Bacon wages shall be paid for all applicable labor categories for each price schedule line item and should be included in all pricing in accordance with FAR 52.222-6, Construction Wage Rate Requirements. The applicable Wage Determination is included in Section J, B01 Attachment 1 Wage Determination.

B.4 Invoices: Invoices for payment shall be sent to the COR and Contracting Officer and reviewed and signed by the COR (signature) prior to submission to the Contracting Officer. The signed payment invoice shall be sent via e-mail to IHS Contracting Officer for final approval.

IMPORTANT INFORMATION:

Under no circumstances will any oral statements made be binding upon the Government unless such statements or agreements are issued in writing by the Contracting Officer.

Only a warranted Contracting Officer acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed within the change and shall immediately notify the Contracting Officer.

B.9. TERO: TERO is NOT applicable.

END OF SECTION

Section C Statement of Work

PL 86-121 CONSTRUCTION PROJECT

INDIAN HEALTH SERVICE

PORTLAND AREA

Solicitation No: 75H70122Q00016

Project Name: S. DeLaCruz New On-site Septic System

Project Location: 5475 Grenville Dr.

Taholah, Washington 98587-0179 Quinault Reservation, Grays Harbor County

Homeowner Contact: Steve DeLaCruz (360-593-3082; the-sdelacuz@msn.com)

Project No: PO-21-C86I

A. Project Description

This project is for the installation of a new on-site septic system for a single-family home on trust land on the Quinault Reservation in Grays Harbor County, WA. The proposed system includes consist of solid sewer pipe with a cleanout, a two-compartment concrete septic tank, a concrete pump chamber, pump and controls, sewer force main transport pipe, and a sand mound drainfield with three distribution lateral pipes. All excavation and backfill to be included in costs. Contractor is responsible for utility locates and necessary permits. Contractor must be a licensed septic installer in the state of Washington.

B. Ownership

This project will provide sanitation facilities to a private home owned by a member of the Quinault Tribe, located on trust land in Taholah, WA on the Quinault Reservation. Upon completion, the facilities will be transferred to the homeowner. The system will be operated and maintained by the homeowner. The on-site septic system was designed by Becky Rieger (see Septic Design attachment).

Designer information:

Environmental Design, LLC 901 L St Centralia, WA 98531

Becky Rieger, Licensed Designer Phone: (360) 219-3343 Email: becky@environmentaldesignllc.com

C. TERO & Other Fees

TERO fees do not apply.

D. Scope of Work

Work is to be completed on the property of the homeowner, under the jurisdiction of Quinault Indian Nation. The Contractor must conduct a site visit, review site conditions, and report any concerns or discrepancies to the IHS project manager prior to construction. The design is detailed in the Septic Design attachment.

D.1 Work Requirements: The septic system installation shall include:

D.1.1. Mobilization and Demobilization

Statement of Work, Project PO-21-C86I

D.1.2. Installation of approximately 15 linear feet of 4-inch SDR 35 PVC solid sewer pipe

D.1.3. Installation of one underground double-sweep cleanout

D.1.4. Installation of a 1,150-gallon concrete septic tank

D.1.5. Installation of a 1,150-gallon concrete pump chamber

D.1.6. Installation of approximately 60 linear feet of 1.5-inch Schedule 40 PVC effluent transport line

D.1.7. Installation of a sand mound drainfield

E. Technical Requirements

E.1 Codes, References, and Standards Work under this contract shall be performed in compliance with the codes, references, and standards listed below. If conflicts exist between these references, consult the COR for direction.

a) Septic Design (see attachment)

b) Washington Administrative Code (WAC) 246-272A On-site Sewage Systems

c) WAC 296-46B Electrical Safety Standards, Administration and Installation

d) Indian Health Service Technical Provisions (see attachment)

E.2 Submittals The Contractor shall provide submittals to the Project Engineer on the items listed below.

A) Pre-Construction (submitted at least 5 days pre-construction)

i. Septic tank

ii. Pump tank

iii. Pump and controls

iv. Any material or equipment variations from those specified in the design

B) Post-Construction (submitted with or before final invoice)

i. Product Warranties – Include the following information on the warranty:

1) Name and address of the dealer

2) Model and serial number

3) Date of installation

ii. Operation and maintenance information

iii. Swing-tie measurements for the tank riser cover centers and drainfield distal ends in accordance with Washington Administrative Code (WAC 246-272A-0265 - Record drawings).

E.3 Material Specifications

i. Install materials as specified in Sections D & E above. Materials specified may be substituted with equals upon approval from the Project Engineer.

E.4 Work Execution Requirements

i. System shall not be installed during periods of heavy rainfall.

ii. A pre-construction meeting with the Project Engineer and septic designer is required before work commences, unless explicitly waived by the Contracting Officer in writing.

iii. Work is to be performed in accordance with the attached approved design.

Statement of Work, Project PO-21-C86I

iv. The Contractor is responsible for determining the exact location of any and all utilities.

The Contractor is responsible for protecting utilities from damage during construction.

v. All debris generated during construction shall be removed from site.

vi. All areas disturbed by construction activities shall be finish-graded.

vii. The Contractor shall notify the Project Engineer prior to installing material quantities in excess of those specified on the bid schedule.

viii. Variation from the approved design requires prior written approval from the Project Engineer.

ix. The Contractor shall keep the Project Engineer notified and advised of all work to be done or work in progress sufficiently in advance so that proper inspection can be performed.

x. The Contractor is responsible for contacting the septic designer to coordinate final inspection and pressure test.

xi. The Contractor shall notify the Project Engineer at least two days prior to post-construction inspection and final backfill.

Project Engineer and Recommended COR:

Sierra Schatz, E.I.T.

sierra.schatz@ihs.gov

Project Completion Time:

The period of performance (POP) is 45 calendar days from issuance of the notice to proceed (NTP).

End of Section

Section D Packaging And Marking Not Applicable

Section E Inspection And Acceptance Provisions Incorporated by Reference:

52.246-12 Inspection of Construction. (Aug 1996)

Section F. Deliveries Of Performance Provisions Incorporated by Reference:

52.242-14 Suspension of Work. (Apr 1984)

Provisions incorporated in full text.

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 calendar days from the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.1. SUPERINTENDENT ON SITE. The contractor shall ensure that the Project Superintendent is on site at all times work is being performed by the contractor or subcontractor(s). They shall directly oversee all apprentice and subcontractor work. The Project Superintendent is also responsible to ensure all labor and safety requirements are complied with; and ensure that the worksite is cleaned up at the end of each work day.

All communications between the IHS and contractor concerning the day-to-day workmanship on the project will be handled through the Project Superintendent and they MUST have the authority to act on behalf of the Contractor in all contractual matters.

F.2. REMOVAL OF PERSONNEL. The Contracting Officer may require the contractor to remove from the job any employee who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (FAR 52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of security or for any and all other reasons as determined by the Contracting Officer as objectionable.

Section G Contract Administration Data G.1. Contracting Officer’s Authority. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.2. Contracting Officer’s Representative.

(a) [TO BE ASSIGNED BY SEPARATE LETTER AT CONTRACT AWARD] is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the contract. The COR is located at: see separate letter at contract award

(b) The responsibilities and limitations of the COR are as follows:

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

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

G.3. CERTIFICATION OF PAYMENTS – RELEASE OF CLAIMS (ROC)

The Contractor, when submitting final payment under this contract, shall submit to the Contracting Officer:

(a) A certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to any subcontractors and suppliers in accordance with established contractual arrangements; and

(b) A properly executed Contractor's Release. The Release of Claims form is available from the Contracting Officer.

Failure to submit this completed release will result in a delay of final payment.

G.4. Invoice Requirements

(a) Invoices must be prepared and submitted and will be paid in accordance with the following FAR clauses:

52.232-5 Payments under Fixed-Price Construction Contracts. (May 2014) 52.232-27 Prompt Payment for Construction Contracts. (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) HHSAR 352.232-71 Electronic submission of payment requests (Feb 2022) (In full text below with note.)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the Contracting Officer. Invoices for payment shall be sent via email to the COR and CO for processing and approval.

(c) Progress payments are not authorized for this project.

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which states the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO. Final payment will be made within 30 Calendar days upon receipt of a properly executed invoice.

(e) The contractor will contact the Designated Billing Office with any payment issues or concerns.

G.5. Address For Correspondence It is the intent of the Government to use electronic means as much as possible while administering this contract. Correspondence must be sent via email directly to the Contracting Specialist (daniel.cotto@ihs.gov / Phone # 206-615-2790 and the COR (Sierra.Schatz@ihs.gov / Phone # 360-536-7858.

G.6. Identification Of Contractor Employees Identification (ID) Badges. The contractor shall provide each employee with an ID badge on contract start date or on employment start date. The ID badge shall be made of non-metallic material. The badge shall be easily readable and include the employee's name, the contractor's name, functional area of assignment, and a color photograph. The Contracting Officer or their designee will approve the ID badge template before the contract start date.

Display of ID Badges. Contractor personnel shall wear the ID badge at all times when performing work under this contract on site and when attending Government meetings and conferences off-site. Unless otherwise specified, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

Utilizing Electronic Mail (e-mail). When prime contractor or subcontractor personnel send e-mail messages as part of contract performance or otherwise relating to contract matters, each sender shall include his/her name (both first and last names), e-mail address and the name of the individual’s employer.

G.7. Test Results The contractor must submit all results of test(s) required by the contract to the COR/Project Manager for review.

G.8. Permits And Certificates The contractor must submit a copy of all permits and certificates as required by the contract to the COR/Project Manager.

HHSAR 352.232-71 Electronic submission of payment requests Electronic Submission of Payment Requests (Feb 2022)

(a) Definitions. As used in this clause—

(1) “ Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

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

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

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

(End of Clause) Note: Unless further changes are required, the Department of Health and Human Services shall notify the Contractor of the effective date of the clause at HHSAR 352.232-71 Electronic Submission of Payment Requests by providing written notice to the Contractor within thirty (30) days of implementing the HHS Electronic Invoicing Implementation Project (E-Invoicing) and within thirty (30) days of the anticipated finalization of the clause at HHSAR 352.232-71 Electronic Submission of Payment Requests, via public special notice issued through the SAM.gov portal. However, for purposes of this award or modification, the effective date shall be the date signed by the parties.

Please contact the HHS Office of Acquisition Policy with any questions at OAP@hhs.gov.

Section H Special Contract Requirements H.1. Instructions For Submission Of Payrolls

(a) One copy of all payrolls pertaining to the work (including payrolls of all subcontractors performing work on the job) will be submitted weekly to the procurement office by the prime contractor. Each such payroll must be accompanied by a fully executed Contractor's Weekly Payroll Statement, indicating that no deductions have been made from weekly wages of employees other than those authorized. The statements must be signed by the person supervising payment. Contractor's Weekly Payroll Statement can be found on the U.S.

Department of Labor Payroll, Form WH 347. Payroll Statement “WH347 Form” included under Section J, WH 347 Certified Payroll.

(b) The contract number and project number must be shown on each payroll.

(c) Complete address, classification, straight time hours worked each day, total straight time hours worked in week, rate of pay, overtime hours worked each day, total overtime hours worked in week, overtime rate of pay, gross earnings, each deduction and net pay must be shown for each employee.

(d) Employees must be classified within one of the classifications as shown on the Wage Rate Schedule of the contract. The exact classification, as shown on the Schedule which conforms to the work performed, must be shown on the payroll; that is, when a truck driver is shown, indicate type of vehicle listed in the Schedule under these headings; when a laborer is shown, indicate whether air tool operator, building, etc.; when a welder is shown, list the craft to which the welding is incidental; when an electrician is shown, list the type and zone. Whenever a foreman or superintendent is listed, show the class of workers he is supervising, such as electricians, plumbers, carpenters, etc., as his pay should be as much or more than those he supervises. Classifications not shown on the Wage Rate Schedule contained in the contract will not be accepted. In those cases in which the contractor feels that the work performed by his employees will not conform to a craft shown in the Schedule, the problem shall be presented to the Contracting Officer.

(e) All employees must be paid time and one-half their basic rate of pay for all hours worked in excess of 40 hours in any one week.

(f) The prime contractor is responsible for the correct submission of his and subcontractor payrolls. The prime contractor must submit payrolls and/or statements for each week during the life of the contract. These weeks will begin with the weeks as listed on contract progress schedule. For any week in which no work is performed by the prime contractor, only the "CONTRACTOR'S WEEKLY PAYROLL STATEMENT" need be submitted. These payrolls and/or statements will be numbered consecutively. The prime contractor will list, on the face of his form, the names of all approved subcontractors and whether or not they worked during this period (week). If any of the subcontractors did work during the period, their payrolls and statements should accompany the prime contractor's payroll and/or statements. Each subcontractor needs to submit payrolls and statements only for those weeks in which he works, but these must be numbered consecutively.

(g) All apprentices must be registered in a bona fide apprenticeship program, registered with a State Apprentice Agency recognized by the Federal Committee on Apprenticeship, U.S.

Department of Labor. Evidence of such registration must be furnished the procurement office prior to or together with submission of payroll on which apprentice's name first appears. If an apprentice is employed on such contract, and is not a registered apprentice, the contractor will be required to pay journeyman rates of the craft for which the employee was shown as apprentice. Also, period of apprenticeship under which the employee is serving must be indicated on the payroll.

Section I Clauses Incorporated by reference:

52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015)

52.211-18 Variation in Estimated Quantity. (Apr 1984)

52.219-6 Notice of Total Small Business Set-Aside. (Nov 2020) 52.219-14 Limitations On Subcontracting (Sep 2021) 52.219-28 Post-Award Small Business Program Representation. (Sep 2021) 52.222-6 Construction Wage Rate Requirements. (Aug 2018) 52.222-7 Withholding of Funds. (May 2014) 52.222-8 Payrolls and Basic Records. (Jul 2021) 52.222-9 Apprentices and Trainees. (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements. (Feb 1988) 52.222-11 Subcontracts (Labor Standards). (May 2014) 52.222-12 Contract Termination-Debarment. (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

(May 2014) 52.222-14 Disputes Concerning Labor Standards. (Feb 1988) 52.222-15 Certification of Eligibility. (May 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (Feb 1999) 52.223-6 Drug-Free Workplace. (May 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (Jun 2020) 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises. (Jun 2000) 52.227-1 Authorization and Consent (Jun 2020) 52.236-2 Differing Site Conditions. (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (Apr 1984) 52.236-5 Material and Workmanship. (Apr 1984) 52.236-6 Superintendence by the Contractor. (Apr 1984) 52.236-7 Permits and Responsibilities. (Nov 1991) 52.236-8 Other Contracts. (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(Apr 1984) 52.236-10 Operations and Storage Areas. (Apr 1984) 52.236-11 Use and Possession Prior to Completion. (Apr 1984) 52.236-12 Cleaning Up. (Apr 1984) 52.236-13 Accident Prevention. (Nov 1991) 52.236-21 Specifications and Drawings for Construction. (Feb 1997) 52.236-26 Preconstruction Conference. (Feb 1995) 52.243-5 Changes and Changed Conditions. (Apr 1984)

Clauses Incorporated in Full Text:

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 address(es):

https://www.acquisition.gov/?utm_medium=email&utm_source=govdelivery

(End of clause)

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (Jan 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 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)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iii) 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).

(iv) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

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

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub.L.108-77, 108-78 ( 19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021).

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (Jan 2022).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract ).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold , as defined in FAR 2.101 on the date of award of this contract ).

(iii) 52.222-20, Contracts for Materials , Supplies , Articles, and Equipment ., Contracts for Materials , Supplies , Articles, and Equipment (Jun 2020) ( 41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract , in the United States , Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract ).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) ( 29 U.S.C.

793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract , unless the work is to be performed outside the United States by employees recruited outside the United States ). (For purposes of this clause, "United States " includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

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

(Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract ).

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

(Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States , District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

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

78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(Jan 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

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

13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O.

13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42

U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a

Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work , or incorporated during its construction , renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent ; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 67) (Applies to contracts for supplies , and to contracts for services involving the furnishing of supplies , for use in the United States or its outlying areas , if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold , as defined in FAR 2.101 on the date of award of this contract , and the acquisition -

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract , that provide for the provision, the service, or the sale of food in the United States

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information ).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information ).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) ( 46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov

2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system .)

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract ).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies ).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin ).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b.

destination ).

(c) 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 address(es):

https://www.acquisition.gov/?utm_medium=email&utm_source=govdelivery

(d) Inspection /Acceptance . The Contractor shall tender for acceptance only 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. The Government must exercise its post acceptance rights-

(1) Within a reasonable period of 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.

(e) 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.

(f) 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 that 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 that reasonably could have been avoided.

(g) 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 .

(h) 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 .

52.222-26 Equal Opportunity. (Sept 2016) Alternate I (Feb1999).

Notice: The following terms of this clause are waived for this contract :

As prescribed in 22.807 Exemptions(b)(4):

Work on or near Indian reservations. It shall not be a violation of E.O.11246 for a contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation in connection with employment opportunities on or near an Indian reservation. This applies to that area where a person seeking employment could reasonably be expected to commute to and from in the course of a work day . Contractors extending such a preference shall not, however, discriminate among Indians on the basis of religion, sex, sexual orientation , gender identity , or tribal affiliation, and the use of such preference shall not excuse a contractor from complying with E.O.11246 , rules and regulations of the Secretary of Labor, and applicable clauses in the contract .

(a) Definition . As used in this clause.

Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor 's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation .

Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-

(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information .

Gender identity has the meaning given by the Department of Labor’s Office of Federal

Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

Sexual orientation has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

United States , means the 50 States, the District of Columbia, Puerto Rico, the Northern

Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) (1) If, during any 12-month period (including the 12 months preceding the award of this contract ), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States . Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(1) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor ’s activities (41 CFR 60-1.5).

(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation , gender identity , or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by

41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation , gender identity , or national origin. This shall include, but not be limited to-

(i) Employment;

(ii) Upgrading;

(iii) Demotion;

(iv) Transfer;

(v) Recruitment or recruitment advertising;

(vi) Layoff or termination;

(vii) Rates of pay or other forms of compensation ; and

(viii) Selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall , in all solicitations or advertisements for employees placed by or on behalf of the Contractor , state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation , gender identity , or national origin.

(5) (i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or…