B08_-_Combo_RFQ.pdf
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- Attached to
- CA-MODOC NWR-QTRS 14 RODENT CONTROL Federal contract opportunity
- Solicitation number
- 140FS124Q0147
About this file
This document is a Request for Quotation (RFQ) for rodent control and exclusion services at the Quarters 14 residence at the Modoc National Wildlife Refuge in California. The U.S. Fish and Wildlife Service has a requirement to control and prevent rodent infestations, clean out contaminated insulation, and re-insulate the residence. This is a total small business set-aside solicitation under FAR Parts 12 and 13, with the NAICS code 561720 and a $17.5M small business size standard. The RFQ requires the contractor to remove all rodents, droppings, and contaminated insulation, and install new insulation. Biohazard testing for diseases transmitted by rodents is also required. Quotes are due by 17:00 Eastern on 27 Aug 2024, and award will be made as a firm-fixed-price contract based on price alone to a responsible small business source.
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Modoc NWC, CA - RODENT CONTROL AND EXCLUSION SOLICITATION NO. 140FS124Q0147
FWS
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.
U.S. Fish and Wildlife Service, Modoc NWR has a requirement for control, mitigate, and prevent infestations of rodents in the primary Refuge house. This project will control rodents currently in the house, clean out all rodent droppings and contaminated insulation, re-insulate, and secure house from future infestations. This project will also include biohazard testing for diseases transmitted by rodents. The Project is located at the Modoc NWR in Alturas, Modoc County, California.
This Request for Quotation (RFQ) is a TOTAL SMALL BUSINESS SET ASIDE and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2022-06. The NAICS code is 561720 and the small business size standard is $17.5M.
Instructions
All responsible small business sources may submit a quote, which shall be considered by the agency. Award will be made as a firm-fixed-price contract. This award will be based on price alone. All offers will be opened to establish a competitive range. Only those offers in the competitive range will be reviewed for responsibility and award. Quotes shall specify cost per ton and include cost of material, delivery, placement, and all associated fees and costs. The contract will be awarded based on the best price per ton. Award will be made to a responsible source pursuant to FAR subpart 9.1.
Please submit your quotation (showing unit and total price) on company letterhead or the enclosed SF 1449 form with SAM.gov UEI Code. and point of contact phone number and e-mail address. Additionally, if your company holds a GSA contract that would apply to this requirement, please provide the contract number. Refer to FAR provision 52.212-1 Instructions to Offerors – Commercial Items for additional submission guidance, and include a copy of FAR provision 52.212-3 Offeror Representations and Certifications -- Commercial Items with applicable sections completed.
Site visit: XX @ Time Location Solicitation Questions Due: 17:00 Eastern XX 2024 to Tanner_frank@fws.gov Quotes Due: 17:00 Eastern on 27 Aug 2024 E-Mail Quote Submission: Tanner_frank@fws.gov
In order to have a quote considered, prospective offerors must have an Active SAM (System for Award Management) Registration (https://sam.gov/content/home) with no listed exception.
mailto:Tanner_frank@fws.gov mailto:Tanner_frank@fws.gov
STATEMENT OF WORK
QUARTERS 14 RODENT CONTROL AND EXCLUSION
U.S. Fish and Wildlife Service Modoc National Wildlife Refuge – Alturas, California
1.0. GENERAL INFORMATION
1.1 Contractor shall provide materials and services to control, mitigate, and prevent infestations of rodents in the primary Refuge house. This project will control rodents currently in the house, clean out all rodent droppings and contaminated insulation, re-insulate, and secure house from future infestations. This project will also include biohazard testing for diseases transmitted by rodents. The Project is located at the Modoc NWR in Alturas, Modoc County, California.
1.2 Contractor’s Qualifications: Contractors shall be experienced and have demonstrated positive past performance with the control and exclusion of wildlife in residences and commercial properties.
1.3 Regulatory Requirements: It is the Contractor’s responsibility to complete the Project in compliance with applicable requirements of federal and state laws, codes, rules, regulations, ordinances, and standards.
2.0. WORK LOCATION AND PERIOD OF PERFORMANCE
2.1 Work Location: Modoc National Wildlife Refuge (MNWR), 5364 County Road 115, Alturas, California 96101.
2.2 Period of Performance:
60 Days ARO
The period of performance for this contract is tentative and subject to change. Actual project work window may be dependent on weather conditions and bat migration. Contractor shall coordinate with the MNWR Refuge Manager for a proposed project work window. The final accepted work window will be mutually agreed upon between the Contractor and USFWS MNWR prior to work beginning.
3.0 DEFINITIONS
Not Used.
4.0 BACKGROUND
The Modoc National Wildlife Refuge (MNWR) is owned and operated by the U.S. Fish and Wildlife Service (USFWS). The Refuge is in the northeast corner of California, approximately
3.5 miles southeast of the town of Alturas. The next nearest town, Likely California, is approximately 13 miles south of the Refuge. The Refuge has identified a requirement for control and removal of rodents, their droppings and remains, contaminated insulation, and re-installation of insulation for the Refuge house known as Quarters 14. This project will include the Attic space of the house, the garage, and the portion built to connect the two.
The project includes but is not limited to the following elements:
• Mobilization and de-mobilization.
• Staging of any equipment and materials.
• Control of existing rodent infestation using materials that will not transfer or bioaccumulate to other wildlife or domestic species.
• Biohazard testing
• Remove all feces, remains, and insulation.
• Install new insulation.
• Conduct repairs or install materials for exclusion of rodents and any other wildlife into the house.
• Work in conjunction with another contractor who will be removing and replacing infested
HVAC duct work during the same period.
Please note, the above bulleted list is not intended to be comprehensive, it is simply provided as a baseline.
5.0. SCOPE OF WORK
Contractor is expected to complete the project to the specifications provided in this document.
Where specifications are not provided, the contractor shall contact the Refuge Technical Point of Contact to discuss options. At a minimum, and in the absence of any Technical Specifications, the Contractor shall perform Quality Assurance and Quality Control (QA/QC) Tests and Inspections for work tasks performed. The QA/QC Tests and Inspections performed shall be in accordance with industry standards and consensus-based standards.
5.1 Contractor will remove, relocate, and dispose of all rodents, their droppings, and any remains found with in the attic, living space, and lower crawl space. Contractor will remove and dispose of all insulation that has been damaged or contaminated by rodents and install new insulation.
• Control of existing rodent infestation by use of bait, other chemical materials, or similar is acceptable to the USFWS with the requirement that all materials used must not transfer or bioaccumulate and cause harm to other wildlife or domestic species.
5.2 Contractor will conduct biohazard testing for diseases transmitted by rodents such as hantavirus, leptospirosis, and rat bite fever that are common in this project area.
5.3 Contractor will be expected to work in conjunction with another contractor who will be removing and replacing the existing HVAC ducting to ensure all contaminated materials are removed from the dwelling. Timing of individual project actions will ensure contaminant free systems at the conclusion of the project.
5.4 Staging of equipment and materials may be needed for this project. Specific staging areas will be discussed and agreed upon between the contractor and the Refuge manager prior to mobilization.
5.5 Contractor will be responsible to ensure the project area is clean and free of any residual contaminants, trash, or damage from the project.
• Contractor will use visqueen or similar material where needed to protect carpet and any other areas of the house from dust, debris, and contaminants that may be transported in and out of the house via boots, equipment, or construction materials during this project.
6.0. GENERAL REQUIREMENTS.
Contractor shall provide supervision, labor, materials, equipment, tools, and services necessary for proper execution and completion of this contract.
6.1 Quality Assurance: Contractor shall implement a Quality Assurance/Quality Control
(QA/QC) Plan to verify products and services are free of errors or omissions.
6.2 Communications: Contractor shall direct contract related inquiries in writing or electronically to the CO during the pre-solicitation, solicitation, and contract period of performance. Contractor shall direct technical-related inquiries in writing or electronically to the Refuge Manager or COR.
6.3 Pre-project Meeting: After contract award and prior to commencement of work, the Refuge will arrange for a pre-construction meeting. This meeting may be virtual or face to face at the Modoc NWR Office. Meeting is expected to take place within fourteen (14) days after issuance of the contract award and take no longer than two (2) hours.
Meeting will address the contract requirements and identify and resolve any ambiguities or discrepancies. Other topics include matters of significant interest, including who has authority to decide matters such as contractual, administrative (e.g., security, safety, and fire and environmental protection) and project responsibilities. This meeting will also address area access, staging areas for equipment and materials, and any other questions or concerns that may arise.
6.4 Diligence: Contractor shall perform all project activities efficiently and with the requisite expertise, skill, and competence to satisfy the requirements of the contract documents.
Contractor shall, at all times, exercise complete and exclusive control over the means, methods, sequences and techniques used for this project.
6.5 Supervision: Contractor shall provide a Project Supervisor on-site at all times while work is underway. Supervisor shall have a good working knowledge of the project work.
6.6 Project Safety: Contractor shall be ultimately responsible for health and safety on the worksite at all times.
a. Contractor shall provide barricades and warning devices as necessary to safeguard the public, workers, and Government personnel.
b. Contractor shall initiate and maintain, throughout the performance of this contract, an effective health and safety program that provides adequate policies, procedures, and practices to protect workers from (and allow them to recognize) job-related health and safety hazards.
c. Each employee (Contractor or subcontractor) must be instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to the work environment.
d. The contractor shall adopt the Occupational Health (SOH) Program as a starting point for
Safety Program requirements. In the event a more stringent Safety Program exists, the more stringent Safety Program shall be applied to the Contract / Project by the Contractor.
6.9 Site Cleanup: Contractor shall remove trash and debris from the worksite daily. Before completing the contracted work, Contractor shall remove any rubbish, tools, equipment, and materials that are not the property of the Government. Upon completion of work, Contractor shall leave the work area clean, neat, and in the same condition as prior to the project.
6.10 Material, Equipment, Transportation, Handling and Storage:
a. Government-owned equipment will not be made available to the Contractor for use within this contract. Government buildings and other facilities are not available for storage of the Contractor’s materials, equipment, and tools. The Government will designate areas for use during the project for materials and equipment. These areas will be discussed at the pre-bid site visit and during the pre-project meeting.
b. Contractor shall have a representative onsite to receive material deliveries. Contractor shall be responsible for all material deliveries, whether or not their representative is on-site at the time of delivery.
c. Contractor shall transport, handle and store materials and equipment in a secure manner and in accordance with the manufacturer’s written instructions.
d. Contractor shall promptly remove from the worksite any material(s) and equipment which are damaged or are otherwise unsuitable.
7.0. GOVERNMENT FURNISHED ITEMS.
No Government Furnished Material or Government Furnished Equipment will be provided.
7.1. The Contractor shall furnish all materials, supplies, equipment, facilities, and services required to perform work under this contract.
8.0. CODES AND STANDARDS.
8.1 Safety Standards: Contractor shall adhere to Occupational Safety and Health Administration
(OSHA) 29 CFR 1910 and 1926, as well as other applicable DOI, USFWS, State and local regulations. In the event of a conflict, the most stringent laws, codes, regulations, standards, and provisions shall apply.
9.0. INSPECTION AND ACCEPTANCE.
9.1 Inspection and acceptance will be determined by the USFWS.
9.2 Acceptance of the work is contingent on compliance with the requirements set forth in the specifications, and other documents awarded with (or referenced by) the contract for this project.
10.0. FINAL WALK THROUGH.
10.1 The USFWS will perform the final walk through as promptly as practicable.
10.2 The time required for such walk through and for making any corrections as a result thereof shall be included in the contract performance time.
10.3 The Contractor’s representative responsible for the work shall be present at the final walk through.
11.0. INVOICE AND PAYMENT.
11.1 General: Contractor shall not invoice between September 20th and October 20th, due to the seasonal financial system closure.
11.2 Progress Payments: No progress payments will be made for this project. Final payment will be made upon completion of the project and acceptance from USFWS.
11.3 Final Payment: Final payment shall be invoiced and submitted in accordance with Clause
52.232-70. Prior to submitting the final invoice, Contractor shall have submitted all closeout submittals. In addition, Contractor shall have been provided an approval by the USFWS stating any deficiencies have been corrected.
13.0. GOVERNMENT AVAILABILITY.
13.1 Government is available Monday thru Friday from 7:30 AM to 4:00 PM (Pacific Time), excluding Federal Holidays. Availability outside those dates/hours shall be coordinated with the Refuge Manager at least two business days in advance.
• Government holidays include New Year’s Day, Martin Luther King JR’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.
14.0. WORK HOURS.
14.1 Work shall be performed between Monday and Friday, 7:30 AM to 4:00 PM (Pacific Time), excluding Federal Holidays. Work outside those dates or hours shall be coordinated with the Refuge Manager at least two business days in advance.
14.2 Weekend work shall be approved by the Refuge Manager.
14.3 USFWS escort required unless previously arranged with the Refuge Manager.
POINTS OF CONTACT
Refuge:
U.S. Fish and Wildlife Service Modoc National Wildlife Refuge Attn: Stacy Freitas, Refuge Manager 5364 County Road 115, Alturas, California 96101 stacy_freitas@fws.gov
(530) 233-3572 (Office) Stacy will be the Technical Point of Contact.
mailto:stacy_freitas@fws.gov
Attic Access
Furnace Location
Attic AccessAttic Access
Attic Access
Attic Access
Window Seat Window Seat
W in do w
S ea t
Clauses
52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2023)
---Addendum to 52.212-4---
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):
Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar
(End of clause)
DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING
PLATFORM (IPP) (FEB 2021)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
'Payment request' means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:
https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
[Contracting Officer to edit and include the documentation required under this contract]:SEE BOX
BELOW
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone
(866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
http://www.acquisition.gov/far http://www.acquisition.gov/diar http://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov
(End of Local Clause)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
--- End of Addendum to 52.212-4---
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31
U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and
108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)
(Pub. L. 109-282) ( 31 U.S.C. 6101 note).
[ ] (6) [Reserved].
https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900
[X] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)
(10) 52.204–28, Fe[ ]deral Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
[ ] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec
2023) ( Pub. L. 115–390, title II).
(ii) Alternate[ ] I (Dec 2023) of 52.204–30.
[X] (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct
2018) (41 U.S.C. 2313).
[ ] (14) [Reserved] [ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct
2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(17)[Reserve[ ]d]
[X] (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-6.
[ ] (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-7.
[ ](20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
[ ] (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Nov 2016) of 52.219-9.
[ ] (iii) Alternate II (Nov 2016) of 52.219-9.
[ ] (iv) Alternate III (Jun 2020) of 52.219-9.
[ ] (v) Alternate IV (Sep 2023) of 52.219-9
[ ] (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-13.
[ ](23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637(a)(14))(Deviation OCT 2022).
[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-
Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[X] (26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C.
632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
https://www.govinfo.gov/link/plaw/115/public/390
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.
644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024)
(E.O.13126).
[ ] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[ ] (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (Jul 2014) of 52.222-35.
[X] (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (Jul 2014) of 52.222-36.
[ ] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496).
[X] (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)
[ ] (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ](42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
[ ](43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
[ ](44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
[ ](45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
[ ](46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
[ ] (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[ ] (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023)
(19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), 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 [Reserved].
[ ] (iii) Alternate II (Dec 2022) of 52.225-3.
[ ] (iv) Alternate III (NOV 2023) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l
Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[ ](55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving ( May 2024) ( E.O. 13513).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and
Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management
(Oct 2018) (31 U.S.C. 3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(13)).
[ ] (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov
2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.
206 and 41 U.S.C. chapter 67).
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
[List as necessary]
[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513
(Jan 2022).
[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)
(42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Local Clauses
USFWS R7 Environmentally Preferable and Energy-Efficient Products and Services Policy
Whenever cost effective, the contractor should provide products and/or services that are energy efficient, promote water conservation and are bio-based. The use of nonhazardous and recovered materials is encouraged.
Electronic Invoicing and Payment Requirements – Invoice Processing
Platform (IPP)
Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).
“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
1. Invoice billed according to contract line items and rates.
2. If final payment is billed, the last invoice shall state “FINAL”
The Contractor must use the IPP website to register access and use IPP for submitting requests for https://www.ipp.gov/ payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Clause)
Provisions
52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (SEP2023)
---Addendum to 52.212-1---
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar
(End of provision)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)
DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION -- DEPARTMENT OF
THE INTERIOR (APR 1984)
(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:
(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, mailto:IPPCustomerSupport@fiscal.treasury.g http://www.acquisition.gov/far http://www.acquisition.gov/diar formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.
(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."
(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:
"The information specifically identified on pages of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."
(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:
"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."
(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.
(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.
(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.
(End of provision)
---End of Addendum to 52.212-1---
52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]
Technical and past performance, when combined, are [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.
Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
---End of Addendum to 52.212-2---
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision—
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:
ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—
(1) PSC…
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