B08_Provisions_Clauses_draft_amended_0001.rtf

BLM Alaska – Solicitation #: 140L6326Q0035 AMENDED Provisions and Clauses

Part 2

Clauses incorporated by reference:

52.203-6 -- Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-17 – Contractor Employee Whistleblower Rights (NOV 2023) 52.204-13 -- System for Award Management Maintenance (DEVIATION MAR 2026) 52.204-19 -- Incorporation by Reference of Representations and Certifications. (DEVIATION MAR 2026) 52.209-6 -- Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025) 52.209-9 -- Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 -- Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION MAY 2026) 52.212-4 -- Contract Terms and Conditions - Commercial Items. (DEVIATION MAR 2026) 52.219-6 -- Notice of Total Small Business Set-Aside (DEVIATION JAN 2026) 52.219-8 -- Utilization of Small Business Concerns (DEVIATION JAN 2026) 52.219-14 Limitations on Subcontracting. (DEVIATION JAN 2026) 52.219-28 -- Postaward Small Business Program Rerepresentation (DEVIATION JAN 2026) 52.222-3, Convict Labor (JUN 2023) 52.222-19 -- Child Labor—Cooperation with Authorities and Remedies (DEVIATION MAY 2026) 52.222-35 -- Equal Opportunity for Veterans. (DEVIATION MAY 2026) 52.222-36 -- Equal Opportunity for Workers with Disabilities (DEVIATION MAY 2026) 52.222-37 -- Employment Reports on Veterans (DEVIATION MAY 2026) 52.222-40 -- Notification of Employee Rights under the National Labor Relations Act (DEC 2010) 52.222-41 -- Service Contract Labor Standards (AUG 2018) 52.222-42 -- Statement of Equivalent Rates for Federal Hires (MAY 2014) 52.222-43 -- Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) 52.222-50 -- Combating Trafficking in Persons (DEVIATION MAY 2026) 52.222-54 -- Employment Eligibility Verification (DEVIATION MAY 2026) 52.222-62 -- Paid Sick Leave Under Executive Order 13706 (JAN 2022) 52.222-90 -- Addressing DEI Discrimination by Federal Contractors (DEVIATION MAY 2026) 52.223-23 -- Sustainable Products (DEVIATION MAY 2026) 52.226-8 -- Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) 52.228-5 – Insurance-Work on a Government Installation (JAN 1997) 52.229-12 -- Tax on Certain Foreign Procurements (DEVIATION OCT 2025) 52.232-33 -- Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023) 52.233-3 -- Protest After Award (AUG 1996) 52.233-4 -- Applicable Law for Breach of Contract Claim (OCT 2004) 52.240-91 -- Security Prohibitions and Exclusions (DEVIATION MAR 2026) 52.244-6 -- Subcontracts for Commercial Products and Commercial Services (DEVIATION MAY 2026)

52.217-8 Option to Extend Services. (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of clause)

ADDENDUM TO FAR 52.228-5 – Insurance-Work on a Government Installation (Jan 1997) As required by FAR 52.228-5, the Contractor shall, at its own expense, procure and maintain the following minimum insurance coverage throughout the entire period of contract performance: 1. Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. Employer's liability coverage shall be a minimum of $100,000. 2. Commercial General Liability: The Contractor shall maintain Commercial General Liability insurance with a minimum limit of $1,000,000 per occurrence for bodily injury and property damage liability. The policy must explicitly cover or include an endorsement for snow and ice removal operations. 3. Automobile Liability: The Contractor shall maintain Automobile Liability insurance on all vehicles utilized in the performance of this contract. The policy shall provide a minimum Combined Single Limit (CSL) of $1,000,000 for bodily injury and property damage. 4. Certificate of Insurance: Prior to commencing work on the government installation, the Contractor shall furnish the Contracting Officer with a Certificate of Insurance (COI) or other written evidence showing that the required insurance is in force. The "United States Government" must be named as an Additional Insured on all liability policies, and the policy must provide for a 30-day written notice of cancellation or material change to the Contracting Officer.

(End of Addendum)

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):

www.acquisition.gov/far/ www.acquisition.gov/diar (Department of the Interior supplement to the Federal Acquisition Regulation) www.acquisition.gov/caac-letters (for reference to clauses that may be added or removed by CAAC letters and their supplements) www.acquisition.gov/far-overhaul (for reference to deviated or new “RFO” parts and clauses where applicable)

(End of clause)

52.252-6 -- Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Interior Acquisition Regulation. (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

Local clauses:

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (APR 2013)

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:

Invoice generated by Contractor’s internal billing system

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 Boston (FRBB) 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 ippgroup@bos.frb.org 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 Local Clause)

Part 3

ATTACHMENT(S)

Number Description Number of Pages A04 CTF Snow Plowing PWS B03 Wage Determination Appendix 1 - Maps B08 Price Schedule B08 Appendix 2 – Sidewalk Maps

*End of Part 3*

Part 4

Provisions incorporated by reference:

52.203-11 -- Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2024) 52.203-18 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017) 52.204-7 -- System for Award Management. (OCT 2018) 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations—Representation (DEVIATION MAY 2026) 52.212-1 -- Instructions to Offerors—Commercial Products and Commercial Services (DEVIATION MAR 2026) 52.217-5 – Evaluation of Options (DEVIATION OCT 2025) 52.229-11 -- Tax on Certain Foreign Procurements—Notice and Representation (DEVIATION OCT 2025) 52.233-2 -- Service of Protest (SEP 2006) 52.240-90 -- Security Prohibitions and Exclusions Representations and Certifications (DEVIATION MAR 2026)

Provisions incorporated by full text:

52.212-2 -- Evaluation—Commercial Products and Commercial Services (DEVIATION MAR 2026)

(a) Evaluation factors. 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 will be used to evaluate offers:

Award Basis: The Government will award a single, firm-fixed-price contract to the responsible quoter whose quote is responsive to the solicitation, conforms to all requirements of the Performance Work Statement (PWS), and represents the Lowest Price Technically Acceptable choice. Tradeoffs are not permitted. Quotes will be evaluated under two primary factors: Technical Acceptability and Price.

Technical Acceptability Standards: To be determined technically acceptable, the quoter's technical approach must receive a "Pass" score on all of the following subfactors:

Subfactor 1: Equipment & Staffing Capacity. The quoter must explicitly detail their physical asset list and crew deployment plan to demonstrate capability to clear service areas in Appendix 1 within the mandated windows (prior to 6:00 AM for ≥2" accumulation).

Subfactor 2: Experience & Past Performance. The quoter must demonstrate a satisfactory performance record on similar large-scale footprints.

Subfactor 3: Operational Conformance. The quoter must provide an affirmative statement confirming adherence to the geographic piling restrictions shown in Appendix 1.

(b) Options (if applicable). 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. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer 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 provision)

52.219-1 -- Small Business Program Representations (DEVIATION JAN 2026)

(a) Definitions. As used in this provision- 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 concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern means a small business concern that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) 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 the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 561730.

(2) The small business size standard is $9.5m.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that—

(i) it □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small disadvantage business concern.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern]. The offeror represents as part of its offer that it □ is, □ is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.

(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—

(1) Punished by imposition of fine, imprisonment, or both;

(2) Subject to administrative remedies, including suspension and debarment; and

(3) Ineligible for participation in programs conducted under the authority of the Act.

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): http://www.acquisition.gov/far/

(End of provision)

52.252-5 -- Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of Interior Acquisition Regulation. (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.