B08_SOL_SF_1449_140D0422Q0236.pdf

INSTRUCTIONS TO OFFEROR’S

The Department of the Interior (DOI)/Interior Business Center (IBC), Acquisition Services Directorate (AQD) on behalf of the Appraisal and Valuation Services Office (AVSO) is issuing a request for quotation for land appraisal of AVIS Project Number: 140D0423Q0236, for Case Name: Fort Berthold Market Value Appraisals.

This requirement is set-aside for Indian Small Business Economic Enterprise (ISBEE).

SOLICITATION/AWARD PROCEDURES

This Request for Quote (RFQ) is issued in accordance with FAR Part 12, the acquisition of commercial items and FAR Part 13 Simplified Acquisition Procedures.

ANTICIPATED AWARD TYPE

Full and Open Competition NAICS: 531320 Offices of Real Estate Appraisers PSC: R411; Support-Professional: Real Property Appraisals.

Type of Contract: Firm-Fixed-Priced (FFP)

SERVICE AND SUPPLIES

Requirement are provided in the Statements of Work.

DELIVERY/PERIOD OF PERFORMANCE

The target period of performance will be determined at the contract award. See Performance/Deliverable Requirements specified in Section 3 of the SOW.

LINE-ITEM PRICING

CLIN

No.

Description Total

Price 00010 Land Appraisal Services for Case Name: Fort

Berthold Market Value Appraisals

As FFP requirement the pricing within an offeror’s quotation shall reflect the cost to perform the assignment to include but not limited to any travel, fees, Government discounts granted.

GENERAL REQUIREMENTS

Cover letter no more than 1 page that includes:

• Tax Identification Number (TIN)

• Unique Entity Identifier (UEI)

• Complete Business Mailing Address

• Contact Name

• Contact Phone

• Contact Email Address

• Quotation Date

• Quotation Expiration date (60 days)

TECHNICAL QUALIFICATION FOR REQUIREMENT

The quotation shall include all the following information:

Factor 1 – State Certification

a. The appraiser must hold a current certified general appraiser license from the State of North Dakota as demonstrated by a copy of their State Licensing Certificate or have obtained a temporary practice permit for the State of North Dakota prior to submitting a bid. If the appraiser is licensed in another state and applying for a license in the subject jurisdiction, he/she must provide a copy of his/her current state license. If successful, the vendor will have any temporary licenses in place prior to accepting the assignment.

Factor 2 -Technical Acceptability

a. Experience for Assignment: Both geographical competency and technical competency will be considered.

The contractor shall provide a standard Appraiser’s Statement of Qualification and a signed proposal letter that describes and attests to the following:

i. Identify years of experience appraising agricultural comparable tracts of improved properties and unimproved land within similar areas of North Dakota and Indian Reservations.

ii. Identify years of experience appraising lands for federal sale or acquisition under both USPAP and UASFLA guidelines.

iii. Provide a list of at least three (3) agricultural appraisal assignments for similar lands in North Dakota, completed within the past ten years. The list should include location, acreage, improved or unimproved, date of report or date of value and zoning.

iv. Provide years of appraisal experience as a Certified General Appraiser, professional affiliations, and designations

v. A designation from a recognized professional appraisal organization will be considered but is not required please submit documentation of the same.

b. Qualifications of Associate Appraisers: Any associates expected to contribute to the appraisal must be identified in the proposal and a statement of qualifications and copy of license or permit must be provided for each individual. Those qualifications will be considered in the evaluation of proposals, with emphasis on professional designations and license, years of appraisal experience, and extend of education applicable to the appraisal of rural real estate. An expanded description of these qualifications for any key associates is recommended and may be included in the proposal. Sub-contracting of this assignment is not permissible.

Factor 3 – Past Performance

a. Submit a list of the USPAP compliant appraisal reports that the appraiser(s) have performed in the last five (5) years. Include property type, general location, agency, contact information, etc. If completed for the AVSO or its predecessor organizations ITPVD or OVS the above information can be substituted by including the OASIS number or the case number.

b. Submit one sample of comparable sale write up sheet for vacant land comparable sale and one sample of comparable sale write up sheet for an improved comparable sale.

Factor 4 – Delivery/Inspection Date

The target date for the initial appraisal report is 90 days from the award of the contract. If the target dates are not achievable, then the contractor may request in writing alternative delivery dates up to a 30-day extension and the reason for the later delivery. Early delivery is preferable.

Factor 5 – Price Quote

a. The Quoter must provide a firm-fixed price quote with any and all discounts applied for all the work to complete the assignment described in the Statement of Work (SOW).

b. Price quotes will be evaluated for completeness and reasonableness.

EVALUATION OF QUOTATIONS:

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. Award of this Contract will be made on a Best Value/Trade Off basis. The following factors shall be used to evaluate offers State Certification, Technical Acceptability, Past Performance, Delivery/Inspection Date, and Price Quote.

State Certification, Technical Acceptability, Past Performance, and Delivery/Inspection Date, when combined, are more important than 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 provision)

Further past performance determinations in federal contracting shall be made through a review of relevant information listed within the System of Award Management (SAM) and the Contractor Performance Assessment Reporting System CPARS).

All offerors are required to have an active SAM UEI and registered in www.SAM.gov registration prior to submission of quotation.

SUBMISSION OF QUOTE

Submissions of Quote to this RFQ shall be sent to Mike McGuire, Contracting Officer, Daniel Wheeler, Contract Specialist, Michelle Thomas, Contract Specialist, via email at Mike_McGuire@ibc.doi.gov, Daniel_Wheeler@ibc.doi.gov, and Michelle_Thomas- Ellis@ibc.doi.gov on or before 4pm Eastern Time, January 25, 2023. All submissions shall reference “Quote – 140D0423Q0966” included in the subject line.

http://www.sam.gov/ mailto:Mike_McGuire@ibc.doi.gov mailto:Daniel_Wheeler@ibc.doi.gov mailto:Michelle_Thomas-Ellis@ibc.doi.gov

SUBMISSION OF QUESTIONS

Submissions of Questions to this RFQ shall be sent to Mike McGuire, Contracting Officer, Daniel Wheeler, Contract Specialist, Michelle Thomas, Contract Specialist, via email at Mike_McGuire@ibc.doi.gov, Daniel_Wheeler@ibc.doi.gov, and Michelle_Thomas- Ellis@ibc.doi.gov on or before 4pm Eastern Time, January 23, 2023. All submissions shall reference “Quote – 140D0423Q0966” included in the subject line.

mailto:Mike_McGuire@ibc.doi.gov mailto:Daniel_Wheeler@ibc.doi.gov

UNITED STATES DEPARTMENT OF THE INTERIOR

OFFICE OF THE SECRETARY

Appraisal and Valuation Services Office

Billings, MT 59101

STATEMENT OF WORK

Fort Berthold Market Value of 20 Allotments

The purpose of this Statement of Work (SOW) is to provide instruction and minimum appraisal standards to appraisers for the valuation assignment detailed below. This SOW outlines certain criteria that must be followed as required content in an appraisal report prepared for Appraisal and Valuations Service Office (AVSO).

The Appraiser must read and fully understand the contents of this SOW before continuing the assignment as many aspects of the appraisal report have been detailed throughout. This Statement of Work is to be an attachment to the Appraisal Request and must be included, along with the request in the final appraisal report. Failure to abide by the terms and conditions of Appraisal Request and this Statement of Work may result in an omission of required substance and therefore the return or rejection of the Appraisal Report for non-compliance reasons.

Assignment Elements

AVSO File # See attached list pages 5 & 6 AVIS # See attached list pages 5 & 6 Client: U.S. Department of Interior’s, Appraisal and Valuations Services Office (AVSO) Intended Users: AVSO, Fort Berthold BIA Intended Use: The intended use of this appraisal is to assist the client and intended users with approval of a negotiated sale or exchange of agricultural and residential lands.

Definition of Market Value:

Federal regulations prescribe the definition of market value for use in negotiating a sale of Indian trust land as:

"Market Value". MARKET VALUE The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all condition’s requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress.

Source: The Appraisal of Real Estate Appraisal, 15th Edition, The Appraisal Institute

Property Rights to be Appraised:

The purpose of the appraisal is to form an independent opinion of the market value of the fee simple estate of the defined property.

Effective Date: Assignment conclusions should be effective as of the date of inspection unless otherwise noted by the client or the Appraisal Request.

Subject Property: The subject of the appraisal is the Allotted lands identified in the Statement of Work addendum. These Allotments may have various Highest and Best Uses, such as agriculture and rural home sites. No structural improvements are to be appraised under this assignment. The subject of the appraisal is the Allotted land identified in the Statement of Work addendum. No structural improvements are to be appraised under this assignment.

Property Exhibits: Upon award of the appraisal contract AVSO & BIA will provide relevant property information, including but not limited to: Legal Description, Aerial photography, Appraisal Request, and Title Status Report.

Assignment Conditions Appraiser Qualifications:

This appraisal assignment prescribes a State Certified General Appraiser in good standing in the state in which the subject property is located. The Appraiser needs to be licensed or certified or hold a temporary permit in the State prior to accepting the assignment. The engaged appraiser must sign the report.

Applicable Regulation:

This appraisal assignment shall be performed in accordance with guidelines established by the current edition of the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisal shall be an Appraisal Report, as identified by USPAP SR-2(a). See USPAP AO-28 for clarification.

Confidentiality: The appraisal report and all information furnished by the BIA or AVSO to the Appraiser are to be considered confidential.

Extraordinary Assumptions:

None. If the appraiser determines that extraordinary assumptions are necessary for the completion of the assignment, he/she must contact the AVSO Review Appraiser for prior written approval.

Hypothetical Conditions:

The valuation of the subject property in fee simple title is a hypothetical condition, the use of which may affect the assignment results. There are two authorized Hypothetical Conditions:

1. The property rights for trust land held by the United States on behalf of the Indian or Tribe are assumed to be equivalent to fee simple status, although the allotment can consist of numerous fractional interests that have never been legally partitioned from the whole.

2. For the purpose of the analysis, the subject parcel is assumed vacant and unimproved.

The Appraiser must invoke the above hypothetical conditions. If the appraiser determines that any additional hypothetical conditions are necessary, he/she must contact the AVSO Review Appraiser for prior written approval.

Inspection: The engaged appraiser will physically inspect the subject property unless such inspection is waived, in writing by AVSO. Extent of inspection should be sufficient to adequately identify those characteristics which impact the estimate of fair market value. Access to the property shall be coordinated with BIA and or Landowner.

Personal Property, Fixtures and Improvements:

There are no Improvements on the subject property to be included in the Appraisal. If improvements are present on inspection they should be noted and described in the report but not valued. Only land improvements should be included in the market value.

Market Value Analysis:

The extent of market analysis should be sufficient to accurately characterize the market for such properties including those characteristics that impact agricultural and residential values. Recent transactions of relevant residential, farming and grazing sales should be researched, confirmed, and analyzed, including private treaty, arms-length sales, and trust or restricted land sales. Inspection of comparable data detailed in the analysis is required, unless waived in writing by (AVSO) prior to report completion.

AVSO will make available the most recent comparable sales that AVSO has at the time of award to the successful vendor. AVSO will also make any subject property maps available to the vendor at time of award.

Appraisal The Sales Comparison Approach is the only relevant valuation methodology

Methodology: anticipated in this assignment. The Cost, nor the Income Approach to Value is not applicable nor necessary and is not a violation of USPAP.

Minimum Appraisal Report Content:

The appraisal report must meet or exceed those requirements set forth in USPAP SR 2-2(a). Additionally, the appraisal must include the following:

• Cover Page must prominently identify the USPAP Reporting Option (Appraisal Report), as well as the Client, Property Identification, Appraisal Request Number and BIA AVIS number, Effective and Report Dates.

• Subject and comparable property descriptions should contain enough information to allow the intended users of the appraisal to adequately visualize the relevant characteristics. (e.g., legal description, land uses, type and quality of access, improvements, source and adequacy of fencing and water supply for grazing), vegetative cover, soil types, topography, etc.). All comparable sales used should be confirmed, analyzed, and reported in similar detail and consistent fashion to the subject property.

• The report must contain at a minimum an aerial photograph with the estimated property boundary for the subject and each of the comparable sales and a photograph from the property inspection, unless waived by (AVSO). Additional maps, surveys and plats may be included if germane to the appraisal problem. A comparable sales location map is required.

The Aerial photographs must not be so dated that they do not accurately represent the property as it physically existed on the date of inspection.

Any unusual property features must be photographed from ground level and included in the report.

• Ownership and History of Property (summarize analysis of the most current Title Status Report (TSR) on the property). Reconcile any significant differences in current sales and Market Value conclusion.

• Sales Comparison Approach: The analysis must include a summary of the relevant market data in grid or tabular form; sales comparable data should be transacted in similar market conditions, and in areas appropriate for the effective date.

• The preferred method of adjusting comparable data includes adequately supported, quantitative adjustments (%, $/acre, etc.). Qualitative adjustments (similar, inferior, or superior) are acceptable when there is insufficient data to support more specific adjustments. All comparative adjustments must be narratively supported by clear, appropriate, and credible analysis based on documented market research. The level of detail should be commensurate with the complexity of the property type and the transaction, but at a minimum, the analysis must include a discussion of relevant characteristics and how the unit price from each of the comparable sales relates to the subject. The data must be narratively reconciled into a point estimate of value.

Report Exhibits: The Appraisal Request, this Statement of Work, and pages 1 & 2 of the Contract Award document, and any documents provided with the request must be attached as an addendum to the appraisal report.

Deliveries: The completed appraisal report shall be formatted to 8.5” x 11” page size and delivered to AVSO in electronic (.pdf) format, unless otherwise instructed in writing by AVSO. Targeted performance period for completion of all the appraisals is 60 days from date of contract award. AVSO will review for compliance and acceptance and has 30 business days for review.

Review: The Appraisal report will be reviewed in its entirety for compliance with USPAP, Appraisal Request and this SOW. Deficiencies will require correction. Appraiser agrees to promptly correct (within 10 business days), all errors, omissions, and deficiencies and agrees to revise, expand upon, or clarify report contents, by providing additional data or analysis as required by the reviewer, including, if requested, the appraiser’s work file. AVSO has 30 days to review all appraisals for compliance.

Subject Property Questions

Questions regarding the legal description, inspection, access, other special issues, or concerns about the characteristics of the subject property, and appraisal development or reporting issues should be directed to the AVSO review appraiser.

Questions regarding payment for the appraisal should be directed to the AVSO review appraiser or the contracting officer identified in the contract award.

Contact Information:

Monty J. Banks, SR/WA Review Appraiser

(406)-698-8430 Monty_banks@ios.doi.gov

Indian Trust Property Valuation Division, Rocky Mountain Region Appraisal and Valuation Services Office

(AVSO)

United States Department of the Interior 2021 4th Avenue North, Suite 101 Billings, Montana 59101

Case Number Allot # Market Value Acres County Part Sec Rge Twn

A04-301-2019-7195 3019 M V 80.00 McLean E2SW 9 148 89

A04-301-2021-2680 235 A M V 134.80 McLean S2NW 5 148 89

Needs own OASIS# 1287 M V 80.00 McLean E2NW 8 148 89

A04-301-2022-6048 24 M V 160.00 McLean SE 6 149 90

A04-301-2022-6051 1066 M V 40.00 McLean SWSE 1 148 90

A04-301-2022-6052 1067 M V 20.00 McLean E2SESE 12 148 90

A04-301-2022-6053 1067-A M V 20.00 McLean W2SESE 12 148 90

A04-301-2022-6054 1069 M V 80.00 McLean E2NE 12 148 90

A04-301-2022-6055 1071 M V 40.00 McLean NENE 24 148 90

A04-301-2022-6058 209A M V 160.00 McLean SW 11 150 90

A04-301-2022-6059 212A M V 160.00 McLean S2NE; N2SE 1 148 90

A04-301-2022-6060 216A M V 191.00 McLean S2NW; Lot 1, 2, 3, 4 1 148 90

A04-301-2022-6061 25 M V 40.00 McLean NESW 6 149 90

A04-301-2022-6049 1014A M V 160.00 Dunn SW 3 148 92

1014A M V 160.00 Dunn NW 10 148 92

A04-301-2022-6050 1017A M V 160.00 Dunn NE 16 148 92

A04-301-2022-6056 1701

M V

80.00 Dunn N2NE, N2NW, E2SENE 28 147 93

A04-301-2022-6057 1753

M V

140.00 Dunn N2NE, N2NW, E2SENE 28 147 93

A04-301-2022-6062 379 M V 60.00 Dunn SWNW, SENW 8 148 91

A04-301-2022-6063 813A-B M V 160.00 Dunn SE 29 149 93

A04-301-2022-6064 378A M V 160.00 Mountrail NW 11 150 93

CONTRACT CLAUSES

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

52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2021) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

(End Clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2022)

(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 and Other Covered Entities (Nov 2021) (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) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(6) 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)).

https://www.acquisition.gov/

(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. 2402).

(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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

(10) [Reserved].

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15

U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C.

644).

644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C.

(ii) Alternate I (Mar 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C.

637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 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 2021) of 52.219-9.

(18) (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.

X (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Sep 2021) ( 15 U.S.C. 657f).

(22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (

15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) ( 15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

(31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

(32) (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.

(33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

_X_ (35) (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).

(36) 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 FAR 22.1803.)

(37) (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.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun2016) (E.O. 13693).

(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) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)

( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

(ii) Alternate I (Jan 2021) of 52.225-3.

(iii) Alternate II (Jan 2021) of 52.225-3.

(iv) Alternate III (Jan 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X_ (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 Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

(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 (Nov2007) ( 42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(56) 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. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct2018) ( 31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C.

637(d)(13)).

(63) (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).

(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).

(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 (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) 52.203-19, 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)).

(iii) 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).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 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.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

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

(xi) 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.

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

(xiii) (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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. 2302 Note).

(xxi) 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.

(xxii) 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)

DIAR 1452.201-70 Authorities and delegations (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

DIAR 1452.280-3 Indian Economic Enterprise subcontracting limitations.

A contractor shall not subcontract more than the subcontract limitations specified under FAR 52.219-14 to other than responsible Indian Economic Enterprises when receiving an award under the Buy Indian Act.

For this purpose, work to be performed does not include the provision of materials, supplies, or equipment.

As prescribed in 1480.503(e)(3), insert the following clause in each written solicitation or contract to provide supplies, general services, A-E services, or construction:

Indian Economic Enterprise Subcontracting Limitations (FEB 2021)

(a) Definitions as used in this clause.

(1) Concern means any business entity with a place of business located in the United States or its outlying areas and that makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, materials and/or labor, etc. It includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of making affiliation findings (see FAR 19.101), it includes any business entity, whether or not it is organized for profit or located in the United States or its outlying areas.

(2) Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract.

(3) Subcontractor means a concern to which a contractor subcontracts any work under the contract.

It includes subcontractors at any tier who perform work on the contract.

(b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14 Limitations on Subcontracting clause in allocating what percentage of work to subcontract. The contractor shall not subcontract work exceeding the subcontract limitations in FAR 52.219-14 to a concern other than a responsible Indian Economic Enterprise.

(c) Any work that an IEE subcontractor does not perform with its own employees shall be considered subcontracted work for the purpose of calculating percentages of subcontract work in accordance with FAR 52.219-14 Limitations on Subcontracting.

(d) Cooperation. The contractor must:

(1) Carry out the requirements of this clause to the fullest extent; and

(2) Cooperate in any study or survey that the CO, Indian Affairs, or its agents may conduct to verify the contractor's compliance with this clause.

(e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for supplies, general services, A-E services, and construction awarded under this contract.

LOCAL CLAUSES

Limitation on Subcontracting Report

In order to ensure compliance with FAR 52.219-14, Limitations on Subcontracting, the contractor shall submit a report (attachment 1) to the Contracting Officer when the initial appraisal is submitted.

If the Contractor’s costs* are below the minimum performance measures stipulated at FAR 52.219-14, the Contractor shall provide a detailed mitigation plan on how it is going to cure its failure to comply with 52.219-14. This mitigation plan shall be provided to both the Small Business Administration and the Contracting Officer. The Contracting Officer will evaluate the plan to assess the adequacy. This clause does not limit the rights and remedies of the government under other contract clauses, including but not limited to the default or termination provisions of the contract.

*As stipulated in FAR 52.219-14

Disclosure of Information Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

Release of Information

No news release (including photographs and films, public announcements, denial, or confirmation of same) on any part of the subject matter of this effort or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer.

The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft, and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the Contractor shall insure that the cover of all interim, draft, and final reports contain the following statement: "The view, opinions, or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy, or decision, unless so designated by other documentation."

There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this effort without prior written approval from the Contracting Officer.

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work described herein, i.e., on a “need to know” basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection

(a) to any person unless prior written approval is obtained from the Contracting Officer.

The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Local Clause)

DOI-AAAP-0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Sept 2017) 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 (CO to edit and include the documentation required under this contract):

AN ORIGINAL INVOICE MUST BE ATTACHED

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)) 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 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)

(END OF LOCAL CLAUSES)

http://www.ipp.gov/ mailto:ippgroup@bos.frb.org

CONTRACT PROVISIONS

52.252-1…