B08_SOL_VA_Environmental_IDIQ_-_DRAFT_12_18_2024_1.docx

SECTION E – OFFEROR’S REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

DEPARTMENT OF VETERANS AFFAIRS (VA),

OFFICE OF CONSTRUCTION AND FACILITIES MANAGEMENT (CFM)

PROFESSIONAL ENVIRONMENTAL, HISTORICAL, SUSTAINABILITY

AND RELATED SUPPORT SERVICES

INDEFINITE DELIVERY / INDEFINITE QUANTITY (IDIQ)

PERFORMANCE WORK STATEMENT (PWS)

1.0 GENERAL

1.1 Objective: The objective of this IDIQ is to provide advice and assistance on environmental, historic preservation and sustainability issues, such as the analysis of potential environmental impacts from proposed projects; control of environmental contamination from pollutants, toxic substances, and hazardous materials; endangered species, storm water pollution prevention, spill control and countermeasures, wetland, watershed, and other natural resource management plans; archaeological and/or cultural resource management plans. This includes identifying problems (e.g., inspect buildings for regulated materials), measure and evaluate risks, and recommend solutions. Multi-disciplined staff of scientists, engineers, and other technicians with expertise in areas such as National Environmental Policy Act (NEPA) compliance, air and water quality, asbestos, remediation, ecological restoration, and environmental regulatory compliance such as Planning and Documentation Services for the development, planning, facilitation, coordination, and documentation of and / or for environmental initiatives (or mandates such as executive orders in areas of chemical, radiological, and/or biological materials; International Organization for Standardization (ISO) 14001 Environmental Management System (EMS) and sustainable performance measure development; Environmental Assessment (EA) and Environmental Impact Statement (EIS) preparation under NEPA as well as the National Historic Preservation Act (NHPA) compliance with Section 106 with consultation support, historic/cultural resources studies, programmatic agreement or memorandum of agreement development and Phase I and II archeological investigations, In addition, NHPA Section 110 support with development of National Register of Historic Places (NHRP) determination of eligibility studies (DOE) and drafting of NRHP nominations.

1.2

1.3 Location of Work: Services provided under this contract will encompass multiple locations throughout the Contiguous United States, Alaska, Hawaii, and outlying areas. The work will require travel to work sites and Government properties based on the requirements as per task order requirements issued under this contract. Specific locations of performance will be identified in each Task Order.

1.4 Period Of Performance: The period of performance for this IDIQ shall be a one-year base period and four, one-year option periods. The period of performance on each task order shall be determined at the task order level.

1.5 Invoicing: Invoice shall be determined by each individual task order under the IDIQ.

1.6 Organizational Conflicts of Interest: In accordance with FAR Subpart 9.5, Contractors shall inform the Contracting Officer (CO) of any situation in which a contractor’s other activities or relationships with other entities could potentially impair its objectivity or give an unfair competitive advantage. Or, when the contractor’s ability to provide impartial objective advice or assistance to the Government is undermined by other business relationships or activities.

1.7 Key Personnel: Key Personnel under this contract are as identified in the table below and must meet the minimum qualifications as stated. Key Personnel must be replaced within 30 days of a vacancy and the Contractor shall notify the CO/Contracting Officer Representative (COR) of any vacancies within 2 business days and address how they intend to fill the vacancy and any potential impact on task order requests.

At the task order level, any requests for approval of substitutions of Key Personnel must be submitted to the CO/COR for approval, with an explanation of circumstances and qualifications of the substitute.

Primary Responsibilities:

· Plan, organize, and supervise environmental analyses and documentation

· Provide strategic direction, manage subcontractor efforts, and oversee quality assurance

Special Requirements:

· Order Managers, and other government and contractor personnel

· Degree must be in engineering, or scientific discipline.

Minimum Education and Experience:

· Bachelor’s degree in engineering or scientific discipline and 15 years of project management experience.

· Doctorate degree in engineering or scientific discipline and 10 years of project management experience

Primary Responsibilities:

· Leads the preparation of NEPA analyses.

· Provides internal technical reviews and quality assurance reviews Minimum Education and Experience:

· Bachelor's degree in planning, engineering, or scientific discipline and 10 years of NEPA experience.

· Doctorate degree in planning, engineering, or scientific discipline and 6 years of NEPA experience.

Primary Responsibilities:

· Plans field investigations, serves as onsite technical lead, oversees field team, leads development of reports and recommendations.

· Provides internal technical reviews, quality control, and quality assurance reviews

Special Requirements:

· Must meet standard for "Environmental Professional" as defined in Appendix X2 of ASTM Standard E1527-21: resume shall clearly demonstrate which criterion in paragraph X2.1.1.2 of the standard is met: (1) Professional Engineer’s or Professional Geologist’s license plus three years of full-time relevant experience; (2) federal, state, or tribal license per 40 CFR 312.21 plus three years of full-time relevant experience; (3) bachelor’s degree in engineering or science plus five years of full-time relevant experience; or (4) 10 years of full-time relevant experience. Relevant experience is defined as "participation in the performance of all appropriate inquiries investigations, environmental site assessments, or other site investigations that may include environmental analyses, investigations, and remediation which involve the understanding of surface and subsurface environmental conditions and the processes used to evaluate these conditions and for which professional judgment was used to develop opinions regarding conditions indicative of releases or threatened releases ... to the subject property."

· Must have an overall minimum of 10 years of full time experience leading, supporting, or contributing to environmental studies, impact evaluations, or field investigations.

Primary Responsibilities:

· Leads the determination of existing environmental conditions, analyzes impacts of proposed projects to the environment, prepares technical sections of environmental documents

· Provides technical reviews and quality assurance reviews

Special Requirements:

Degree must be in a relevant scientific discipline

Primary Responsibilities:

· Leads traffic, transportation, and parking studies and impact analyses.

· Provides technical reviews and quality assurance reviews Special Requirements:

Must have at least 12 years of full-time experience in traffic, transportation, and parking studies and impact analyses.

Note #1: A degree must be from an accredited college or university.

Note #2: The Government reserves the right to negotiate the inclusion of additional labor categories and/or position qualifications over the life of the IDIQ.

1.7 Historic Preservation Program (Pursuant to 36 CFR Part 61)

1.7.1 History

The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following:

1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historic organization or agency, museum, or other professional institution; or

2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history.

1.7.2 Archeology

The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus:

1. At least one year of full-time professional experience or equivalent specialized training in archeological research, administration, or management.

2. At least four months of supervised field and analytic experience in general North American archeology, and

3. Demonstrated ability to carry research to completion.

In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period.

1.7.3 Architectural History

The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field with coursework in American architectural history or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one of the following:

1. At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or

2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.

1.7.4 Architecture

The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture; or a State license to practice architecture.

1.7.5 Historic Architecture

The minimum professional qualifications in historic architecture area professional degree in architecture or a State license to practice architecture, plus one of the following:

1. At least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or

2. At least one year of full-time professional experience on historic preservation projects.

Such study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects.

1.8 Sustainability Program

1.8.1 Mechanical Engineer with a minimum of a bachelor’s degree in mechanical engineering or a related field, with a background of 10+ years in energy and water management. Experience with design of mechanical systems for healthcare facilities is preferred. Proficiency in optimizing energy and water efficiency is required. Background in transitioning existing steam systems to electric systems is preferred. Background in design and/or analysis of renewable energy systems and energy storage systems is preferred. Professional credentials related to energy management are preferred.

1.8.2 Sustainability Engineer / Architect with a minimum of a bachelor’s degree in any field of engineering or architecture, with a background of 10+ years in sustainable design and construction. Professional credentialing with the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) is required. Sustainable healthcare facility design is preferred.

1.8.3 Climate Resilience subject matter expert with a minimum of a bachelor's degree in engineering, architecture, or professional registration in engineering. Must have a minimum of five years’ experience evaluating facilities and infrastructure for climate risk and proposing solutions to reduce risk.

1.8.4 Sustainable Materials subject matter expert with a minimum of five years’ experience evaluating the environmental impact of various construction materials, including recyclability, recycled content, biobased content, ozone depleting substances, embodied carbon, embodied energy, and waste reduction and diversion concepts. Bachelor’s degree in any related engineering, architectural, or material sciences field is preferred.

3. 1.8.5 Sustainable Construction Specifications subject matter expert with a minimum of a bachelor’s degree in any field of engineering or architecture and five years’ experience writing construction specifications for projects pursuing green building certification. Must have and maintain a current Leadership in Energy and Environmental Design Accredited Professional (LEED AP), Building Design + Construction (BD+C) credential.

1.9 Facility Conditions Assessment Program

1.9.1 Senior Project Manager – Minimum of 10 years Project Management experience. A Senior Project Manager shall be a registered architect or engineer, with expertise in facility assessment, contract administration, cost estimating, specifications, management of facility assessment teams with multiple disciplines, knowledge of relevant building codes, VA design standards, and the latest methods in facility management and assessment.

1.9.2 Architect(s) – Shall be a registered architect with a minimum of 10 years’ experience, with medical facility design experience, cost, knowledge of the relevant building codes, VA Design Standards, Life Safety Code (NFPA 101), the Americans with Disability Act (ADA), and OSHA, ASTM standards.

1.9.3 Civil Site / Sanitary Engineer(s) – Shall be a registered professional engineer with 10 years’ experience with civil / site engineering and sanitary design, facility assessment, site development, sanitary design, utility design, design of roadways, cost, landscaping, current building codes, ADA, National Environmental Policy Act regulations EPA, Federal Water Pollution Control Act, National Pollutant Discharge Elimination System (NPDES), and VA Civil Design Standards.

1.9.4 Electrical Engineer(s) – Shall be a registered professional electrical engineer with a minimum of 10 years’ experience in electrical design, power distribution systems, emergency power, lighting, fire alarm, health care communications systems, cost, sustainability, and knowledge of the latest of VA Electrical Design Standards, National Electrical Code (NEC), NFPA 72, NFPA 99 and 101.

1.9.5 Mechanical Engineer(s) – Shall be a registered professional mechanical engineer with 10 years’ experience with mechanical and plumbing design, cost, sustainability, NFPA 99 101, ASHRAE standards, ASME standards, ANSI standards, ASTM, IBC, Underwriter’s Laboratories, Inc. (UL) ratings, and VA Mechanical design standards.

1.9.6 Structural Engineer(s) – Shall be a registered professional structural engineer with experience in structural design of both vertical and horizontal construction, concrete design and analysis, structural steel, timber construction, cost estimating,, masonry, foundations, lateral load, and both wind and seismic design standards. Have a working knowledge of structural and building codes and design manuals including the latest editions of ACI 318, AISC, and UBC, Standard Building Code, BOCA, AWS,CRSI handbook., and VA Structural design standards.

1.9.7 Transport Engineer(s) – Shall be a transport designer with 10 years of experience with materials handling, automatic transport systems, specifications, and costs.

1.9.8 Cost Estimator(s) – Must have 10 years’ experience as a minimum in the preparation of detailed construction cost estimates for healthcare facilities and a bachelor’s degree in architecture, engineering, or construction management.

1.9.9 Fire Protection Engineer – Shall be a registered fire protection engineer with experience in application of National Fire Protection Association (NFPA) Codes and Standards, relevant building codes; design and review of automatic sprinkler and firm alarm systems including shop drawings and hydraulic calculations; design of health care facilities; and (4) acceptance (4) acceptance tests of fire protection systems.

2.0 DESCRIPTION OF SERVICES

2.1 Requirement is to provide professional environmental, historic preservation, and sustainability services in support of the U.S. Department of Veterans Affairs (VA) Office of Construction & Facilities Management (CFM), Veterans Health Administration (VHA), and National Cemetery Administration (NCA) within its assigned mission areas wherever VA-owned or operated facilities are or may be proposed to exist. Task orders issued under this contract may provide one or more of a wide range of environmental, historic preservation and sustainability services. All guidance identified within each the task order will be followed. Performance Work Statement (PWS) functional areas or similar type work include, but are not limited to, the following areas:

2.2 Site / Property / Facility Environmental Investigation and Filed Studies:

· Phase I environmental site assessment (ESA)

· Phase II ESA / limited site investigation

· Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) preliminary assessment, site inspection, remedial investigation/feasibility study, proposed plan, record of decision, remedial design, and engineering investigation / cost analysis

· Resource Conservation and Recovery Act (RCRA) facility assessment, facility investigation, corrective measures study

· Treatability / compatibility study

· Soil, groundwater, surface water, soil vapor, and indoor air sampling

· Storage tank leak investigation and tightness testing

· Utilities survey

· Hydrology / stormwater survey / site study

· Traffic, transportation, and parking study / impact analysis

· Biological survey

· Topographic survey

· Geotechnical/subsurface investigation and study

· Wetland survey, delineation, and jurisdictional determination

· Noise assessment

· Asbestos-containing materials survey

· Lead-based paint study

· Phase I archaeological investigation

· Phase II archaeological investigation

· Phase III archaeological investigation

· Historic / cultural resources study

· Greenhouse gas inventory

2.3 Compliance and Consultation Studies, Reports and Activates:

· Regulatory compliance requirements determinations

· NEPA environmental assessment and finding of no significant impact.

· NEPA environmental impact statement and record of decision

· State-level NEPA assessments including California Environmental Quality Act

· Coastal Zone Management Act federal consistency

· National Historic Preservation Act (NHPA) Section 106 consultation support with historic / cultural resources study and programmatic agreement or memorandum of agreement development.

· Phase I and II archaeological investigations.

· NHPA Section 110 support with development of National Register of Historic Places (NRHP) determination of eligibility (DOE) studies and drafting NRHP nominations.

· Endangered Species Act biological assessment and consultation support

· State-level species protection compliance, consultation, and coordination support

· Regulatory coordination

· Permit drafting and support including but not limited to federal, state, and local permits or licenses for air emission, water discharge, waste management, hazardous materials management, nuclear materials management, site disturbance, tree removal, and any other requirements related to acquire, develop, and operate VA facilities and property

· Public involvement, public meetings, publications, and websites

· Stakeholder coordination support

2.4 Plans and Guidance:

· Environmental, historic / cultural, sustainability manuals, guidance, processes, user guides

· Land use control implementation plan

· Waste management plan

· Hazardous materials management plan

· Stormwater pollution prevention plan

· Cultural / historic resource management plan

· Natural resource management plan

· Accident prevention plan

· Site- or project-specific safety and health plan

· Communication plans

2.5 Scientific / Technical Analyses and Assessment: Healthcare Planning / Service Delivery Plan Studies and Analyses

· Human health risk assessment

· Ecological risk assessment

· Fate and transport modeling and analysis

· Sustainability analysis studies, reports, documentation

· Geographic Information Systems (GIS) product development

· GIS-based studies and assessments

· Site surveys, mapping including digital geophysical mapping

· Facility Condition Assessment / Baseline Analysis Assessment / Technical Studies

2.6 Other Support and Services:

· Advice or assistance on environmental issues

· Structural, mechanical, electrical, architectural, geotechnical, geological, civil, environmental, cost engineering, and other engineering services support. Note: a task order will not include services defined as “Architect / Engineer” in FAR 2.101 to a dominant or significant extent.

· ISO 14001 environmental management system support

· Other professional services supporting VA environmental, historic / cultural, and sustainability programs and projects as required to support execution of VA mission

· Leadership in Energy and Environmental Design (LEED) certification

3.0 Deliverables

3.1 The general requirement outlined shall be implemented by the Government’s issuance of each task order under this IDIQ contract. Each task order will provide specific requirements and supplemental information in the execution of the work, which may include reports, assessments, management plans, and other required documentation to support the Government(s) operations. Task orders will be firm-fixed price (FFP) which will include all labor, travel, and other direct costs (ODCs) for each task order.

3.2 All draft and final deliverable documents for each task order shall be delivered to the Government in Microsoft Word 2016 or later (or native format for graphics and spreadsheets) for ease of review and commenting, and as Adobe PDF files for final reports. Files shall be delivered in electronic formats that can be revised or updated by the government. Documents destined for public distribution shall be 508-compliant. Files larger than 20 megabytes shall be delivered by a file-sharing site accessible to the Government. Further guidance may be identified within each task order.

4.0 Compliance Requirements

4.1 All work performed under this IDIQ shall comply with all applicable federal, state, and local rules, regulations, and guideline laws, including but not limited to NEPA, National Historic Preservation Act (NHPA), Clean Water Act, Clean Air Act, and other environmental and historical preservation and sustainment laws and regulation.

5.0 Quality Assurance

5.1 Contractors are required to follow industry best practices and ensure high standards of quality in delivering services. Each task order may include specific quality assurance guidelines and performance metrics. Contractors are responsible for the professional quality, technical accuracy and coordination of all work and materials produced and furnished by the contractor’s staff and any sub-consultants.

5.2 Quality Management Plan (QMP): Within 30 days of base contract award the Contractor shall submit a Quality Management Plan (QMP) for review and acceptance by the Contracting Officer. The QMP shall broadly describe the processes by which the contractor intends to ensure quality as broadly applied to each potential task order. The QMP shall be written with sufficient detail as to determine fault, generate lessons learned, and recommend internal improvement if a failure in quality occurs. The QMP shall be reviewed annually and resubmitted as improvements are made and submitted for acceptance by the Contracting Officer.

5.3 Government Review and Evaluation: The Government will review project submittals and work processes in accordance with each vendor’s QMP. The purpose of this review is to evaluate the adequacy of the contractor’s quality control system as applied to the products and methods employed on each task order. No less than annually, and at the conclusion of each task order, the Contracting Officers Representative will evaluate the contractor’s performance through the Contractor Performance Assessment Reporting System (CPARS) in the following categories (as applicable IAW FAR 42.1502(f)): Management, Quality, Schedule, and Cost. Other factors may be evaluated as applicable.

6.0 Communication

6.1 Meetings and Teleconferences: Periodic meetings shall be scheduled whenever requested by the contractor or directed by the CO or the COR for the resolution of questions or problems encountered in the performance of the work. Further guidance may be identified within each task order.

6.2 Written Records: Maintain (and provide upon request) a written record of all conferences, meetings, discussions, verbal directions, telephone conversations, etc., with Government representative(s) relative to this IDIQ per task order in which the contractor and / or a designated representative(s) participates. These records shall be dated and shall identify the IDIQ number, the task order number, and the PWS paragraph references, if applicable, participating personnel, subject discussed, action items, and conclusions reached. Minutes of significant meetings shall be provided to participants.

6.3 Monthly Status Reports: The contractor shall provide a monthly status report of each task order no later than the 10th calendar day of every month. Include a copy of the report as an attachment to each official invoice. Further guidance may be identified within each the task order.

6.4 Proactive Communication: The contractor shall notify the CO and COR of any discrepancies and / or ambiguities in the materials or instructions furnished during the execution of work awarded from this IDIQ. The contractor shall make notifications in writing within 10 days receiving the material or instructions.

6.5 Critical Issues: If, during the execution of work, the contractor becomes aware of critical information which has an immediate, significant, and compelling impact to the project in terms of safety, scope, schedule, cost, quality, or timely execution, as soon as practical, inform the COR and CO of the concern and its potential impacts.

6.6 Contractual Direction & Authorized Changes: Only the CO may authorize changes to the scope of the base contract or awarded task order. The contractor shall immediately notify the COR and CO if anyone except the CO requests that work be performed that is contrary to, in excess of, or less than the scope and intent of the awarded task order. The contractor shall not execute such changes unless concurrence is given by the CO, in writing through a task order modification. The COR is authorized to coordinate routine technical matters. The contractor shall consult the COR and CO before proceeding with any work where it is unclear whether a request is within the scope of each task order.

6.7 Public Disclosure of Information: The contractor shall make no public announcement or disclosure relative to information contained or developed under this IDIQ, except as authorized by the CO.

7.0 MISCELLANEOUS REQUIREMENTS

7.1 Electronic File Storage, Transmission and Access: The contractor shall provide a web-based system to manage the storage and transmission of project deliverables with VA. Access to relevant data and databases shall be available on-line to the government.

7.2 Government Furnished Information: Government furnished information may be provided at each task order. The contractor shall check the items furnished for adequacy and accuracy prior to utilization. The contractor shall prepare and submit a missing, incomplete, or ambiguous data report to ensure that the Government has provided complete and usable material for each task order. The Government-furnished data shall be returned upon completion of the contract.

7.3 Unlimited Rights: In accordance with FAR 27.404 (a), the Government will retain unlimited data rights for all data delivered other than limited rights data or restricted computer software as defined in section 27.404 (f).

8.0 Contractor On-Ramping / Off-Ramping Procedures

On-ramping: The Government reserves the right to announce a new competition (on-ramping) for the purpose of adding additional vendors, multiple award, IDIQ contract holders. On-ramping procedures may be implemented at any time over the life of the contract by reopening the competition and utilizing the same basis of award established in the original solicitation (140D0423R0060). Bureau customers will initiate the need for additional contract holders by contacting the Contracting Officer. The Contracting Officer will assess the need for additional support. Should additional support be required, the Contracting Officer will publicize a notice in SAM.gov, issue a solicitation amendment, and complete evaluation in the same manner as the initial solicitation (140D0425R0014). Contracts awarded utilizing the on-ramping procedures will include the same terms and conditions as those in the initially awarded contracts. The start date of the period of performance will be adjusted to the award date of any subsequent contract awarded, the end date will not be adjusted. The overall ceiling of the basic contract will not be revised as a result of on-ramping.

Off-ramping: Options will not be exercised and contractors will be off-ramped from the IDIQ for any of the following reasons: lack of participation in task order competitions, poor performance, contractual non-compliance – failure to comply with the contract terms and conditions, at the vendor’s request.

9.0 ORDERING INSTRUCTIONS

The purpose of this exhibit is to describe the process for competing Task Orders (TOs). After award of the IDIQ contracts, the Government may issue a Task Order Request for Proposals (TORP).

This competition will be limited to the IDIQ contract holders. TORPS may be issued for vendors in one region or for all regions, as specified in the TORP. If a TORP is issued only for vendors in a particular region, only vendors in that region will receive the TORP and be eligible to submit a response.

When submitting pricing for TORP requests, vendors will be permitted to provide discounts from their IDIQ pricing for those labor categories incorporated into the IDIQ. Vendors ARE NOT permitted to provide pricing that exceeds the ceiling prices established in Section A2 of the IDIQ Contract.

In some cases, vendors will be required to provide additional labor categories for the performance of task orders. In those cases, vendor provided pricing would need to be determined fair and reasonable before award is made.

Task Orders may include options.

Unless a TO requirement meets one of the exemptions listed in FAR 16.505 (b)(2), it will be considered a competitive requirement. Furthermore, each requirement will be considered an SDVOSB set-aside, regardless of dollar value in accordance with the IDIQ contracts.

The Government reserves the right to not award any order(s) after requesting a TORP proposal. Regardless of whether an order is awarded or not, the Government shall not be responsible for the any costs incurred in preparation of the TORP response.

The ordering office reserves the right to negotiate with TORP offerors.

Each TORP request will specify the evaluation criteria and relative order of importance for that particular request. The tradeoff source selection process described in FAR Subpart 15.101-2 may be used for task order competitions at the discretion of the Contracting Officer. Additionally, the Government reserves the right to conduct a price realism analysis in accordance with FAR 15.404-1.

L

SECTION B – TECHNICAL SPECIFICATIONS

Clauses Incorporated by Reference

52.203-3 Gratuities (APR 1984) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023) 852.203-70 Commercial Advertising (JAN 2008) 852.219-10 VA Notice of total service-disabled veteran-owned small business set-aside (DEC 2009) 852.232-72 Electronic submission of payment requests (NOV 2018) 852.270-1 Representatives of contracting officers (JAN 2008)

Clauses Incorporated in Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Services (NOV 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:

_XX_ (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).

_XX_ (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).

_XX_ (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].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_XX_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_XX_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal 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.

_XX_ (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).

_XX_ (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) [Reserved] __ (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.

_XX_ (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.

_XX_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

_XX_ (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).

_XX_ (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)).

__ (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) ( 15 U.S.C. 637(a)(17)).

_XX_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

_XX_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_XX_ (34)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

_XX_ (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.

_XX_ (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.

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

_XX_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_XX_ (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).

_XX_ (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 FAR 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.).

_XX_ (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).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (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), Public Law 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 (FEB 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) 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 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).

_XX_ (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).

_XX_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (65)

(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:

_XX_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

Wage Determinations to be established at Task Order level per location via addendum to 52.212-5

_XX_ (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).

Fringe benefits such as, life, accident, health insurance, and sick leave, are not less than 5.1 percent of the basic hourly rate. The percentage of the basic hourly rate that is contributed by the contracting agency for retirement is currently 7 to 17.5 percent. Fringe benefits also include 11 paid holidays, paid vacation time as follows: Two (2) hours of annual leave each week for an employee with less than three (3) years of service. Three (3) hours of annual leave each week for an employee with three (3) but less than fifteen (15) years of service. Four (4) hours of annual leave each week for an employee with fifteen (15) or more years of service.

_XX_ (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).

_XX_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

_XX_ (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…