B5 RFQ SOW Clauses for HI Security Guards.docx

Item No.

Quantity

Total Price

Guard I and Patrol Services as per attached statement of work, Period of performance:

Award through 09/30/2021 Guard per hour $_____ Motor patrol $_____ each

MO

Option Period One: Guard I and Patrol Services as per attached statement of work. Period of performance:

10/01/2021 -09/30/2022

Patrol per patrol $_____

Option Period Two: Guard I and Patrol Services s per attached statement of work, Period of performance:

10/01/2022 -09/30/2023

Option Period Three: Guard I and Patrol Services s per attached statement of work, Period of performance:

10/01/2023 -09/30/2024

Option Period four: Guard I and Patrol Services s per attached statement of work, Period of performance:

10/01/2025 -09/30/2026

Option Period five: Guard I and Patrol Services s per attached statement of work, Period of performance:

10/01/2026 -04/30/2027

Total _________

Statement of Work for WS/NWRC Hilo Field Station Security Guard Services

BACKGROUND

The United States Department of Agriculture (USDA), Animal Plant Health Inspection Services (APHIS), Wildlife Services (WS), National Wildlife Research Center (NWRC), intends to procure Guard Services for protection of the USDA, APHIS, WS, NWRC Hilo Field Station and personnel. The main function will be Patrol Services. This office is located at:

210 Amau‘ulu Rd Hilo, HI 96720

GENERAL REQUIREMENTS

The Contractor shall furnish all personnel, supervision, uniforms, and supplies to perform security service in the State of Hawaii. Security Guard service shall provide protection for all personnel and property at the WS/NWRC Hilo Field Station from crimes of theft, sabotage, or vandalism, and shall notify police and field station leader in the event of need for crowd control. Guard service shall not interfere with work being performed by Government personnel. In cooperation with local authorities the Contractor shall establish procedures to deal with thefts, crowd control, disturbed persons and other such situations that may arise in this office setting.

Any problems concerns that need immediate attention will be brought to the attention of the NWRC Hilo Field Station Leader or alternate were the guard is posted.

The area where the guard will patrol will be aboard a 1-acre facility that contains office space, lab space and parking.

Guards shall wear picture identification at all times.

PROJECT MANAGER

The Contractor shall designate a Project Manager who will be the primary representative of the Contractor. The Project Manager shall be responsible for supervision of guards. The Contractor is responsible for performing background checks, as well as the background check mentioned below to gain USDA identification badges. Guards must meet Hawaii State training and licensing requirements.

The Project Manager shall:

GUARD HOURS OF OPERATION.

Guard services for this contract are required for the following days and hours:

Monday thru Sunday 18:00-06:00 (4 motor patrols per day)

Saturday, Sunday and Federal Holidays 06:00-18:00 (Standing guard on premises accomplishing foot patrols)

The Federal holidays are as follows:

New Year’s Day; Martin Luther King’s Day; Presidents Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day.

GUARD SHIFT REQUIREMENTS

The contractor shall provide one guard per shift and to properly perform the specific duties outlined in this Statement of Work. The contractor shall provide qualified, trained, replacement security personnel for emergency purposes, i.e., sickness. In the event the contractor terminates the employment of a security guard, or the employee resigns, the contractor shall notify the COR and the NWRC Hilo Field Station Leader within 24 hours.

The contractor shall maintain a daily log which states hours worked to be submitted to the COR and NWRC Hilo Field Station Leader.

An incident report will be filled out for any incident that may arise.

GUARD TRAINING REQUIREMENTS

The Contractor shall ensure that all security personnel understand the terms of this contract and are adequately trained, certified, and experienced to perform the duties, assignments, and tasks required for Security Guards. The Contractor shall develop and submit to the Government a mandatory training program and plan listing all subjects and criteria for certification of completion, including initial "orientation" training for new personnel, annual "In-Service" or "Refresher" training for all of the Contractor's personnel working at this USDA facility, and ensure personnel in positions requiring certification or recertification are properly and currently certified.

b) Annual refresher/in-service training for all security personnel. This refresher training may consist of training taken from the initial training program, First Aid/CPR, and may be provided in a classroom-type setting, supervised self-study, or a combination of both.

c) All training conducted or received shall be summarized in a written manner and forwarded to the Contracting Officer Representative for review.

d) The WS/NWRC Hilo Field Station will provide an orientation for new guard employees, which includes a brief introduction to the Federal mission of the program.

GUARD QUALIFICATIONS

The Contractor is responsible to ensure all personnel designated to work on this contract meet the qualification requirements specified below. The contractor manager shall ensure only qualified and approved guards report for duty, report on time, are properly dressed and equipped, adequately informed and familiar with the terms of the contract Statement of Work and are physical1y capable of standing watch and performing the services required of this contract.

Each employee is expected to adhere to standards of competency, conduct, appearance and integrity that reflect credit to himself/herself, the Contractor and the Federal Government. The Contractor shall be responsible for such disciplinary action with respect to the security guards as may be necessary. Since the security guard, in the eyes of the public, is representing the Government of the United States, a favorable image is a major requirement in the performance of this contract. The guards shall treat visitors and staff with courtesy and respect. The Contractor must secure in advance the approval of the COR, before substituting key personnel, including guards.

Guards should be in good physical condition and health without physical and psychological defects or abnormalities which would interfere with the performance of contract duties. The following minimum medical and physical standards for an Armed Security Officer shall be evidenced by report of medical examination, which is certified by a licensed physician within 12 months of the date for receipt of offers. The examination should provide a reasonable indication of the applicant’s or incumbent’s ability to remain on their feet for long hours, and shall notify police and field station leader in the event of need for crowd control while also protecting themselves and others in the office.

The security guards must meet the following minimum qualification requirements:

a) In compliance with (have no violations of) labor and immigration laws of the United States of America. The offeror shall not employ or subcontract undocumented workers.

b) Never convicted, or forfeited collateral for any felony violation. Generally, a felony is defined as any violation of law punishable by imprisonment of longer than one year except for violations named misdemeanors under State law which are punishable by imprisonment of two years or less.

c) Any combination of two years of experience in either physical security (as a security officer-armed or unarmed) and/or service with the United States Armed Forces (to include Reserves or National Guard components); Associate’s Degree in Security or Law Enforcement related field; or Successful completion of a police officer’s basic training academy.

d) Demonstrated ability to meet and deal with the general public, understand and apply various rules and regulations, and maintain poise and self-control under stress.

e) Literate in English, to the extent of oral radio communications, reading and understanding printed regulations, detailed written orders, training instructions and material, and be able to compose reports which convey complete information.

f) Trained and experienced for the requirements for security armed guards in the State of Hawaii. Guards shall have a current permit issued by the State of Hawaii. A copy of the license shall be provided to the Contracting Officer Representative.

g) Hair shall be clean, neat, and not interfere with wearing of headgear. Uncovered hear must not fall below either eyebrow. Covered hair must not protrude below the inside sweatband of headgear. No hair ornaments permitted. Items to hold hair in place are allowable if concealed as much as possible and are a color that blends with the hair.

h) Piercings cannot interfere with successful task performance.

i) Visible tattoos cannot expose obscene or offensive material.

j) In good physical condition and health without physical and psychological defects or abnormalities which would interfere with the performance of contract duties. The following minimum medical and physical standards for a Security Officer shall be evidenced by report of medical examination, which is certified by a licensed physician within 12 months of the date for receipt of offers. The examination should provide a reasonable indication of the applicant’s or incumbent’s ability to remain on their feet for long hours, conduct roving foot patrols, climb and descend stairs and hills, and respond to an emergency by quickly reporting to the scene on foot and having the ability to apprehend suspects or violators while also protecting themselves and others.

(1) Vision: 20/20 vision while using both eyes (Aided or unaided)

(2) Vision: Capable, in at least one eye, of reading a minimum of Jaegar Number 2 or equivalent type and size letter at a distance of no less than 12 inches on a standard Jaegar chart.

(3) Vision: Normal Color vision.

(4) Vision: No peripheral vision deficits, night blindness, or visual conditions that may prevent successful task performance.

(5) Hearing: Average hearing across 500, 1000, 2000, 3000 Hz is less than or equal to 25 db (aided or unaided)

(6) Hearing: Hearing at 4000 and 5000 Hz level is less than or equal to 45db.

(7) Hearing: Sound Localization test for deficiency if hearing variance between left and right ears… difference between left and right hearing does not exceed 15db at 500 to 3000 Hz ranges and difference between left and right hearing does not exceed 30 db at 4000 to 5000 Hz ranges.

(8) Hearing: No inner, middle, or outer ear disorders affecting equilibrium.

(9) Cardio Vascular System: Possesses adequate aerobic power (minimum 9 METs or 31.5 ml/kg/min VO2 Max), during standardized aerobic capacity test (step box, treadmill, or stepmill for six minutes)

(10) Cardio Vascular System: Resting blood pressure Maximum 180 mmHg systolic, 90 mmHg diastolic.

(11) Musculoskeletal System: Exhibits full range of motion

(12) Musculoskeletal System: Able to easily get up from and down to a kneeling position.

(13) Musculoskeletal System: Able to lift 40 pounds minimum from floor to waist.

(14) Musculoskeletal System: Able to bench press at least 40% of their body weight.

(15) Musculoskeletal System: Able to perform sit-ups and pushups continuously for at least 30 seconds.

(16) General Health: No loss of sense of smell, aphonia, or other abnormalities of nose, throat, or ears that may prevent successful task performance.

(17) General Health: No evidence of chronic bronchitis, emphysema (moderate or severe), infectious pulmonary tuberculosis, or other respiratory abnormalities that may prevent successful task performance.

(18) General Health: No evidence of a gastrointestinal issue that may prevent successful task performance, inhibiting the candidate’s/incumbent’s ability to stand or walk continuously for 8 hours without continual access to a restroom.

(19) General Health: No evidence of a physiological disorder that would prevent successful task performance.

The Contractor shall submit to the Contracting Officer Representative prior to the effective date of the Contract the qualifications (resumes) of the guards designated by the Contractor for this contract for review and approval.

TASKS

The contractor will provide one Security Guard to conduct 4 motor patrols between 18:00-06:00 Monday through Sunday. On Saturday, Sunday and Federal holidays the contractor shall provide one standing guard from 06:00-18:00 to accomplish foot patrols. The contractor will examine the perimeter fence for damage or penetration, and check gates and locks for closure. The patrols will require passage through interior fences and gates. The contractor shall examine interior fences and gates for damage or penetration, and check gates and locks for closure. Guards are not to use personal vehicles to conduct patrols.

Building exteriors will be examined during drive-by patrols for intrusion or damage. If intrusion is in progress, immediate report will be made to the local authorities and then to the NWRC Field Station Leader or alternate. Damage to buildings that places the security of the facility or animals at risk should immediately be reported to the NWRC Field Station Leader or alternate. Damage that does not jeopardize the security of the facility or animals shall be reported to the NWRC Field Station Leader or alternate at the start of the next business day.

Contractor will deny entrance to all persons not carrying valid government picture identification (i.e.; driver’s license, State, Federal, etc.) and who are not on the authorized employee list. Contractor is to attempt to determine the nature of the intruders business. Attempts to gain entry by force will immediately be reported to the local authorities. Contractor is to observe and report to the local authorities any identifying features of the intruder(s) and/or vehicles they may be using.

Contractor shall actively strive to minimize the risk of fire, explosion or similar incidents by promptly reporting the potentially hazardous conditions and items in need of repair to the NWRC Field Station Leader or alternate.

The Contractor shall actively strive to minimize the risk of fires, explosion or similar incidents by promptly reporting the potentially hazardous conditions and items in need of repair to office personnel. The guard shall react decisively to emergencies such as fire, threats, explosion, personnel in need of immediate medical attention, and civil defense actions. Required performance in these situations includes notification of proper authorities, evacuation of personnel and guiding fire and/or rescue personnel to the scene. The guard shall provide assistance to personnel in need of aid involving incidents such as storms, hazardous road conditions, nuisance animals, damaged utilities, and other similar conditions. Guards on duty at the time of an emergency shall not leave their assigned responsibilities for such incidents until authorized to do so by office personnel or other authorized Government program officials.

The Contractor shall ensure that all articles of possible personal or monetary value found by the Contractor's employees on the premises of this installation are turned over to the office personnel.

The contractor is responsible for basic training of personnel assigned to this contract on the protection of personnel and property, building entry and exit control procedures, safety indoctrination, first aid, and fundamental legal rules and practices governing search and seizure. Guards shall also be trained in self-defense tactics, responding to the scene of an accident or disturbance, telephone and radio communications. The Contractor shall ensure all personnel are familiar with the statement of work and terms of the contract.

Each employee is expected to adhere to standards of competency, conduct, appearance and integrity that reflect credit to himself/herself, the Contractor and the Federal Government. The Contractor shall be responsible for such disciplinary action with respect to the security guards as may be necessary. Since the security guard, in the eyes of the public, is representing the Government of the United States, a favorable image is a major requirement in the performance of the contract. The contractor must secure in advance the approval of the Contracting Officer before substituting key personnel, including guards.

The Contractor shall provide to the COR, a list of all contractor and subcontractor employees full name, job title, employer (prime or subcontractor), and information on any standard commercial security or background clearance conducted by the prime or subcontractor and that contractor employees pass the background check. The COR will review the list to determine prime and subcontractor employees requiring routine access to federally controlled facilities and/or federally controlled information systems and/or exceed 180 days (6 months), consistent with those position sensitivity designations in the Homeland Security Presidential Directive (HSPD) Prime and subcontractor employees identified by the COR to meet this requirement, must complete a government background check, National Agency Check and Inquiries (NACI), and that contractor employees pass the NACI. A NACI is the basic and minimum investigation required of all new Federal employees and contractors consisting of searches of the OPM Security/Suitability Investigations Index (SII), the Defense Clearance and Investigations Index (DCII), the Federal Bureau of Investigation (FBI) Identification Division's name and fingerprint files, and other files or indices when necessary. A NACI also includes written inquiries and searches of records covering specific areas of an individual's background during the past five years (inquiries sent to current and past employers, schools attended, references, and local law enforcement authorities). This does not apply to individuals under contract to a department or agency, requiring only intermittent access to federally controlled facilities.

CONTRACTOR-FURNISHED EQUIPMENT

The contractor is responsible for insuring the guards are properly licensed in the State of Hawaii.

The contractor must furnish all supplies, materials and equipment necessary for the performance of the work of this contract unless otherwise specified herein or being provided by the Government. The Contractor shall furnish and maintain in acceptable condition, at no cost to the Government all supplies, materials, items of uniform and equipment necessary to perform work required by this contract, unless otherwise specified herein or being provided by the Government

The contractor shall provide uniforms for the guards. The Contractor shall be responsible for sewing all patches with company logos/patches onto the uniforms before issuing them to the guards. Uniform type, parts, equipment, accessories, and the wearing of same shall conform to approved standards and usage prescribed in this contract.

The contractor is responsible for providing the guards with vehicle, a portable communications instrument, and flashlight. They may also carry a baton and mace at the Contractors discretion. Personal weapons shall not be used.

Each guard shall be equipped with supplementary equipment to include replacement flashlight batteries and bulbs. Guards shall not be permitted to provide themselves with any unauthorized supplemental or personal equipment, such as chemical agent devices, other than mace, concealed firearms, knives, "come-alongs," or other such non-standard items.

Electronic or paper log books as noted above.

PORTABLE COMMUNICATION REQUIREMENT

The contractor shall ensure that guards carry a portable communications instrument capable of communication to and from local emergency response centers or to emergency response numbers.

QUALITY CONTROL

The contractor shall establish a quality control program to assure the requirements of this contract are met as specified. The government will monitor quality control of this contract and evaluate the Contractor’s performance under this contract to determine if it meets the contract standards. A variety of methods may be used such as random customer sampling, customer complaints, and observation. Nonperformance or substandard task performance will be documented by the Contracting Officer Representative if and when it occurs.

GOVERNMENT CONTACTS

The COR will provide, in writing, the telephone numbers of the persons to be contacted in case of emergency and guard post/patrol instructions which outline specific requirements relative to tasks to be performed as part of the guard service at time of award.

STATE REGULATIONS

The State of Hawaii requires all companies in the security guard business to be licensed to perform guard/security services in the State of Hawaii. The contractor shall secure all licenses, permits and registrations in accordance with Federal, State, and local laws for guard security services in the State of Hawaii. Contractors shall provide copies of applicable licenses, permits, and registrations with their offer.

GUARD UNIFORMS

Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. The contractor must require all employees, including supervisors, to wear distinctive uniform clothing for ready identification. The uniform must have the contractor's name easily identifiable, affixed thereon, in a permanent or semi-permanent manner such as a badge or monogram.

SMOKING

Smoking is not permitted while on duty or inside any federal buildings.

Additional Clauses

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at these addresses:

http://www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html

52.212-4 Contract Terms and Conditions—Commercial Items (Oct 2018).

52.245-1 -- Government Property. (Jan 2017)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Jan 2021)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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)).

(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 items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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.)

_X_ (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (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 (Mar 2020) (15 U.S.C. 657a).

__ Alternate I (Mar 2020) of 52.219-3.

__ 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] _X_ (14)52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

__ (15) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ Alternate I (Nov 2016) of 52.219-9.

__Alternate II (Nov 2016) of 52.219-9.

__ Alternate III (Jun 2020) of 52.219-9.

__ Alternate IV (Jun 2020) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

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

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

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

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

_X_ (32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ Alternate I (Jul 2014) of 52.222-36.

_X_ (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) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) 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.)

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

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

__ (41) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

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

__ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49)52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 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.

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

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

__ 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 (Jun 2008) (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 (Nov2007) (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 (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (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)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ Alternate I (Apr 2003) of 52.247-64.

__ Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 items. 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 (Jun 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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 (Oct 2020) (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 (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of the expiration of the contract.

52.217-8 Option to Extend Services. (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor before contract expiration.

(End of clause)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause) 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Wolf Expert, trapper, instructor.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

52.204-9 – Personal Identity Verification of Contractor Personnel (JAN 2006)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

Service Contract Act Wage Determination Applicable Service Contract Act Wage Determination(s) will be required under this contract. The contractor shall be responsible for obtaining the wage determination applicable to the location of their facility. The applicable Service Contract Act Wage Determination can be obtained from the Department of Labor website at http://www.wdol.gov 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as…