EV Blanket QQ Fire Dept.pdf

COMMONWEALTH OF VIRGINIA DEPARTMENT OF MILITARY

AFFAIRS NGVA-FMO-OM

WAREHOUSE #561, FORT BLACKSTONE, VIRGINIA

23824

QUICK QUOTE (UNSEALED BID)

LOCATION:

, VA

TITLE: EV Blankets of Various Sizes for Lithium ION Fires

Contact Person: Charles Davidson (434-292-8652)

Invoice for Payment: (must be sent to) Department of Military Affairs VAFM-OM, PRN: 160

Bldg. # , Ft Pickett Blackstone, VA 23824

Or

Email: ng.va.vaarng.mbx.vafm-billing-dma-vafm@mail.mil

ONLY ELECTRONIC PROPOSALS WILL BE ACCEPTED

Bidders must be registered in eVA to submit an

Go to www.eva.virginia.gov;

Click on “I sell to Virginia” Click on “eVA vendor training” Click on “Respond to RFP’s and more” eVA Customer Care at 866-298-7367 or eVACustomerCare@dgs.virginia.gov the Code of Virginia, § 2.2-

Scope of Work

EV Blankets of Various Sizes for Lithium ION Fires

*Bridge Hill-Bridgehill Extreme Fire Blanket - Small 4.9ft x 4.9ft

*Bridge Hill-Bridgehill Extreme Fire Blanket Medium 9.8ft x 9.8ft

*Bridge Hill-Bridgehill Fire Blanket Car Pro X Reusable 19.8ft x 26ft

*Bridge Hill-Bridgehill Fire Blanket Car Pro X - XL Reusable 24.6ft x 32.8ft

*Bridge Hill-Bridgehill Car Standard Fire Blanket Single Use19.8ft x 26ft

*Bridge Hill-Bridgehill Fire BlanketCar Standard XL- Single Use 24.6ft x 32.8ft

*Bridge Hill-Bridgehill Lithium Battery Fire Blanket Standard 5.9ft. x 5.9ft

SECTION II

SPECIAL TERMS AND CONDITIONS

GOODS AND NONPROFESSIONAL SERVICES

INDEX - SPECIAL TERMS AND CONDITIONS

1. AUDIT B-13

2. AWARD OF CONTRACT B-13

3. CANCELLATION OF CONTRACT B-16

4. eVA ORDERS AND CONTRACTS B-16

5. BID ACCEPTANCE PERIOD B-18

6. BID PRICES B-18

7. DELIVERY NOTIFICATION B-20

8. EXTRA CHARGES NOT ALLOWED B-20

9. LABELING OF HAZARDOUS SUBSTANCES B-22

10. MAINTENANCE MANUALS B-24

11. PREVENTIVE MAINTENANCE B-26

12. PRODUCT INFORMATION B-28

13. USE OF RECYCLED MATERIALS B-29

14. WARRANTY B-30

15. EMPLOYMENT SERVICES ORGANIZATION B-30

16. PRODUCT AVAILABILITY/SUBSTITUTION B-31

17. E-VERIFY B-32

18. FEDERALLY IMPOSED TARIFFS B-33

19. PLASTIC MATERIALS B-34

1. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

2. AWARD OF CONTRACT: All solicitations must contain one of the following award clauses to specify the method of award.

L. AWARD: The Commonwealth will make the award(s) on a lump sum basis to the lowest responsive and responsible bidder that is a DSBSD-certified micro business if such a bid is received, provided that the bid is up to and including $10,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. Otherwise, award of the contract shall be made to the lowest responsive and responsible bidder that is a DSBSD-certified small business if such a bid is received, provided that the bid is not more than $100,000 and the agency in its sole discretion determines that the bid price is fair and reasonable. If, in the agency�s opinion, the criteria in the previous two sentences are not present, then award shall be made to the lowest responsive and responsible bidder of any size, provided the agency in its sole discretion determines that the price is fair and reasonable. If applicable, unit prices, extensions and grand total must be shown.

In case of arithmetic errors, the unit price will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for early prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

3. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor.

Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

4. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in (1) purchase order(s) with the applicable eVA transaction fee assessed for each order.

Vendors desiring to provide goods and/or services to the Commonwealth shall participate in the eVA eProcurement Program and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or Punch-Out Catalog for items awarded will be just cause for the Commonwealth to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog and/or Punch-Out Catalog Specification. For further information and details please email eVA-catalog-manager@dgs.virginia.gov.

5. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (30) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

6. BID PRICES: Bid shall be in the form of a firm unit price for each item during the contract period.

7. DELIVERY NOTIFICATION: The Agency shall be notified 24 hours prior to delivery of any items so that personnel may be available to allow access to the building and verify items received. Notification shall be made to :

Name Phone

8. EXTRA CHARGES NOT ALLOWED: The bid price shall be for complete installation ready for the

Commonwealth�s use, and shall include all applicable freight and installation charges; extra charges will not be allowed.

9. LABELING OF HAZARDOUS SUBSTANCES: If the items or products requested by this solicitation are

�Hazardous Substances� as defined by § 1261 of Title 15 of the United States Code (U.S.C.) or �Pesticides� as defined in § 136 of Title 7 of the United States Code, then the bidder/offeror, by submitting his bid/proposal, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the bidder/offeror does not violate any of the prohibitions of Title 15 U.S.C. § 1263 or Title 7 U.S.C. § 136.

10. MAINTENANCE MANUALS: The contractor shall provide with each piece of equipment an operations and maintenance manual with wiring diagrams, parts list, and a copy of all warranties.

11. PREVENTIVE MAINTENANCE: The contractor shall provide necessary preventive maintenance, required testing and inspection, calibration and/or other work necessary to maintain the equipment in complete operational condition during the warranty period.

12. PRODUCT INFORMATION: The bidder shall clearly and specifically identify the product being offered and enclose complete and detailed descriptive literature, catalog cuts and specifications with the bid to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. Failure to do so may cause the bid/proposal to be considered nonresponsive.

13. USE OF RECYCLED MATERIALS: Notwithstanding the prohibition against used, damaged or obsolete items, vendors are encouraged to use secondary or recycled materials in the manufacture of products to the maximum extent practicable without jeopardizing the performance or intended end use of the product unless such use is precluded due to health and welfare or safety requirements or product specifications contained herein.

Please provide the following information in this regard:

1. Do any of the goods offered contain recycled materials? _____Yes _____No.

3. If so, please qualify the recycled material content. __________________________________________.

14. WARRANTY: All materials and equipment shall be fully guaranteed against defects in material and workmanship for a period of two (2) years following date of delivery. Should any defect be noted by the owner, the Purchasing Office will notify the contractor of such defect or non-conformance. Notification will state either

(1) that the contractor shall replace or correct, or (2) the owner does not require replacement or correction, but an equitable adjustment to the contract price will be negotiated. If the contractor is required to correct or replace, it shall be at no cost to the Commonwealth and shall be subject to all provisions of this clause to the same extent as materials initially delivered. If the contractor fails or refuses to replace or correct the deficiency, the office issuing the purchase order may have the materials corrected or replaced with similar items and charge the contractor the costs occasioned thereby or obtain an equitable adjustment in the contract price.

15. EMPLOYMENT SERVICES ORGANIZATIONS (ESO):

A. Where it is practicable for any portion of the awarded contract to be subcontracted, the contractor is encouraged to offer such business to employment services organizations. A list of employment services organizations can be found at www.vadars.org or eva.virginia.gov.

B. Each prime contractor who is awarded a contract where using an employment services organization is a condition of the award, shall deliver to the agency or institution, on or before request for final payment, evidence and certification of compliance. When a portion of the contract has been subcontracted to these organizations and upon completion of the contract, the contractor agrees to furnish the purchasing office, at a minimum, the following information: name of employment services organization, telephone number, total dollar amount subcontracted, and type of product/service provided. Final payment under the contract may be withheld until such certification is delivered or other appropriate remedies may be assessed in lieu of withholding such payment.

16. PRODUCT AVAILABILITY/SUBSTITUTION: Substitution of a product, brand or manufacturer after the award of contract is expressly prohibited unless approved in writing by the Contact Officer. The Agency may, at its discretion, require the contractor to provide a substitute item of equivalent or better quality subject to the approval of the Contract Officer, for a price no greater than the contract price, if the product for which the contract was awarded becomes unavailable to the contractor.

17. E-VERIFY PROGRAM: EFFECTIVE 12/1/13. Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall cease upon the employer�s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

18. FEDERALLY IMPOSED TARIFFS: In the event that the President of the United States, the United States Congress, Customs and Border Protection, or any other federal entity authorized by law, imposes an import duty or tariff (a �tariff�), on an imported good that results in an increase in contractor�s costs to a level that renders performance under the Agreement impracticable, the Commonwealth may agree to an increase to the purchase price for the affected good. No increase in purchase price may exceed 25% of the additional tariff imposed on the goods imported or purchased by the contractor that are provided to the Commonwealth under this Agreement.

Prior to the Commonwealth agreeing to a price increase pursuant to this Section, the contractor must provide to the Commonwealth, the following documentation, all of which must be satisfactory to the Commonwealth:

- evidence demonstrating: (i) the unit price paid by contractor as of the date of award for the good or raw material used to furnish the goods to the Commonwealth under this Agreement, (ii) the applicability of the tariff to the specific good or raw material, and (iii) contractor�s payment of the increased import duty or tariff (either directly or through an increase to the cost paid for the good or raw material). The evidence submitted shall be sufficient in detail and content to allow the Commonwealth to verify that the tariff is the cause of the price change.

- a certification signed by contractor that it has made all reasonable efforts to obtain the good or the raw materials comprising the good procured by the Commonwealth at a lower cost from a different source located outside of the country against which the tariff has been imposed.

- a certification signed by contractor that the documentation, statements, and any other evidence it submits in support of its request for a price increase under this Section are true and correct, and that the contractor would otherwise be unable to perform under this Agreement without such price increase.

- as requested by the Commonwealth, written instructions authorizing the Commonwealth to request additional documentation from individuals or entities that provide the good or the raw materials to verify the information submitted by contractor.

If the Commonwealth agrees to a price increase pursuant to this Section, the parties further agree to add the following terms to this Agreement:

- During the Term and for five (5) years after the termination of this Agreement, contractor shall retain, and the Commonwealth and its authorized representatives shall have the right to audit, examine, and make copies of, all of contractors books, accounts, and other records related to this Agreement and contractor�s costs for providing goods to the Commonwealth, including, but not limited to those kept by the contractor�s agents, assigns, successors, and subcontractors.

- Notwithstanding anything to the contrary in this Agreement, the Commonwealth shall have the right to terminate this Agreement for the Commonwealth�s convenience upon 15 days� written notice to contractor.

In the event the import duty or tariff is repealed or reduced prior to termination of this Agreement, the increase in the Commonwealth�s contract price shall be reduced by the same amount and adjusted accordingly.

- Any material misrepresentation of fact by contractor relating in any way to the Commonwealth�s payment of additional sums due to tariffs shall be fraud against the taxpayer�s of the Commonwealth and subject contractor to treble damages pursuant to the Virginia Fraud Against Taxpayers Act.

19. PLASTIC MATERIALS; Bidders must identify whether their plastic materials contain recycled materials and, if so, specify the amount of recycled content in such plastic materials.

COMMONWEALTH OF VIRGINIA, DHRM CONTRACTOR SEXUAL HARRASMENT

TRAINING

Effective July 1, 2020, the Code of Virginia requires contracted employees of the Commonwealth to complete sexual harassment training. The Code further specifies that contracted employees who meet outlined criteria must complete the Department of Human Resource Management�s �Preventing Sexual Harassment Training for Contractors�. Effective December 11, 2025, the DHRM training is available in the Commonwealth of Virginia Learning Center (COVLC). To access the required training in the COVLC, contractors must complete this at https://forms.osi.apps.mil/pages/responsepage.aspx?id=D9fm-kuVEUiStgUw1vhMQ85ry6ei85NAvrSMg9knOplURFBaRzMzQk5WOExJQlpCMks3NDgxNEI wVS4u&route=shorturl to initiate the creation of a COVLC account for each employee. The selected Supplier must agree that any assigned resource will complete the training. For questions or technical assistance, email ng.va.vaarng.mbx.dma-training@army.mil. �

Build America Buy America Act Requirement

Required Use of American Iron, Steel, Manufactured Products, and Construction Materials (Build America, Buy America Act, Pub. L. No. 117- 58, §§ 70901-52) Bidders/suppliers will ensure that: (1) all iron and steel used in the project are produced in the United States�this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States�this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials (excluding cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives) used in the project are manufactured in the United States�this means that all manufacturing processes for the construction material occurred in the United States. This requirement only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to the project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the project. Nor does this requirement apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished project, but are not an integral part of the structure or permanently affixed to the project.

See Title 2, Code of Federal Regulations, Part 184 � Buy America Preferences for Infrastructure Projects. https://www.ecfr.gov/current/title-2/part-184

Federal Supplemental Terms and Conditions In cases where a Job Order is funded wholly or partially with federal funds or is made by a non-federal entity under a Federal award, the Contractor will comply with all applicable provisions of federal law. Refer to the following links for federal guidelines: https://www.ecfr.gov/cgi-bin/textidx?gp=&SID=e2fb8faf658f113bf606a3e6d7808e16&mc=true& tpl=/ecfrbrowse/Title02/2tab_02.tpl https://www.acquisition.gov/?q=browsefar

The Contractor shall comply with all federal regulations relating to the performance of Work funded in whole, or in part, with federal funds. In addition, Contractor agrees to flow-down all applicable clauses to lower-tier subcontractors including, but not limited to the following:

1. FEDERAL REQUIREMENTS ON ALL PURCHASES

1.1. Security Requirements (applicable if access to classified material is involved) FAR 52.204-2

1.2. Equal Employment Opportunity - Executive Order 11246 as amended by Executive Order 11375 and supplemented by 41CFR part 60

1.3. Copeland Anti-kickback Act (for construction and repair)18 USC 874 as supplemented by Department of Labor regulations 29 CFR part 3

1.4. Davis-Bacon Act, as amended 40 USC 276a to a-7 and supplemented by Department of Labor regulations 29 CFR part 5

1.5. Contract Work Hours and Safety Standards Act 40 USC 327-333 and supplemented by Department of Labor regulations 29 CFR part 5.

1.6. Rights to Inventions Made under a Contract or Agreement - 37 CFR part

1.7. Preference for Privately Owned U.S.-Flag Commercial Vessels - FAR 52.247-64

1.8. Hazardous Material Identification and Material Safety Data policy (when applicable) FAR 52.223-3 17.9 Filing of Patent Applications � Classified Subject Matter

FAR 52.227-10

1.9. Patents Rights � Ownership by Contractor and Government FAR 52.227-11 and 52.227.13

1.10. Rights in Data � General FAR 52.227-14

1.11. Authorization and Consent Patents and Copyrights 52.227-1

1.12. Notice and Assistance Regarding Patent and Copyright Infringements

FAR 52.227.2

1.13. Buy American Act � Supplies FAR 52.225-3

1.14. Government Property FAR 52.245-5

1.15. Notice of Radioactive Materials FAR 52.223-7

1.16. Privacy Act FAR 52.224-2

2. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN

$2,500

2.1. Restrictions on Certain Foreign Purchases FAR 52.225-13

2.2. McNamara �O�Hara Service Contracts Act 41 U.S.C. 351 et seq.

3. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN

$10,000

3.1. Prohibition of Segregated Facilities FAR 52.222-21

3.2. Equal Opportunity FAR 52.222-26

3.3. Affirmative Action for Workers with Disabilities FAR 52.222-36

3.4. Walsh-Healy Public Contracts Act FAR 52.222.20

4. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN

$25,000

4.1. Equal Opportunity for Veterans FAR 52.222-35

4.2. Debarment and Suspension FAR 52.209-6 Job Order Contracting Services JOC Exhibit 4 Page | 2

5. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN

$100,000

5.1. Anti-kickback procedures FAR 52.203-7

5.2. Restrictions on Subcontractor Sales to the Government FAR 52-203.6

5.3. Audit and Records Negotiation (if document was entered by negotiation)

FAR52.215.2

5.4. Integrity of Unit Prices FAR 52.215-14

5.5. Contract Work Hours and Safety Standards Act FAR 522.222-4

5.6. Clean Air and Water FAR 52.223-2

5.7. Clean Air Act (42 U.S.C. 7401 et seq.)

5.8. Federal Water Pollution Control Act 33 U.S.C. 1251, et seq.

5.9. Drug-Free Workplace FAR 52.223-6

5.10. Byrd Anti-Lobbying Amendment 31 U.S.C. 1352

5.11. Utilization of Small Business Concerns FAR 52.219-8

5.12. Preference for US Flag Carriers FAR 52.247-63

5.13. Toxic Chemical Release Reporting 52.223-14

6. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN

$500,000

6.1. Cost Accounting Standards � Educational Institutions FAR 52.230-5

6.2. Administration of Cost Accounting Standards FAR 52.230-6

7. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN

$550,000

7.1. Price Reduction for Defective Cost or Pricing Data FAR 52.215-10

7.2. Subcontractor Cost or Pricing Data FAR 52.215-12

7.3. Subcontractor Cost or Pricing Data � Modifications FAR 52.215-13

8. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN

$650,000

8.1. Small Business and Small Disadvantaged Business Subcontracting Plans

FAR 52.219-9

8.2. Liquidated Damages � Subcontracting Plan FAR 52.219-16 .

9. AFFIRMATIVE ACTION

The Contractor shall not maintain or provide racially segregated facilities for employees at any establishment under his control.

Contractor agrees to adhere to the principles set forth in Executive Orders 13672 and 11375, Section 503 of the Rehabilitation Act of 1973, and USC 2012 (Disabled Veterans and Veterans of the Vietnam Era), and to undertake specifically: to maintain employment policies and practices that affirmatively promote equality of opportunity for minority group persons and women; to take affirmative steps to hire and promote women and minority group persons at all job levels and in all aspects of employment; to communicate this policy in both English and Spanish to all persons concerned within his company, and to discuss with TTUS the policies and practices relating to the Contractor�s Affirmative Action program.

10. FEDERAL EQUAL OPPORTUNITY

The Contractor and any Subcontractors shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime Contractors and Subcontractors to employ and advance in employment qualified individuals with disabilities. Job Order Contracting Services JOC Exhibit 4 Page | 3

11. APPENDIX II TO PART 200

- CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY

CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of �federally assisted construction contract� in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, �Equal Employment Opportunity�

(30 FR 12319,

12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, �Amending Executive Order 11246 Relating to Equal Employment Opportunity,� and implementing regulations at 41 CFR part 60, �Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.�

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.

3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, �Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction�). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland �Anti-Kickback� Act (40 U.S.C.

3145), as supplemented by Department of Labor regulations (29 CFR Part 3, �Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States�). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).

Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 Job Order Contracting Services JOC Exhibit 4 Page | 4 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of �funding agreement� under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that �funding agreement,� the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, �Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,� and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended�Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.

7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689)�A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), �Debarment and Suspension.� SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)�Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with nonFederal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See § 200.323. Job Order Contracting Services JOC Exhibit 4 Page | 5

(K) See § 200.216. (L) See § 200.322. 12. CFR, Title 2, Subtitle A, Chapter II, Part 200, Subpart D §

200.322 Domestic

preferences for procurements. (a) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards. (b) For purposes of this section: (1) �Produced in the United States� means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) �Manufactured products� means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. (c) Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184. § 200.323 Procurement of recovered materials. (a) A recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products.

See Executive Order 14057, section 101, Policy. Job Order Contracting Services JOC Exhibit 4 Page | 6

13. CFR, Title 2, Subtitle A, Chapter II, Part 200, Subpart C § 200.216 Prohibition on certain telecommunications and video surveillance equipment or services.

(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain covered telecommunications equipment or services; (2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services;

or (3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

(b) As described in section 889 of Public Law 115-232, �covered telecommunications equipment or services� means any of the following: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country;

(c) For the purposes of this section, �covered telecommunications equipment or services� also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(d) In implementing the prohibition under section 889 of Public Law 115- 232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained.

(e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports.

(f) For additional information, see section 889 of Public Law 115-232 and § 200.471.