La_Jara_Wildlife_and_Rangeland_Improvement_Complete_Package.pdf

LA JARA WILDLIFE AND RANGELAND IMPROVEMENT MASTICATION AND

THINNING PROJECT, BUREAU OF LAND MANAGEMENT, FARMINGTON FIELD

OFFICE, SAN JUAN COUNTY, NEW MEXICO

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement and attachments constitute the only solicitation; quotes are being requested and a written solicitation will not be issued. Consider this solicitation (140L3724Q0156) as a Request for Quotes (RFQ). This solicitation documents incorporate provisions and clauses in effect through Federal acquisition Circular 2019-03. This solicitation is set-aside for small business. NAICS 115310 – Support Activities for Forestry – Fuels Management Services. The small business size standard is $34.0 million. Product Service Code F014 – Natural Resources / Conservation – Tree Thinning. The resulting purchase order will be a firm-fixed price type contract. (SEE ATTACHMENT FOR COMPLETE STATEMENT OF

WORK, MAPS, WAGE DETERMINATIONS, AND CLAUSES / PROVISIONS.)

Mastication Approximately 300 Acres x $__________ = $________________

Lop and Scatter Treatment Approximately 121 Acres x $_______ = $_______

TOTAL $_____________

OBJECTIVE

Clearing and thinning of pinyon-juniper forest shall be conducted in patches, to preserve intact forests and protect obligate wildlife species. In proximity to roads and other developments, forested buffers (screens) shall be retained to reduce visual exposure to wildlife. Secondary objectives include reduction of hazardous fuels.

TASKS / TECHNICAL REQUIRMENTS

Mastication/Mulching (see attachments) Hand Thinning (see attachments) Slash Management within Hand Thinning Areas Seeding

PLACE OF PERFORMANCE

The project lies approximately 9 miles northeast of Navajo Dam, NM. All project boundaries reside within BLM and New Mexico Game and Fish lands. Grid Coordinates are as follows: Township 31 North, Range 6 West, Sections 20, 21, 26, 27, 28, 29, 33, and 34

In accordance with the procedures in FAR Part 12 and 13, RFQ 140L3724Q0156 is available for viewing through electronic commerce via Bureau of Land Management's website at https://sam.gov.

The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer is conforming to the solicitation and provides the best value to the Government on a Lowest Price Technically Acceptable.

Quotes are due Friday, September 6, 2024, by 4:00 p.m. Mountain Time. Contractors submit quotes by email to awhetham@blm.gov.

Note: Any contractor to submit an acceptable quote or be awarded a government contract must be registered and active in the System for Award Management (SAM). Contractors must register at www.sam.gov.

• Contractor's must submit their Unique Entity ID (UEI) and CAGE code with their quote.

UEI ______________________

CAGE ____________________

For further information about this requirement, offerors should contact Audrey Whetham at awhetham@blm.gov.

The provisions and clauses attached apply to this solicitation.

Contractors Signature _______________

Date: _______________

2024 LA JARA WILDLIFE AND RANGELAND IMPROVEMENT

MASTICATION AND THINNING PROJECT

STATEMENT OF WORK

A. INTRODUCTION

The Bureau of Land Management's mission is to sustain the health, diversity, and productivity of public lands for the use and enjoyment of present and future generations.

BLM manages public lands to maximize opportunities for commercial, recreational, and conservation activities. This promotes healthy and productive public lands that create jobs in local communities while supporting traditional land uses such as responsible energy development, timber harvesting, grazing, and recreation, including hunting and fishing.

A.1 BLM MISSION PRIORITIES

1. Clean Energy: We will help lead the way to a clean energy future, leaving no communities behind.

2. Restoration: Nature is our planet’s best engineer. As the effects of climate change increase, we will restore our lands and waters to create healthy, resilient landscapes and to allow nature to better store carbon.

3. Recreation for All: We will work to ensure that all families now and into the future have equal opportunity to hunt, camp, fish, hike and play on our public lands.

4. Conservation: As part of our multiple use and sustained yield mandate, we will address climate change and conservation in all we do.

5. Rebuild the Agency: To achieve the above and create an agency the future is relying upon; we will fix staffing shortages and build a team that represents all of America.

B. BACKGROUND

• Pinyon-juniper woodlands provide thermal and escape cover for big game, as well as some forage resources. Vegetation types typically found in pinyon-juniper woodlands provide important, nutrient rich browse for wintering big game species.

Over the past 150 years, fire suppression and historic overgrazing have likely contributed to an expansion of pinyon and juniper trees over much of the Farmington Field Office. As pinyon-juniper woodlands expand, infill and age, they can reduce production of understory vegetation by depriving those species of direct sunlight and competing with them for nutrients and moisture. Gradual replacement of superior browse forager with pinyon-juniper forest reduces habitat carrying capacities for many species. Still, pinyon and juniper forest does provide important cover for wintering wildlife, as well as essential nesting and foraging substrate for a variety of bird species. Existing vegetation consists primarily of persistent pinyon/juniper woodland with low density intermixed shrub and grass components.

C. OBJECTIVE

Clearing and thinning of pinyon-juniper forest shall be conducted in patches, to preserve intact forests and protect obligate wildlife species. In proximity to roads and other developments, forested buffers (screens) shall be retained to reduce visual exposure to wildlife. Secondary objectives include reduction of hazardous fuels.

PROJECT SIZE

Requesting Office:

Farmington Field Office

Description/Project Area Name/Location

Est.

Qty.

Unit

2024 La Jara Mastication

2024 La Jara Hand Thinning/Lop and Scatter

Acres

Acres

Total 421 Acres

C.1 TASKS/TECHNICAL REQUIREMENTS

The following tasks for which the contractor shall use in the treatment of the 2024 La Jara Wildlife and Rangeland Improvement Mastication and Thinning Project (see attached map):

Mastication/Mulching (see Attachment A)

• An on-site meeting with the Farmington Field Office (FFO) archeologist and on- site contractor personnel shall be held prior to the implementation of any thinning treatments.

• Treatment shall be done by heavy equipment with mulching attachment capable of fulfilling Tasks and Technical Requirements. (Masticator/Mulcher).

• Due to stem characteristics of Juniper and Piñon, stem diameter shall be measured 6 inches above ground surface on the high side for cutting (DSH-diameter at stump height), not DBH.

• Masticate/mulch all live juniper and pinon pine trees under 15” DSH.

• Masticate/mulch all live and dead sage.

• Masticate/mulch all dead and down woody material greater than 3” diameter.

• Masticate/mulch all dead standing snags under 15” DSH.

• Masticate/mulch all mountain mahogany and service berry bushes to approximately 1-3 feet above ground level.

• Masticate/mulch all gamble oak under 3” DSH to approximately 1-3 feet above ground level.

• Cut/severed stumps shall be three (3) inches or less in height with no live limbs or foliage attached. If obstacles are encountered, such as rocks, the mastication attachment may be raised to clear the obstacle.

• The contractor shall not masticate/mulch culturally altered juniper and piñon pine trees as per the district archeologist guidelines. (Reference Archeological Sites Section in this SOW)

• No piñon pine or juniper trees with a diameter at stump height (DSH) greater than 15 inches, shall be masticated/mulched.

• No gamble oak with a diameter at stump height (DSH) greater than 3 inches, shall be masticated/mulched.

• Contractor shall mulch vegetation into smaller chip sizes.

• Work shall not occur if project implementation is creating excessive rutting when the ground is saturated. Work may resume only when the area has sufficiently dried out.

• Masticated or chipped material must be dispersed through the treatment unit. Average depth of mastication or chipped material shall not be more than six (6) inches as measured throughout the cutting units and the maximum depth of mastication or chipped material shall not exceed twelve (12) inches in any one spot.

Hand Thinning (see Attachment A)

• An on-site meeting with the Farmington Field Office (FFO) archeologist and on-site contractor personnel shall be held prior to the implementation of any thinning treatments.

• Treatment shall be done by hand-cutting (chainsaws and other hand equipment).

• No equipment (UTV, pickup, heavy equipment, etc.) shall be permitted within the boundaries of the hand thinning units.

• Cut all juniper and pinyon-pine trees under 15” diameter at stump height (DSH).

• No piñon pine or juniper trees with a diameter at stump height (DSH) greater than 15 inches, shall be removed.

• Due to stem characteristics of Juniper and Piñon, stem diameter shall be measured

6 inches above ground surface on the high side for cutting (DSH-diameter at stump height), not DBH.

• All standing dead trees (snags) under 15” diameter at stump height (DSH) shall be cut, lop and scattered.

• Cut stumps shall be three (3) inches or less in height with no live limbs or foliage attached.

• Cut and felled material shall be bucked up to a maximum of 6 foot sections.

• Slash from cutting operations shall be lop and scattered. Scattered material shall be focused in areas prone to erosion (drainages, washes, gullies etc.) to prevent future erosion.

• Limb tops of all mountain mahogany, oak brush less than 3” in diameter, and all serviceberry bushes to approximately waist height to promote growth regeneration.

• The contractor shall not cut culturally altered juniper and piñon pine trees as per the district archeologist guidelines. (Reference Archeological Sites Section in this

SOW)

• Shall not delimb live branches on left trees.

Slash Management within Hand Thinning Areas

• Slash within the hand thinning cutting area shall be lopped and scattered through-out the area and shall not exceed 18 inches in height.

• Cut material that is less than 15 inches in diameter shall be placed in arroyos and erosion “cuts” located within 1 chain (66 feet) of cut trees to help slow head cutting and soil erosion.

• Any tree that is cut within 66 feet of an active erosion cut, arroyo or area of bare ground shall have the slash placed in areas, in a manner that shall allow the slash to catch sediment and help reduce soil erosion.

• Approximately 2 acres of slash shall be hand carried (not dragged) away the from the interior boundary of a sensitive site.

Leave Trees (No Cut Trees)- The contractor shall at no time cut trees for the following:

• Any tree having signs or survey markers.

• Any tree having wildlife nests or cavities.

• All trees along fence lines that have fence wire attached to them.

Seeding

• Areas to be treated shall be seeded prior to thinning, following the guidelines listed below.

• Seed supply shall be provided by the FFO-BLM. Seed supply is stored at the Farmington District Office.

• Contractor shall mix seed to comply with desired seed species ratio.

• Contractor shall disperse seed within treatment areas PRIOR to thinning activities at a rate of 10lbs of mixed seed per acre.

• No application of seed shall be applied if there is persistent snow on the ground.

Approval for seed application shall be done through coordination with the delegated BLM COR if snow conditions exist.

D. DELIVERABLES

Requirements Due On Site meeting with

Farmington Field Office Archaeologist and

Contractor.

Determined by Contracting Officer Representative (COR) and Contracting Officer

(CO) after award

Acreage Final Approval As determined by the Farmington Field Office and in consultation with the COR and CO

Onsite meeting before any Thinning is to begin

Determined by COR in consultation with the Farmington Field Archaeologist

E. SUPPORTING DOCUMENTATION

E.1 PLACE OF PEROFRMANCE

The project lies approximately 9 miles northeast of Navajo Dam, NM. All project boundaries reside within BLM and New Mexico Game and Fish lands. Grid Coordinates are as follows: Township 31 North, Range 6 West, Sections 20, 21, 26, 27, 28, 29, 33, and 34..

• The Contractor shall NOT block roadways.

• The Contracting Office shall at any time place certain work restrictions as necessary to the project, for the safety of general public.

• Any use of All Terrain Vehicles (including four-wheelers, Mules, Gators, etc.) must be approved in advance by delegated COR and in conjunction with the CO.

• Before any equipment is brought into the public land project area it shall be washed to remove non-native seeds or any other foreign object debris.

• Cleaning shall consist of the removal all dirt, grease, debris, and materials that shall harbor noxious weeds and their seeds. Cleaning shall occur away from the project site. Equipment includes: Trucks, UTV’s, Heavy Equipment, Equipment Attachments, Trailers and Hand-tools

F.2 PERIOD OF PERFORMANCE

Estimated start date is September 15, 2024 with performance time of completion due by September 1, 2025 (note work restrictions dates).

WORK RESTRICTIONS UNDER PERIOD OF PERFORMANCE

• The Contractor shall abide by the following Work Restrictions:

• MIGRATORY BIRD: May 15th - July 31st (No prescribed treatment activity is allowed during this period, unless cleared by a BLM biologist prior to treatment.

Do not assume that BLM biologist shall be available to clear treatment areas during this time. If BLM biologist is available, the maximum cleared acres by BLM biologist per day shall be 10 acres. Clearances are valid for 10 calendar days.)

• BIG GAME WINTER RANGE: December 1st – February 28th. (No prescribed treatment activity is allowed during this period, unless approved by Farmington Field Manager in coordination with the COR and/or CO.)

E.3 SPECIAL CONSIDERATIONS

MAPS

BLM Maps shall show thinning boundaries, treatment acreage, and areas within the project boundary excluded from treatment. Geo-referenced PDF Avenza Maps of treatment polygons shall be made available by the Farmington Field Office Fire and Fuels program.

PROJECT SITE ACCESS

The contractor shall use existing roads and/or access routes that have been previously approved for vehicle/equipment use by the BLM. No vehicle or equipment shall be driven on avoidance sites. See “Foot Traffic Only” on Attachment A map.

Closest amenities (fuel; food; lodging) are approximately 55 miles southeast of the project site in Bloomfield, NM.

Road Conditions may become difficult in wet conditions. Tire chains are recommended (not provided by BLM).

BOUNDARIES OF PROJECT AREA

Project area boundaries shall be provided as geo-referenced PDF maps for use in Avenza Maps. Contractor may flag project area boundaries as needed (flagging not provided by

BLM).

MIGRATORY BIRDS

Nesting Migratory Breeding Season begins on May 15th and ends on July 31st. No prescribed treatment activity shall be allowed during this period, unless cleared by a BLM biologist prior to treatment and in coordination with the Contracting Officer Representative (COR) and Contracting Officer (CO). Do not assume that BLM biologist shall be available to clear treatment areas during this time. If BLM biologist is available, the maximum cleared acres by BLM biologist per day shall be 10 acres.

Clearances are valid for 10 calendar days.

If contract personnel encounter any bird nests within the acres to be thinned, they shall not cut the tree in which the nest is located or otherwise physically disturb the nest.

BIG GAME WINTER RANGE

Big game wintering range season begins December 1st and ends on February 28th. No prescribed treatment activity is allowed during this period, unless approved by Farmington Field Manager in coordination with the COR and/or CO.

ARCHAEOLOGICAL SITES

This project may pose adverse effects to known and unknown cultural resources within the boundaries of the area.

An on-site meeting with the Farmington Field Office (FFO) archeologist and on-site contractor personnel shall be performed prior to the implementation of any thinning/mastication treatments. Follow guidance from the Farmington Field Office Archeologist to avoid adverse effects to cultural resources. Notify the COR of any unidentified cultural sites discovered during the implementation of the project.

SAFETY AND EQUIPMENT

Contract personnel shall follow and meet all federal, state, and local safety standards and requirements for this project.

REMOVAL OF FOREST PRODUCTS FROM AREA

Removal of any forest product from the project site is not authorized.

TRASH

Thinning contractor shall be responsible for removal of all trash from the project site daily through the duration of the project.

E.4 GOVERNMENT FUNSIHED EQUIPMENT: The government shall furnish all seed(s) required for the tasks associated with this SOW.

E.5 CONTRACTOR FURNISHED EQUIPMENT: The contractor shall furnish all equipment and supplies, not furnished by government as listed in the SOW, to complete associated tasks required in this SOW.

E.6 INSPECTION AND MEASUREMENT

• Initial inspections of treated areas shall be done by a delegated BLM COR or the assigned Project Inspector (PI).

• Final inspections shall include interior and exterior examinations for adherence to prescription.

E.7 SITE VISIT is scheduled for Tuesday, August 27, 2024 at 10:00 a.m. MST.

All contractors are to meet at the junction of NM Highway 64 and NM Highway 527 (36.702099, -107.381508), then travel to the site for the field visit. Information (maps and directions) will be available through the Farmington Field Office, 6251 College Blvd. Suite A Farmington, NM 87042 at 505-478-1485. The work site is approximately a 0.5 hr. drive from the junction of NM Highway 64/527. If you plan on attending the site visit, please contact Jake Quintana via phone (505)-478-1485, or email jjquintana@blm.gov 48 hrs. before day of visit to confirm. The roads out there can be slick if they are wet, so we will have to pay close attention to the weather leading up to this date. High clearance, 4x4 vehicle recommended (if wet roads exist). This visit will be conducted outdoors. This visit will take place in Rio Arriba County.

Site visit is subject to cancellation dependent upon weather and road conditions.

mailto:jjquintana@blm.gov

E.8 LOWEST PRICE TECHNICAL ACCEPTABLE REQUIREMENTS: For the quote to be technically acceptable it must include the following information:

Experience: Provide 3 references for projects completed similar in scope and size. (Name of Job, Start and end dates, Location, Description of work performed, Company – Contact Information, Value of the Job)

Schedule: Provide a schedule to show how work described in the SOW will be completed within the Period of Performance requirements.

Technical: Provide information on how the contractor will approach the project that demonstrates a thorough knowledge and understanding of the requirements in the SOW.

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

---Addendum to 52.212-4---

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING

PLATFORM (IPP) (FEB 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Contractor Invoice

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause) http://www.acquisition.gov/far http://www.acquisition.gov/diar http://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause– Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

--- End of Addendum to 52.212-4---

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 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:

[ ] (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).

[ ] (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).

[ ] (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).

https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900

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

[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) [ ] (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.

[X] (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).

[ ] (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)[Reserve[ ]d]

[X] (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.

[ ](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.

[ ](23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637(a)(14))(Deviation OCT 2022).

[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (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).

[ ] (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) (15U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390

[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

[ ] (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.

[X] (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.

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

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

[X] (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).

[ ] (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 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.).

[ ] (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).

[ ] (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), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I [Reserved].

[ ] (iii) Alternate II (Dec 2022) of 52.225-3.

[ ] (iv) Alternate III (NOV 2023) 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).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 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).

[X](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).

https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513

[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (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) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (64) (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:

[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).

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

[List as necessary]

[ ] (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).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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).

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

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 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.

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

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

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

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

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

(xiv) 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.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) 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).

(xviii) 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).

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

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

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

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

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

(xxiii) 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).

(xxiv) 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.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.

DEVIATION (Oct 2023)

(a) Definitions. As used in this clause—

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker –

(1)

(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and–

(A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)

(i) A worker performs on a contract if the…