Performance Work Statement R1 Lolo NF HVAC Services solicitation.pdf

USFS Region 1 and Lolo NF HVAC Services

Solicitation 12034320Q0169

USFS Northern Region, Missoula MT

REQUEST FOR QUOTES

Solicitation 12034320Q0169

Region One & Lolo National Forest HVAC Services

USFS Northern Region

26 Fort Missoula Rd. Missoula, MT 59919 – Missoula County, Montana

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation number 12034320Q0169, is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAR FAC 2019-05.

This acquisition is set aside 100% for Small Business and the associated NAICS code is 238220 Plumbing, Heating and Air-Conditioning Contractors with a size standard $16.5 million. Vendor must have an active

SAM.GOV registration and qualify as a Small Business under the SBA size standard for this NAICS to be awarded this contract.

Quotes are being solicited to furnish HVAC services for the Northern Region Office and Lolo National Forest

Supervisor’s Office of the Forest Service for a base year with an additional four (4) optional years.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P296_49373

Region 1 Realty Specialist Services

Solicitation 12034320Q0141

SCHEDULE OF ITEMS

(See Attached)

QUOTE PACKAGE SUBMISSION BASIS OF AWARD

Quotes are due by June 8, 2020, 12:00 p.m. (Mountain Standard Time). Only quotes received by email will be accepted. Quotes shall be emailed to tina.cook@usda.gov. For information regarding this solicitation or for verifying receipt of your quote please call or text Tina Cook at (406) 544-5807.

The following must be included in your Request for Quote package to be considered complete, and therefore evaluated for award:

1. Schedule of Items including company information and DUNS number

2. Proof of active Small Business sam.gov registration (Provide DUNS number to verify

SAM.gov active account, or provide a scanned copy of the first page of contractor sam.gov showing account “active”.

3. Completed Experience Questionnaire.

4. Name Key Personnel, and provide CV/Resume for each Key Personnel named.

BASIS OF AWARD

One offer of award will be made to the quoter whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to such factors as price and ability to meet the terms of the contract, and past performance in accordance with FAR 13.106-2. The Experience Questionnaire will become part of the evaluation. See attachment: Experience Questionnaire.

The System for Award Management (SAM), is a Federal Government owned and operated free web site that consolidates the capabilities in CCR/Fed Reg., ORCA, and EPLS. Contractors are required to be actively registered in System for Award Management (SAM) via https://sam.gov/SAM/. For questions concerning registrations, certifications, or assistance with preparing offers, contact the Procurement Technical Assistance

(PTAC) and use this website to locate your PTAC assistance office https://www.montanaptac.org/.

SITE VISIT

A site visit is planned for this project. We will perform the site-visit walkthrough for this contract on

Wednesday, June 3rd, 2020 at 1600 (4:00 pm) Mountain Standard Daylight Savings Time. Contractors registered to attend the site visit will meet behind building 24 (East side) Fort Missoula prior to the walk through. Due to COVID-19 restrictions and in order to adhere to USDA guidance, ensuring the safety of everyone involved, only 1-2 prospective contractors will be walked through the buildings at a time. Prospective contractors are asked to wear a cloth mask and observe social distancing as the COR (Contracting Officer’s

Representative) walks them through the building. To keep these proceedings fair to all parties, the COR will not answer any questions or provide information until all groups have been through the building. Contractors are encouraged to bring a pad and paper to record questions that will then be asked at a group session at the conclusion of the walkthroughs. All questions regarding the solicitation that require further clarification will be documented and posted on BetaSam.gov Contracting Opportunities. Additional questions can also be submitted to Ryan Hemphill via email at ryan.hemphill@usda.gov.

To attend the site please contact Ryan Hemphill at 406-493-5712 or ryan.hemphill@usda.gov to indicate your plans to attend. It is requested that the number of individuals attending from each company be limited to one or two people and that all individuals bring a cloth mask or other face covering. Attached is a questionnaire that mailto:tina.cook@usda.gov https://sam.gov/SAM/ https://www.montanaptac.org/ mailto:ryan.hemphill@usda.gov mailto:ryan.hemphill@usda.gov will be asked of the group prior to entering the building. If the answer to any of the questions on this attachment are yes, that individual will not be allowed in the building.

Due to the proprietary nature of some the HVAC equipment requiring maintenance services under this contract, contractor’s are highly encouraged to attend this site visit. Information regarding the equipment being serviced on the resulting contract that could be obtained during the site visit, will not constitute grounds for a change modification to said resulting contract.

PERFORMANCE WORK STATEMENT (PWS)

1. General Requirements. Contract support to the Heating Ventilation and Air Conditioning (HVAC) system associated with Building 26, Building 24, and Building 46 at Fort Missoula as specified in this Performance Work Statement (PWS).

The First Year of this Contract will be the base year, with four subsequent option years following. Services shall include the maintenance and associated chemical treatment, minor repair, and support for the HVAC mechanical systems. Any discrepancies between this PWS and actual conditions shall be reported immediately to the CO/COR.

1.1. Scope of Work. The contractor shall furnish all labor, materials, tools, equipment, transportation, and insurance required by this contract. The contractor (or subcontractors) MUST be proficient with all relevant control systems used.

The contractor shall at all times provide adequate supervision of employees ensuring all work is accomplished in accordance with the terms and conditions of the contract in a manner that will maintain a satisfactory facility condition and present a clean, neat and professional appearance. The contractor shall confine repair and maintenance activities involving excessive noise, vibration, and similar disruptions to the hours before 8:00 AM and/or after 5:00 PM, or as directed by COR.

1.1.1. For specific tasks, refer to Appendix A (See attached Appendix A) for maintenance items and frequency by building. The contractor shall be responsible for all maintenance parts including but not limited to filters, belts, and required chemicals. The schedule in Appendix can be modified for efficiency as determined through coordination with the contractor and COR.

1.1.2. Cooling tower chemicals for scale, corrosion and bio inhibitor are included in this contract.

1.1.3. Minor Repairs: The contractor shall be responsible to supply all parts, materials and labor to accomplish minor repairs to the heating, ventilating, air conditioning, pneumatic controls and DDC system including service calls.

Examples of minor repairs include tightening, cleaning and adjustment of controls, timers, sequences, thermostats, grills, seals, bearings, recharging or reclaiming, program controller on boiler, etc. Small parts misc. supplies such as screws, nuts bolts, wirenuts, misc. wire rags, oil and cleaning supplies are considered as incidental to minor repair. All repairs shall be completed in a timely manner and noted on the form with a completion date when the repair is finished.

1.1.4. Major repairs are not included in this contract but shall be immediately reported to the COR by written documentation on the form provided at an onsite designated location. Examples of major repairs include the complete failure of compressors, electric motors, boilers, or other major units; or the modification of systems in place to better the performance or operation of a specific item.

1.1.5. At the completion of the preventive maintenance or repair the contractor must present to the COR (or other Forest

Service Facilities representative) a written description of the work performed, a list of parts installed, total labor hours and date completed. These tasks will be reviewed in a quarterly meeting with the CO/COR.

1.1.6. The contractor shall provide extended service twenty-four hours (24) a day, seven (7) days a week, including holidays. The contractor shall provide support within two (2) hours when requested for a short-term emergency service. If the contractor requires the support of a subcontractor for emergency service, the contractor shall have agreements in place to have the subcontractor on-site within two (2) hours after the need for subcontractor is determined.

1.1.7 When the contractor accomplishes work which requires the revision of mechanical, electrical, controls or sequence of system operation the contractor shall immediately notify the COR/CO.

1.2. Deliverables

1.2.1 General Requirement. The contractor is responsible for furnishing the CO with all deliverables below within five

(5) working days after the start of the contract.

1.2.2. Subcontractor List. The contractor shall provide a complete list of subcontractors that will be used in the performance of this contract. The Government may require additional information about subcontractor personnel that will have access to Government buildings or facilities. In the event of any change in personnel that require Government building or facility access, the contractor shall inform the CO promptly of the change, normally within five calendar days.

1.2.3. Personnel List. The contractor shall provide a complete list of the name, address, and work phone number of each employee engaged in the performance of this contract. The Government may require additional information to establish the identity and legal employment status of each employee having access to Government buildings or facilities. In the event of a change in employees, the contractor shall inform the CO promptly of the change, normally within five calendar days after new employee hire or employee dismissal.

1.2.4. Certifications. The contractor shall provide proof of certification for any personnel servicing specialized equipment included in Appendix A.

1.2.5. Quality Control Plan. The contractor shall implement a quality control plan and an electronic copy shall be provided to the CO no later than five (5) working days prior to commencement of work under this contract. The requirements of this plan can be found in section C.1.4. of this document.

1.2.6. Emergency Procedures. The contractor must provide a satisfactory means of contact for emergencies that occur after normal working hours.

1.2.7. Pre-Existing Deficiencies joint inspection and report as outlined in section C5.2.

1.3. Personnel

1.3.1. Field Supervisor. The Field Supervisor will be directly responsible for maintaining in good working condition all of the systems covered by this contract. The Field Supervisor must have at least fifteen years (15) of hands-on field experience to include but not limited to: boilers, chillers, pumps, electrical starters, cooling towers, air handling units, water conditioning systems, electronic direct digital controls, electrical power and electrical control systems. The Field

Supervisor must have at least ten years (10) of supervisory experience and good oral and written communication skills.

1.3.2. The contractor shall be capable of providing written reports to the COR on system conditions, corrective actions taken, preventive maintenance and repairs rendered to the HVAC and control systems.

1.3.3. The contractor shall be capable of scheduling work to cause the least interference with the normal occurrence of

Forest Service business and mission. In those cases where some interference may be essentially unavoidable, the contractor must coordinate with the CO/COR and shall make every effort to minimize the impact of the interference, inconvenience, system downtime, service interruption, and/or customer discomfort.

1.3.4. The contractor shall be capable of continuously maintaining an adequate staff with suitable management expertise to ensure that work is scheduled and completed in accordance with these specifications. The contractor shall maintain an adequate work force to complete work in accordance with the time and quality standards specified.

1.3.5. Employee Identification. Clothing clearly marked with the company name/logo shall be worn onsite or a visitor badge will be issued and worn in a conspicuous place on exterior clothing whenever work is being performed under this contract.

1.4. Contractor Quality Control

1.4.1. General Requirement. The contractor is responsible for quality control and shall establish and maintain an effective quality control system. The quality control system shall consist of plans, procedures, and organization necessary to produce services that comply with the contract requirements. The system shall cover all operations as set forth in this contract. The contractor shall be responsible for the quality of work on the job and is subject to termination for non-compliance with quality requirements specified in the contract. The role of the Government is quality assurance to ensure contract standards are met. Please see attached Quality Assurance Surveillance Plan (QASP).

1.4.2. Quality Control System. The contractor's Quality Control system shall include, as a minimum, the following operations, including work by subcontractors:

1.4.2.1. Assure the Quality Control Manager has direct accountability to the contractor's top management.

1.4.2.2. Contain procedures for written and verbal communication with the Government regarding performance of the contract.

1.4.2.3 Contain procedures for handling corrective action without dependence upon Government direction.

1.4.2.4. Maintain records of all contractor quality control checks and corrective action. These files shall be maintained by the contractor throughout the term of this contract and shall be made available to the Contracting Officer or designated representative during the term of this contract. The contractor shall retain its quality control files for not less than one year after the completion or termination of the contract.

1.4.2.5. Acceptance of Plan. Government acceptance of the QCP is conditional and will be predicated on satisfactory performance during the services. The Government reserves the right to require the contractor to make changes in its QCP and operations including removal of personnel, as necessary, to obtain the quality specified. After acceptance of the QCP, the contractor shall notify the Contracting Officer in writing of any proposed change. Proposed changes are subject to acceptance by the Contracting Officer.

1.4.3. All contractor personnel shall sign-in and sign-out at the COR’s desk before beginning any work on Forest Service equipment. If the COR is not present, all contractor personnel shall still sign-in/sign out and shall additionally message the

COR via text or voicemail to let the COR that they are on site.

1.4.4. The contractor’s Field Supervisor and COR shall meet quarterly (January, April, July & October) or as negotiated.

Mutual effort will be made by both parties to resolve any problems identified during the performance of the contract requirements. If deemed necessary by the COR, written minutes of the meetings will be prepared by the COR and signed by the contractor. Should the contractor not concur with the minutes, the contractor shall notify the CO, in writing, of any areas of disagreement within five (5) days following issuance of the minutes.

1.5. Safety

1.5.1. The contractor shall use products made with recycled materials to the greatest extent possible. Preference should be given to concentrated cleaning and maintenance chemicals which use ecologically sound packaging and are phosphate-free, non-corrosive, non-flammable, and fully biodegradable.

1.5.2. Materials or supplies shall not be used in performance under this contract (or placed or stored on Government property) until the applicable Safety Data Sheets for all chemicals and hazardous materials have been furnished to the

COR/CO.

1.5.3. The contractor shall not use any material which the COR determines would be unsuitable for the purpose or harmful to the surfaces to which applied. Costs for correcting damage caused by misused materials will be borne by the contractor.

1.5.4. The COR reserves the right for final approval on all materials and supplies utilized by the contractor.

1.5.5. The contractor shall be responsible for the safety and general cleanliness of the Forest Service equipment facilities and shall take adequate precautions to prevent fire hazards, odors, and vermin.

1.6. Security

1.6.1 All outside doors shall remain locked while contractor performs work. The contractor shall assure that all exterior doors in the main building and outlying buildings are locked prior to departure and that all doors inside the buildings and outlying buildings that are required to remain locked are also locked.

1.6.2. Turn off unnecessary lights/faucets. Close windows. Contractor shall immediately report fires and hazardous conditions to the COR.

1.6.3. Contractor shall immediately notify the COR if any problems are encountered either with the alarm or if any keys are lost.

1.6.4. Contractor personnel entering and leaving the Fort Missoula Forest Service sites with personal property, including tools and equipment, will be subject to inspection by the Fort Missoula Forest Service Employees.

2. Government Furnished Property/Supplies/Items

2.1. The US Forest Service at Fort Missoula shall provide, without cost, materials, and services listed below. Forest

Service property shall be used only for official Forest Service business in the performance of this contract. Neither the contractor nor the contractor’s employees shall use the Forest Service property in any manner for any personal advantage, business gain, or other personal endeavor.

2.2. The Forest Service will furnish key card badges for building access to all awarded contractor employees. All key card badges shall be signed for and returned to the COR immediately upon termination of the contract. The contractor shall establish and implement a procedure for ensuring that all keys and/or combination locks are not misplaced and/or used by unauthorized individuals. Keys issued to the contractor shall not be duplicated and combinations to combination locks shall not be disseminated beyond a "need to know" basis. The contractor shall report the loss of badges or key(s) or the compromise of a combination immediately to the COR. All cost to replace keys will be paid by the contractor.

2.3. The Forest Service will make existing as-built drawings and Operation/Maintenance manuals available to the contractor upon request. These items shall remain on Forest Service property unless prior approval is received from the

COR. The Forest Service makes no representation as to the completeness or accuracy of these drawings.

3. Contractor Furnished Items

3.1. Contractor shall provide all parts, equipment, materials, and services to perform the requirements of maintaining the

HVAC mechanical equipment and the temperature/environmental control systems. The contractor shall furnish new parts and components in the performance of maintenance and repair services as described herein.

3.2. All replacement units, parts, components and materials to be used in the maintenance and repair of the HVAC and control systems included herein shall be compatible with the equipment on which it is to be used; shall be of equal or better quality than original equipment specifications; shall conform to the technical specifications herein; and shall be used in accordance with original design and manufacturer intent.

3.3. Items not listed in the technical specifications shall be of acceptable industrial grade and quality.

3.4. If the original manufacturer has updated the quality of parts for current production, parts supplied under this contract shall be equal to or exceed the quality of the updated parts.

3.5. Safety Data Sheets (SDS). The contractor shall submit SDS sheets obtained from the manufacturer or dealer concerning all hazardous materials (i.e., chemicals and cleaning solutions) to be used under this contract to the COR/CO within five (5) days after commencing work. Reference: 29 CFR 1910-1200. SDS sheets shall be submitted and products approved prior to the use of any products.

3.6. Contractor’s Equipment. The Government may inspect contractor's equipment at any time. Contractor's equipment shall be subject to approval by the COR/CO. The contractor shall service or replace at no cost to the Government any equipment found to be defective, unsafe, or unsuitable.

3.7. Removal of Property Upon Expiration of Contract. The contractor shall, within five (5) days after the expiration of this contract, remove from Government premises all contractor owned vehicles, equipment, tools, supplies, materials, or other items. If the contractor does not remove said items within the stated period, the items will be delivered to the designated property office and disposition will be made in accordance with Government regulations.

4. General Information

4.1. Workmanship and Material Standards

4.1.1 All workmanship shall meet the standards specified herein, and shall be accomplished in accordance with approved and accepted standards of the; (1) industry, (2) equipment manufacturer, (3) applicable Federal and Local standards and codes, (4) applicable building and safety codes and (5) Building specifications, including, but not limited to, American

Society of Mechanical Engineering (ASME).

4.1.2. When the contractor completes work on a system included in this contract, the system shall be free of missing components or defects, which would prevent it from functioning as originally intended and/or designed. Corrective or repair/replacement work shall be carried to completion, including operational checks and cleanup of the work site. Except where noted otherwise, replacement components and systems shall match existing function.

4.1.3. All replacement parts, and expendable material provided by the contractor shall be of equal or better grade than those recommended by the equipment manufacturer.

4.1.4. During and at the completion of work, debris shall not be allowed to spread unnecessarily into adjacent areas nor accumulate in the work area itself. All such debris, excess material, and parts shall be cleaned up and removed from

Forest Service property at the completion of the job and/or at the end of each day work is in progress, whichever is sooner.

4.1.5. Warranty Items: Equipment, components, and parts, other than those installed under this contract, shall not be removed, replaced and/or repaired while still under warranty of the manufacturer or installer without prior approval from the COR. All defects in material or workmanship, defective parts, or improper installation or adjustment shall be reported to the COR in order to initiate appropriate corrective action.

4.2. Pre-Existing Deficiencies

4.2.1. Pre-Existing Deficiencies: Within twenty (20) calendar days following contract award, the contractor and COR shall complete a joint inspection for identifying any pre-existing deficiencies associated with any HVAC or Control

System included in this contract.

4.2.2. Following completion of the inspection, the contractor shall prepare a written report listing all deficiencies noted during the joint inspection; this report shall be submitted to the COR within 5 calendar days after the inspection. As part of the report, the contractor shall also identify any system which is presently operable but which the contractor feels should be considered for upgrade or replacement.

4.2.3. The Forest Service reserves the right to correct any or all of the pre-existing deficiencies by other means other than this contract. The Forest Service may elect to have all, or any part of this work performed by Government employees or by other contractors.

4.2.4. Any and all deficiencies for minor repairs found after completion of the joint inspection shall not be considered pre-existing deficiencies, therefore shall be repaired or replaced by the contractor.

4.3. Replacement, Modernization, and Renovation

4.3.1 During the term of this contract, the Forest Service may repair, replace, renovate, or improve the systems at the expense of the Forest Service by means not associated with this contract. All replaced, improved, updated, modernized, or renovated conveyance shall be maintained, and/or repaired by the contractor at no additional cost to the Forest Service unless such changes result in an increase or decrease in contract requirements. Any changes, replacements, or deletions which result in an increase or decrease in contract requirements will result in negotiated modification to the contract price, if applicable.

4.4. Performance Periods

The contract period for the base year, Item 1, will be July 1, 2020 – June 30, 2021.

The contract period for Option Year One (1), Item 2, is July 1, 2021 – June 30, 2022.

The contract period for Option Year Two (2), Item 3, is July 1, 2022 – June 30, 2023.

The contract period for Option Year Three (3), Item 4, is July 1, 2023 – June 30, 2024.

The contract period for Option Year Four (4), Item 5, is July 1, 2024 – June 30, 2025.

4.5. Contract Time

The contract periods shall extend for 12 months. However, at the option of the Government, the contract option may be exercised for additional one-year periods, not to exceed one option period, with the same terms and conditions. The Government will notify the Contractor of its intent to exercise the option not less than thirty (30) calendar days prior to the expiration of the current contract period.

4.6. Performance Based Service Contract

This is a performance based, commercial service contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided, an adjustment to the payment will be made.

4.7 Commercial Services Contract

A commercial item contract streamlines the terms and conditions to resemble those already used in the everyday marketplace.

4.8 Use of Premises

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Government business.

4.9 Invoicing Requirements

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

4.10 Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

4.11 Key Personnel

The key personnel specified as part of the quote package, are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

4.12 Service Contract Act

This contract is subject to the Service Contract Act of 1965.

(Please see attached Wage Determination)

Wage Determination No.: Wage Determination No.: 2015-5401 Revision No.: 9 Date Of Last Revision:

12/23/2019

4.12 Pre-work Conference

A post award pre-work meeting may be scheduled with the successful offeror/contractor to review contract requirements. This meeting will be scheduled at the earliest available time of the Contracting Officer and the

Contracting Officer’s Representative.

http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

52.203-16 Preventing Personal Conflicts of Interest (Deviation) (APR 2018)

Deviation:

(e) Subcontract flowdown. The Contractor shall include the substance of this clause, including this parapragh (e), in subcontracts—

(1) That exceed $150,000 [the simplified acquisition threshold]; and

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

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

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.245-1 Government Property (JAN 2017)

52.245-9 Use and Charges (APR 2012)

Clauses incorporated in Full Text:

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (Deviation 2017-1) (AUG 2019)

(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 2019) (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).

http://farsite.hill.af.mil/ https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(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.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), 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 (OCT 2015) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUNE 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 and Requirement to Inform Employees of Whistleblower Rights (APRIL 2014) (41 U.S.C. 4712) relating to whistleblower protections).

(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

(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).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 OF DIV. C).

(9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) (41 U.S.C. 2313).

(11) [Reserved].

(12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

(ii) Alternate I (NOV 2011) of 52.219-3.

(13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

(14) [Reserved]

(15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

(ii) Alternate I (NOV 2011).

(iii) Alternate II (NOV 2011).

(16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

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(ii) Alternate I (OCT 1995) of 52.219-7.

(iii) Alternate II (MAR 2004) of 52.219-7.

(17) 52.219-8, Utilization of Small Business Concerns (CT 2018) (15 U.S.C. 637(d)(2) and (3)).

(18) (i) 52.219-9, Small Business Subcontracting Plan (Deviation – 4/18/2018) (AUG 2018) (15

U.S.C. 637(d)(4)).

Deviation:

(d)(11)(iii) Records on each subcontract solicitation resulting in an award of more than $150,000 [the simplified acquisition threshold], indicating--

(ii) Alternate I (NOV 2016) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JAN 2017) of 52.219-9.

(v) Alternate IV (Deviation – 4/18/2018) (AUG 2018) of 52.219-9.

Deviation:

(d)(11)(iii) Records on each subcontract solicitation resulting in an award of more than $150,000 [the simplified acquisition threshold], indicating--

(19) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

(20) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

(21) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)

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

(23) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C.

632(a)(2)).

(24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

(25) 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 (DEC 2015) (15 U.S.C. 637(m)).

(26) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

(27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O.

13126).

(28) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136174 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136186 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136387 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144950 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144420 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147479 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147630 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711

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

(30) (i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

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

(31) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JULY 2014) (29 U.S.C. 793).

(ii) Alternate I (JULY 2014) of 52.222-36.

(32) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

(34) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

(35) 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.)

(36) (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.)

(37) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(38) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) (E.O. 13693).

(39) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s

13423 and 13514).

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

(40) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

(41) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

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(42) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

(E.O.s 13423 and 13514).

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

(43) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

(E.O. 13513).

(44) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(45) 52.223-21, Foams (JUN 2016) (E.O. 13693).

(46) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(47) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

(48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

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

43.

(ii) Alternate I (MAY 2014) of 52.225-3.

(iii) Alternate II (MAY 2014) of 52.225-3.

(iv) Alternate III (MAY 2014) of 52.225-3.

(49) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(50) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(51) 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).

(52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

(53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42

U.S.C. 5150).

(54) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

(55) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

(56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT

2018) (31 U.S.C. 3332).

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