RFQ.1240LP24Q0053.ARP.BRD.Toilet.Pumping.5-Years.pdf

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Arapaho-Roosevelt NF/Pawnee NG-Boulder RD-Toilet Pumping-SOLICITATION
Solicitation number
1240LP24Q0053
Issued by

About this file

This document is a solicitation for commercial services related to toilet vault pumping services for the Arapaho-Roosevelt National Forest and Pawnee National Grassland - Boulder Ranger District. The solicitation is for a single-award, multi-year contract for up to five years (one base year plus four option years) to provide regular and as-needed vault toilet pumping services at five locations throughout the district.

The work requires the contractor to provide all personnel, equipment, and services necessary to pump the vaults, remove and dispose of refuse, and recharge the vaults with water. Key technical requirements include pumping through the vault access, proper disposal of waste, protecting the vault liners, and minimizing disruption to recreation area users. Equipment must meet minimum specifications such as a 1,000 gallon pumper tank capacity. The government will provide access to the facilities, and the contractor is responsible for any damages. Quotes are due by May 15, 2024 at 3:00 PM MDT and shall be submitted to the Contracting Officer Representative. The government will evaluate offers based on technical, past performance, and price factors.

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

40LP

OGDEN UT 84401-2310

324 25TH ST

USDA-FS CSA INTERMOUNTAIN 4

82AU CODE 16. ADMINISTERED BYCODE

X

X

562991

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR40LP

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

05/15/2024 1500 MD

05/09/2024

JANE PEDROTTI

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LP24Q0053

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 331117321OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BOULDER CO 80301

2140 YARMOUTH AVENUE

BOULDER RANGER DISTRICT

USDA FOREST SERVICE

15. DELIVER TO

OGDEN UT 84401-2310

324 25TH ST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA INTERMOUNTAIN 4

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

1240LP24Q0053 - Arapaho-Roosevelt NF/Pawnee NG -- Boulder Ranger District Toilet Vault Pumping - Multi year - 5 -Years - BASE Year + 4 Option Years

RESPONSES DUE BY MAY 15, 2024 NO LATER THAN 3:00

PM MDT

INTERESTED VENDORS COMPLETE BLOCKS 17A AND

30A-30C ON PAGE ONE OF THE SF1449, AND ALL

HIGHLIGHED FIELDS WITHIN THE SF1449 (SECTIONS B &

F), NOTE: SECTION E, CAREFULLY READ THE

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

CURTIS R. LANDRETH

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

INSTRUCITON TO OFFERORS & EVALUATING FACTORS;

RETURN THE SF1449 IN ITS ENTIRETY TO

JANE.PEDROTTI@USDA.GOV, WITH ALL REQUIRED

DOCUMENTATION LISTED IN SECTION E, BY THE DUE

DATE LISTED ABOVE. IT MUST BE RECEIVED IN LISTED

EMAIL INBOX BY THE DUE DATE/TIME OR IT WILL BE

CONSIDERED A LATE QUOTE. INCOMPLETE QUOTES OR

LATE QUOTES WILL NOT BE ACCEPTABLE.

All vendors submitting quotes must currently be registered in the System for Award Management

(www.sam.gov) and provide their Unique Entity

Identifier (UEI#) number on their quote. Payment to the successful bidder will be made following receipt and acceptance of the items.

Period of Performance: 05/20/2024 to 04/30/2029

0001 Base Year.

Product/Service Code: S222

Product/Service Description: HOUSEKEEPING- WASTE

TREATMENT/STORAGE

Delivery: 04/30/2025

Period of Performance: 05/20/2024 to 04/30/2025

1001 Option Year 1.

(Option Line Item)

Product/Service Code: S222

Product/Service Description: HOUSEKEEPING- WASTE

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1240LP24Q0053

TREATMENT/STORAGE

Delivery: 04/30/2026

2001 Option Year 2.

(Option Line Item)

Product/Service Code: S222

Product/Service Description: HOUSEKEEPING- WASTE

TREATMENT/STORAGE

Delivery: 04/30/2027

3001 Option Year 3.

(Option Line Item)

Product/Service Code: S222

Product/Service Description: HOUSEKEEPING- WASTE

TREATMENT/STORAGE

Delivery: 04/30/2028

4001 Option Year 4.

(Option Line Item)

Delivery: 04/30/2029

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B – CONTINUATION OF SF-1449

1240LP24Q0053

Schedule of Items/Price Schedule:

ARP/BRD TOILET PUMPING MULTI YEAR-5 YEAR SOLICITATION

ARAPAHO-ROOSEVELT NF/PAWNEE NG – BOULDER RANGER DISTRICT

2140 YARMOUTH AVENUE

BOULDER, CO 80301

Project Description: ARP/BRD TOILET PUMPING

Vendor Name: __________________________________Vendor UEI:_______________________

Vendor Point of Contact Name: ______________________________________________________

Vendor Point of Contact Email & Phone #:_____________________________________________

PUMPING SERVICES FOR SRD TOILET VAULT SUMMARY

BRD BASE YEAR (5/20/2024 TO 4/30/2025) $

BRD OPTION YEAR 1 (5/1/2025 TO 4/30/2026) $

BRD OPTION YEAR 2 (5/1/2026 TO 4/30/2027) $

BRD OPTION YEAR 3 (5/1/2027 TO 4/30/2028) $

BRD OPTION YEAR 4 (5/1/2028 TO 4/30/2029) $

TOTALS $

Period of Performance BASE YEAR 0001: 05/20/2024 – 04/30/2025

ITEM

No. DESCRIPTION

Miles from Boulder

CO

Number of Times Sites are Serviced Annually

Est.

Vault

Capacity

Number of

Vaults Per Site

$ Price of Pumping Per Each Gallon

Pumped

$ Total Annual Cost of

Price Per Site Per

Year

0001 Forsythe Canyon TH 14 2 500gal 1 $ $

0002 East Portal TH 29 3 500gal 1 $ $

0003 Sourdough TH 25 2 500gal 2 $ $

0004 Meeker Park Picnic Area 39 1 500gal 2 $ $

0005 South St. Vrain Picnic Area 24 1 500gal 2 $ $

0006 Excess Trash Removal (in excess of 1 Cubic Foot in a single vault)

Annual Est: 13 vaults Price/ Occurrence:

BASE YEAR TOTAL $

Services are rendered on call/ as needed.

Payment will be based on the services provided for the specified vault(s). Not all vaults will require regular recurring service.

Period of Performance OPTION YEAR 1001: 05/01/2025 – 04/30/2026

ITEM

No. DESCRIPTION

Miles from Boulder

CO

Number of Times Sites are Serviced Annually

Est.

Vault

Capacity

Number of

Vaults Per Site

$ Price of Pumping Per Each Gallon

Pumped

$ Total Annual Cost of

Price Per Site Per

Year

1001 Forsythe Canyon TH 14 2 500gal 1 $ $

1002 East Portal TH 29 3 500gal 1 $ $

1003 Sourdough TH 25 2 500gal 2 $ $

1004 Meeker Park Picnic Area 39 1 500gal 2 $ $

1005 South St. Vrain Picnic Area 24 1 500gal 2 $ $

1006 Excess Trash Removal (in excess of 1 Cubic Foot in a single vault)

Annual Est: 13 vaults Price/ Occurrence:

OPTION YEAR 1 TOTAL $

Services are rendered on call/ as needed.

Period of Performance OPTION YEAR 2001: 05/01/2026 – 04/30/2027

ITEM

No. DESCRIPTION

Miles from Boulder

CO

Number of Times Sites are Serviced Annually

Est.

Vault

Capacity

Number of

Vaults Per Site

$ Price of Pumping Per Each Gallon

Pumped

$ Total Annual Cost of

Price Per Site Per

Year

2001 Forsythe Canyon TH 14 2 500gal 1 $ $

2002 East Portal TH 29 3 500gal 1 $ $

2003 Sourdough TH 25 2 500gal 2 $ $

2004 Meeker Park Picnic Area 39 1 500gal 2 $ $

2005 South St. Vrain Picnic Area 24 1 500gal 2 $ $

2006 Excess Trash Removal (in excess of 1 Cubic Foot in a single vault)

Annual Est: 13 vaults Price/ Occurrence:

OPTION YEAR 2 TOTAL $

Services are rendered on call/ as needed.

Period of Performance OPTION YEAR 3001: 05/01/2027 – 04/30/2028

ITEM

No. DESCRIPTION

Miles from Boulder

CO

Number of Times Sites are Serviced Annually

Est.

Vault

Capacity

Number of

Vaults Per Site

$ Price of Pumping Per Each Gallon

Pumped

$ Total Annual Cost of

Price Per Site Per

Year

3001 Forsythe Canyon TH 14 2 500gal 1 $ $

3002 East Portal TH 29 3 500gal 1 $ $

3003 Sourdough TH 25 2 500gal 2 $ $

3004 Meeker Park Picnic Area 39 1 500gal 2 $ $

3005 South St. Vrain Picnic Area 24 1 500gal 2 $ $

3006 Excess Trash Removal (in excess of 1 Cubic Foot in a single vault)

Annual Est: 13 vaults Price/ Occurrence:

OPTION YEAR 3 TOTALS $

Services are rendered on call/ as needed.

RESPONSES DUE BY MAY 15, 2024 AND MUST BE RECEIVED IN INBOX OF

JANE.PEDROTTI@USDA.GOV NO LATER THAN 3:00 PM MDT.

Schedule Notes:

All Prices submitted in the quote include all personnel, transportation, equipment, tools, supervision, and other items and services necessary to perform the work.

One award will be made from this solicitation, contractors must submit pricing for all items.

Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

Funds are presently available for this contract.

Please see Instruction to offerors starting on page 26, Section E..

Period of Performance OPTION YEAR 4001: 05/01/2028 – 04/30/2029

ITEM

No. DESCRIPTION

Miles from Boulder

CO

Number of Times Sites are Serviced Annually

Est.

Vault

Capacity

Number of

Vaults Per Site

$ Price of Pumping Per Each Gallon

Pumped

$ Total Annual Cost of

Price Per Site Per

Year

4001 Forsythe Canyon TH 14 2 500gal 1 $ $

4002 East Portal TH 29 3 500gal 1 $ $

4003 Sourdough TH 25 2 500gal 2 $ $

4004 Meeker Park Picnic Area 39 1 500gal 2 $ $

4005 South St. Vrain Picnic Area 24 1 500gal 2 $ $

4006 Excess Trash Removal (in excess of 1 Cubic Foot in a single vault)

Annual Est: 13 vaults Price/ Occurrence:

OPTION YEAR 4 TOTALS $

Services are rendered on call/ as needed.

Payment will be based on the services provided for the specified vault(s). Not all vaults will mailto:JANE.PEDROTTI@USDA.GOV

Background & Purpose:

The Arapaho and Roosevelt NFs and Pawnee NG (ARNFPNG) is located in north central Colorado. The forests and grassland encompasses 1.5 million acres and extends north to the Wyoming border, south of Interstate 70 to Mount Evans, west across the Continental Divide to the Williams Fork area and includes short grass prairie east of I-25.

The Arapaho-Roosevelt NF/Pawnee NG – Boulder RD is in need of establishing a new 5-Year Toilet Pumping Contract, as the previous one has expired, Need by Date is 5/1/2024 for the BASE Year. This is a continuous need for the Health & Safety of the Public that visits this area. The work requires regular and as-needed vault toilet pumping services for 5 locations spread throughout the district. The Government anticipates awarding this program under a single-award, multi-year contract for a potential maximum of five years (base period plus four optional years). This opportunity requires one (1) contractor to support the work.

Description of Work Requirements:

(See ATTACHMENT #1 - “Performance Work Statement” [PWS])

This is a performance-based service contract and requires the Contractor to be responsible for an end-product. If an end-product is not provided in compliance with the contract specifications, an adjustment to the payment may be made by the Contracting Officer.

The toilets are in mountainous terrain where weather changes quickly and cell phone service is sometimes nonexistent. This contract is for regular toilet maintenance and vault toilet cleaning services at 5 locations spread throughout the district. Please see Section 5 for the list of locations and directions, along with the map in the exhibits showing the toilet locations and topography around the Boulder Ranger District of the Arapaho and Roosevelt National Forest. The earliest date of the season that a toilet can be pumped is May 1st and the latest date is November 1st. The earliest and latest dates correspond with thawing and freezing temperatures to assure pumping is not occurring during frozen ground. Each pumping must be complete by the end of each date range.

Contractor Requirements

2.0 Technical Requirements / Tasks:

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to complete all aspects of the work required in accordance with this PWS. It is recommended that all Contractors visit the sites and acquaint themselves with current conditions prior to submitting a bid for these services.

Several toilets/vaults at different sites and locations may be pumped depending on amount of use and need. Bids should reflect the cost per gallon pumped at each of the sites and include any transportation and disposal costs. If several trips are needed, then vaults will be prioritized by the Contracting Officers Representative, and individual sites may need to be visited more than once to complete the job. The

Contracting Officers Representative will determine the most efficient and cost-effective pumping schedule and will work with the contractor to ensure that a full load is taken each time.

2.1 Tasks: Regular scheduled duties are to include:

• Pump vaults and remove refuse; dispose of all waste at a permitted facility (documentation of proper disposal is to be provided to the Owner with invoicing).

• Notify Owner of any damage or excessive dumping of trash.

• Add a re-charge of water sufficient to prevent toilet paper and waste from sticking to the vault floor.

• The Contractor shall keep written documentation of regular service, which shall be submitted with invoices.

• The Contractor shall maintain regular contact with the Contracting Officers Representative at the

Boulder Ranger District.

2.2 Technical Requirements:

1. Toilet pumping must be done through the vault access at the rear, not through the riser unless that is the only access available.

2. All solid waste material or refuse capable of being pumped shall be removed from each vault for which pumping services are ordered.

3. Any other material not pumped out shall be removed, bagged, and disposed of off National Forestland at an approved waste facility. When using tools to remove trash, exercise caution as liners are easily damaged if struck with tools such as a bar or shovel. The Contractor is responsible for any damage he/she causes to the liner.

4. After refuse is pumped or otherwise removed, the vault shall be flushed with water.

5. All toilets pumped will require a re-charge of water sufficient to prevent toilet paper and waste from sticking to the vault floor. Water for re-charging shall be considered incidental to the pumping.

6. Waste products extracted from the vaults will be disposed of at the contractor’s expense at an approved municipal or county sewage disposal facility. It shall be the contractor’s responsibility to locate and to make proper arrangements to dispose of sewage at disposal and treatment facilities, which meet State and local requirements.

7. The contractor shall remove and replace any barriers or covers required for access to pump the toilet vaults. Ensure airtight seal of vault covers so venting is not interfered. Contractor shall notify Contracting Officer’s Representative if an airtight seal is not occurring.

8. All work under this project shall be performed in a manner providing a minimum of interference with the users of the recreation areas. Appropriate temporary closure notices shall be posted during service. Service shall be conducted in a manner that is respectful to users of the facility and allows for restricted continued use of the facility if possible (i.e., closure of one hole at a time) or if full closure is necessary, it shall be for the minimum time possible. Any incidents with the public shall be reported to the Contracting Officer and Contracting Officer Representative as soon as possible.

9. Care shall be taken to protect and maintain the parking lot delineators, signage, pavement improvements and vehicles parked at the facility during maintenance activities.

2.3 Equipment:

Equipment shall meet or exceed the following minimum requirements:

• Pumper tank capacity of 1,000 gallons

• Vacuum pump

• 3-inch diameter intake valve and 200 feet of hose

• Long handled grappling device

• Capability of carrying extra water for cleaning purposes and for re-charging

• Back-up warning device

All equipment shall be in good repair with appropriate lights and reflectors and intended for the task assigned and shall appropriately contain waste for transport. No equipment or materials are to be stored at the parking area site.

The Contractor shall ensure that containers or tanks used for septic pumping and transport are not washed within 150 feet of open water: springs, ditches, streams, ponds, or lakes. The contractor will follow all State, Federal and label regulations involving rinsing and washing procedures. A tight fitting, secure lid is mandatory on all tanks and containers. The contractor will inspect equipment daily for leaks and suspend operations until all leaks are repaired.

All pump operations and transport vehicles will have standard adequate spill containment and cleanup materials and equipment. Contractors and their employees will be trained in responding to and dealing with any spills. Should a minor or major spill occur, the contractor will immediately contact Forest Service personnel.

2.4 Damages:

Any Damage that the Contractor is attributing from factors other than the service work performed by the Contractor must be identified to the COR before service work begins. Otherwise, the Contractor shall be held liable. For Contractor damages to Government Property, the Contractor shall restore at the Contractor’s expense, and no expense to the Government, any Government property, including but not limited to: facilities, equipment, structures, land, natural resources or other Government property damaged as a result of performing the requirements of this statement of work. Repairs shall be made promptly and to the satisfaction of the CO. In addition, the damage shall be reported to the COR and CO within 24 hours of the occurrence. All repairs or replacements made to Government property shall be done using quality workmanship and materials and the damaged property shall be repaired to an equal or better condition than existed prior to the damage. Materials used for replacement shall be new or good as new and shall not be worn out, damaged, or out of date.

2.5 Communication

• The Contractor shall maintain regular contact with the Contracting Officer Representative at the Boulder Ranger District.

• The Contractor shall keep written documentation of regular service, which shall be submitted with invoices.

3.0 Deliverable / Schedule

Deliverable Media Due Date Submit to Biobased Products List

Electronic Word or

PDF

Submission with Proposal CO

Contractor Onsite Representative

Electronic Word or PDF

At Time of Award CO and COR

Quality Control Plan Electronic copy PDF Submission with Proposal CO and COR

3.1 Regular Scheduled Work Services: The vault pumping timeframe generally occurs May 1st through November 1st. The frequency of vault pumping services may vary, depending on usage and environmental/weather conditions. Therefore, toilets may be closed as determined by the Contracting Officer Representative during winter months. The specified timeframe may change based on these conditions as well. No payment for services will be made for closed toilets.

• Regular scheduled work may be made verbally or in written format directly from designated Contracting Officers Representative and confirmed in the Contracting Officers Representative’s records prior to commencement of the toilet pumping each season.

3.2 Scheduling Work: Following contract award, subsequent requests for pumping services may be made verbally or in writing by the designated COR and confirmed in the Contracting Officers Representative’s records.

The performance of regular scheduled work will be in accordance with Regular Scheduled Work Services (see paragraph 2.0, above). Subsequent a request for service, the contractor shall notify the Contracting Officers Representative within 24 hours of the time the work is completed.

3.3 Service Hours: Service may be performed at any time of day but shall be performed during the work week. Service will not be performed on weekends or Federal Holidays.

3.4 Unscheduled Service: The Government may elect to add service to the regular schedule for special events or periods of heavy use at the written authorization of the Contracting Officer. If the Contractor notices the facility is getting used more than the regular scheduled maintenance can accommodate, the Contracting Officer Representative shall be notified immediately. Additional service may be added to the regular schedule at the written authorization of the Contracting Officer. Payment for additional service shall be based on unit bid prices for regular service. Unscheduled service must comply with the terms herein. Additional requirements will be specified during a call request.

4.0 Government Furnished: Unless otherwise stated, the contractor shall furnish all equipment and/or materials to perform this work. Any applicable Government Furnished Property/Material supplied, if applicable:

• Will be identified in the work order requests.

• Will be coordinated on a case-by-case basis by the COR.

• Will require written confirmation of receipt by the Contractor to the COR. Emails are acceptable.

BIOBASED PRODUCTS:

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extend feasible and reasonable, include the exclusive use of biobased products. The Contractor shall utilize the greatest number of biobased products available that meet applicable health and environment specifications. All supplies and materials to be used in the performance of work under this contract are subject to the approval of the Contracting Officer (CO). For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to BioPreferred

4.1 Facilities access: The contractor may require access to facilities through locked gates and vault covers. The government shall provide either keys or combination codes for access.

5.0 LOCATIONS:

(See Section 5.0 of ATTACHMENT #1 - “Performance Work Statement” [PWS]) (See ATTACHMENT #2 - “MAP”)

Travel: The services are required at various recreation sites on the Boulder Ranger District, in the vicinity of Boulder, Colorado. The 5 sites to be serviced, as shown on the attached map, are:

1. Forsythe Canyon Trailhead (CXT 1-hole vault at 500 gal) Directions – from Boulder take Boulder Canyon Drive west for approximately 5 miles. Turn south onto Magnolia Road, which is paved for the first 4 miles, then becomes a county-maintained dirt road (CAUTION – the first 4 miles are along EXTREMELY steep, narrow, and curving mountain roads! You can access Magnolia Road from the west via Highway 72 south of Nederland as an alternate option). Continue on the dirt road approximately 5 miles, then turn east onto CR 68 and drive approximately 2 miles on a maintained dirt road. Turn south onto FSR 359.1, which is the Forsythe Canyon Trailhead parking lot. The restroom is on the west side of the parking lot.

2. East Portal Trailhead (CXT 1-hole vault at 500 gal) *Note: There are 2 CXTs at this location, but one is damaged and out of service indefinitely. If repaired or replaced, such change may be reflected in a future contract modification.

Directions – from Boulder take Boulder Canyon Drive west to Nederland, CO. From Nederland, head south on Highway 119 towards Blackhawk and drive approximately 5 miles. Turn west on Tolland Road and drive approximately 8 miles on a county-maintained road to East Portal Trailhead parking lot. There are two gray restroom buildings on the southwest corner of the parking lot.

3. Sourdough Trailhead (2-hole vault at 500 gal/hole) Directions – from Boulder take Boulder Canyon Drive west to Nederland, CO. From Nederland, head north on Highway 72 for approximately 7.5 miles, then turn west on CR 116 (Rainbow Lakes Road), which is a county-maintained dirt road. Drive for approximately 0.6 miles and turn south into Sourdough Trailhead. The restroom is located on the northeast corner of the parking lot.

https://www.biopreferred.gov/BioPreferred/faces/Welcome.xhtml

4. Meeker Park Picnic Area (2-hole vault at 500 gal/hole) Directions – from Boulder head north to Lyons, CO, via Highway 36. From Lyons head southwest on Highway 7 for approximately 25 miles, passing the town of Allenspark, CO, to the Meeker Park Picnic area, which is on the east side of the highway. Note: The Meeker Park CAMPGROUND (on the west side of the highway) is not maintained by this contract.

5. South St. Vrain Picnic Area (2-hole vault at 500 gal/hole) Directions - from Boulder head north to Lyons, CO, via Highway 36. From Lyons head southwest on Highway 7 for approximately 8 miles and turn into the South St. Vrain Picnic area.

Note: There is no sign from Hwy. 7 indicating this location.

Service trucks shall be driven on established roads and spurs only, unless otherwise authorized by the Contracting Officer.

6.0 Permits and Responsibilities

The contractor shall be responsible for obtaining any necessary licenses and permits, and for complying with all Federal, State, and Municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall be responsible for all damages to persons or property, which occur as a result of the Contractor’s performance or negligence.

7.0 Contractor’s Key Personnel

7.1 Contractor Representative: The contractor shall provide a contract representative for the performance of work. The name of this person and an alternate(s) who can act for the contractor when the contractor is absent should be designated in writing to the Contracting Officer.

7.2 Certification and Personnel Requirement: The contractor shall provide and ensure personnel performing under this contract are equipped with the necessary training, resume, qualifications and clearances required to accomplish all requirements of this contract. The Government may require proof in the form of written documentation of personnel qualifications, training and clearances at its discretion. The Contractor shall be responsible for the conduct of all Contractor employees.

8.0 Safety & Security Requirements:

The contractor is responsible for always maintaining safe operations. The Forest Service is not responsible for the safety of the Contractor nor any operators or assistants. The Contractor shall provide and maintain work procedures which will safeguard the public and Government personnel, as well as the Contractor’s own personnel. The Contractor shall be expected to use reasonable safety procedures and equipment while operating on National Forest lands. If special measures are needed, the contractor should utilize warning signs located in areas such as campgrounds and roads, displayed in both directions so that citizens driving on the road are aware of service operations in progress. The signs shall alert traffic that personnel and equipment are working ahead along the road right-of-way. Hazard/warning lights are advised on the vehicles involved in service operations.

Upon completion of service, the contractor shall lock any gates or accesses that were opened or unlocked for the service.

9.0 Data:

The Contractor shall provide complete and accurate activity records throughout the duration of the contract and provide the Government with legible, readable copies of such records upon completion of a unit of work on the contract, and prior to or accompanying each invoice, the Contractor shall provide the Government with a summary of services on that invoice or project.

The COR or designated inspectors may conduct inspections to verify completion of work.

10.0 Performance Requirement Measures:

The Contractor must notify the COR upon completion of pumping each group of toilets. The COR will be completing 100% inspection of each site. The COR or designated Inspectors may inspect the service sites up to 15 days following completion of each pumping to verify work was performed according to contract requirements. If the contractor fails to meet the specifications, the contractor must rework the site(s). The COR must be notified of work completion prior to submitting invoices.

FAC 2024-03 February 23, 2024

SECTION C - 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):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2023)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (FEB 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. 3805note)).

(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:

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 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)).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

☐ (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) (Whistleblower Guidance to Contractor Employees)

☒ (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).

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

2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390) ☐ (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.

☒ (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. 6101note).

☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C.657a).

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

(Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

☐ (17) [Reserved] ☐ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

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

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (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.637s) [Contracting Officer check as appropriate.] https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (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 Rerepresentation (FEB 2024) (15 U.S.C.

632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C.

637(m)).

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

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

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (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.

☒ (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).

☒ (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. chapter78 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 FAR 22.1803.)

☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (44) (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.

☐ (45) (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.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (47) (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.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☒ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (DEC 2022) of 52.225-3.

☐(iv) Alternate III (FEB 2024) of 52.225-3 ☐(v) Alternate IV (OCT 2022) of 52.225-3.

☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐ (55) 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).

☐ (56) 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).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 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).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov

2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (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:

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (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).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

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

Employee Class Monetary Wage/Fringe Benefits

☒ (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) (29 U.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).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

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

☒ (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).

(iv) 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)

(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…

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