Sol_140A0423R0006.pdf

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

0009792694 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORA04

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/09/2023 1700 MD

04/11/2023

4062477941Mary King (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140A0423R0006

5. SOLICITATION NUMBER

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

1 29 0040616250OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Crow Agency MT 59022 Weaver Drive, Bldg #2

BIA CROW AGENCY

15. DELIVER TO

BILLINGS MT 59101-1461

DOI Building Contracting Office 2021 4tTH AVENUE NORTH

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BIA RMRO 00004

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The solicitation is set aside 100% for Indian Small Business Economic Enterprises (ISBEE), if no fair and reasonable ISBEE, Small Business will be considered.

Vendors shall provide with proposal the UEI (Unique Entity Identifier) the company is registered under in System for Award Management database and must be considered active within the system.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . 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 FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

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:

REF.

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. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Quotes must be submitted to Mary King at mary.king@bia.gov - EMAIL ONLY

Delivery: 09/30/2023

00010 158 Continued Forest Inventory Plots Re-measured

Product/Service Code: B525

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- NATURAL RESOURCE

Period of Performance: 06/01/2023 to 09/30/2023

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

29 2 of

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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.

The Department of the Interior (DOI), Bureau of Indian Affairs (BIA) is issuing this Request for Proposal (RFP) as a 100% set-aside for Indian Small Business Economic Enterprises (ISBEE) in accordance with the Buy Indian Act Regulations.

Title: Continuous Forest Inventory

The Department of Interior, Bureau of Indian Affairs (BIA) intends to award a lowest price technically accepted firm fixed price contract from this solicitation.

The North American Industrial Classification System (NAICS) 115310 with a small business size standard of $11.5.

115310 – Support Activities with Forestry

Contractor is required to be registered in SAM with the NAICS Code cited above.

Contact Info: Contracting Officer: Mary King, Email, mary.king@bia.gov.

All Contractors must comply with local TERO Regulations at Crow Agency TERO, 406.679.0414

Instructions, Conditions, and Notices to Offerors:

Quotes shall be submitted via email only. Subject Line shall state the Solicitation Number and Title. All quotes are due April 10, 2023, 2:00 pm Mountain Time

Quote must include the following:

• Vendor name

• Vendor address

• Vendor phone number

• Cost Breakdown

• Primary point of contact (with title) and contact information

• UEI

• Socioeconomic status (current)

All contractors submitting quotes must be registered in SAM at www.sam.gov with the Unique Entity Identification (UEI) and code at the time quotes are due under the NAICS Code listed. To register or learn more about SAM, go to http://www.sam.gov.

Questions & Answers

Questions regarding the solicitation must be provided no later than April 25, 2023, electronically via email only to the Contract Specialist. Answers will be provided via an amendment to the RFP at www.sam.gov no later than May 2, 2023..

mailto:mary.king@bia.gov http://www.sam.gov/

STATEMENT OF WORK (SOW)

CONTINUOUS FOREST INVENTORY (CFI)

FOR REMEASUREMENT OF FOREST INVENTORY PLOTS ON THE

CROW RESERVATION

1.0 BACKGROUND

Managing a forest for sustainability requires a perpetual source of information to guide its development on a long-term basis. CFI is a mensuration technique that permanently monuments sample plot locations established throughout a timbered parcel.

Remeasurement of a CFI at periodic intervals enables monitoring of a forest for stocking, growth, and yield capacity.

2.0 SCOPE

The contractor shall collect and record forest inventory data on the Crow Indian Reservation.

The contractor shall collect and record the data while remeasuring existing permanent forest inventory plots that were established and remeasured in 1980, 1992, 2006 and plots that were partially completed in 2019, and completing the remaining 158 plots. The data will be used to monitor stocking, growth, and yield capacity and evaluate forest management activities and the condition of the Crow Indian Reservation Forest over a 43-year period. Thus, adaptive management, based on monitoring and evaluation, will be incorporated into the Crow Tribes Management Forest Inventory Analysis (FIA) which will be used to calculate the annual allowable cut (AAC) and be incorporated into the updated Forest Management Plan (FMP).

Allowable harvest calculations are required by the BIA’s national forestry policy in accordance with Indian Affairs Manual Part 53 (53 IAM).

3.0 STATEMENT OF WORK

The contractor shall:

1. Remeasure 158 Continuous Forest Inventory (CFI) plots on the Crow Indian Reservation. These plots will be permanent forest inventory plots remeasured as timber plots. The Timber plots will be remeasured as 1/5-acre plots on a horizontal plane.

a. Follow specific procedures as described in detail in the CFI Field Manual. Field crews will follow procedures described in the CFI Field Manual. The contractor shall carry the CFI Field Manual in the field to use as procedural reference.

Using GPS technology, all plot UTM coordinates of each CFI plot will be loaded on the contractors GPS Device. If UTM coordinates are not already established, as in the case of reestablished plots (See Section 6.0), then each plot’s coordinates must be determined. Otherwise, verification of the plot’s coordinates is required.

Field crews must use NAD 1983 for the datum and, depending on the plot location, UTM Zone 13N.

4.0 DELIVERABLES

The contractor shall deliver a flash drive containing completed Plot Location Forms and forest inventory collected from CFI plots located on the Crow Reservation in an approved file format.

Submitted work for inspection and payment purposes shall contain all required data collected from a maximum of 20 plots. Initially, the contractor will submit a flash drive with a maximum of 10 plots for inspection and payment purposes. This first submittal will allow the government the opportunity to work with the contractor to correct any potential errors noticed before additional work is submitted. The contractor will be issued government furnished Field Data Recorders (FDR’s), which are pre-loaded with inventory data from 1980, 1992, 1996 and recent data from 2019. All inventory data will be collected on the FDRs, stored on a flash drive, and provided to BIA Crow Agency Forestry to be uploaded in the Branch of Forest Resources Planning (BOFRP) Application program. The Contractor agrees to enter data all required inventory data directly into the FDRs for all 158 plots.

The BIA will not conduct inspections on Saturdays, Sundays, or federal holidays. In addition, BIA inspections will not be conducted when the Crow Agency has fire restrictions, tribal activities, or when poor weather conditions render access roads impassable. Inspections, especially field inspections, are thorough and adhere to the procedures and standards as defined in the CFI Field Manual. See Section 8.00 of the CFI Field Manual for Quality Assurance/Inspections.

4.0 CERTIFICATIONS, LICENSES, PHYSICAL REQUIREMENTS, OR OTHER EXPERTISE REQUIRED.

- Field crews staffed with qualified personnel. Each field crew must consist of at least one individual who is qualified as a crew leader. Crew members are optional on each field crew.

- Crew leaders must meet one of the following education and experience requirements:

• A Bachelor’s or higher degree in forestry and one-year prior experience cruising timber or collecting forest inventory data;

• Or an Associate of Science (AS) in forestry and two years prior experience cruising timber or collecting forest inventory data;

• Or a Bachelor’s or higher degree in natural resources or related field and two years prior experience cruising timber or collecting forest inventory data. Degrees in fire science, fire management, range management, forest ecology, wildlife management, environmental science, environmental studies, botany, and biology will be accepted.

- Crew leaders must be able to identify plant species that are common to Northern Rocky Mountain forests, in particular southeast Montana forests.

- Crew members must have one year of prior experience cruising timber or collecting forest inventory data. One year of prior experience taking precise measurements in other professions may be substituted. Acceptable substitutes for forestry inventory experience will be other fields in natural resources or trades where precise measurements are taken, such as carpentry, surveying, and drafting.

- All personnel must be in good physical condition and will be required to travel long distances on foot over rough, steep, and rocky terrain.

- Drivers must possess a valid state-issued driver’s license that is appropriate for the class of vehicle being driven.

5.0 PERIOD OF PERFORMANCE

The period of performance is on or about June 1st, 2023, through September 30, 2023. During this performance period, interruptions to the work schedule are possible. These interruptions are usually intermittent in nature and can be caused by a variety of circumstances, such as poor weather conditions and closures due to fire restrictions or tribal activities.

6.0 PLACE OF PERFORMANCE

All data will be collected from CFI plots located on the Crow Indian Reservation. The Crow Indian Reservation is in southeastern Montana between Billings, MT and Sheridan, WY and covers an area over 2,226,000 acres. Of these acres, 27,395 is Scheduled, Managed Forest Lands which are in the Wolf and Pryor Mountains and are suitable for harvest. In addition, there are 19,627 acres of woodlands. The Bighorn Mountains is a Tribal Cultural Reserve and there are 59,559 acres.

The 158 plots needing to be re-measured will be in the Wolf and Pryor Mountains. The Wolf Mountains lay in a north-south alignment near the east boundary of the reservation and extend from the central portion to the southeast corner of the reservation at an elevation range between 3,800 and 5,365 feel with forests concentration on the north and east slopes.

The timber in the Wolf Mountains is exclusively ponderosa pine. The moist north slopes support ponderosa pine/chokecherry and ponderosa pine/snowberry habitat types. The often-lush understory is a mix of serviceberry, hawthorn, mountain maple and thimbleberry along with chokeberry and snowberry. Douglas-fir and Engelmann spruce are present but rare, and do not appear to regenerate well enough to increase their representation.

On the west side of the reservation is the Pryor Mountains and can be described as having flat to rolling mountain tops with narrow, steep dissecting canyons. Elevation ranges from 4,500 feet above sea level at Dry Head creek to 7,343 feet at Crater Lake. The major conifer species are lodgepole pine, Douglas-fir, ponderosa pine, and limber pine. Engelmann spruce and subalpine fire, confined to wetter areas, are present in small amounts, although subalpine fir is successfully regenerating under lodgepole pine. The woodland portion consists of a cottonwood dominated stream bottom forest and widely scattered, upland aspen groves. In the riparian forest, green ash and box elder are common associates.

Figure 1 Locator Map

Crow Reservation (Pryor and Wolf Mountains)

Pryor Mtns

Wolf Mtns

Although there are improved dirt roads, paved roads, and highways on the Crow Indian Reservation, most of the roads that will be used to access the CFI plots will be unimproved dirt roads. Under adverse weather conditions, typically rain or snow, these roads may become impassable. To avoid rutting on unimproved roads, crews will avoid driving on these roads when saturated. Four-wheel drive vehicles are recommended. BIA Crow Agency may allow the use of ATVs/UTV’s, but is limited to existing roads, including unimproved roads, such as two-track roads and jeep trails.

Camping-out for the more remote plots will be recommended, especially in the Pryor Mountains as it being situated on far west side of the reservation, although not required. The BIA will encourage the tribe to allow camping at the request of the contractor but cannot guarantee that they will allow it.

The contractor shall notify the BIA when a CFI plot cannot be remeasured because it falls outside the reservation boundary. The BIA will visit the plot to determine whether it should be dropped from remeasurement. When a plot is dropped from remeasurement because the plot falls outside the reservation boundary, the BIA has the option to replace the dropped plot with another plot in a different location on the Crow Indian Reservation. A plot is considered outside the reservation boundary when any portion of the plot radius falls outside of the reservation boundary.

All plots in the Wolf and Pryor Mountains are placed on a 20 x 40 chain grid.

7.0 OPERATIONAL HOURS

Operational hours may be variable based on the Contractor. The BIA will not be allowed to provide on-site services during any federal holidays. Federal holidays are listed in the Table 1 below.

Table 1. Federal Holidays Impacting Work Schedule Labor Day Fourth of July

8.0 OVERTIME

Since this is a fixed price contract, which will be awarded on a cost per plot basis, the contractor is not authorized to charge the government for overtime.

9.0 SAFETY ISSUES

Average daytime temperatures in the field range from 70°F to 100° in the summer in the Wolf Mountains from 70° to 90°F in the Pryor Mountains, depending on elevation. In addition, summer thunderstorms can produce brief but intense periods of lightning and downpours with decrease in temperatures and challenges maneuvering from plots to contractors’ equipment and off-site. All field personnel must be prepared for the extreme temperatures by wearing the appropriate clothing, and especially in the summer heat, keep hydrated by drinking enough fluids while in the field. In addition, precautions may be necessary to avoid lightning and flooding hazards during summer thunderstorm events.

Driving conditions will be highly variable as crews travel to and from the field sites. Roads will range from paved roads to unimproved dirt roads, including two-track roads or jeep trails. In addition, weather, mostly in the form of snow and rain, will often have an adverse effect on road conditions. Drivers must be aware of the roads conditions and be prepared to adjust their driving accordingly. Finally, drivers must be aware that they will be sharing the roads with other vehicles. Therefore, field personnel must take extra precautions to avoid collisions and other mishaps with other vehicles.

To access some of the plots, field crews must travel on foot over very rough and steep terrain where both the soil and rocks are often loose and with the possibility of a few cliffs scattered throughout. Under these conditions, traveling on foot is very strenuous and footing is quite poor. Field personnel must be in good physical condition and should be wearing the appropriate footwear. In addition, travel routes may need to be altered to avoid cliffs.

To measure tree species, field personnel must crawl under the crowns of individual trees, which are often touching the ground, use loppers to cut through brush, hawthorn. Branches on the woodland species, in particular hawthorn in the Wolf Mountains, are typically very rigid and sharp, and anything exposed to them is often subject to scratching. Under these conditions, protective eye wear, such as safety glasses, are strongly recommended. Other hazards are sometimes hidden under the crowns of trees. In the summer, especially in the heat of the day, some venomous animals, such as rattle snakes and bull snakes may take cover on rocks or in the timber. To avoid these hazards, field personnel should look carefully at their surroundings when hiking, working. In addition, Black Bears and Mountain Lions are pre-dominant in both mountain ranges, so the contractors should always pay attention to bear sign warnings; scat, tree scratching, foraging of grubs in dead, down timber, and always look up for mountain lions.

The Crow Tribe has no regulation on their hunting season. In the event this project goes into the early fall, contractors should wear brightly colored vests or clothing.

To protect the Crow Reservation from wildfires, fire restrictions may be issued, especially during extended hot, dry periods. Although not limited to these examples, fire restrictions may apply to open fires, smoking, and some vehicle travel. In the most extreme cases, fire restrictions may result in a closure of the forest. In addition, field crews may be expected to carry in their vehicles a shovel, Pulaski, fire extinguisher, or other equipment to extinguish fires. The contractor and his/her employees are required to extinguish fires that they have started. They are also required to report fires they start to:

Billings Dispatch Center (BDC): (406) 896-2900

The contractor shall notify the BIA when a CFI plot cannot be remeasured due to crew safety issues. The BIA will visit the plot to determine whether it should be dropped from remeasurement. Examples of possible crew safety issues are plots that located on a cliff or on a highway. When a plot is dropped from remeasurement due to crew safety issues, the BIA has the option to replace the dropped plot with another plot in a different location on the Crow Indian Reservation.

10.0 GOVERNMENT-FURNISHED PROPERTY AND SUPPLIES

The government shall furnish to the contractor the property describe below:

1. 2019 Crow Indian Reservation Amended CFI Field Manual, which includes Quality Assurance/Inspections, the procedures for the collection and recording of forest inventory and fuels data (2019 Crow Reservation Field Manual provided is subject to change prior to start of the Period of Performance).

2. Maps of areas to be inventoried, including georeferenced PDFs for use in Avenza.

3. Plot center stakes for plot maintenance and restoration.

4. GPS coordinates of all plot locations, which the contractor can use to find plot locations and verify or correct the GPS coordinates.

5. Plot Location Forms for each of the 158 remeasure plots.

6. Pre-printed Plot Tally forms, which the contractor may use to record forest inventory data as specified in the CFI Field Manual are provided as a courtesy to use in the event functional FDRs are temporarily unavailable. The blank forms include Plot Location Form and Plot Tally Card, or similar forms.

7. Aluminum nails and tree tags.

8. Other field guides or manuals not provided by the contractor, such as laminated diagrams, 2006 Plot Location Forms for the Wolf and Pryor Mountains and a Forestry & Fire Map Book of the Crow Indian Reservation.

11.0 SECURITY CLEARANCE/POLICE CHECK/DRIVING RECORD

The contractor shall comply with all applicable Department of Interior (DOI) security regulations and procedures during the performance of this contract. The contractor shall not disclose and must safeguard procurement sensitive information, computer systems and data, privacy act data, and Government personnel work products that are obtained or generated in the performance of this contract.

No clearances or checks are required. However, field crews must obey all tribal laws and are strictly prohibited by tribal ordinances from collecting artifacts, gathering firewood, fishing without a permit and hunting, while on the Crow Indian Reservation.

12.0 EXPECTED EXPENSES (TRAVEL, CREW HOUSING, TRAINING, EQUIPMENT, MATERIALS, ETC.)

It is expected that the contractor will incur expenses to successfully complete this contract, including but not limited to, expenses for labor, travel, crew housing, training, taxes, fees, insurance, equipment, and supplies. Except for the government-furnished property and supplies, the contractor shall provide field crews with the equipment and supplies listed in Section 2.00 of the CFI Field Manual. If requested in writing, the BIA will provide the contractor training consisting of a review of the CFI Field Manual and some practical field exercises. The training can take place before the period of performance. However, the contractor will incur any non-government costs related to this training.

The contractor will be responsible for paying any applicable taxes (tribal, local, state, and federal).

CONTRACT TYPE

A fixed-price contract will be awarded on a cost per plot basis.

NON-PERSONAL SERVICE STATEMENT

Contractor employees performing service under this contract will be controlled, directed and supervised at all times by management personnel of the contractor. The contractor’s management shall ensure that employees properly comply with the performance standards outlined in the CFI Field Manual. Contractor employees will perform independent of and without supervision of any Government official. Actions of the contractor employees may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S.

Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will perform the inspection and acceptance of the submitted work.

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 address:

https://www.acquisition.gov/browse/index/far

(End of Clause)

FAR CLAUSES INCORPORATED BY REFERENCE

52.202-1 -- Definitions Nov 2013

52.203-3 -- Gratuities Apr 1984

52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions Oct 2010

52.203-17 -- Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights Apr 2014

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

52.204-13 -- System for Award Management Maintenance Oct 2018

52.204-18 -- Commercial and Government Entity Code Maintenance Jul 2016

52.204-19 -- Incorporation by Reference of Representations and Certifications Dec 2014

52.204-21 -- Basic Safeguarding of Covered Contractor Information Systems Jun 2016

52.204-26 -- Covered Telecommunications Equipment or Services-Representation Dec 2019

52.219-28 Post-Award Small Business Program Rerepresentation Mar 2023

52.227-1 -- Authorization and Consent Dec 2007

52.227-2 -- Notice and Assistance Regarding Patent and Copyright Infringement Dec 2007

52.229-3 -- Federal, State, and Local Taxes Feb 2013 https://www.acquisition.gov/browse/index/far

52.232-17 -- Interest May 2014

52.232-23 -- Assignment of Claims May 2014

52.232-29 -- Terms for Financing of Purchases of Commercial Items Feb 2002

52.232-39 -- Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors Dec 2013

52.233-1 -- Disputes May 2014

52.253-1 -- Computer Generated Forms Jan 1991

FAR CLAUSES INCORPORATED BY FULL TEXT

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (MAR 2023)

(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).

(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:

_X_ (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_44939065 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (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.

__ (12) (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.

__ (13) [Reserved]

__ (14) (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).

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

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

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__ (23) 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)).

__ (24) 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)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2019) (E.O.13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X (33) (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).

__ (34) 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.)

__ (35) (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.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

_X_ (38) (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.

__ (39) (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.

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__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_X_(41) (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.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (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.

__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_(49) 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).

__ (50) 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).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_(55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

_X_(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053246 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053274 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053274 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053316 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_223_20 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1668D08086F https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054249 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054921 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055038 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055048 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050508 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050540 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050789 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1049272 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_242-5

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 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).

__ (5) 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).

__ (6) 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).

__ (7) 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).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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, and does not contain the clause at…