Sol_140A1621R0014.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

A16

Reston VA 20191 Contracting Office 12220 Sunrise Valley Drive

BIA CENTRAL 00016

CODE 16. ADMINISTERED BYCODE

X

X

238910

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORA16

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/07/2021 1500 ES

03/08/2021

210-323-6878Michael Conway (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140A1621R0014

5. SOLICITATION NUMBER

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

1 99 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Reston VA 20191 Contracting Office 12220 Sunrise Valley Drive

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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 CENTRAL 00016

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.

Period of Performance: 07/30/2021 to 07/29/2026

00001 BASE PERIOD FFP 1 LS

This is a Multiple Award Contract (MAC) for demolition services. The contractor shall provide all plant, supervision, labor, materials, equipment, supplies and transportation necessary to complete this scope of work in accordance with the attached Statement of Work (SOW). All work shall comply with all State, local and Federal

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

John Fife

. 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.

laws and regulations, industry and construction codes and standards, manufacturer¿s specifications and recommendations, and all contract special provisions, terms, and conditions.

Product/Service Code: P500

Product/Service Description: SALVAGE- DEMOLITION

OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)

Period of Performance: 07/30/2021 to 07/29/2022

00002 OPTION PERIOD 1 FFP 1 LS

This is a Multiple Award Contract (MAC) for demolition services. The contractor shall provide all plant, supervision, labor, materials, equipment, supplies and transportation necessary to complete this scope of work in accordance with the attached Statement of Work (SOW). All work shall comply with all State, local and Federal laws and regulations, industry and construction codes and standards, manufacturer¿s specifications and recommendations, and all contract special provisions, terms, and conditions.

(Option Line Item)

06/29/2022

Product/Service Code: P500

Product/Service Description: SALVAGE- DEMOLITION

OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

99 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 99

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140A1621R0014

Period of Performance: 07/30/2022 to 07/29/2023

00003 OPTION PERIOD 2 FFP 1 LS

This is a Multiple Award Contract (MAC) for demolition services. The contractor shall provide all plant, supervision, labor, materials, equipment, supplies and transportation necessary to complete this scope of work in accordance with the attached Statement of Work (SOW). All work shall comply with all State, local and Federal laws and regulations, industry and construction codes and standards, manufacturer¿s specifications and recommendations, and all contract special provisions, terms, and conditions.

(Option Line Item)

06/29/2023

Product/Service Code: P500

Product/Service Description: SALVAGE- DEMOLITION

OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)

Period of Performance: 07/30/2023 to 07/29/2024

00004 OPTION PERIOD 3 FFP 1 LS

This is a Multiple Award Contract (MAC) for demolition services. The contractor shall provide all plant, supervision, labor, materials, equipment, supplies and transportation necessary to complete this scope of work in accordance with the attached Statement of Work (SOW). All work shall comply with all State, local and Federal laws and regulations, industry and construction codes and standards, manufacturer¿s specifications and recommendations, and all contract special provisions, terms, and conditions.

(Option Line Item)

06/29/2024

Product/Service Code: P500

Product/Service Description: SALVAGE- DEMOLITION

OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)

Period of Performance: 07/30/2024 to 07/29/2025

00005 OPTION PERIOD 4 FFP 1 LS

This is a Multiple Award Contract (MAC) for

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 99

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140A1621R0014 demolition services. The contractor shall provide all plant, supervision, labor, materials, equipment, supplies and transportation necessary to complete this scope of work in accordance with the attached Statement of Work (SOW). All work shall comply with all State, local and Federal laws and regulations, industry and construction codes and standards, manufacturer¿s specifications and recommendations, and all contract special provisions, terms, and conditions.

(Option Line Item)

06/29/2025

Product/Service Code: P500

Product/Service Description: SALVAGE- DEMOLITION

OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)

Period of Performance: 07/30/2025 to 07/29/2026

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 140A1621R0014 Page 5 of 99

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SEE SECTION J, ATTACHMENT 1

Solicitation No. 140A1621R0014 Page 6 of 99

SECTION D – PACKAGING AND MARKING

THIS PAGE IS INTENTIONALLY LEFT BLANK

Solicitation No. 140A1621R0014 Page 7 of 99

SECTION E – INSPECTION AND ACCEPTANCE

Federal Acquisition Regulation (FAR) Clauses and Provisions Incorporated by Reference

FAR 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) FAR 52.246-11 Higher-Level Contract Quality Requirement (Dec 2014) FAR 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (Aug

1996)

Department of the Interior Regulation (DIAR) Clause

DIAR 1452.204-70 Release of Claims—Department of the Interior (Jul 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

Solicitation No. 140A1621R0014 Page 8 of 99

SECTION F – DELIVERIES OR PERFORMANCE

FAR Clauses and Provisions Incorporated by Reference

FAR 52.242-15 Stop-Work Order (Aug 1989) FAR 52.242-17 Government Delay of Work (Apr 1984)

Solicitation No. 140A1621R0014 Page 9 of 99

SECTION G – CONTRACT ADMINISTRATION DATA

Administration of Multiple Award Contracts (MACs) and Task Orders:

(a) The Bureau of Indian Affairs (BIA) Central Acquisition Office is responsible for the award and administration of this MAC (e.g. award of each Indefinite Delivery Indefinite Quantity (IDIQ) contract, exercising Option Years, issuing other unilateral and bilateral modifications to the IDIQ contracts).

(b) All Department of the Interior (DOI) bureaus and offices are authorized ordering offices under this MAC. DOI Ordering Offices will be responsible for awarding and administering their respective Task Orders issued under this MAC.

(End of Clause)

Task Order Awards:

Task Orders under the ensuing contracts shall be awarded in accordance with FAR 16.505(b).

There is no guarantee that work will be equally or relatively equally shared amongst the multiple awardees.

(End of Clause)

Minimum and Maximum Contract Value

(a) The minimum guaranteed contract value for each IDIQ contract is $25,000.00

(b) The maximum contract value is $200,000,000.00 for all combined MAC IDIQ contracts for the duration of the contracts (i.e. base year plus all exercised option years).

(c) The maximum contract value is the Government’s best estimate of the actual value of the work that will be required under the ensuing contracts. It is not a guarantee that the value of work awarded will approach this maximum value. The only guaranteed amount that shall be awarded under any ensuing contract in the minimum value shown in Paragraph a. above.

FAR 52.216-32 Task-Order and Delivery-Order Ombudsman (Sept 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Jacqueline Wolfe, Competition Advocate 12220 Sunrise Valley, Ste 400 https://www.govinfo.gov/content/pkg/USCODE-2017-title41/html/USCODE-2017-title41-subtitleI-divsnC-chap41-sec4106.htm

Solicitation No. 140A1621R0014 Page 10 of 99

Reston VA 20191

(304) 596-1530 jacqueline.wolfe@bia.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(d) Contracts used by multiple agencies.

(1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity.

(2) The ordering activity has designated the following task-order and delivery-order Ombudsman for this order:

Jacqueline Wolfe, Competition Advocate 12220 Sunrise Valley, Ste 400 Reston VA 20191

(304) 596-1530 jacqueline.wolfe@bia.gov

(3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of Clause)

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform system (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

mailto:jacqueline.wolfe@bia.gov mailto:jacqueline.wolfe@bia.gov

Solicitation No. 140A1621R0014 Page 11 of 99

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

See FAR 52.232-10

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

Solicitation No. 140A1621R0014 Page 12 of 99

SECTION H – DELIVERIES OR PERFORMANCE

COVID-19 GUIDELINES

The following guidelines will be adhered to at the site as preventive health strategy in response to the COVID-19 health pandemic. These guidelines are based on the Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) best practices to minimize risk of coronavirus transmission as employees return to the workplace.

(a) COVID Symptoms. Any Contractor personnel, employees, subcontractors, partners, or workers who are experiencing symptoms of COVID-19, including but not limited to cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat, new loss of taste or smell should not report to work. Employees may be allowed to return to work after 14 days of having no symptoms. Contractor’s project managers and site superintendents are responsible to monitor employees for symptoms before and during work, and follow appropriate precautions in accordance with CDC Guidance –Safety Practices for Critical Infrastructure Workers. https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html. If a Contractor’s employee is unsure if they are sick, they should consult their supervisor. Visitors exhibiting or reporting COVID-19 symptoms (i.e., cough or shortness of breath or difficulty breathing fever, chills, muscle pain, sore throat, new loss of taste or smell) should be encouraged through notice and signage to leave the facility and reschedule their meeting/visit for a future time when they are in good health.

(b) Face Covers. Contractor personnel are required to wear cloth face coverings while onsite. Cloth face coverings may prevent people who do not know they have the virus from transmitting it to others. CDC does not recommend the general public wear surgical masks or N-95 respirators to protect themselves from respiratory diseases, including coronavirus (COVID-19). N-95s and other filtering face piece respirators should continue to be reserved for those at increased risk of exposure including health care workers and other medical first responders, as recommended by current CDC guidance and a job hazard analysis. Appropriate Personal Protective Equipment (PPE). Cloth face coverings are not respirators and are not appropriate substitutes where filtering face piece respirators are required. Employees who are performing tasks at elevated risk requiring respirators as identified through the job hazards analysis will be provided with the appropriate Personal Protective Equipment (PPE) to perform their jobs safely.

(c) Social Distancing. The CDC guidance includes a primary objective of disease mitigation through good hygiene, staying home when sick, and social distancing. Social distancing is a set of actions taken to stop or slow the spread of a highly contagious disease. The CDC has determined that social distancing is an essential step in preventing the spread of COVID-19. The goal of social distancing is to limit face-to-face contact to decrease the spread of illness among people in community settings. Employees should practice social distancing by putting space (currently six feet) between themselves and others. Visitors that exceed the maximum occupancy for the space should not enter the

Solicitation No. 140A1621R0014 Page 13 of 99 space. Any waiting area should also be structured to limit aggregation of people to avoid crowding and maintain social distancing. Waiting areas should have suitable floor markings to facilitate social distancing.

(d) Hygiene. Contractors will have an overall cleaning schedule that is consistent with CDC cleaning recommendations including using Environmental Protection Agency (EPA) recommended cleaning and disinfecting solutions (https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html). Additionally, the Contractor shall encourage and support frequent hand washing, hand sanitizing and wiping down of surfaces in high traffic, shared spaces (e.g., elevator lobbies, community desk, pantry, nooks, meeting rooms, restrooms, phone booths). Workstation configurations and schedules should accommodate simplified cleaning measures wherever possible.

BACKGROUND INVESTIGATION

(a) In accordance with 25 U.S.C. 3201 (P.L. 101-630), Indian Child Protection and Family Violence Prevention Act; 42 U.S.C. 13041, Crime Control Act of 1990; 441 Departmental Manual, Personnel Security and Suitability Requirements all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment.

(b) Accordingly, all such positions require a favorable screening (applicant and suitability) determination made by the Bureau of Indian Affairs (BIA) Office of Indian Education Programs (OIEP), Personnel Security and Suitability Program; and a favorable background investigation determination conducted by the Office of Personnel Management (OPM).

(c) A favorable screening (applicant and suitability) determination must be made by the Bureau of Indian Affairs (BIA) Office of the Indian Education Programs (OIEP), Personnel Security and Suitability Program prior to contract award or made within 60 days of incorporation of this clause into a current/existing contract. Pending completion of a background investigation by OPM, the Contractor who has been granted a favorable screening (applicant and suitability) determination must be within the sight and under the supervision of a Government employee who has had a completed background investigation (42 U.S.C 13041 (3)) during contract performance until a final background investigation determination has been made.

(d) Prior employment with the Federal Government, including BIA, OIEP or the Bureau of Indian Affairs, does not assure that the appropriate screening or investigation was conducted nor does it alleviate or guarantee a favorable screening (applicant and suitability) determination or background investigation.

(e) Prior to an award or during the 60 day period discussed in paragraph two, it is solely the company, individual or contractor's responsibility to contact the BIA, OIEP Personnel Security and Suitability Program at 505-563-5287/5288/5289/5294 in order to obtain a complete security package, which includes but is not limited to appropriate investigative forms and/or inquire about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

Solicitation No. 140A1621R0014 Page 14 of 99

(f) If an unfavorable screening (applicant and suitability) determination is made, a purchase order shall not be awarded to the individual who received an unfavorable screening or to the company who has proposed to employ the individual to perform the work. The individual and or the company who proposed to employ this individual may be determined to be non-responsible if an unfavorable screening (applicant and suitability) determinations is made, which will make them ineligible for purchase order award.

(g) If an unfavorable final background investigation determination is made, the purchase order may be terminated and the employee in question shall not be authorized to provide service to the BIA, OIEP, if the services involve contact with or regular control over Indian children.

Solicitation No. 140A1621R0014 Page 15 of 99

SECTION I – CONTRACT CLAUSES

FAR Clauses and Provisions Incorporated by Reference

FAR 52.202-1 Definitions (Nov 2013) FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-5 Covenant Against Contingent Fees (May 2014) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

Alternate I (Oct 1995) FAR 52.203-7 Anti-Kickback Procedures (May 2014) FAR 52.203-8 Cancellation, Recission, and Recovery of Funds for Illegal or Improper

Activity (May 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct

2010) FAR 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Apr 2014) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May

2011) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2018) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.204-14 Service Contract Reporting Requirements (Oct 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Aug 2020) FAR 52.207-3 Right of First Refusal of Employment (May 2006) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) FAR 52.210-1 Market Research (Apr 2011) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Items (Jul 2020) FAR 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997)

Solicitation No. 140A1621R0014 Page 16 of 99

FAR 52.219-6 Notice of Total Small Business Set-Aside (Mar 2020) FAR 52.219-8 Utilization of Small Business Concerns (Oct 2018) FAR 52.219-14, Limitations on Subcontracting, in solicitations and contracts for supplies, services, and construction (Jan 2017) FAR 52.219-28 Post-Award Small Business Program Representation (Jul 2013) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 Equal Opportunity (Sept 2016) FAR 52.222-35 Equal Opportunity for Veterans (Jun 2020) FAR 52.222-37 Employment Reports on Veterans (Feb 2016) FAR 52.222-40 Notification of Employee Rights under the National Labor Relations Act

(Dec 2010) FAR 52.222-41 Service Contract Labor Standards (Aug 2018) FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) FAR 52.222-50 Combating Trafficking in Persons (Jan 2019) FAR 52.222-54 Employment Eligibility Verification (Oct 2015) FAR 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

Alternate II (May 2011) FAR 52.223-6 Drug-Free Workplace (May 2011) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) FAR 52.225-13 Restrictions on certain foreign purchases (June 2008) FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises

(Jun 2000) FAR 52.227-1 Authorization and Consent (Dec 2007) FAR 52.227-17 Rights in Data—Special Works (May 2014) FAR 52.227-23 Rights to Proposal Data (Technical) (Jun 1987) FAR 52.228-2 Additional Bond Security (Oct 1997) FAR 52.228-5 Insurance-Work on a Government Installation (Jan 1997) FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013) FAR 52.232-1 Payments (Apr 1984) FAR 52.232-8 Discounts for Prompt Payment (Feb 2002) FAR 52.232-11 Extras (Apr 1984) FAR 52.232-16 Progress Payments (Jun 2020)

Alternate I (Mar 2000) FAR 52.232-17 Interest (May 2014) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

Solicitation No. 140A1621R0014 Page 17 of 99

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

FAR 52.233-1 Disputes (May 2014) Alternate I (Dec 1991)

FAR 52.233-3 Protest after Award (Aug 1996) Alternate I (Jun 1985)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) FAR 52.237-3 Continuity of Services (Jan 1991) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.243-7 Notification of Changes (Jan 2017) FAR 52.245-1 Government Property (Jan 2017) Alternate I (Apr 2012) FAR 52.245-9 Use and Charges FAR 52.246-20 Warranty of Services (May 2001) FAR 52.246-25 Limitation of Liability-Services (Feb 1997) FAR 52.248-1 Value Engineering (Oct 2010) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) FAR 52.249-4 Termination for Convenience of the Government (Services) (Short Form)

(Apr 1984) FAR 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) FAR 52.253-1 Computer Generated Forms (Jan 1991)

FAR Clauses and Provisions Incorporated by Full Text

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

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

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

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

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

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

Solicitation No. 140A1621R0014 Page 18 of 99

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the base period or option period (if exercised) of the contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

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(1) Any order for a single item in excess of $10,000,000.00;

(2) Any order for a combination of items in excess of $50,000,000.00; or

(3) A series of orders from the same ordering office within 45 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e.,includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective

FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised

Solicitation No. 140A1621R0014 Page 21 of 99 more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days before the contract expires.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

FAR 52.222-35 Equal Opportunity for Veterans (Oct 2015)

(a) Definitions. As used in this clause-

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits https://www.acquisition.gov/content/221301-definitions#i1096035

Solicitation No. 140A1621R0014 Page 22 of 99 discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

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

(End of clause)

FAR 52.245-2 Government Property Installation Operation Services (Apr 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

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

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(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

(End of clause)

FAR 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/content/regulations

(End of clause)

FAR 52.252-6 Authorized Deviations in Clauses (Apr 1984)

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

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

Department of the Interior Regulation (DIAR) Clauses

DIAR 1452.201-70 Authorities and Delegations (Sep 2011)

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

https://www.acquisition.gov/content/regulations

Solicitation No. 140A1621R0014 Page 24 of 99

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

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

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

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

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

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

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

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

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

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

COR.

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

DIAR 1452.203-70 Restriction on Endorsements—Department of the interior (Jul 1996)

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The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

DIAR 1452.204-70 Release of Claims—Department of the Interior (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

DIAR 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior (APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) “Trade Secret” means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) “Confidential commercial or financial information” means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers “commercial and financial information obtained from a person and privileged or confidential,” and exemption (9), which covers “geological and geophysical information, including maps, concerning wells.”

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

“The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also

Solicitation No. 140A1621R0014 Page 26 of 99 requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.”

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

“This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.”

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a…