Sol_140A1625R0007.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

See Schedule

CODE 16. ADMINISTERED BYCODE

X

X

562910

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORA16

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

01/14/2025 1700 ES

12/02/2024

0000000000Abri-Gayle Sterlacci (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140A1625R0007

5. SOLICITATION NUMBER

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

1 52 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Reston VA 20192 Mail Stop-244 Contracting Office 12201 Sunrise Valley Drive

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$25

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

BIA CENTRAL 00016

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ADMINISTERED BY:

DOI, BIA CENTRAL

Contracting Office 12201 Sunrise Valley Drive Mail Stop-244 Reston VA 20192 USA Work performed under the Environmental Remediation MAC (ER-MAC) will encompass a variety of environmental assessing, sampling, monitoring, and remediation services at Indian Affairs (IA) facilities and properties. Work will be

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Jessica Kidd

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

performed in accordance with the IDIQ Scope of

Work (SOW) and individual task order SOWS.

00010 5 year ER-MATOC

Product/Service Code: F108

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- ENVIRONMENTAL REMEDIATION

Period of Performance: 02/28/2025 to 02/28/2030

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

52 2 of

Solicitation No. 140A1624R0019 Page 3 of 52

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 Background

B.1.1. The Environmental Sampling and Remediation Services Indefinite Delivery Indefinite Quantity (IDIQ) will consist of a pool of IDIQ contracts in a Multiple Award Contract (MAC) arrangement consistent with FAR Subpart 16.504. Work performed under the Environmental Remediation MAC (ER-MAC) will encompass a variety of environmental assessing, sampling, monitoring, and remediation services at Indian Affairs (IA) facilities and properties; sampling may include but not be limited to lead paint, dust, soil, asbestos, radon, mold, illicit drug residue, and other environmental hazards. Beyond sampling, some materials must be remediated/abated to prevent exposure or environmental degradation. Work may also include restoring building materials to a state that is not damaged after completion of remediation.

B.1.2. ER-MAC pool members will compete for task orders, and task order awardees will be responsible for all labor, supervision, materials, equipment, tools, parts, supplies, and transportation to perform the services described in the drawings and specifications for each individual project.

B.1.3. IA is targeting three (3) IDIQ contracts to be awarded to qualified Offerors. The Government reserves the right to award fewer or more than three (3) IDIQ contracts. The total price for all contracts combined will not exceed $45,000,000.00 (45 million) for the five-year life of the contracts.

B.1.4. Most projects awarded on this ER-MAC will have an estimated cost of approximately $10,000.00 to $2,000,000.00; however, smaller, and larger dollar value projects may be considered.

B.2 Contract Type

B.2.1. All task orders awarded under the ER-MAC will be fixed-price contracts consistent with FAR Subpart 16.2.

B.3. Minimum Guarantees and Maximum Ceiling

B.3.1. The minimum guarantee is $10,000.00 for each ER-MAC pool member that is not awarded a task order for the full term of the ER-MAC ordering period. Please note that this minimum guarantee will not apply to ER-MAC pool members that are off-ramped in accordance with section H.2 of this solicitation.

B.3.2. There is no maximum ceiling on task order prices, however FAR 52.216-19 Order Limitations establishes that pool members are not obligated to propose on orders over $2,000,000.00.

Solicitation No. 140A1624R0019 Page 4 of 52

B.4. Ordering Procedures

B.4.1. Task orders issued under the ER-MAC will conform to FAR 16.505 Ordering. Each awardee will be provided with a fair opportunity for consideration unless an exception at FAR 16.505(b) applies. Each task order solicitation will include the significant factors that the agency expects to consider in evaluating proposals, and their relative importance. It is expected that awards will generally be made on a best value basis using either a trade-off or lowest price technically acceptable method.

B.5. Task Order Pricing

B.5.1. Task order pricing will be proposed in response to each task order solicitation. All task order pricing will be fixed-priced.

The following binding rates shall apply for pricing task orders placed under this contract.

<NEGOTIATED IDIQ BINDING PRICE SCHEDULE TO BE INSERTED HERE

BEFORE CONTRACT AWARD>

*Square feet of the structure or structures to be assessed.

**Square feet or linear feet of the material identified for remediation during the assessment.

These rates are fully burdened with all markups other than travel, profit, and taxes. These rates shall be rates for all prime and subcontractor personnel. That is, the Government intends to pay one rate for each item, so to the extent that tasks overlap between prime and subs, the price must be combined into one price per item.

When proposing pricing on task order solicitations, offerors must not exceed the maximum allowable unit prices contained in this contract. Offerors are permitted and encouraged to base task order proposal pricing on rates that are less than those contained in the IDIQ contract (i.e.

offer discounts at the task order level). If additional rates are required at the task order level, they will be negotiated at the task order level. All rates will be binding throughout the life of the IDIQ contract.

All travel will be compensated consistent with Federal Travel Regulations (FTR) as described in the Code of Federal Regulations Title 41. Other direct costs will be negotiated during task order negotiations.

In accordance with FAR 52.217-8 Option to Extend Service, the government may choose to extend the ordering period up to six (6) months if continued performance is deemed in the best interest of the Government.

END OF SECTION

Solicitation No. 140A1624R0019 Page 5 of 52

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. Work under this multiple award contract will encompass assessing, sampling, monitoring;

lead paint, asbestos, radon, mold, and other environmental hazards within and around facilities such as but not limited to schools, dormitories, detention centers, housing units, offices, museums, historic building and sites for which IA is the responsible party for environmental contamination. The selected contractors shall be responsible for all labor, supervision, materials, equipment, tools, parts, supplies, and transportation to perform the services described in the drawings and specifications and/or Statement of Work (SOW) for each individual project. Work may be located across the Continental United States and Indian Country.

C.2. Attachment 1, Statement of Work (SOW) Environmental Sampling and Remediation Services IDIQ, establishes a general statement of work for ER-MAC procurements. All task order solicitations will include SOWs and/or plans and specifications for the specific work to be accomplished under the contract.

Solicitation No. 140A1624R0019 Page 6 of 52

SECTION D – PACKAGING AND MARKING

THIS PAGE IS INTENTIONALLY LEFT BLANK

Solicitation No. 140A1624R0019 Page 7 of 52

SECTION E – INSPECTION AND ACCEPTANCE

E.1. Federal Acquisition Regulation (FAR) Clauses and Provisions Incorporated by Reference

• FAR 52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

Department of the Interior Regulation (DIAR) Clauses and Provisions Incorporated by Full-Text

• 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. 140A1624R0019 Page 8 of 52

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR Clauses/Provisions Incorporated by Reference

• FAR 52.211-16 Variation in Quantity (Apr 1984)

• FAR 52.242-15 Stop-Work Order (Aug 1989)

• FAR 52.242-17 Government Delay of Work (Apr 1984)

Solicitation No. 140A1624R0019 Page 9 of 52

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 FAR Clauses/Provisions Incorporated by Full Text

• 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.

Erica Nemmers U.S. Department of the Interior, Indian Affairs 12220 Sunrise Valley Drive Reston, VA 20191 erica.nemmers@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:

Erica Nemmers U.S. Department of the Interior, Indian Affairs 12220 Sunrise Valley Drive Reston, VA 20191 erica.nemmers@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.

https://www.govinfo.gov/content/pkg/USCODE-2017-title41/html/USCODE-2017-title41-subtitleI-divsnC-chap41-sec4106.htm mailto:erica.nemmers@bia.gov mailto:erica.nemmers@bia.gov

Solicitation No. 140A1624R0019 Page 10 of 52

(End of Clause)

G.2 DIAR 1452.201-70 Authorities and Delegations (Sept 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) for each task order at time of task order 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.

Solicitation No. 140A1624R0019 Page 11 of 52

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

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

(End of Clause)

G.3 Local Clauses

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

(a) The Indian Affairs (IA) 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, and issuing other unilateral and bilateral modifications to the IDIQ contracts).

(b) Only Indian Affairs contracting offices are authorized ordering offices under this MAC. Indian Affairs ordering offices will be responsible for awarding and administering their respective Task Orders issued under this MAC.

(End of Local 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 Local 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.

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

Solicitation No. 140A1624R0019 Page 12 of 52

• 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. 140A1624R0019 Page 13 of 52

SECTION H – LOCAL CLAUSES

H.1 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.

(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) determination 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. 140A1624R0019 Page 14 of 52

H.2 Off-Ramping The Government reserves the unilateral right to Off-Ramp Contractors from the ER-MAC pool.

Off-Ramping is a mechanism by which the Government can remove contractors who are not competitive in the ER-MAC pool. If an ER-MAC pool member is off-ramped while it is performing active task orders, those task orders may be terminated, or the IDIQ may be put in a hiatus status with no new task orders awarded until the active task orders are complete.

Below are example conditions that may lead ER-MAC contractors to be removed from the ER- MAC pool:

o The pool member does not submit any proposals despite having received four requests for proposal that are within the ordering limitations established in this solicitation under FAR 52.216-19 Order Limitations.

o The pool member submits proposals that are consistently much higher than competitive proposals. The pool member’s proposed prices are greater than the mean average proposed price by more than 50% for three proposals in a row.

o The pool member receives an adverse past performance rating on an ER-MAC CPARS.

After the pool member uses its opportunity to address the adverse past performance, the Government is still unsatisfied with performance.

Pool members who have been Off-Ramped are not entitled to receive the minimum guarantee established at the time of IDIQ award and addressed in Section B.3.

H.3 On-Ramping The Government reserves the right to utilize an On-Ramping concept, consistent with FAR 16.504(c)(1)(ii)(A), to maintain sufficient competition among the ER-MAC awardees by adding pool members after the original selection is made. This will be done by requesting and evaluating proposals in a manner consistent with the original solicitation. The Government may determine at any time that it would be in the Government’s best interest to initiate an open season to add additional contractors to the ER-MAC pool.

If the Government initiates an open season, a notice will be published in www.sam.gov in accordance with FAR Part 5, Publicizing Contract Action. Any open season solicitation issued will adhere to all Federal procurement law current at the time of solicitation, and the award decision under the open season solicitation will be based upon substantially the same evaluation factors/subfactors as the original solicitation. The On-Ramp solicitation will identify the target number of new contracts intended to be awarded in response to the On-Ramp solicitation notice.

The terms and conditions of any resulting awards will be materially the same as the existing awards to the original ER-MAC awardees. Any new awards will end at the same time as the existing term for all other ER-MAC contracts. Immediately upon on-ramping, the new ER-MAC pool member will be eligible to submit a proposal in response to any task order solicitation and receive task order awards with the same rights and obligations as any other pool member.

http://www.sam.gov/

Solicitation No. 140A1624R0019 Page 15 of 52

SECTION I – CONTRACT CLAUSES

I.1 FAR Clauses and Provisions Incorporated by Reference

Alternate I (Nov 2021)FAR 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)

• FAR 52.203-14 Display of Hotline Poster(s) (Nov 2021)

• FAR 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment

Act of 2009 (Jun 2010)

• FAR 52.203-16 Preventing Personal Conflicts of Interest (Jun 2020)

• FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

• FAR 52.204-2 Security Requirements (Mar 2021)

Alternate I (Apr 1984) Alternate II (Apr 1984)

• 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 & First-Tier Subcontract Awards (Jun

2020)

• FAR 52.204-12 Unique Entity Identifier Maintenance (Oct 2016)

• FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

• FAR 52.204-14 Service Contract Reporting Requirements (Oct 2016)

• FAR 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016)

• FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

• FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

• FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)

• FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023)

• FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

• 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 (Nov 2021)

• 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 (Nov 2021)

• FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2023)

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

Orders-Commercial Products and Commercial Services (May 2024)

• FAR 52.215-2 Audit and Records-Negotiation (Jun 2020)

• FAR 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997)

Solicitation No. 140A1624R0019 Page 16 of 52

• FAR 52.216-4 Economic Price Adjustment – Labor and Material (Jan 2017)

• FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)

• FAR 52.219-8 Utilization of Small Business Concerns (Feb 2024)

• FAR 52.219-14 Limitations on Subcontracting (Oct 2022)

• FAR 52.219-28 Post-Award Small Business Program Representation (Feb 2024)

• FAR 52.222-3 Convict Labor (Jun 2003)

• FAR 52.222-4 Contract Work Hours & Safety Standards-Overtime Compensation (May 2018)

• FAR 52.222-7 Withholding of Funds (May 2014)

• FAR 52.222-8 Payrolls and Basic Records (Jul 2021)

• FAR 52.222-9 Apprentices and Trainees (Jul 2005)

• FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

• FAR 52.222-11 Subcontractors (Labor Standards) (May 2014)

• FAR 52.222-12 Contract Termination-Debarment (May 2014)

• FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988)

• FAR 52.222-15 Certification of Eligibility (May 2014)

• FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015)

• FAR 52.222-26 Equal Opportunity (Sept 2016)

• FAR 52.222-37 Employment Reports on Veterans (Jun 2020)

• 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 (Nov 2021)

Alternate I (Mar 2015)

• FAR 52.222-54 Employment Eligibility Verification (May 2022)

• FAR 52.222-55 Minimum Wages Under Executive Order 14026 (Jan 2022)

• FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)

• FAR 52.223-2 Reporting of Biobased Products Under Service & Construction Contracts

(MAY 2024)

• FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024)

• FAR 52.223-6 Drug-Free Workplace (May 2011)

• FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (Aug 2018)

• 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020)

• FAR 52.225 Buy American-Supplies (Oct 2022)

• FAR 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

• FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises

(Jun 2000)

• FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May

2024)

• FAR 52.227-1 Authorization and Consent (Jun 2020)

• FAR 52.227-17 Rights in Data—Special Works (Dec 2007)

Solicitation No. 140A1624R0019 Page 17 of 52

• FAR 52.227-23 Rights to Proposal Data (Technical) (Jun 1987)

• FAR 52.228-5 Insurance-Work on a Government Installation (Jan 1997)

• FAR 52.229-1 State and Local Taxes (Apr 1984)

• 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 (Nov 2021)

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)

• FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar

2023)

• 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 52.244-6 Subcontracts for Commercial Products & Commercial Services (Feb 2024)

• FAR 52.245-9 Use and Charges (Apr 2012)

• FAR 52.246-20 Warranty of Services (May 2001)

• FAR 52.246-25 Limitation of Liability-Services (Feb 1997)

• 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)

I.2 FAR Clauses and Provisions Incorporated by Full Text

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

Solicitation No. 140A1624R0019 Page 18 of 52

• FAR 52.216-18 Ordering (Aug 2020)

(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) A delivery order or task order is considered “issued when –

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either-

(1) Posts a copy of the delivery order or task order to the Government document access system, and notice is sent to the Contractor; or

(2) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Order may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(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 $10,000.00, 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-

(1) Any order for a single item more than $2,000,000.00.

(2) Any order for a combination of items more than $2,000,000.00; 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.

Solicitation No. 140A1624R0019 Page 19 of 52

(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 period; provided, that the Contractor shall not be required to make any deliveries under this contract after 5 years from the date of contract award.

(End of Clause)

• 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 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 30 days before the contract expires.

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

Solicitation No. 140A1624R0019 Page 20 of 52

(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 5 years and 6 months.

(End of clause)

• FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020)

(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 valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, 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 (Jun 2020)

(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 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 the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or https://www.acquisition.gov/content/221301-definitions#i1096035 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/far/part-22#FAR_22_1408

Solicitation No. 140A1624R0019 Page 21 of 52 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 52.223-9 Estimate of Percentage of Recovered Material Content for EPA designated Items (May 2008)

(a) Definitions. As used in this clause-

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to TBD at Task Order level.

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

Solicitation No. 140A1624R0019 Page 22 of 52

• 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 (Nov 2020)

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

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

(End of 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.

(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.

Solicitation No. 140A1624R0019 Page 23 of 52

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

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

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

COR.

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

(End of clause)

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

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.

Solicitation No. 140A1624R0019 Page 24 of 52

• 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 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…