Sol_140D0423Q0457.pdf

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Appraisal services: Cheyenne River Residential Mar Federal contract opportunity
Solicitation number
140D0423Q0457
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Department of the Interior Departmental Offices Interior Business Center

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

D55

Suite 2000A 381 Elden Street Acquisition Services Directorate Interior Business Center, AQD

CODE 16. ADMINISTERED BYCODE

X

X

X

531320

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORD55

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/05/2023 1700 ED

03/29/2023

0000000000Ann Woodall (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140D0423Q0457

5. SOLICITATION NUMBER

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

1 38 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Herndon VA 20170

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Herndon VA 20170 Suite 2000A 381 Elden Street Acquisition Services Directorate

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

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)

Interior Business Center, AQD

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The US Department of the Interior, Appraisal and Valuation Services Office, requirement for market valuation and appraisal report services for Cheyenne River Residential Market Analysis Contract ¿ March 2023, AVIS Project Number:

163211, Agency Case ID: HS-2022-01

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Jacqueline Hernandez

. 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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

38 2 of

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

TABLE OF CONTENTS

INSTRUCTIONS TO OFFERORS

• SOLICITATION/AWARD PROCEDURES

• ANTICIPATED AWARD TYPE

• SERVICE AND SUPPLIES

• LINE-ITEM PRICING

• GENERAL REQUIREMENTS

• TECHNICAL QUALIFICATION FOR REQUIREMENT

• FAR 52.212-2 EVALUATION OF QUOTES

• SUBMISSION OF QUOTE

• SUBMISSION OF QUESTIONS

STATEMENTS OF WORK

Federal Acquisition Regulation (FAR) CLAUSES……………………………………………………..16

• 52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

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

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

• 52.212-4 Contract Terms & Conditions – Commercial Products & Commercial Services

(Dec 2022)

• 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

• 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services (March 2023) ………………………………16

• DIAR 1452.201-70 Authorities and delegations (Sep 2011)

LOCAL CLAUSES

• Disclosure of Information

• DOI-AAAP-0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)(Sep

2017)

PURCHASE ORDER PROVISIONS

• 52.252-1 Solicitation Provisions Incorporated by Reference(Feb 1998)

• 52.204-7 System for Award Management (Oct 2018)

• 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

• 52.204-22 Alternative Line-Item Proposal (Jan 2017)

• 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021)

• 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (Nov 2021)

• 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec

2022)

Solicitation – 140D0423Q0457

INSTRUCTIONS TO OFFERORS:

PROPERTY DESCRIPTION

The Department of the Interior (DOI)/Interior Business Center (IBC), Acquisition Services Directorate (AQD) on behalf of the Appraisal and Valuation Services Office (AVSO) is issuing a request for quotation for the appraisal report on: Multiple tracts on the Cheyenne River Reservations.

SOLICITATION/AWARD PROCEDURES

This Request for Quote (RFQ) is issued in accordance with the Federal Acquisition Regulation (FAR) Part 12 - Acquisition of Commercial Products and Commercial Services and FAR Part 13 - Simplified Acquisition Procedures.

ANTICIPATED AWARD TYPE

Indian Small Business Economic Enterprise (ISBEE) Set-Aside NAICS Code: 531320; for Offices of Real Estate Appraisers.

PSC: R411; Support-Professional: Real Property Appraisals Type of Contract: Firm-Fixed-Price (FFP)

SERVICE AND SUPPLIES

Requirement are provided in the Statements of Work (Attached).

DELIVERY/PERIOD OF PERFORMANCE

The target period of performance 155 calendar days from the date of the Purchase Order (PO) award. See Requirement Deliverable/Task Schedule specified in Section 3 of the SOW.

LINE-ITEM PRICING

CLIN

No. Appraisal Service Description Total Price

00010

1) Appraisal Service – Agency Case ID: HS-2022-01, AVIS Number:

163211, Case Name: Cheyenne River Residential Market Analysis Contract – March 2023, Location: Cheyenne River Reservation, South Dakota

As a FFP requirement, the pricing within an offeror’s quotation shall reflect the cost to perform the assignment to include but not limited to any travel, fees, Government discounts granted.

GENERAL REQUIREMENTS

Cover letter no more than one (1) page that includes:

• Tax Identification Number (TIN)

• Unique Entity Identifier (UEI) *UEI replaced DUNS on April 4, 2022

• Complete Business Mailing Address

• Contact Name

• Contact Phone

• Contact Email Address

• Quotation Date

• Quotation Expiration date (60 days)

TEHNICAL QUALIFICATION FOR REQUIREMENT

FACTOR A: TECHNICAL QUALIFICATIONS

Factor 1 - State Certification

a. State Certification: The appraiser must hold a current certified general appraiser license from the State of Dakota as demonstrated by a copy of their State Licensing Certificate or have the ability to obtain a temporary practice permit for the State of South Dakota. If the appraiser is licensed in another state and applying for a license in the subject jurisdiction, he/she must provide a copy of his/her current state license.

Factor 2 - Technical Acceptability

a. Experience for Assignment: Both geographical competency and technical competency will be considered. The contractor shall provide a standard Appraiser's Statement of Qualifications and a signed quote letter that describes and attests to the following:

i. Identify years of experience appraising comparable tracts of improved properties and unimproved land within similar areas of South Dakota.

ii. Identify years of experience appraising lands for federal sale or acquisition under both USPAP and UASFLA guidelines.

iii. Provide a list of at least three (3) appraisal assignments for similar land in South

Dakota, completed within the past ten years. The list should include location, acreage, improved or unimproved, date of report or date of value and zoning.

iv. Provide years of appraisal experience as a Certified General Appraiser, professional affiliations, and designations.

v. A designation from a recognized professional appraisal organization will be considered but is not required please submit documentation of the same.

b. Qualifications of Associate Appraisers: Any associates expected to contribute to the appraisal must be identified in the quote and a statement of qualifications and copy of license or permit must be provided for each individual. Those qualifications will be considered in the evaluation of quotes, with emphasis on professional designations and license, years of appraisal experience, and extend of education applicable to the appraisal of rural real estate. An expanded description of these qualifications for any key associates is recommended and may be included in the quote. Sub-contracting of this assignment is not permissible.

Factor 3 – Past Performance

a. Submit a list of the USPAP compliant appraisal reports that the appraiser(s) have performed in the last five (5) years. Include property type, general location, agency, contact information, etc. If completed for the AVSO or its predecessor organizations ITPVD or OVS the above information can be substituted by including the OASIS number or the case number.

b. Submit one sample of comparable sale write up sheet for vacant land comparable sale and one sample of comparable sale write up sheet for an improved comparable sale.

Factor 4 – Delivery/Inspection Date The target date for the initial appraisal report is within 90 days from the award of the contract. If the target dates are not achievable, then the contractor may provide alternative delivery dates up to 90 days and the reason for the later delivery. Early delivery is preferable.

Factor 5 – Price Quote A. The Quoter must provide a firm-fixed price quote with any and all discounts applied for all the work to complete the assignment described in the Statement of Work (SOW).

B. Price quotes will be evaluated for completeness and reasonableness.

EVALUATION OF QUOTATIONS

52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award of this Purchase Order will be made on a Best Value/Trade Off basis.

The following factors shall be used to evaluate offers: Technical, Past Performance, and Price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Further past performance determinations in federal contracting shall be made through a review of relevant information listed within the System of Award Management (SAM) and the Contractor Performance Assessment Reporting System (CPARS).

• All offerors are required to have an active Unique Entity Identifier (UEI) and be registered in www.SAM.gov prior to submission of quotation. **Note, the UEI replaced the DUNS number on April 4, 2022.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

http://www.sam.gov/

**SUBMISSION OF INTENT**

The Contractor is requested to notify Ann T. Woodall, Contract Specialist (CS), via email at ann_woodall@ibc.doi.gov and Jacqueline Hernandez, Contracting Officer (CO), via email at jacqueline_hernandez@ibc.doi.gov, of their intent to submit a quote on this order on or before 5:00 PM Eastern Standard Time (EST), March 31, 2023.

SUBMISSION OF QUESTIONS

Submissions of Questions to this RFQ shall be sent to Ann T. Woodall, Contract Specialist, via email at ann_woodall@ibc.doi.gov and cc Jacqueline Hernandez, Contracting Officer, via email at jacqueline_hernandez@ibc.doi.gov, on or before 5:00 PM EST, March 31, 2023. All submissions shall reference “Quote – 140D0423Q0457” and include in the subject line.

SUBMISSION OF QUOTE

Submissions of Quote to this RFQ shall be sent to Ann T. Woodall, Contract Specialist, via email at ann_woodall@ibc.doi.gov and cc Jacqueline Hernandez, Contracting Officer, via email at jacqueline_hernandez@ibc.doi.gov, on or before 5:00 PM EST, April 5, 2023. All submissions shall reference “Quote – 140D0423Q0457” and include in the subject line.

mailto:ann_woodall@ibc.doi.gov mailto:jacqueline_hernandez@ibc.doi.gov mailto:ann_woodall@ibc.doi.gov mailto:jacqueline_hernandez@ibc.doi.gov

STATEMENT OF WORK

Appraisal and Valuation Services Office (AVSO)

AVIS Case ID - Project No. - Client Agency No.: Please note, AVIS Project No. is the former OASIS Case No.

No. AVIS Case No. AVIS Project No.

Client Reference No. Purpose Lot Sizes

1 163211 A01-340-2022-

16023 HS-2022-01

Residential Market Analysis

2.5 ac - 5 ac

SECTION 1 – Subject Identification & General Information

Identification

Case Name: Cheyenne River Residential Market Analysis Contract – March 2023.

Location: Cheyenne River Reservation, South Dakota.

Acquisition Case Type: Market Analysis for Residential Land Leases.

Acquisition Size: The analysis will include examination of homesite leases on tracts ranging between 2.5 – 5.0 acre within the geographic area of the Cheyenne River Reservation.

Property Type: The analysis will include all types of vacant residential properties.

Client Appraisal and Valuation Services Office (AVSO).

Intended Users The Client, and the Bureau of Indian Affairs -Cheyenne River, AVSO Central Region - Great Plains Area.

Intended Use The intended use of this market analysis is to provide the BIA Agency with sufficient information on payment amounts to assist in their determination of fair market rents or compensation for residential purposes across trust and restricted lands.

Property Description A specific property is not identified only classes of property.

Legal Description A specific property is not identified only classes of property.

Property Rights A right of possession for residential purposes for a specified period. The property rights include those residential lease rights stipulated in the standard-form Lease provided by the BIA.

Personal Property Not applicable.

Property Access Assume legal and physical access.

SECTION 2 – Appraisal Service Standards & Instructions

Assignment Standards The assignment must conform to the following:

• The Code Federal Regulations, 25 CFR 162.301, Subpart C-Residential Leases

• The market analysis is not considered an appraisal subject to the Standards in the Uniform Standards of Professional Appraisal Practice (USPAP). However, since the market analysis is to be performed by an appraiser, acting as an appraiser, the appraiser must comply with other parts of USPAP, e.g., the Preamble, the Definitions, the Ethics Rule, Competency Rule, and the Jurisdictional Exception Rule.

• The extent of the market rent analysis should be sufficient to accurately characterize the market for such properties including characteristics that may have an impact on rent payments. Recent market transactions of relevant residential leases should be researched, confirmed, and analyzed, including private treaty, public lands and trust or restricted property leases. Care should be exercised to isolate the impact of lease rights in the data that are not included in the subject’s proposed lease.

• Geographical research area for the market study should be focused on the counties that encompass the Cheyenne River reservation.

• Researching Market Data Search for market lease transactions o Search for all residential lease transactions for the past five years o Identify start date, lease term (in years) o Identify property characteristics that would influence the rent of the transactions, e.g., presence of wet and dry utilities, legal and physical access, type of physical access (paved, gravel, dirt, etc.)

o Identify lease price trends if any o Form or arrange by parcel size (common groupings) 2.5 acres & 5 acres o Identify No. of tracts in groupings o Identify annual rental and report in absolute terms and in rent per acre, for each grouping report the range from low to high and perform a simple statistical analysis in terms of the mean, median, mode and standard deviation of the groupings

Definitions

• "FAIR ANNUAL RENTAL". “Fair annual rental” means the amount of rental income that a leased tract of Indian land would most probably command in an open and competitive market.1

• “TRUST OR RESTRICTED STATUS”. Trust or restricted status means:

(1) That the United States holds title to the tract or interest in trust for the benefit of one or more tribes or individual Indians; or

(2) That one or more tribes or individual Indians holds title to the tract or interest but can alienate or encumber it only with the approval of the United States because of limitations in the conveyance instrument under Federal law or limitations in Federal law. 2

Date of Report Conclusions Assignment conclusions should be effective as of the date of report unless otherwise noted by the client or the Appraisal Request.

Extraordinary Assumptions Not applicable.

Hypothetical Conditions Not applicable.

Property Inspection Not applicable.

Pre-Assignment Meeting The appraiser may be required to attend a pre-work meeting with the assigned AVSO review appraiser, the Bureau realty specialist or other bureau representative, and other interested parties. The AVSO review appraiser will coordinate the date and time of the pre-work meeting.

At the discretion of the AVSO review appraiser, the pre-work meeting may be conducted telephonically.

If any significant items of concern from materials researched during the market analysis process that were not discussed in the pre-work meeting, the appraiser must contact the AVSO review appraiser before continuing with the assignment.

Controversies/Issues None are known. Should the appraiser identify controversies or issues during assignment that were not previously discussed with the AVSO review appraiser, the appraiser must immediately notify the AVSO review appraiser before proceeding with the assignment.

1 25 CFR §162.101

2 25 CFR §162.101

Special Appraisal Valuation Instructions:

1. Although communication is encouraged between the Appraiser and the BIA Agency, only the AVSO Review Appraiser in conjunction with AQD Contracting Officer, can modify the market analysis instructions, in writing.

2. The Appraiser may not communicate assignment results to any party other than AVSO unless authorized to do so, in writing.

3. Any communication (written or verbal) between the Appraiser and the BIA Agency shall include the AVSO Review Appraiser.

General Requirements & Instructions:

1. The appraiser must hold a valid license as a Certified General Appraiser for the jurisdiction in which the market analysis applies and insert a copy of the license within the market analysis report. (Valid credentials include those obtained directly from the jurisdiction, those issued under a reciprocity agreement, and/or those characterized as “temporary” under the jurisdiction’s licensing and certification statutes).

2. Include copies of the AVSO statement of work, the engagement letter, and any other assignment instructions in the addenda to the market analysis report.

3. Color photographs and maps of comparable properties shall be included in the market analysis. AVSO will accept aerial/satellite photographs for comparable properties unless the satellite images do not accurately represent the property as of the date of inspection.

The appraiser must photograph any unusual property features from the ground.

4. The market analysis will be reviewed for compliance with the terms of this Statement of

Work(including all cited standards). Any findings of inadequacy will require clarification and/or correction.

5. The appraiser must consider the market analysis and all DOI internal documents furnished to the appraiser to be confidential. Refer all requests for information concerning the market analysis process to the AVSO review appraiser.

6. AVSO will not normally accept custody of confidential or proprietary information. Should the appraiser find it necessary to rely on confidential or proprietary information, then the appraiser must contact the AVSO review appraiser for instructions prior to delivering the initial market analysis.

7. While the public is not an intended user of the appraisal report, the Freedom of

Information Act (FOIA) and bureau policy may result in the release of all or part of the market analysis to others.

8. If proprietary information is intended to be included in the market analysis, the appraiser must gain the concurrence from the AVSO review appraiser and deliver the proprietary information in a separate binder.

SECTION 3 – Performance & Submission Requirements

The appraiser must address any questions regarding assignment instructions and/or technical requirements for the market analysis to the assigned AVSO review appraiser who’s contact information will be provided when the contract is awarded.

Deliverable/Task Schedule

REQUIRED DELIVERABLES

DELIVERY DATE

Pre-Work Meeting

Initial Market Analysis Report

A pre-work teleconference will be scheduled within 5 business days of the contract award.

An unlocked PDF for the initial market analysis report shall be submitted to the review appraiser within 90 calendar days of the contract award.

Review Period & Comments Provided to Appraiser

Review completion target is 45 days after the initial market analysis report has been received. Any corrections/revisions must be completed and returned to the review appraiser within 10 business days or a total of 15 days in the event of multiple requests for correction or clarification.

Final Market Analysis Report

The appraiser will provide a final, electronic copy (PDF) to the review appraiser upon final approval of the market analysis report and within 5 business days of the reviewer’s acceptance and approval of the electronic copy.

SOUTH DAKOTA – CHEYENNE RIVER LOCATION MAP

(END OF STATEMENTS OF WORK)

CONTRACT CLAUSES

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

https://www.acquisition.gov

52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Dec 2022) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

(End Clause)

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Mar 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108- 78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

https://www.acquisition.gov/

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

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

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023)( 15 U.S.C.

632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C.

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

X__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

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

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

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

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

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

__ (48) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 19 U.S.C.

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

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

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

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (NOV 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

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

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

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

DIAR 1452.201-70 Authorities and delegations (Sep 2011) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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)

LOCAL CLAUSES

Disclosure of Information Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

Release of Information

No news release (including photographs and films, public announcements, denial, or confirmation of same) on any part of the subject matter of this effort or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer.

The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft, and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the Contractor shall insure that the cover of all interim, draft, and final reports contains the following statement: "The view, opinions, or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy, or decision, unless so designated by other documentation."

There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this effort without prior written approval from the Contracting Officer.

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work described herein, i.e., on a “need to know” basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Local Clause)

DOI-AAAP-0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Sept 2017) 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:

Invoice Contents: Invoices will be paid upon approval and acceptance by the Government COR.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ipp.gov%2F&data=05%7C01%7Cjacqueline_hernandez%40ibc.doi.gov%7C1d24cd0e2a2941b58e5b08daac5b90ac%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638011806514207190%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=gOHw2kDpadNQZX0If8vQXyMJT%2BPF%2BW7C7oyVbCDkKko%3D&reserved=0…

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