Sol_140D0424Q0118.pdf
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- STALEY, AVIS Project #F240001 Federal contract opportunity
- Solicitation number
- 140D0424Q0118
About this file
This request for quotation (RFQ) solicits appraisal services for a property known as Staley, located in Upper Kalskag, Alaska. The Department of the Interior (DOI) Interior Business Center (IBC) seeks a market valuation and appraisal report for the approximately 39.96-acre parcel on behalf of the Appraisal and Valuation Services Office (AVSO) and the U.S. Fish and Wildlife Service (USFWS). Offerors must provide pricing for the appraisal using firm-fixed price, and the period of performance is 100 days from award. The solicitation is a total small business set-aside for NAICS code 531320, with a response due date of November 22, 2023.
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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
11/22/2023 1700 ES
11/15/2023
703-914-3712Irma Nanatovich (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140D0424Q0118
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 55 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 U.S. Department of the Interior, Appraisal and Valuation Services office, requirement for market valuation and appraisal report services for Staley, AVIS Project Number: F240001.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Morgan Schickler
. 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
55 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
DELIVERY/PERIOD OF PERFORMANCE
LINE-ITEM PRICING
GENERAL REQUIREMENTS
TECHNICAL QUALIFICATION FOR REQUIREMENT
FAR 52.212-2 EVALUATION OF QUOTES
SUBMISSION OF QUESTIONS
SUBMISSION OF INTENT …………………………………………………………………………..6
SUBMISSION OF QUOTE
STATEMENTS OF WORK
CONTRACT CLAUSES
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 and Conditions - Commercial Products and Commercial Services (Nov 2023) 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 (Nov 2023) 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)
CONTRACT 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 (Sep 2023)
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 (Nov 2023) ………………………………………………………………………………………………23
ATTACHMENTS………………………………………………………………………………………….35
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:
AVIS Project Number: F240001, Case Name: Staley, Upper Kalskag, Alaska, Acreage: +/- 39.96 Acres, Case Type:
Acquisition, Intended Users: The appraisal report will be used by the Appraisal and Valuation Services Office (AVSO)) and the U.S. Fish and Wildlife Service (USFWS) on behalf of the United States of America.
SOLICITATION/AWARD PROCEDURES
This Request for Quote (RFQ) is issued in accordance with FAR Part 12 - Acquisition of Commercial Products and Commercial Services and FAR Part 13 - Simplified Acquisition Procedures.
ANTICIPATED AWARD TYPE
Total Small Business 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 (SOW).
DELIVERY/PERIOD OF PERFORMANCE
The target period of performance 100 days from the date of award. See the Deliverable/Inspection Date specified in the Technical Qualifications Section below.
LINE-ITEM PRICING
CLIN
No.
Appraisal Service Description Total Price
00010 AVIS Project Number: F240001, Case Name: Staley
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 1 page that includes:
• Tax Identification Number (TIN)
• Dun & Bradstreet Number (DUNS)
• Unique Entity Identifier (UEI) *UEI replaces DUNS on April 4, 2022
• Complete Business Mailing Address
• Contact Name
• Contact Phone
• Contact Email Address
• Quotation Date
• Quotation Expiration date (60 days)
TECHNICAL QUALIFICATION FOR REQUIREMENT
The quotation shall include the following technical, past performance and price information:
TECHNICAL QUALIFICATIONS
Factor A: Technical Qualifications
1. State Certification: The appraiser must hold a current Certified General Appraiser license in the State of Alaska as demonstrated by a copy of the State Licensing Certificate, or, have the ability to obtain a temporary practice permit for the State of Alaska. 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. (A temporary license must also be provided by the contracted appraiser and included in the addenda of the appraisal report.)
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 proposal letter that describes and attests to the following:
1. Please provide a summary of your years of experience appraising vacant and improved agricultural use tracts and improved rural residential tracts similar to the subject tracts within the general market area, and/or similar market areas, to include site size range and improvement types.
2. Please provide a summary of your years of experience appraising lands for federal acquisition under
UASFLA guidelines. If none, please state such.
3. Completion of a course in UASFLA is considered, but not a requirement at this time. Please provide a statement indicating whether a course has been completed, including the year of completion.
b. Qualifications of Associate Appraisers: Sub-contracting of this assignment is not permissible. Any associates expected to contribute to the appraisal must be identified in the proposal and a statement of qualifications and a copy of their license or permit must be provided.
c. Initial Delivery Date: Target date for initial delivery of the appraisal reports to the AVSO Reviewer is within 60--days from the date of engagement. Earlier delivery is preferable and will be given consideration but is not a requirement.
3. Past Performance
a. Submit a list of at least two (2) of the most recent UASFLA-compliant appraisal reports completed. Include property type, size of property, date of value, location, and the client contact information for reference purposes. If none completed, please state such.
b. Submit a list of at least two (2) of the most recent appraisal reports completed for agricultural land with/without improvements and two (2) improved rural residential tracts similar to the subject tracts within the general market area or similar market areas. Include property type, size of site, date of value, location, and the client contact information for reference purposes.
5. Price Quote
a. The Quoter must provide a firm-fixed price quote that includes any and all discounts applied for all the work to complete the assignment described in the Statement of Work (SOWs).
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. The following factors shall be used to evaluate offers:
________________________________________________[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.] Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to 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 replaces the DUNS number on April 4, 2022.
SUBMISSION OF QUESTIONS
Submissions of Questions to this RFQ shall be sent to Irma Nanatovich, Contract Specialist II (Contractor), via email at irma_nanatovich@ibc.doi.gov and cc Morgan Schickler, Contracting Officer, via email at morgan_schickler@ibc.doi.gov, on or before 5:00 PM Eastern Standard Time (EST), November 18, 2023. All submissions shall reference “Quote - 140D0424Q0118” and include in the subject line.
SUBMISSION OF INTENT
The Contractor is requested to notify Irma Nanatovich, Contract Specialist, irma_nanatovich@ibc.doi.gov and Morgan Schickler, Contracting Officer, via email at morgan_schickler@ibc.doi.gov, via email, of their intent to submit a quote on this order on or before 5:00 PM EST, November 18, 2023.
SUBMISSION OF QUOTE
Submissions of Quote to this RFQ shall be sent to Irma Nanatovich, Contract Specialist II (Contractor), via email at irma_nanatovich@ibc.doi.gov and cc Morgan Schickler, Contracting Officer, via email at morgan_schickler@ibc.doi.gov, on or before 5:00 PM EST, November 22, 2023. All submissions shall reference “Quote - 140D0424Q0118” and include in the subject line.
http://www.sam.gov/ http://www.sam.gov/ mailto:irma_nanatovich@ibc.doi.gov mailto:morgan_schickler@ibc.doi.gov mailto:irma_nanatovich@ibc.doi.gov mailto:morgan_schickler@ibc.doi.gov mailto:irma_nanatovich@ibc.doi.gov mailto:morgan_schickler@ibc.doi.gov
UNITED STATES DEPARTMENT OF THE INTERIOR
OFFICE OF THE SECRETARY
Appraisal and Valuation Services Office
APPRAISAL STATEMENT OF WORK
SECTION 1: CASE PROPERTIES
AVIS Project Number: F240001
Agency Case Number: 00216517
Client Agency: USFWS
Case Name: Staley
Realty Action: Acquisition
Applicable Authority Alaska National Interest Land Conservation Act, Section 1302
Requested Service: Appraisal
Acquisition Funding Source: Land Water Conservation Fund
Appraisal Funding Method: Interior Business Center, Acquisition Services Directorate
SECTION 2: SUBJECT OF THE APPRAISAL
Proposed Acquisition: The proposed acquisition, the current use of which is recreational that comprises +/- 39.96 acres
Legal Description of Proposed Acquisition:
Lot l, US Survey No. 10206, Alaska, situated on the right bank of the Kuskokwim River approximately I mile southeast of the village of Upper Kalskag, Alaska. Containing 39.96 acres, as shown on the plat of survey officially filed on June 25, 1992. Kuskokwim Recording District.
The parcel is further described as being located within Section 26, Township 17 North, Range 61 West, Seward Meridian, Alaska.
The parcel is also referred to as Native Allotment F-029261.
Property Rights Appraised: Acquisition - Fee Simple Interest, subject to easements and encumbrances of record.
Current Use: Recreational
SECTION 3: APPRAISAL PROBLEM IDENTIFICATION
Client: U.S. Department of Interior, Appraisal Valuation Services Office (AVSO).
Intended Users: The intended users are U.S. Fish and Wildlife Service (USFWS) and Appraisal Valuation Services Office (AVSO) on behalf of the United States of America.
Intended Use: To assist the client agency in its determination of the amount to be paid as just compensation for the property rights acquired or conveyed.
It is not intended for any other use.
Type of Value: Market Value (subject to reservation of mineral estate and subject to any existing easements, encumbrances, and/or reservations, if any, indicated in the preliminary title report).
Definition of Market Value: Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of value, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property.1
Effective Date: The Latter of:
a) The date of the last property inspection, or
b) the date upon which the appraiser has concluded his market research and analysis
SECTION 4: ASSIGNMENT CONDITIONS
Applicable Standards: USPAP UASFLA 6th Edition
Evaluation Criteria: 1. Appraisers must provide a sample appraisal work product for AVSO examination, a previously submitted sample work product may fulfill this requirement. Contractor must provide proof of real estate appraiser licensure or demonstrate the ability to obtain a license in the state where the subject property is located.
2. Fee appraisers preparing valuation products for AVSO review, where compliance with UASFLA is required, must demonstrate a working knowledge of UASFLA evidenced through presentation of the appraiser’s credentials and an assessment of their experience and training by either a team lead appraiser, supervisory review appraiser, or a review appraiser.
3. The appraiser must hold a professional designation or accreditation that
1 Uniform Appraisal Standards for Federal Land Acquisitions 6th Edition, Section 1.2.4 at page 10.
requires classroom training in appraisal practice and experience requirements approved by the Appraisal Qualifications Board, as well as a demonstration appraisal report or appraisal review report, and a comprehensive qualifying examination.
4. The appraiser must demonstrate geographic competence in the subject market.
Extraordinary Assumptions: None.
Legal Instructions: None.
Hypothetical Conditions:
None.
If the appraiser determines that any other hypothetical conditions are required, he/she must contact the AVSO Review Appraiser to request a legal instruction.
Jurisdictional Exceptions: A jurisdictional exception to USPAP Standards Rule 1-2(c) is required for appraisals for federal acquisitions—i.e., appraisals applying the federal definition of market value—to ensure the opinion of value can be used as a reliable measure of just compensation under the Fifth Amendment to the U.S. Constitution.
Therefore, the appraiser must include the following statement:
• the appraisal was developed and the appraisal report prepared in conformance with the Appraisal Standards Board’s Uniform Standards of Professional Appraisal Practice and complies with USPAP’s Jurisdictional Exception Rule when invoked by Section 1.2.7.2 of the Uniform Appraisal Standards for Federal Land Acquisitions.
Pre-Work Meeting: Yes. A pre-work meeting, scheduled by the Review Appraiser at a mutually acceptable time and place, must precede the appraiser’s scope of work determination.
This meeting may include the agency, the private property owner, and/or other stakeholders, to provide transparency with respect to the process, to exchange vital information, and to assign tasks as necessary.
Property Inspection: “In acquisitions of such large or inaccessible properties that a physical on-the ground inspection may be impossible or not useful, the client may modify the scope of work to allow for an aerial inspection of the property.” (UASFLA 1.2.6.3 at page 12).
If the Appraiser can comply with USPAP’s Scope of Work Rule and provide “credible results” with an aerial inspection, they may do so in accordance with UASFLA 1.2.6.3 at page 12). The manner of inspection must be disclosed in the appraisal report (including the source and date of the aerial photography or satellite imagery used).
Note: an overflight inspection of the subject and the comparable sales is not required by the Agency.
Contacting Landowners: Under the Uniform Act, the owner or the owner’s designated representative must be given an opportunity to accompany the contract appraiser during the appraiser’s inspection of the property (UASFLA 1.2.6.4).
Larger Parcel: The appraiser must make a larger parcel determination in every appraisal developed under these Standards (UASFLA 1.4.6 at page 24).
Special Instructions: 1. AVSO is the appraiser's sole client. The appraiser may not communicate assignment results to any party except AVSO, unless authorized to do so in writing by AVSO.
2. If the appraiser discovers material facts which differ from those provided by AVSO or encounters circumstances which prevent the appraiser from developing an unbiased appraisal, the appraiser must contact the AVSO review appraiser for instructions.
3. Any communication (verbal or written) with the FWS realty contact shall include the assigned AVSO review appraiser.
4. Even though communication is encouraged with the property owner and FWS, only the assigned AVSO review appraiser can modify appraisal instructions (in writing).
SECTION 5: ADDITIONAL ASSIGNMENT CONDITIONS
1. The AVSO Statement of Work (SOW), and other assignment instructions must be included in the addenda to the appraisal report.
2. The appraisal development should substantially conform to the process described in Section 1 of the Uniform Appraisal Standards for Federal Land Acquisitions 6th Edition.
3. The appraisal report should substantially conform to the sequence and content described in Section 2 of the Uniform Appraisal Standards for Federal Land Acquisitions 6th Edition.
4. The appraisal report addenda should include a completed Appendix A: Appraisal Report Documentation Checklist, which can be found on page 208 of the Uniform Appraisal Standards for Federal Land Acquisitions 6th Edition.
5. The appraisal must include color photographs of all comparable sales, which may include the use of aerial photographs, as appropriate in accordance with UASFLA 1.2.6.3 page 12.
6. Sales requiring extraordinary verification in accordance with Section 1.5.2.4 must adhere strictly to the standards enumerated therein.
7. The appraisal report will be reviewed for compliance with the Uniform Standards of Professional Appraisal Practice, the Uniform Appraisal Standards for Federal Land Acquisitions 6th Edition, and the terms of this Statement of Work. The appraiser must provide explanation, clarification, and/or modification, for any inadequacies identified by the review appraiser, before AVSO will accept an appraisal report.
8. While the public is not an intended user of the appraisal report, the Freedom of Information Act (FOIA) and Agency policy may result in the release of all or part of the appraisal report to others.
9. If the appraiser encounters any intractable questions of fact, law, or appraisal methodology requiring resolution, the appraiser must contact the Review Appraiser for direction.
SECTION 6: PERFORMANCE / DELIVERABLE REQUIREMENTS
Appraisal Consultation: The appraiser shall provide the Review Appraiser a written or oral analysis of the Highest and Best Use and the Larger Parcel, before developing an opinion of value.
Draft Appraisal Report Due: 60 days after contract award or the earliest available delivery.
Review & Comments Provided: Not later than 30 calendar days after receiving initial appraisal report.
Final Appraisal Due: Not later than 10 calendar days after final draft approval.
Deliverables: Digital report2
SECTION 7: ATTACHMENTS
Attachments for RFP
a) Land Survey
USS_10206_11212022163925.pdf
b) Maps
Esther Staley (Detail).pdf Esther Staley (General).pdf
c) Native Allotment Certificate
NA F-029261 to Agnes L. Pitka.pdf
Attachments After Contract Award
a) Permission to Inspect and Appraise
2023-05-15 Staley, E Perm to Appraise and Inspect.pdf
b) Probate
2021 Probate from H. Pitka to Esther Betty Pitka.tiff
END OF STATEMENT OF WORK
2 Must be digitally signed, prohibiting content changes but allowing content copying.
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 (Nov 2023) 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 (NOV 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.)
__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) https://www.acquisition.gov/
(Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
__ (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (12) [Reserved].
__ (13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
__ (14) 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).
__ (15) [Reserved] _X_ (16)
(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.
__ (17)
(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.
__ (18) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).
__ (19)
(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2023) of 52.219-9.
__ (20)
(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.
__ (21) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
__ (22) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).
_X_ (24)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)(15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (25) 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)).
__ (26) 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)).
__ (27) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (28) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
_X_ (29) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (30) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
_X_ (31) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (32)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (33)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
__ (34)
(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.
__ (35) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
__ (36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (37)
(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).
__ (38) 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.)
__ (39)
(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 offthe-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.)
__ (40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (42)
(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.
__ (43)
(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.
__ (44) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (45)
(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_ (46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (47) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (48) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (49)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (50)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (51)
(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.
__ (52) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (53) 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).
__ (54) 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).
__ (55) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
__ (57) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (58) 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).
__ (59) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (60) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (61) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (62) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (65)
(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.] _X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
_X_ (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (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.
(viii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(ix) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(x) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiii) 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.
(xiv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xv)
(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).
(xvi) 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).
(xvii) 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).
(xviii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xx) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxi)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxii) 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).
(xxiii) 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.
(xxiv) 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.
(xxv) 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) Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or
(d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".
Alternate II (Nov 2023). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(D) 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).
(E) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Eov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(F) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(G) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (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.
(H) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(I) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(J) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(K) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(L) 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.
(M) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(N) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
__ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(O) 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).
(P) 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).
(Q) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).
(R) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(S) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(T)__ (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
__ (2) Alternate I (Jan 2017) of 52.224-3.
(U) 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).
(V) 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.
(W) 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.
(X) 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.
Parent topic: 52.212 [Reserved]
(End of clause)
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.
(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.
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