Sol_140F0522Q0059.pdf

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OFFEROR

F05

Hadley MA 01035-9589

SUITE 310

300 WESTGATE CENTER DRIVE

FWS, DIVISION OF CONTRACTING AND GE

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10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/17/2022 1700 ES

02/23/2022

0000000000Emelia Flaherty (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0522Q0059

5. SOLICITATION NUMBER

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

1 21 0040565605OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Merced CA 95341 7430 West Sandy Mush Rd

FWS MERCED NATIONAL WILDLIFE REFUGE

15. DELIVER TO

Hadley MA 01035-9589

SUITE 310

300 WESTGATE CENTER DRIVE

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

POLLINATOR GARDEN - See Statement of Work (SOW) for details.

Period of Performance: 05/01/2022 to 04/30/2024

00010 Design, Plan, and Revegetate approximately 2 acres

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

HEREIN, IS ACCEPTED AS TO ITEMS:

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21 2 of

Pollinator Habitat SOLICITATION NO. 140F0522Q0059

FWS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

U.S. Fish and Wildlife Service, Merced, CA has a requirement for Pollination of Native Habitat located at the Merced National Wildlife Refuge. The anticipated performance period is from May 1, 2022 through April 30, 2024.

This Request for Quotation (RFQ) is for Full and Open competition and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2022-04. The NAICS code is 115112 and the small business size standard is $8,000,000.

Instructions All responsible business sources may submit a proposal, which shall be considered by the agency. Award will be made as a firm-fixed-price contract. The basis of award is the Lowest Price Technically Acceptable (LPTA), see technical acceptability requirement below. The vendor that submits the lowest evaluated priced proposal, meeting the technical acceptability requirement, will be awarded the contract.

Award will be made to a responsible source pursuant to FAR subpart 9.1.

Technical Acceptability:

1) The contractor must submit a proposal that meets all requirements of the Statement of Work

2) The contractor shall provide the “Pollinator Friendly Solar Scorecard” as part of the submittal process.

The Government will provide a score to each proposal based on the proposal’s Pollinator Friendly Solar Scorecard assessment form. This score will constitute 10% of the overall evaluated price (see Statement of Work: 2. SCOPE).

Please submit your quotation (showing unit and total price) on company letterhead or the enclosed SF- 1449 form with DUNS No. and point of contact phone number and e-mail address. Additionally, if your company holds a GSA contract that would apply to this requirement, please provide the contract number.

Refer to FAR provision 52.212-1 Instructions to Offerors – Commercial Items for additional submission guidance, and include a copy of FAR provision 52.212-3 Offeror Representations and Certifications -- Commercial Items with applicable sections completed.

Solicitation Questions Due: March 9, 2022 @1700 ET to emelia_flaherty@fws.gov Proposals Due: March, 17 2022 @1700 ET E-Mail Proposal Submission: emelia_flaherty@fws.gov

In order to have a proposal considered for award, respondent must be registered at the System for Award Management (SAM) website (https://www.sam.gov) as an active vendor by the time an award decision is necessary.

1 https://2lwej44565rn2mmjlk31pmwq-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Pollinator-scorecard.pdf

Statement of Work (SOW) Native Pollinator Habitat at San Luis National Wildlife Refuge Complex (SLNWRC)

1. GENERAL

The U.S. Fish and Wildlife Service is in the process of installing two photovoltaic (PV) array systems on the Merced National Wildlife Refuge (MNWR) Sno-Bird Unit and Maintenance Shop Compound (Shop) in Merced, CA. Each site has deep well pumps used for management at the refuge, and the PV systems will be designed to achieve net-zero electricity operation at those sites. This capacity would require an approximately

0.75 acre footprint at the Shop and 1.25 acre footprint at the northeastern corner of the Sno-Bird Unit.

In order to further the mission of the refuge to provide quality native habitat and enhance biodiversity, the refuge aims to revegetate the footprint of the proposed PV arrays with native pollinator habitat. This will preclude invasive weeds, which are a perpetual and considerable problem in this area – especially in disturbed soils, such as will be created by this PV system construction. Preliminary evidence suggests that planting native habitat around solar arrays can cool the ground, stabilize the soil, improve soil filtration, and increase the efficiency of the panels. Plantings around solar arrays provides safe harbor for pollinators and forage for migrating butterflies and birds.

This SOW outlines the tasks and requirements for submitting a proposal for the refuge to contract for the completion of the design, planning, and installation of native pollinator habitat.

2. SCOPE

The U.S. Fish and Wildlife Service is seeking a Contractor to design, plan, and revegetate approximately 2 acres of land with native pollinator habitat on two sites located at the Merced NWR Sno-Bird Unit, located 0.75 mile west of CA-140 & Lincoln Blvd., Livingston, CA 95334, then south two miles on Snobird Lane; and Merced NWR Shop Compound, 7501 W. Sandy Mush Road, Merced, CA 95341.

The Contractor shall implement "Pollinator Friendly Ground Cover" as the principal ground cover in and around the ground-mounted PV array field at the restoration sites.

Pollinator Friendly Ground Cover, herein, shall mean a diverse mix of nectar bearing plants and native grasses that provide meaningful nutritional benefit to pollinator species within the context of the managed landscape of a solar PV system; and which are known to survive with the soils, climate, and other existing conditions relevant to plant survival at these sites. The focus will be on flowering plants with high quality nectar and pollen resources, which can providing foraging habitat to pollinating insects and hummingbirds.

In general, plant species native to the area and appropriate to the site conditions and natural communities present at and adjacent to the site will be used; invasive plant species must be avoided under all circumstances. Practicality dictates that within the https://2lwej44565rn2mmjlk31pmwq-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Pollinator-scorecard.pdf

Pollinator Habitat San Luis NWR Complex array footprint, it will be important to select relatively low-growing species which are at least somewhat shade-tolerant, but more flexibility is possible regarding selection of species to be planted in the array perimeter. Widening the spacing of the PV panels to reduce shading can be discussed with the PV construction contractor and the USFWS representative. The plant mix should include a high diversity of species with variation in bloom times and pollinating species (e.g. bees, beetles, butterflies, flies, hummingbirds).

Butterfly host plants and plant species which provide nectar and pollen resources to specialist bees should also be included. Specifically:

• Bloom Period – A range of flowering species are to be selected to provide pollen and nectar resources for the entire growing season. Ideally, this would include at least three plant species that flower within each of two to four different bloom periods.

• Planting for Specialist Bees -- Including plants that provide nectar or pollen for specialist bees helps to promote bee diversity. Xerces Society reports may provide guidance on recommended plant species targeted toward specialist bees.

• Butterflies and Moths – Inclusion of host plants for butterflies and moths is essential, particularly those limited to a few species or genera. At least 2% of the seed used will be milkweed species, in order to support monarch butterfly reproduction. The seed and plants used will include species that support specialist bees or serve as host plants for rare or uncommon native butterflies and moths, including Monarch butterflies.

The Contractor shall provide the “Pollinator Friendly Solar Scorecard” as part of the submittal process. The Government will provide a score to each proposal based on the proposal’s Pollinator Friendly Solar Scorecard assessment form, noting the Offeror’s plan and commitment to supporting the pollinator-friendly habitats. The score will constitute 10% of the overall evaluated value of each proposal. Once the bid has been accepted by the government, the Contractor will discuss with Refuge staff which native plants are most suitable for the climate, substrate, shading by the panels, and height relative to placement around the PV panels. Seed mixtures will include at a minimum of 12 different native species with 80% being grasses, native wildflowers, and ground cover plants and the remaining being flowering shrubs as appropriate. A preliminary list of desired species is shown in Table 1. This is only a preliminary list and is not all-inclusive of potential species. The final selection of species will be confirmed after discussion between the Contractor and Refuge staff. Selected plant species compositions should be native varieties, drought tolerant, shade or partial shade tolerant, and should be comprised of a minimum of three species from each blooming season (Spring, Summer, Fall, and Winter).

Objectives

• Advise SLNWRC staff about which native pollinator plants are most suited for the soil and climate in the project area.

• Provide all native plant material and seed mixes specifically selected for the habitat objectives and environmental conditions of the site.

• Complete all on site seeding and revegetation work in coordination with refuge staff at the correct season to ensure project success.

• Advise SLNWRC staff on best management practices for continued site maintenance.

Table 1. Potential species list of native pollinator plants for SLNWRC restoration to be provided by Contractor.

Scientific Name Common Name Achillea millefolium Common Yarrow Asclepias fascicularis Narrowleaf Milkweed Amsinckia menziesii Small Flowered Fiddleneck Atriplex lentiformis Big Saltbush Baccharis pilularis Coyotebrush Calandria menziesii Red Maids Cercis occidentalis Western Redbud Clarkia unguiculata Elegant Clarkia Clarkia williamsonii Fort Miller Clarkia Epilobium canum California fuchsia Eriophyllum lanatum Common Woolly Sunflower Eschscholzia californica California Poppy Grindelia camporum Gumplant Helianthus annuus Common Sunflower Helianthus bolanderi Bolander’s Sunflower Layia platyglossa Common Tidytips Lupinus albifrons Silver Bush Lupine Lupinus bicolor Miniature Lupine Lupinus densiflorus var. densiforus Golden Lupine Lupinus formosus Summer Lupine Lupinus succulentus Arroyo Lupine Monadella villosa Coyote Mint Phacelia imbricate Imbricate Phacelia Phacelia ciliata Great Valley Phacelia Phacelia tanacetifolia Lacy Phacelia Plantago erecta Dotseed Plantain Frangula californica California Buckthorn Trischostema lanceolatum Vinegarweed

The bottom edge of the tilted PV panels will be approximately two feet off the ground. It is important that vegetation height does not interfere with the performance of the panels, either blocking solar gain, interfering with mechanisms, or dirtying the panels. Plants near the low edge of the PV panels must be no taller than two feet maximum (with no pruning required). The plants highlighted in yellow in Table 1 grow much taller than two feet tall. These species must be used very judiciously – if at all – and only where they do not compromise the function of the panels, such as on the outer periphery of the planting site. These species may be planted under the high edge of the tilted panels, as long as they do not grow tall enough to touch the panel.

Description of the Restoration Site The proposed pollinator habitat sites will be located within the proposed footprint of the two photovoltaic (PV) array systems on the Merced National Wildlife Refuge (MNWR) Sno-Bird Unit and Maintenance Shop Compound (Shop) in Merced, CA (Figures 2.1 and 2.2). Restoration will take place after the PV systems have been installed at the sites. All soil preparation (disking) will be performed prior to restoration activities by refuge staff.

Soils analysis will be performed by the Contractor prior to restoration activities and information will be shared with refuge staff during the initial consultation. In general, soils at the Snobird site are RmA / Rossi clay, moderately saline-alkali, 0 to 1 percent slopes; and soils at the Shop site are PbA / Pachappa fine sandy loam, slightly saline-alkali, 0 to 1 percent slopes. Site visits from the Contractor during the initial consultation and planning stages must be coordinated with staff on site. All other equipment, materials, and labor will be supplied by the Contractor.

Figure 1. Map below shows the proposed PV array location on the Sno-Bird site. The footprint area of the array is approximate but expected to be about 1.25 acres.

Figure 2. Map below shows the proposed array location on the Merced Shop Compound site. The footprint area of the array is approximate but is expected to be about 0.75 acres.

Minimum Requirements

• By the end of the contract period, the proposed site vegetation cover will be substantial (minimum of 30% relative cover) by native pollinator-friendly wildflowers, grasses, and shrubs.

• Seed will be applied at a density of at least 50 live seeds per square foot.

• Seed mixes will contain 12 or more species of native plants. The seeds and plants used will be of known genetic origin whose original wildland source locations are from within 175 miles when possible.

• The Contractor’s facility must have established “Best Management Practices” for ensuring that native seed mixes or plants provided to the refuge are not contaminated with potential non-native or invasive species.

• The contract period will include two winter seasons to assure robust germination and growth. If after one growth cycle the germination and survival rates are inadequate to meet the 30% native plant relative cover target, the Contractor will prep, re-seed, re-irrigate, and provide weed control for a second growth period.

• Temporary irrigation systems will be installed and removed by the Contractor.

Water sources are available within 200 yards of the planting sites. At the Snobird site this consists of a high-volume deep well, and at the Shop site it consists of faucets in or near the Shop. Irrigation system materials will be removed within two months after the final irrigation.

o Contractor will determine best field prep, planting, irrigation, and weeding seasons and timing.

o Natural rains will be supplemented by irrigation as needed to create robust germination and growth.

o Contractor will continue irrigation of the sites for two full seasons or as long as necessary to establish 30% relative native cover once irrigation ceases.

• A potential Contractor shall supply at least two references from prior customers where they provided similar services.

3. TASKS

Task 1. Initial Consultation and Evaluation. (Base Task) Within 30 days of the initiation of this contract, the Contractor shall consult with San Luis NWRC staff to determine the onsite conditions and restoration requirements. Soils tests may be advisable. The Contractor shall conduct a site visit and inspect the substrate of the restoration areas to determine which plant species are most practical for seeding and out planting. The Contractor will then consult with refuge staff as to which and what ratio of each native species will be used on site to develop final recommendations. The Contractor will use this information to develop a restoration design and plan for the refuge within 90 days of contract initiation.

Key Deliverables:

1. The Contractor shall provide a written narrative that describes the vegetation design and management plan for the site, including: landscape drawings;

complete seed/plant listings; a site preparation and establishment plan; soil analysis description; and a completed Pollinator-Friendly Solar Scorecard demonstrating the site achieves a score of “meets standard” or above. The Contractor shall use reasonable efforts to provide such narrative to the Government no later than the PV construction commencement date or within 90 days of award.

Task 2. Plant Materials, Site Preparation, and Pollinator Habitat Restoration.

(Base Task) Upon approval of the restoration design by the Refuge, the Contractor shall obtain suitable plant material (i.e. seeds or seedlings), to be available and in condition ready for planting during the next growing season. Upon completion of the PV installation, the contractor will coordinate a restoration start date with the Refuge to correspond to the best time for plant establishment (Fall or Winter of 2022-3). The contractor will be expected to complete all plantings and restoration activities within 90 days of the commencement of restoration work.

Key Deliverables:

1. Contractor shall restore all areas disturbed by the Contractor, which include but are not limited to temporary parking, temporary roadways and temporary storage locations that may have been disturbed during construction with the enhanced perennial vegetation. Designing inter-row access/spacing to enable vegetation management or PV maintenance must be incorporated in the final restoration.

2. The Contractor shall provide a written narrative that describes recommendations for vegetation management at the site, such as mowing, weed control, utilizing Drift Watch1 or similar registration to prevent site from inadvertently being sprayed with harmful pesticides and herbicides, and conservation of functioning habitat on or adjacent to the site.

1 https://driftwatch.org/about https://driftwatch.org/about

Task 3. Irrigation Design and Installation The Contractor shall provide a written design for an irrigation system to be installed on the site. The system should be developed with consultation with the Refuge staff. Key elements should provide for easy maintenance of the system, ensure the system does not interfere with access or maintenance of the PV system and future vegetation management, or other Refuge operations. Final designs should be submitted to Refuge staff for final approval. Upon final approval, the Contractor will procure all necessary materials and will install the system concurrently with the restoration planting described in Task 2.

Key Deliverables:

1. The Contractor shall provide a written narrative that describes the irrigation design and management plan for the site, including: landscape drawings; all plumbing, electrical, and pump requirements; and a site preparation and establishment plan within 90 days of contract initiation.

2. Contractor shall complete all irrigation installation concurrently with restoration activities described in Task 2. All materials, equipment, and site preparation is the responsibility of the contractor. Irrigation system materials will be removed within two months after the final irrigation.

4.0 GOVERNMENT-FURNISHED MATERIALS

4.1 The government will supply water sources for the irrigation systems. At both sites (Sno-Bird and Shop), the water source is approximately 750 feet from the area to be planted. The Contractor is responsible for connecting the water sources to the irrigation systems. There will be no other supply of any property, material, or equipment by the government to the Contractor.

4.2 The Service will provide access to all existing drawings, reports, existing analysis, and access to expert opinion for the development of designs and management plan.

Security N/A

Travel N/A

5.0 INSPECTION AND ACCEPTANCE

5.1 Inspection and acceptance will be determined by the USFWS. Refer to Paragraph (a) of FAR Clause 52.212-4 for additional information.

5.2 The Work is subject to observation and inspection by the USFWS and other authorities with jurisdiction.

5.3 Tasks have deliverables assigned to them where indicated. The USFWS shall be provided a minimum 14 Day Review Period for deliverables. The Contractor’s responses to USFWS Review Notes shall be closed out with agreed upon revisions to the deliverables. Services shall be performed in accordance with this Statement of Work (SOW) and the Contract Documents. Services shall be accepted when the Work Items submitted meet USFWS requirements.

6.0 CLOSEOUT DOCUMENTS

6.1 Submit any requested regulatory-agency clearance documents indicating the work complies with their requirements.

6.2 After completion of the work and prior to final payment, submit a Release of Claims

(Form DI-137 provided by the Contracting Officer), properly executed by the Contractor, releasing claims against the United States arising out of this contract, other than claims specifically excepted from the operation of the release.

7.0 INVOICE AND PAYMENT

7.1 The contractor shall not invoice between September 20th and October 20th, due to the seasonal financial system closure.

7.2 Monthly progress payments shall be invoiced and submitted in accordance with

Clause 52.232-5. Invoices shall reflect the actual work performed at the time of submission. Prior to submitting invoices, they shall be sent to the COR for review and approval / disapproval.

7.3 Final payment shall be invoiced and submitted in accordance with Clause 52.232-5.

Prior to submitting the final invoice, the Contractor shall have submitted all closeout submittals. In addition, the Contractor shall have been provided an approval by the USFWS stating all deficiencies have been corrected.

8.0 PROJECT LOCATION AND AVAILABILITY

8.1 The Project is located on the Merced National Wildlife Refuge located at:

Merced NWR Snobird Unit, located on CA-140 at 0.75 mile west of CA-140 &

Lincoln Blvd., Livingston, CA 95334; thence south two miles on Snobird Lane;

and

Merced NWR Shop Compound, 7501 W. Sandy Mush Road, Merced, CA 95341.

8.2 Government is available Monday thru Friday from 7:00 AM to 4:00 PM (Pacific

Daylight Time), excluding Federal Holidays. Availability outside those dates / hours shall be coordinated with the Refuge at least two business days in advance.

8.3 Work shall be performed during work hours agreed to by the Refuge and the Contractor; generally agreed to be all daylight hours, seven days per week.

Period of Performance The period of performance will be from May 1, 2022 through April 30, 2024.

Pollinator Habitat

SOLICITATION NO. 140F0522Q0059

ADDITIONAL CONTRACT REQUIREMENTS (PROVISIONS AND CLAUSES)

FAR Provisions by Reference

52.204-7 – System for Award Management (Oct 2018) 52.204-16 – Commercial and Government Entity Code Reporting (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

FAR Provisions – Full Text

52.217-4 -- Evaluation of Options Exercised at Time of Contract Award (Jun 1988)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

(End of Provision)

52.217-5 -- Evaluation of Options (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

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

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/

(End of provision)

FAR Clauses by Reference

52.204-13 – System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212-4 Contract Terms and Conditions – Commercial Items (Nov 2021) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

FAR Clauses – Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Nov 2021)

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial 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. 2402).

__ (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.)

_X_ (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).

_X_ (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 (SEP 2021) ( 15 U.S.C. 657a).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer ) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (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 2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) ( 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 (SEP 2021) ( 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 (SEP 2021) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) ( 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 (SEP 2021) ( 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 (SEP 2021) ( 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)).

https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 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.

_X_ (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 (NOV 2021) . (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.

https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_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) 52.225-1, Buy American-Supplies (NOV 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4 001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (OCT 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 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. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_225_26 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_226_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_226_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_232_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

_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.]

_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).

_X_ (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).

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

_X_ (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.

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