Sol_140F0522Q0157.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

F05

Hadley MA 01035-9589

SUITE 310

300 WESTGATE CENTER DRIVE

FWS, DIVISION OF CONTRACTING AND GE

0008350424 CODE 16. ADMINISTERED BYCODE

X

X

X

221310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORF05

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/10/2022 1700 PD

08/03/2022

0000000000Chelsea Devivo (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0522Q0157

5. SOLICITATION NUMBER

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

1 3 0040582352OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

LOS BANOS CA 93635

7376 South Wolfsen Rd

FWS SAN LUIS NWR COMPLEX

15. DELIVER TO

Hadley MA 01035-9589

SUITE 310

300 WESTGATE CENTER DRIVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$30.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS, DIVISION OF CONTRACTING AND GE

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.

Request for Quote for Water Testing Services:

Base + 4 Option Years requested.

Water testing compliant with California State and federal regulations for the San Luis NWR Complex to include both public and drinking water.

Period of Performance: 09/01/2022 to 08/31/2023

00010 Water Testing 9/1/22-8/31/23 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Emelia Flaherty

. 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.

Delivery: 08/31/2023

00020 Water Testing Services HQ-OY1 9/1/23-8/31/24

(Option Line Item)

Delivery: 08/31/2024

Period of Performance: 09/01/2023 to 08/31/2024

00030 Water Testing Services HQ-OY 2 9/1/24-8/31/25

(Option Line Item)

Delivery: 08/31/2025

Period of Performance: 09/01/2024 to 08/31/2025

00040 Water Testing Services HQ-OY 3 9/1/25-8/31/26

(Option Line Item)

Delivery: 08/31/2026

Period of Performance: 09/01/2025 to 08/31/2026

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140F0522Q0157

00050 Water Testing Services HQ-OY 4 9/1/26-8/31/27

(Option Line Item)

Delivery: 08/31/2027

Period of Performance: 09/01/2026 to 08/31/2027

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

Sponsored by GSA

FAR (48 CFR) 53.110

Water Testing Services at San Luis NWR, SOLICITATION NO. 140F0522Q0157 Los Banos, CA ‐ 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; quotes are being requested and a separate written solicitation will not be issued.

U.S. Fish and Wildlife Service, Los Banos, CA has a requirement for Water Testing Services located at:

1. San Luis NWR Fire Bunkhouse ‐ 7376 S. Wolfsen Road, Los Banos, CA 93635

2. Blue Goose Fire Cache – 6349 S. Lander Avenue, Los Banos, CA 93635

3. Merced NWR Quarters or Shop – 7430 W. Sandy Mush Road, Merced, CA 95341

4. San Joaquin River NWR Quarters or Shop – 2714 Dairy Road, Vernalis, CA 95385

The anticipated performance period is from 9/1/2022‐8/31/2023]. The performance period includes a one‐year Base period and 4 one‐year option periods (if exercised).

This Request for Quotation (RFQ) is a TOTAL SMALL BUSINESS SET and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal

Acquisition Circular 2022‐06. The NAICS code is 221310 and the small business size standard is $30.00.

Instructions All responsible small business sources may submit a quote, which shall be considered by the agency.

Award will be made as a firm‐fixed‐price contract. The basis of award is the Tradeoff method, where consideration of technical approach and past performance are approximately equal to price. Award will be made to a responsible source pursuant to FAR subpart 9.1. Options will be evaluated in accordance with FAR provision 52.212‐2 – Evaluation ‐‐ Commercial Items.

Technical Acceptability:

Please submit your quotation (showing unit and total price) on company letterhead or the enclosed SF‐

1449 form with SAM.gov UEI code. 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. Please also submit a brief technical approach and list applicable licensure information for the state of California, as well as a reference list for past performance record.

Quotes Due: August 10th, 2022 at 5pm Pacific Time E‐Mail Quote Submission: chelsea_devivo@fws.gov

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

STATEMENT OF WORK

Drinking Water Testing at San Luis NWRC

Prepared by: Tracey Germino, Administrative Officer June 02, 2022

1. GENERAL: The San Luis NWR Complex has several locations requiring National EPA and State compliant testing of the ground drinking water as listed in 561 FW4 Safe Drinking Water Act.

2. SCOPE: Contractor shall conduct monthly, quarterly and annual water testing for drinking water at five locations within a 60 mile radius of the San Luis NWR Complex as listed below to meet USFWS, EPA and State requirements and email all test results to the Technical Coordinator.

Contractor shall complete all State online reporting prior to deadlines.

Laboratory shall be certified EPA approved for these water tests. Will require prior contact to sampling to ensure facility to be tested is open.

3. PLACE/DELIVERY

A. The following public water system tests for the location below.

Monthly – Coliform Test Annually- Nitrate (total)

Nitrite (total) Lead Copper

I. Visitor Center - 7376 S. Wolfsen Road, Los Banos, CA 93635

B. The following drinking water tests for the four (4) locations below.

Quarterly - Coliform Test Annually - Nitrate (total)

Nitrite (total)

I. San Luis NWR Fire Bunkhouse - 7376 S. Wolfsen Road, Los Banos, CA 93635 II. Blue Goose Fire Cache – 6349 S. Lander Avenue, Los Banos, CA 93635

III. Merced NWR Quarters or Shop – 7430 W. Sandy Mush Road, Merced, CA 95341 IV. San Joaquin River NWR Quarters or Shop – 2714 Dairy Road, Vernalis, CA 95385

4. PERIOD OF PERFORMANCE: September 1, 2022 – August 31, 2023

5. AVAILABILITY: Normal duty hours are Monday thru Friday 8:00 a.m. – 4:30 p.m. unless other arrangements are made in advance. In the event of emergencies, the contractor shall provide contact information.

6. TECHNICAL COORDINATOR:

Tracey Germino, Administrative Officer USFWS-San Luis NWRC P.O. Box 2176/7376 S. Wolfsen Road Los Banos, CA 93635

(209) 826-3508 X133 tracey_germino@fws.gov

FISH AND WILDLIFE SERVICE

POLLUTION CONTROL

Pollution Control Part 561 Compliance Requirements

Chapter 4 Safe Drinking Water Act 561 FW 4

03/13/09, as amended 12/15/2011 POLLUTION CONTROL

Supersedes 561 FW 4, 10/02/07

4.1 What is the purpose of this chapter? The purpose of this chapter is to:

A. Ensure Service compliance with the Safe Drinking Water Act (SDWA), and

B. Protect the health and welfare of the public and Service personnel.

4.2 What is the Service’s policy on drinking water? All water that we provide for human consumption must be both safe and protected.

4.3 What is the scope of this chapter? This chapter applies to all Service-owned or -operated water supply systems.

4.4 What are the authorities for this chapter?

A. Safe Drinking Water Act (Public Law 93-523, 88 Stat. 1661, 42 U.S.C. 300f et seq.).

B. National Primary Drinking Water Regulations (40 CFR 141 and 142).

C. National Secondary Drinking Water Regulations (40 CFR 143).

D. Underground Injection Control Program (40 CFR 144 - 148).

E. Sole Source Aquifer Program (40 CFR 149).

F. Wellhead Protection Program (Public Law 99-339, 42 U.S.C. 300h-7).

4.5 What terms do you need to know to understand this chapter?

A. Action Level.

(1) For lead and copper, the action level is the concentration of lead or copper in water that determines how we must treat the water system.

(2) For other contaminants, the action level is a concentration of contaminants in water that triggers an increase in the frequency we must monitor for the contaminants.

B. Approved Municipal Facility. An approved municipal facility is a water treatment facility that has been inspected and approved by a State, local, or other regulatory agency that has jurisdiction.

C. Contaminant. A contaminant is any physical, chemical, biological, or radiological substance or matter in water. The U.S. Environmental Protection Agency (EPA) regulates some contaminants and sets monitoring requirements for Maximum Contaminant Levels (MCL), action levels, and treatment technologies. States and local authorities also have responsibilities for enforcing the SDWA.

D. Disinfection. Disinfection is a process that inactivates pathogenic organisms in water by chemical oxidants or equivalent agents.

E. Filtration. Filtration is a process for removing particulate matter from water by passing the water through porous media.

F. Fluid. A fluid is any material or substance that flows or moves whether in a semisolid, liquid, sludge, gas, or other form or state.

Pollution Control Part 561 Compliance Requirements

Chapter 4 Safe Drinking Water Act 561 FW 4

G. Maximum Contaminant Level (MCL). The MCL is the maximum permissible level of a contaminant in water in a public water supply system.

H. Potable Water. Potable water is water that is fit for humans to drink.

I. Public Water Supply System. For a potable water system to be considered public, it must have at least 15 service connections for human consumption or regularly serve an average of at least 25 people daily at least 60 days out of the year. A public water supply system is either a community water system or a non-community water system. For the purposes of water quality monitoring, all Service potable water sources, regardless of size or frequency of use, must meet the monitoring requirements in Table 4.1.

(1) A Community Water System:

(a) Serves at least 15 service connections used by year-round residents, or

(b) Regularly serves at least 25 year-round residents.

(2) A Non-community Water System has fewer than 15 service connections.

J. Sanitary Survey. A sanitary survey is a comprehensive onsite review of the water source, facilities, equipment, operations, and maintenance of a public water supply system to evaluate the capabilities for producing and distributing safe drinking water.

K. Regulated Contaminant. Regulated contaminants are chemicals for which EPA has set enforceable monitoring requirements and that have MCLs, action levels, or treatment technologies associated with the monitoring requirements.

L. Regulatory Agency. The regulatory agency is EPA, the State, or local authority responsible for enforcing the SDWA.

M. Well. A well is a bored, drilled, driven, or dug hole, with a depth greater than the largest surface dimension.

N. Well Injection. Well injection is placing fluids through a bored, drilled, driven, or dug well.

4.6 Who is responsible for ensuring safe drinking water at Service-owned and operated facilities?

A. The Assistant Director – Business Management and Operations ensures there are resources to implement the SDWA program.

B. The Chief, Division of Engineering leads and coordinates the SDWA compliance program.

Responsibilities include, but are not limited to:

(1) Providing guidance, assistance, and training to the Regions to help them comply with this chapter.

(2) Tracking progress on compliance schedules.

(3) In conjunction with the Regional Engineer and the Regional Environmental Compliance Coordinator, anticipating and evaluating the effect of new and proposed regulations on existing supply systems and determining funding necessary to keep existing systems in compliance.

Pollution Control Part 561 Compliance Requirements

Chapter 4 Safe Drinking Water Act 561 FW 4

(4) Providing information to Service facility managers about the public health aspects and compliance requirements of Federal legislative or administrative actions that affect the drinking water program.

C. Regional Directors ensure there are resources to implement the SDWA program.

D. Regional Engineers and Regional Environmental Compliance Coordinators are responsible for the coordination and effectiveness of the SDWA compliance program within their Region. Depending on the Region, the Regional Engineer may be the same person as the Regional Environmental Compliance Coordinator. Regional Engineers and Regional Environmental Compliance Coordinators must:

(1) Develop and maintain an inventory of public and non-public water supply systems in their Region.

(2) Assist facility managers and project leaders to determine the monitoring, reporting, recordkeeping, filtration, disinfection, and treatment requirements appropriate for water supply systems on a Service facility.

(3) Track variances and exemptions that the regulatory agencies grant to Service water supply systems.

(4) Track monitoring results of all Service water supply systems based on facility records.

(5) Notify the Division of Engineering when a water supply system is in violation of requirements.

(6) Before design begins on new or modified drinking water supply and treatment facilities, review and approve project criteria and engineering reports.

(7) Ensure that regulatory agencies review and approve all new or modified work on a public water supply system, when required.

(8) Assist facility managers in arranging for required sanitary surveys.

(9) Assist facility managers in bringing water supply systems back into compliance when they are noncompliant or not meeting Service policy.

(10) Provide information to all Service facility managers about the public health aspects and compliance requirements of State legislative or administrative actions that affect the drinking water program within the affected State.

(11) Advise the Regional Directors of new and proposed regulations applicable to existing water supply systems and the funding necessary to keep existing systems in compliance.

(12) Prepare or recommend to other Programs (e.g., the National Wildlife Refuge System and National Fish Hatcheries, etc.) Regional budget requests for activities related to complying with this chapter.

E. Facility Managers/Project Leaders must:

(1) Maintain contact and coordinate with the local regulatory agency.

(2) Ensure that the water supply system has required permits.

Pollution Control Part 561 Compliance Requirements

Chapter 4 Safe Drinking Water Act 561 FW 4

(3) Ensure their staff operate and monitor the facility according to Service policy and permit requirements, and that they submit all required reports on time.

(4) Notify appropriate authorities, the Regional Engineer, and the Regional Environmental Compliance Coordinator when the water supply system is not in compliance with standards.

(5) Retain records for the water supply system as long as Federal and State regulations require.

(6) Prepare and submit all required reports (see section 4.14B)

(7) Ensure that system operators receive proper training and, if required, get licenses or certifications from the State (also see Table 4-2A).

(8) Ensure that all newly constructed potable water supply systems (see section 4.9) meet the following requirements:

(a) Their construction budget has sufficient funds to test for regulated contaminants, and

(b) The systems are thoroughly flushed, disinfected, and tested for regulated contaminants and that the system is approved, as appropriate, for use before being placed in service.

(9) Ensure that current records are available for newly acquired wells or, if such records are not available, newly acquired systems are thoroughly flushed, disinfected, and tested for regulated contaminants.

(10) Ensure that a newly acquired system is approved for use before being placed in service.

(11) Ensure that all repaired or reconstructed potable water supply systems are thoroughly flushed, disinfected, and tested for coliform before being placed in service.

(12) Ensure that required sanitary surveys are conducted (see section 4.10).

(13) Request sufficient funds in the facility’s budget request to comply with the standards in this chapter.

(14) Send a copy of any test results within 30 days of receipt to the Regional Engineer or Regional Environmental Compliance Coordinator.

4.7 What are the general provisions of the Safe Drinking Water Act (SDWA)?

A. Federal Compliance. The SDWA requires Federal agencies that operate public water supply systems to comply with applicable Federal, State, and local requirements.

B. National Standards.

(1) EPA establishes national drinking water standards that:

(a) Set MCLs or action levels for various substances allowed in drinking water, and

(b) Establish requirements for specific water treatment practices for contaminants that are difficult or costly to measure.

Pollution Control Part 561 Compliance Requirements

Chapter 4 Safe Drinking Water Act 561 FW 4

(2) Most States and territories have primary responsibility to enforce compliance with national drinking water standards and sampling, monitoring, and notice requirements. States that have primacy may establish drinking water regulations, monitoring schedules, and reporting requirements more stringent than, or in addition to, those in the EPA regulations.

4.8 What are the requirements for monitoring sources of potable water?

A. EPA regulations require that we monitor our public water supply systems for specific contaminants, depending on the number of people served by the system, the source of the water supply, and likely contaminants. We must develop and follow a written sampling plan that is approved by the State regulatory agency.

B. For all our water supply systems, regardless of the size of the system and the frequency or duration of use, facilities must, at a minimum, monitor and analyze each water supply system for the contaminants shown in Table 4-1. For the analysis, facilities must use a certified laboratory that either EPA or the State regulatory agency has approved. Ask your Regional Environmental Compliance Coordinator for assistance to determine whether additional monitoring is necessary.

Table 4-1: Minimum Monitoring Requirements for Contaminants Frequency of

Monitoring Contaminants

Weekly Coliform (total) when using surface water that is unfiltered and not disinfected

Quarterly Coliform (total) when using ground water or filtered and disinfected surface water

Annually

Nitrate (total) Nitrite (total)

4.9 What are the requirements for newly constructed and acquired potable water supply systems? Whenever we construct a new potable water supply system or acquire a system for which we do not have current records, we must test for the contaminants in Table 4-1 and the primary and secondary contaminants found in 40 CFR 141 – 143. You can obtain the list of currently regulated contaminants, along with their MCLs or action levels, from the Regional Environmental Compliance Coordinator.

4.10 How often does a public water supply system need a sanitary survey? Unless we collect five or more routine samples per month from a public water supply system, it must undergo periodic sanitary surveys. The State or an agent approved by the State conducts sanitary surveys. The facility manager is responsible for ensuring the surveys take place.

A. Community public water supply systems must have a sanitary survey every 5 years.

B. Non-community public water supply systems must have a survey every 5 years, or every 10 years if it uses protected and disinfected ground water, as defined by the State.

C. The State reviews the results of each sanitary survey to determine if the existing monitoring frequency is adequate and what additional measures, if any, we may need to take to meet applicable standards.

Pollution Control Part 561 Compliance Requirements

Chapter 4 Safe Drinking Water Act 561 FW 4

D. If a sanitary survey of a system is conducted in a State having an approved wellhead protection program under section 1428 of SDWA, data from samples collected when the wellhead protection area was established may be used in lieu of a new survey if:

(1) The survey would have been conducted within the delineated wellhead area, and

(2) The data for establishing the wellhead protection area was collected since the system last had a sanitary survey.

4.11 What are the requirements for filtration, disinfection, and corrosion control?

A. Filtration. We must filter water in all public water supply systems that use surface water or ground water under the influence of surface water unless we meet the criteria listed in 40 CFR 141.71. Ask your Regional Environmental Compliance Coordinator for assistance to determine if your facility needs to perform filtration.

B. Disinfection. We must disinfect water in all public water supply systems that use surface water or ground water under the influence of surface water. The system operator must disinfect the water in all other ground water systems unless we meet the criteria listed in 40 CFR 141.72. Ask your Regional Environmental Compliance Coordinator for assistance to determine if your facility needs to perform disinfection.

C. Corrosion control. We must monitor all public water supply systems for lead and copper tap levels and other water quality parameters specified in 40 CFR 141.80 through 141.82 based on the size of the system. If the system exceeds MCLs, the system operator must treat the system for corrosion control.

Ask your Regional Environmental Compliance Coordinator for assistance to determine if your facility needs to perform corrosion control.

4.12 What happens if a Service-owned or operated potable water source does not meet the standards?

A. If the concentration of any contaminant exceeds the MCL or action level, the facility manager or project leader must immediately make the water unavailable for human consumption and notify the Regional Environmental Compliance Coordinator. If the potable water source is a regulated public supply system, the facility manager or project leader must also notify the appropriate regulatory agency.

B. The facility manager or project leader must treat the water source, as appropriate, to achieve compliance.

4.13 What other requirements and programs did the SDWA establish that are applicable to Service-owned or operated public water supply systems? Table 4-2 below summarizes other SDWA-established programs and requirements:

Pollution Control Part 561 Compliance Requirements

Chapter 4 Safe Drinking Water Act 561 FW 4

Table 4-2: Other SDWA Requirements Title Background Requirement(s) A. System Operators Regulating States determine the qualifications for system operators for water systems using surface water or ground water under the direct influence of surface water.

States may require that operators hold specific licenses or certifications.

B. Use of Lead Material 1986 amendments to SDWA address use of lead material.

We must not use lead solders, fluxes, and pipes when installing or repairing potable water supply systems.

We must provide a one-time public notification to all users explaining the potential lead contamination sources and reasonably available methods we may use to mitigate lead contamination.

C. Sole Source Aquifers For areas that EPA determines have an aquifer that is the sole or principle drinking water source for the area and that, if contaminated, would create a significant hazard to public health.

We must not issue a grant or contract, provide a loan guarantee, or enter into any agreement for a project that EPA determines may cause contamination to the sole source aquifer through a recharge zone.

D. Underground Injection Control (UIC) Program

Regulates the underground injection of any fluid in a well.

Includes any septic tank, cesspool, or other well used by a multiple dwelling, community, or regional system for the injection of waste.

Excludes individual or single family residential waste disposal systems such as domestic cesspools or septic systems; and, nonresidential cesspools, septic systems, or similar waste disposal systems if they are used solely for the disposal of sanitary waste, and they have the capacity to serve fewer than 20 people a day.

We must not inject any fluid in a well that allows the movement of fluid containing a contaminant into underground sources of drinking water if the contaminant would adversely affect human health.

Pollution Control Part 561 Compliance Requirements

Chapter 4 Safe Drinking Water Act 561 FW 4

Table 4-2: Other SDWA Requirements Title Background Requirement(s) E. Wellhead Protection Program

States develop and implement wellhead protection programs.

States define the surface and subsurface area surrounding a well or wellfield through which contaminants are likely to move.

Possible causes of contamination include:

agricultural practices, leaking underground storage tanks, faulty septic systems, underground pipelines, hazardous and non-hazardous landfills, underground injection wells, road de-icing, oil and gas exploration, salt water intrusion, and feedlot waste disposal.

After States identify wellhead areas, control measures may be adopted, public educational programs established, and technical assistance to protect the areas may be provided.

Control measures may include land-use restrictions or controls on the use of fertilizers and pesticides.

We must comply with the regulatory State’s program and pay charges and fees just as any private entity would.

We must develop a contingency plan for providing an alternative source of drinking water.

4.14 What are the recordkeeping and reporting requirements for Service-owned or operated public water supply systems?

A. Recordkeeping.

(1) Recordkeeping at the Facility Level: The facility manager or project leader must keep the following at least for as long as specified in the regulations governing the facility:

(a) Laboratory results,

(b) Name of person who collected the samples,

(c) Dates and locations of sampling points,

(d) Steps taken to correct problems,

(e) Sanitary survey reports, and

Pollution Control Part 561 Compliance Requirements

Chapter 4 Safe Drinking Water Act 561 FW 4

(f) Any other required information.

(2) Recordkeeping at the Regional Level: At a minimum, the Regional Engineer or Regional Environmental Compliance Coordinator must maintain a technical file that contains the following information:

(a) The current list of contaminants to test for and the MCL or action level for each contaminant;

(b) Guidance on the proper selection of sampling locations;

(c) A list of laboratories certified by each State;

(d) The requirements for reporting sample results, MCL violations, and/or failure to monitor;

(e) The requirements for notifying the public about any violation of drinking water regulations;

(f) The length of time we must retain the various types of reports, lab results, and records;

(g) Information on the special, one-time notification for lead (see Table 4-2B);

(h) Guidance on the lead use ban;

(i) The requirements for using licensed operators;

(j) Guidance on techniques and procedures for disinfection;

(k) Information on the requirements of each of the other programs (i.e., wellhead protection program, sole source aquifer program, and the underground injection control program) the SDWA established (see Table 4-2); and

(l) Instructions on what to do when a water system cannot be used for human consumption because it does not meet standards.

B. Reporting. Reporting requirements vary depending on the regulatory agency. The information we typically must report includes, but is not limited to:

(1) Sample results: We must send test results for all required sampling to the regulatory agency.

(2) MCL violations: We must notify the regulatory agency any time sample results indicate noncompliance with primary drinking water standards.

(3) Failure to monitor: Any time we fail to comply with sampling or monitoring requirements, we must notify the regulatory agency. Regulatory agencies consider an invalid sample result a failure to monitor.

C. Public Notification. We must report noncompliance conditions to all people served by the public water system. Federal, State, or local regulations prescribe the timing and means for all notifications.

Pollution Control Part 561 Compliance Requirements

Chapter 4 Safe Drinking Water Act 561 FW 4

4.15 What other regulations pertain to the Safe Drinking Water Act?

A. Occupational Safety and Health Act: There are Occupational Safety and Health Administration regulations pertaining to the use of the chemicals for most of the disinfection procedures for drinking water.

B, Federal and State Regulations for Waste Management: Most treatment processes concentrate contaminants into a residual stream (brine or sludge) that requires proper management. We must follow applicable Federal and State regulations covering the management of such wastes.

/sgd/ Paul R. Schmidt

ACTING DEPUTY DIRECTOR

Date: March 13, 2009

Water Testing Services for San Luis NWR, Los Banos, CA ‐ FWS

SOLICITATION NO. 140F0522Q0157

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 Products and Commercial Sercives (May 2022)

(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 (June 2020), with Alternate I (Oct 1995) (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. 6101note).

☐ (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Sep 2021) (15 U.S.C.657a).

☐ (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) 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)

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (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) (15 U.S.C. 637(a)(17)).

☐ (27) 52.222‐3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Jan 2022)

(DEVIATION JUL 2020) (E.O.13126).

☐ (29) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222‐26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222‐26.

☐ (31) (i) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222‐35.

☒ (32) (i) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222‐36.

☐ (33) 52.222‐37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (34) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (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. chapter78 and E.O. 13627).

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

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

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

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

☐ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223‐13.

☐ (41) (i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223‐14.

☐ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (43) (i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223‐16.

☒ (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 (Jun 2016) (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) (DEVIATION JUL 2020) (41 U.S.C. chapter 83, 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), 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 (May 2014) of 52.225‐3.

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225‐3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225‐3.

☐ (50) 52.225‐5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (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. 2302 Note).

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

☐ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (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)).

☒ (58) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

☐ (60) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

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

☐ (ii) Alternate I (Apr 2003) of 52.247‐64.

☐ (iii) Alternate II (Nov 2021) of 52.247‐64.

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

Contracting Officer check as appropriate.]

☒ (1) 52.222‐41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (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).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

☒ (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) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

☒ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

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

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

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

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

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

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509).

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

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

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

(v) 52.219‐8, Utilization of Small Business Concerns (OCT 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

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

(xi) 52.222‐40,…