Sol_140FS124Q0154.pdf
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- HI-OAHU NWR COMPLX-IMAGERY AND IDENTIFIC
- Solicitation number
- 140FS124Q0154
About this file
This document is a Request for Quotation (RFQ) for a Firm-Fixed Price Contract to provide imagery and identification of native and invasive plant species in the Oahu National Wildlife Refuge Complex (OFNWR) following a wildfire. The primary objectives are to track vegetation recovery and map invasive species encroachment to inform management actions for protecting threatened and endangered species and their habitats.
The contractor will provide high-resolution aerial imagery and analysis over 5 consecutive years, with up to 13 data collection efforts, to monitor the post-fire recovery of the 1,681 acre burned area. The work is a total small business set-aside, with the NAICS code 541360 (Commercial Photography). Quotes are due by September 5, 2024 and the contract will have a base year and four option years. Pricing is to be submitted on a Firm-Fixed Price basis. The government intends to award to the responsible small business source providing the lowest price determined fair and reasonable.
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
0008349180 CODE 16. ADMINISTERED BYCODE
X
X
X
541360
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORFS1
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
09/05/2024 1700 ED
08/22/2024
0000000000Oscar Orozco (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140FS124Q0154
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 4 0040672210OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
KAHUKU HI 96731
56-795 KAMEHAMEHA HIGHWAY
FWS OAHU NWR COMPLX
15. DELIVER TO
Falls Church VA 22041 5275 Leesburg Pike FWS, SAT Team 1
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$28.5
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
FWS SAT 1
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Header Text:
**Please read the entire Request for Quotation (RFQ) and all attachments prior to submitting quote**
*This is a Firm-Fixed Price Contract. All responsible small business sources may submit a quote, which shall be considered by the agency.
The basis of award is the lowest price determined fair and reasonable and the best value to the government, and award will be made to a
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
responsible source pursuant to FAR subpart 9.1.
*This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation, and the number is 140FS124Q0137.
This is a
Total Small Business Set-Aside. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition
Circular 2024-04. The NAICS Code is 541360 with a
Size Standard of $28.5 Million. This requirement is in accordance with FAR Part 12, Acquisition of
Commercial Items and award will be pursuant to
FAR Part 13.
*Complete the SF-1449 (and any Amendments thereto), including all
Representations/Certifications listed in the RFQ, your Unique Entity ID assigned by SAM.gov
(https://sam.gov/content/home), valid email address and, any questions via email to Oscar
Orozco: Oscar_orozco@fws.gov by 08 August 30.
Telephone calls not accepted.
*In order to have a quote considered, an offeror is required to be registered in SAM
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
4 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140FS124Q0154
((https://sam.gov/content/home) when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
*Submit all quotes via email only to
Oscar_orozco@fws.gov by 09/05/2024.
*NOTICE TO PROSPECTIVE CONTRACTORS: If
Sub-contractors will perform on this project, the
Prime contractor must provide subcontractor information, i.e., company name, supervisor name and contact information and valid email address and telephone number*
The government intends to award a purchase order with one base year and four option years.
Delivery: 09/30/2028
Period of Performance: 09/06/2024 to 09/30/2024
00010 FY24 Imagery
Period of Performance: 08/01/2024 to 09/30/2028
00020 FY25 option year
FOB: Destination
Period of Performance: 08/01/2024 to 09/30/2028
00030 FY26 option year
FOB: Destination
Period of Performance: 08/01/2024 to 09/30/2028
00040 FY27 option year
FOB: Destination
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
4 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140FS124Q0154
Period of Performance: 08/01/2024 to 09/30/2028
00050 FY28 option year
FOB: Destination
Period of Performance: 08/01/2024 to 09/30/2028
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
US Fish and Wildlife Service Oʻahu National Wildlife Refuge Complex Imagery and Identification of Burned Area Native and Invasive Plants Statement of Work (SOW) Purchase Order Number:
UNITED STATES FISH AND WILDLIFE SERVICE
Purchase Order Identification Number: (PR or PPR goes here)
OʻAHU NATIONAL WILDLIFE REFUGE COMPLEX
STATEMENT OF WORK
(SOW)
Imagery and Identification of Burned Area Native and Invasive Plants
Imagery and Identification of Burned Area Native and Invasive Plants Statement of Work (SOW) Purchase Order Number:
1.0 General. Imagery and Identification of Burned Area Native and Invasive Plants
1.1 Introduction. The Mililani Mauka Fire that affected the Oʻahu Forest National Wildlife Refuge (OFNWR) was first reported was reported on October 30th, 2023, west of the OFNWR boundary, and was contained on December 14th, 2023. The fire burned over 1,600 acres in a sensitive upland area in the Koʻolau Mountain range and watershed, an important ecological resource for water supply, soil retention, and native ecosystems. Fire creates an unparalleled opportunity for non-native species to establish and dominate in OFNWR. Many early colonizing weedy species are fire-adapted, which further increases the probability of fire spread and diminishes the likelihood of native species recovery, thereby creating a novel and deleterious fire-invasive plant cycle. Monitoring is necessary to identify establishing invasive plant populations and where to target treatments. After invasive plant control treatments, monitoring helps managers understand the success and failures of the treatments allowing managers to modify, accelerate, or duplicate successful treatments and ultimately reach the mission of the Refuge.
1.2 Background.
The largest threat to the threatened and endangered species and their habitat in the burned area is invasive species. Prior to 2015, there was no fire history within the refuge. Many of the early colonizing weed species are fire-adapted, which increases the probability of fire spread and diminishes the likelihood of native species recovery, thereby creating a novel and deleterious fire-invasive plant cycle.
This monitoring work will assess the current state of the burn area and provide data on the regeneration of plants in that area. The main goal of monitoring is to inform the management actions to be taken for positive regrowth and assess the overall success of those actions over time.
1.3 Objectives.
The primary objective of this project is to track vegetation recovery and map invasive species encroachment. Information used for targeted invasive weed control to aid in protecting threatened and endangered species and their habitats. Aerial imagery over 5 consecutive years would provide a baseline on post-fire vegetation recovery in the cloud forest. The montioring work will include up to 13 aerial surveys of the site over a period of five years. Imagery collection efforts will be separated out over that time in a manner best suited to the needs of the managers. The successful candidate for this work will coordinate with USFWS managers to plan those data collection efforts at the best possible times both for the data products but also for the time best suited to identify the species of interest. Data required for this effort is very high resolution ortho imagery (2cm). These data are required for the purposes of visually identifying the species of interest that are and will be recolonizing the burn area. Options for identifcation and mapping of species of interest within the burned area will be coordinated between vendor and USFWS managers.
1.4 Scope.
The refuge encompasses the upper reaches of the Koʻolau Mountains where topography ranges from undulating ridges to rugged steep terrain with perennial streams. Elevation is approximately 1,100 – 2,700 feet. Rainfall is between 236 and 275 inches per year. Expected daily high temperatures are between 65 and 95 degrees.
Weather conditions within the refuge are at times extreme and change rapidly. Therefore, the work activity is weather contingent, and the contractor must have a flexible schedule and be able to respond and mobilize quickly when weather conditions allow access.
The contractor shall provide all personnel, equipment, tools, materials, supervision, transportation, travel and lodging if necessary, and other items and services necessary to complete the work as described in this Statement of Work (SOW). Work location is the U.S. Fish and Wildlife Service Oʻahu Forest National Wildlife Refuge on the Island of Oʻahu. Data collection will be performed over 1681 acres of burned area within OFNWR to identify areas of invasive non-native species including boom sedge, sprouting albizia, paperbark, manuka and umbrella tree. All aspects of data collection requirements will be provided by the contractor.
Data collection requirements:
• Survey equipment are required to be equipped with properly func�oning Global Posi�oning Systems.
• Sun angle no less than 30 degrees to limit deep shadow in mountainous terrain
• Horizontal resolu�on 2cm GSD with +- 0.5cm
• Clouds in the imagery will not be accepted - %0 percent cloud
• Par�al cloud shadow will be accepted if the imagery data is 12-16 bit data depth where dark areas may be recovered in post processing.
• Each collec�on effort must be completed within 30 days (start to finish) to limit seasonal changes from rain, runoff, temp.
• If weather condi�ons are consistently outside of the imagery collec�on parameters, the contractor and FWS refuge managers will work together to adjust the schedule and due dates.
• RMSE of no more than 1m horizontal.
Data deliverables:
• Very high resolu�on ortho imagery (minimum 2 cm resolu�on) with visual interpreta�on
• Con�nuous cover maps of the func�onal ground cover groups of 1681 ac (en�re project area)
• All RAW imagery delivered via hard drive for cold storage and any future needs.
• Ortho imagery �les in both GeoTiff and compressed .JP2 formats for maximum usability
• Ortho data will have minimal ligh�ng varia�on and subject to final approval by FWS refuge managers
• Metadata detailing �mes of collec�on, aerial triangula�on, and ortho genera�on process and results (RMSE).
• Data will be delivered in NAD83 (PA11) UTM Zone 3
Preliminary Schedule
- First imagery collec�on to be conducted Federal FY 24
- 3 dates of imagery collec�on conducted in Federal FY 25 Op�on Year
- 2 dates of imagery collec�on conducted per year for Federal FY 26, FY 27, and FY 28 Op�on Years
- 3 addi�onal dates of imagery collec�on to be conducted as needed
Additional Species Analysis Options – Separate Optional Lines from Base Imagery
- Base map of exis�ng condi�ons for vegeta�on cover over the burned area (burned vs new or exis�ng veg)
- Species specific mapping of popula�ons over the burned area and a buffer zone (200 meters) o Species of interest will be defined by F&W in coordina�on with the contractor as evalua�on of the capability of the imagery to detect said species is determined.
o Probable species of interest include Miconia calvescens, Tibouchina herbacea, Rubus argutus, Andropogon glomeratus var. pumilus, cortaderia, Heliocarpus americanus, Citharexylum caudatum, gunpowder tree (Trema orientalis), Setaria palmifolia, Cecropia obtusifolia, albizia (Falcataria moluccana), strawberry guava (Psidium cattleianum), Australian tree fern (Cyathea cooperi), mule’s foot fern (Angiopteris evecta) and manuka (Leptospermum scoparium) o Per species maps will be provided and GIS format (shapefile) as either points (individuals) or polygons (large popula�ons).
o This mapping effort will have some training feedback from ground truthing that will be supported by F&W.
o Analysis data will be delivered no more than 45 days a�er ortho imagery has been collected and processed for use.
1.5 Contract Type. Firm Fixed Price. All costs must be included in the pricing proposal such that final invoicing will be limited to the award amount.
Invoicing will be allowed after each data collection effort and again at the delivery of mapping deliverables defined above.
1.6 Place of Performance/Hours of Operation.
All work will be conducted within Oʻahu Forest NWR boundaries on weekdays during daylight hours excluding Federal Holidays. Contractor will need to work with refuge managers to determine and receive approval for exact dates for data collection.
1.7 Period of Performance.
The base period of performance of this contract is date of contract award through September 30, 2024.
If an option is exercised, the period of performance shall be extended through the end of that option period.
Base Year Contract award date through September 30, 2024 Option Year 1: October 1, 2024 through September 30, 2025 Option Year 2: October 1, 2025 through September 30, 2026 Option Year 3: October 1, 2026 through September 30, 2027 Option Year 4: October 1, 2027 through September 30, 2028
1.8 Privacy Act. Work on this project may require that personnel have access to Privacy Information.
Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.
1.9 Personal Service. The client has determined that this order is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) Part 37.104 titled “Personal services contract”.
1.10 Security. The requirement(s) under this order are unclassified and there are no requirements for security certification on the part of the contractor.
1.11 Key Personnel.
1.11.1 The client shall identify a Contracting Officer (OCO) under points of contact.
1.11.2 The contractor shall identify key personnel in the technical proposal regardless of the type of task. NOTE: Key personnel may not be removed from the task without express approval of the CO. The CO will attach a copy of the request and determination to the project files.
1.12 Quality Control. The contractor shall provide a description of their Quality Control plan to the client.
1.13 Records/Data. Indicate data normally generated in the performance of this task and ownership of the data at the end of the task. In addition, identify the format of the data.
The Government has unlimited rights to all documents/material produced under this contract, including the following data deliverables:
Imagery and Identification of Burned Area Native and Invasive Plants Statement of Work (SOW) Purchase Order Number:
• Very high resolu�on ortho imagery (minimum 2 cm resolu�on) with visual interpreta�on
• Con�nuous cover maps of the func�onal ground cover groups of 1681 ac (en�re project area)
• All RAW imagery delivered via hard drive for cold storage and any future needs.
• Ortho imagery �les in both GeoTiff and compressed .JP2 formats for maximum usability
• Ortho data will have minimal ligh�ng varia�on and subject to final approval by FWS refuge managers
• Metadata detailing �mes of collec�on, aerial triangula�on, and ortho genera�on process and results (RMSE).
• Data will be delivered in NAD83 (PA11) UTM Zone 3
1.14 Points of Contact.
Refuge Manager
Kristina Chyn P.O. Box 429 Kahuku, HI, 96731 808-208-2308 Kristina_Chyn@fws.gov
2.0 Definitions & Acronyms. All terms that have meaning other than that contained in a dictionary and task-specific acronyms.
The term “covered UAS” as defined in Executive Order 13981, and adopted for official use by the Department of Interior, means any UAS that:
i. is manufactured, in whole or in part, by an entity domiciled in an adversary country.
ii. uses critical electronic components installed in flight controllers, ground control system processors, radios, digital transmission devices, cameras, or gimbals manufactured, in whole or in part, in an adversary country (as defined by the Department of Commerce and referenced in DOI OPM-11.)
iii. uses operating software (including a cell phone or tablet applications, but not a cell phone or tablet operating systems) developed, in whole or in part, by an entity domiciled in an adversary country.
iv. uses network connectivity or data storage located outside the United States, or administered by any entity domiciled in an adversary country; or
v. contains hardware and software components used for transmitting photographs, videos, location information, flight paths, or any other data collected by the UAS manufactured by an entity domiciled in an adversary country.
mailto:Kristina_Chyn@fws.gov
vi. The term “critical electronic component” means any electronic device that stores, manipulates, or transfers digital data. The term critical electronic component does not include, for example, passive electronics such as resistors, and non-data transmitting motors, batteries, and wiring.
3.0 Government Furnished Items. The contractor shall specifically identify in their proposal the type, amount, and time frames required for any government resources, excluding those listed below.
The Government will provide the following: None.
4.0 Contractor Furnished Items. All items the contractor is to furnish during the contract. If the contractor intends on operating unmanned aircraft systems (UAS or drones) to accomplish the objectives, the contractor may only operate non-covered UAS which are manufactured in whole (including all critical electronic components), by an entity domiciled in a non-adversary country. UAS models can be vetted by asking the manufacturer to confirm that their system is not covered (NDAA compliant). The Refuge Project Coordinator reserves the right to deny UAS use if the UAS is a covered
UAS.
• Contract funds will not be expended on covered UAS.
• Covered UAS will not be operated on Department managed lands through this contract.
5.0 Specific Requirements.
Compliance with Laws and Regulations: The Contractor shall comply with all laws, ordinances, statutes and regulations, pertaining to the services specified herein.
5.2 Proposal Submission. The Government will request proposals for this task. To receive award as a result of a Request for Proposal (RFP) or Request for Quotes (RFQ), the potential offerors shall register their organization in the System for Award Management (SAM) at SAM.gov
The contractor shall submit a written cost and technical proposal for consideration before the due date and time for this RFP/RFQ. The contractor shall submit a payment schedule as part of the cost proposal.
In addition, the contractor shall submit these proposals electronically.
5.2.1 Travel. As part of the Cost Proposal, the contractor shall provide any anticipated travel costs, if known, to include: origination; destination; number of trips; number of persons; and a breakdown of lodging, meals, transportation and related costs. Actual expenses are limited by the Government Travel Regulations and must be pre-approved by the client.
5.2.2 (Un-priced CLINS). The contractor shall provide a breakdown of any other direct costs (ODCs) in the Cost Proposal. The breakdown shall include an identification of any “open market items" or the contracting vehicle used for the Un-priced CLINS.
5.3 Deliverables and Reports. In addition to the applicable requirements, the contractor shall provide the following deliverables and reports:
5.3.1 Status Reports. Status reports must be submitted per imagery data collection trip to the CO and Refuge Manager.
5.3.2 Failure to provide reports correctly will cause resubmission by your company.
5.3.3 Other Reporting Requirements. In addition to the per imagery data collection trip status reports, the contractor shall provide the following: all data and processed data deliverables collected within 15 days of collection and species analyses within 45 days of collection and processing.
5.3.3.1 The contractor shall inform the CO in writing of the actual task starting date on or before the starting date.
5.3.3.2 The contractor shall bring problems or potential problems affecting performance to the attention of the CO as soon as possible. Verbal reports will be followed up with written reports when directed by the CO.
5.3.3.3 Additional written reports may be required and negotiated.
5.3.4 Delivery Instructions. All deliverables shall be delivered to the client no later than the date specified in the SOW. Deliverables are to be transmitted with a cover letter, on the prime contractor’s letterhead, describing the contents.
5.4 Inspection and Acceptance. In the absence of other agreements negotiated with respect to time provided for government review, deliverables will be inspected and the contractor notified of the COs findings within 5 work days of normally scheduled review.
5.5 Procedures for Payment. Billing and payment shall be accomplished in accordance with the contract. The contractor shall have the invoice certified by the CO. The contractor’s invoice will be for one month for services performed in the previous month. The contractor may invoice only for the hours, travel and unique services ordered by the client and actually used in direct support of the client representative’s project. Invoices submitted for payment must be accompanied by a copy of the government’s document(s) accepting the covered services. Failure to comply with the procedures outlined above may result in your payment being delayed.
Clauses
52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2023)
---Addendum to 52.212-4---
DIAR 1452.237-70 INFORMATION COLLECTION - DEPARTMENT OF THE INTERIOR (JUL 1996)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar
(End of clause)
DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING
PLATFORM (IPP) (FEB 2021)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
'Payment request' means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:
https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
[Contracting Officer to edit and include the documentation required under this contract]:SEE BOX
BELOW
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone
(866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS (SEP 2013)
52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND
CONSTRUCTION CONTRACTS (AUG 2018)
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause– Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause)
Insurance-Work on a Government Installation (Jan 1997)
--- End of Addendum to 52.212-4---
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.
3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19
U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009
(Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900 (a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.
109-282) ( 31 U.S.C. 6101 note).
[ ] (6) [Reserved].
[X] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.
C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)
(Pub. L. 111-117, section 743 of Div. C).
[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)
(10) 52.204–28, Fe[X]deral Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub.
L. 115–390, title II).
(ii) Alternate[ ] I (Dec 2023) of 52.204–30.
[X] (12) 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).
[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.govinfo.gov/link/plaw/115/public/390
[ ] (14) [Reserved] [ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
[X] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022)
(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(17)[Reserve[ ]d]
[X] (18) (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.
[ ] (19) (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.
[ ](20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
[ ] (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Nov 2016) of 52.219-9.
[ ] (iii) Alternate II (Nov 2016) of 52.219-9.
[ ] (iv) Alternate III (Jun 2020) of 52.219-9.
[ ] (v) Alternate IV (Sep 2023) of 52.219-9
[ ] (22) (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.
[X](23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637(a)(14))(Deviation OCT 2022).
[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned
Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C.
657f).
[X] (26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C.
637(m)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[X] (35) (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] (36) (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.
[X] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
[X] (39) (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).
[X] (40) 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 22.1803.)
[X] (41) (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.)
[X](42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons ( May 2024) ( 42 U.S.C. 7671, et seq.).
[X](43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
[X](44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
[X](45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
[X](46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962 , 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
[ ] (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[ ] (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
[X] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (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 [Reserved].
[X] (iii) Alternate II (Dec 2022) of 52.225-3.
[ ] (iv) Alternate III (NOV 2023) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)
(42 U.S.C. 5150).
[X](55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[X] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov
2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct
2018) (31 U.S.C. 3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[X] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
[X] (64) (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:
https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513
[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).
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
[List as necessary]
[ ] (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.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 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.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii…
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