Sol_140FS125Q0018.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

FS1

Falls Church VA 22041 5275 Leesburg Pike FWS, SAT Team 1

FWS SAT 1

0011280663 CODE 16. ADMINISTERED BYCODE

X

X

562910

SIZE STANDARD:

% 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

12/19/2024 1300 PS

12/11/2024

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

140FS125Q0018

5. SOLICITATION NUMBER

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

1 2 0044000239OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

ALTURAS CA 96101-1610

P.O. BOX 1610

FWS MODOC NATIONAL WILDLIFE REFUGE

15. DELIVER TO

Falls Church VA 22041 5275 Leesburg Pike FWS, SAT Team 1

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$25

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.

Quarters 14 Asbestos Abatement- FWS MODOC

NATIONAL WILDLIFE REFUGE- LR 8

Contracting Poc: Oscar Orozco

Contaminated insulation removal. Contractor will remove and appropriately dispose of all asbestos containing and contaminated insulation from the attic/furnace space in Quarters 14.

Delivery: 12/31/2024 Continued ...

(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.

Period of Performance: 12/20/2024 to 01/31/2025

00010 Removal of asbestos & contaminated insul

Period of Performance: 12/23/2024 to 01/31/2025

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Modoc National Wildlife Refuge -

Alturas, California

SOLICITATION NO. 140FS125Q0018

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 is issuing a request for Quotes for asbestos abatement services located at the Modoc National Wildlife Refuge (MNWR), 5364 County Road 115, Alturas, California 96101. The services are required to begin shortly after award and are to be accomplished by January 31, 2024.

This Request for Quotation (RFQ) is a unrestricted set aside and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2024-07. The NAICS code is 562910 and the small business size standard is $25.00 Million. Applicable Service Contract Labor Wage Rates apply.

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 best value. An Award will be made to a responsible source pursuant to FAR subpart 9.1 and that provides the best value to the government price and other factors considered.

Evaluation factors are listed on the following page.

Please submit:

1. Your quotation (showing unit and total price) on company letterhead.

2. Supporting documentation for all additional evaluation factors listed on the next page;

3. SAM.gov UEI code;

4. Point of contact: phone number and e-mail address.

5. If your company holds a GSA contract that would apply to this requirement, please provide the contract number.

6. Technical Acceptability Documents, Narrative, Certifications, Past Performance.

A Site Visit is schedule for Tuesday December 17, 2024 at at 1300 (Refuge is unable to accommodate unplanned site visits please do not show up prior to this schedule date without approval)

Questions due: 12/18/2024

Quotes Due: 12/20/2024 by 1pm Pacific E-Mail Quote Submission: oscar_orozco@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 by the time a selection is made.

SOLICITATION NO. FWS

Additional Evaluation Factors:

• Factor 1-Technical Approach: Technical approach contains sufficient detail to determine if the offeror provides a sound, compliant approach that meets the requirements of the statement of work and demonstrates a thorough knowledge and understanding of those requirements. The offeror shall demonstrate the ability to provide well-formatted, edited, succinct, and cohesive deliverables. The submission lists all risks, assumptions, exclusions, and dependencies inherent in the proposal.

• Factor 2-Project Schedule: The offeror shall provide information on the team’s project scheduling capabilities. Identify how your team will implement the schedule to manage this project. Discuss internal procedures for handling delays to minimize “schedule creep.” Identify ways offeror will manage labor and other resource constraints in an effort to reduce costs and provide an achievable and flexible schedule.

• Factor 3-Key Personnel: The offeror shall provide resumes for any staff that will be working on site. Employees should have a minimum of 2 years’ experience performing similar contracts. Each resume should include any professional certifications, licensing, etc. that would support completion of tasks identified in the SOW. Resumes shall not exceed 1 page in length.

• Factor 4- Relevant Experience: Provide a description of similar projects completed within the last 5 years, including work with the Service, NOAA, or other federal agencies that exhibit the offeror’s ability to perform to completion a project of comparable scope and complexity.

• Factor 5- Past Performance. The offeror shall provide information on the Teams’ past performance on projects involving the same or similar services.

STATEMENT OF WORK

QUARTERS 14 ASBESTOS ABATEMENT

U.S. Fish and Wildlife Service Modoc National Wildlife Refuge – Alturas, California

November 4, 2024

1.0. GENERAL INFORMATION

1.1 Contractor shall provide materials and services to remove all contaminated insulation materials in the furnace space of the primary Refuge house. This project will remove both asbestos and non-asbestos containing insulation currently in this space to prepare for furnace ducting replacement work and re-insulation of the attic space. The Project is located at the Modoc NWR in Alturas, Modoc County, California.

1.2 Contractor’s Qualifications: Contractors shall be experienced, California certified for asbestos removal, and have demonstrated positive past performance with abatement and disposal of asbestos containing materials.

1.3 Regulatory Requirements: It is the Contractor’s responsibility to complete the Project in compliance with applicable requirements of federal and state laws, codes, rules, regulations, ordinances, and standards.

2.0. WORK LOCATION AND PERIOD OF PERFORMANCE

2.1 Work Location: Modoc National Wildlife Refuge (MNWR), 5364 County Road 115, Alturas, California 96101.

2.2 Period of Performance:

Start Date: ASAP

End Date: January 31, 2024.

The period of performance for this contract is tentative and subject to change. Contractor shall coordinate with the MNWR Refuge Manager for a proposed project work window. The final accepted work window will be mutually agreed upon between the Contractor and USFWS prior to work beginning.

3.0 DEFINITIONS

Not Used.

4.0 BACKGROUND

The Modoc National Wildlife Refuge (MNWR) is owned and operated by the U.S. Fish and

U.S. Fish and Wildlife Service Modoc National Wildlife Refuge – Alturas, California

November 4, 2024

Wildlife Service (USFWS). The Refuge is in the northeast corner of California, approximately

3.5 miles southeast of the town of Alturas. The next nearest town, Likely California, is approximately 13 miles south of the Refuge. The Refuge has identified a requirement for removal and abatement of asbestos containing material and contaminated insulation for the Refuge house known as Quarters 14. This project will include the portion of attic space of the house containing the furnace and some duct work. This space is approximately 320 square feet.

The project includes but is not limited to the following elements:

• Mobilization and de-mobilization.

• Staging of any equipment and materials.

• Installation and removal of positive air corridor workspace.

• Biohazard testing

• Sanitization

Please note, the above bulleted list is not intended to be comprehensive, it is simply provided as a baseline.

5.0. SCOPE OF WORK

Contractor is expected to complete the project to the specifications provided in this document.

Where specifications are not provided, the contractor shall contact the Refuge Technical Point of Contact to discuss options. At a minimum, and in the absence of any Technical Specifications, the Contractor shall perform Quality Assurance and Quality Control (QA/QC) Tests and Inspections for work tasks performed. The QA/QC Tests and Inspections performed shall be in accordance with industry standards and consensus-based standards.

5.1 Contractor will remove and dispose of all insulation in approx. 320 square feet of attic space that contains asbestos, has been damaged or contaminated with rodent droppings, and any animal remains found with in the attic space. Attic space drawing and photos attached.

5.4 Staging of equipment and materials may be needed for this project. Specific staging areas will be discussed and agreed upon between the contractor and the Refuge manager prior to mobilization.

5.5 Contractor will be responsible to ensure the project area is clean and free of any residual contaminants, trash, or damage from the project.

• Contractor will install and use plastic sheeting material to seal vents and prevent insulation materials from contaminating other parts of the house.

U.S. Fish and Wildlife Service Modoc National Wildlife Refuge – Alturas, California

November 4, 2024

• Contractor will install sheeting material to protect carpet and any other areas of the house from dust, debris, and contaminants that may be transported in and out of the house via boots, equipment, or construction materials during this project.

6.0. GENERAL REQUIREMENTS.

Contractor shall provide supervision, labor, materials, equipment, tools, and services necessary for proper execution and completion of this contract.

6.1 Quality Assurance: Contractor shall implement a Quality Assurance/Quality Control (QA/QC) Plan to verify products and services are free of errors or omissions.

6.2 Communications: Contractor shall direct contract related inquiries in writing or electronically to the CO during the pre-solicitation, solicitation, and contract period of performance. Contractor shall direct technical-related inquiries in writing or electronically to the Refuge Manager or COR.

6.3 Pre-project Meeting: After contract award and prior to commencement of work, the Refuge will arrange for a pre-construction meeting. This meeting may be virtual or face to face at the Modoc NWR Office. Meeting is expected to take place within ten (10) days after issuance of the contract award and take no longer than two (2) hours.

Meeting will address the contract requirements and identify and resolve any ambiguities or discrepancies. Other topics include matters of significant interest, including who has authority to decide matters such as contractual, administrative (e.g., security, safety, and fire and environmental protection) and project responsibilities. This meeting will also address area access, staging areas for equipment and materials, and any other questions or concerns that may arise.

6.4 Diligence: Contractor shall perform all project activities efficiently and with the requisite expertise, skill, and competence to satisfy the requirements of the contract documents.

Contractor shall, at all times, exercise complete and exclusive control over the means, methods, sequences and techniques used for this project.

6.5 Supervision: Contractor shall provide a Project Supervisor on-site at all times while work is underway. Supervisor shall have a good working knowledge of the project work.

6.6 Project Safety: Contractor shall be ultimately responsible for health and safety on the

U.S. Fish and Wildlife Service Modoc National Wildlife Refuge – Alturas, California

November 4, 2024 worksite at all times.

a. Contractor shall provide barricades and warning devices as necessary to safeguard the public, workers, and Government personnel.

b. Contractor shall initiate and maintain, throughout the performance of this contract, an effective health and safety program that provides adequate policies, procedures, and practices to protect workers from (and allow them to recognize) job-related health and safety hazards.

c. Each employee (Contractor or subcontractor) must be instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to the work environment.

d. The contractor shall adopt the Occupational Health (SOH) Program as a starting point for Safety Program requirements. In the event a more stringent Safety Program exists, the more stringent Safety Program shall be applied to the Contract / Project by the Contractor.

6.9 Site Cleanup: Contractor shall remove trash and debris from the worksite daily. Before completing the contracted work, Contractor shall remove any rubbish, tools, equipment, and materials that are not the property of the Government. Upon completion of work, Contractor shall leave the work area clean, neat, and in the same condition as prior to the project.

6.10 Material, Equipment, Transportation, Handling and Storage:

a. Government-owned equipment will not be made available to the Contractor for use within this contract. Government buildings and other facilities are not available for storage of the Contractor’s materials, equipment, and tools. The Government will designate areas for use during the project for materials and equipment. These areas will be discussed at the pre-bid site visit and during the pre-project meeting.

b. Contractor shall have a representative onsite to receive material deliveries. Contractor shall be responsible for all material deliveries, whether or not their representative is on-site at the time of delivery.

c. Contractor shall transport, handle and store materials and equipment in a secure manner and in accordance with the manufacturer’s written instructions.

d. Contractor shall promptly remove from the worksite any material(s) and equipment which are damaged or are otherwise unsuitable.

U.S. Fish and Wildlife Service Modoc National Wildlife Refuge – Alturas, California

November 4, 2024

7.0. GOVERNMENT FURNISHED ITEMS.

No Government Furnished Material or Government Furnished Equipment will be provided.

7.1. The Contractor shall furnish all materials, supplies, equipment, facilities, and services required to perform work under this contract.

8.0. CODES AND STANDARDS.

8.1 Safety Standards: Contractor shall adhere to Occupational Safety and Health Administration (OSHA) 29 CFR 1910 and 1926, as well as other applicable DOI, USFWS, State and local regulations. In the event of a conflict, the most stringent laws, codes, regulations, standards, and provisions shall apply.

9.0. INSPECTION AND ACCEPTANCE.

9.1 Inspection and acceptance will be determined by the USFWS.

9.2 Acceptance of the work is contingent on compliance with the requirements set forth in the specifications, and other documents awarded with (or referenced by) the contract for this project.

10.0. FINAL WALK THROUGH.

10.1 The USFWS will perform the final walk through as promptly as practicable.

10.2 The time required for such walk through and for making any corrections as a result thereof shall be included in the contract performance time.

10.3 The Contractor’s representative responsible for the work shall be present at the final walk through.

11.0. INVOICE AND PAYMENT.

11.1 General: Contractor shall not invoice between September 20th and October 20th, due to the seasonal financial system closure.

11.2 Progress Payments: No progress payments will be made for this project. Final payment will be made upon completion of the project and acceptance from USFWS.

U.S. Fish and Wildlife Service Modoc National Wildlife Refuge – Alturas, California

November 4, 2024

11.3 Final Payment: Final payment shall be invoiced and submitted in accordance with Clause 52.232-70. Prior to submitting the final invoice, Contractor shall have submitted all closeout submittals. In addition, Contractor shall have been provided an approval by the USFWS stating any deficiencies have been corrected.

13.0. GOVERNMENT AVAILABILITY.

13.1 Government is available Monday thru Friday from 7:30 AM to 4:00 PM (Pacific Time), excluding Federal Holidays. Availability outside those dates/hours shall be coordinated with the Refuge Manager at least two business days in advance.

• Government holidays include New Year’s Day, Martin Luther King JR’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

14.0. WORK HOURS.

14.1 Work shall be performed between Monday and Friday, 7:30 AM to 4:00 PM (Pacific Time), excluding Federal Holidays. Work outside those dates or hours shall be coordinated with the Refuge Manager at least two business days in advance.

14.2 Weekend work shall be approved by the Refuge Manager.

14.3 USFWS escort required unless previously arranged with the Refuge Manager.

POINTS OF CONTACT

Refuge:

U.S. Fish and Wildlife Service Modoc National Wildlife Refuge Attn: Stacy Freitas, Refuge Manager 5364 County Road 115, Alturas, California 96101 stacy_freitas@fws.gov

(530) 233-3572 (Office) Stacy will be the Technical Point of Contact.

mailto:stacy_freitas@fws.gov

2024-730

Guzi-West Inspection & Consulting 888-351-8189 | reporting@guziwest.com | www.guziwest.com

October 29, 2024

Stacy Freitas Modoc National Wildlife Refuge stacy_freitas@fws.gov

Project Name: Modoc National Wildlife Refuge Project Address: 5364 Country Road 115, Alturas, CA 96101 Project Scope: Focused Vermiculite Asbestos Inspection

Dear Stacy Freitas, Guzi-West certified asbestos personnel collected one suspect asbestos-containing material sample at the structure referenced above on October 25, 2024. Following sample collection, the sample was submitted under chain-of-custody documentation to a California-certified laboratory for analysis by EPA/600/R‐93/116 and EPA/600/R‐04/004 VAI methodology. As evidenced by the laboratory report provided in Attachment A, asbestos was identified in the following material and location:

o Insulation/Attic (0.65% Actinolite/Tremolite Asbestos*) *Sample analyzed by EPA/600/R‐04/004 VAI

The insulation sample was analyzed by EPA/600/R‐04/004 VAI methodology in an attempt to legally classify its respective waste as containing less than 1% asbestos. As evidenced by the attached laboratory report, the insulation sample contains less than 1% asbestos. If laboratory analysis (EPA/600/R‐04/004 VAI) shows that a given material contains less than one percent asbestos, then such material is not considered a hazardous waste by the United States Environmental Protection Agency (USEPA), or the California Department of Toxic Substances Control (DTSC). Asbestos material containing less than one percent asbestos is not subject to Cal/OSHA asbestos waste labeling requirements and can be disposed of as general construction debris; however, the acceptance criteria of each California waste facility may differ. The waste acceptor should be contacted, and their individual acceptance-criteria abided by, prior to waste transport and disposal. Certified asbestos abatement workers must remove all materials containing asbestos that will be disturbed during the subject project, regardless of their asbestos content, due to Cal-OSHA regulations. A copy of our CAC Certification is provided in Attachment B.

We will follow up with a project invoice within 7 business days. Thank you for the opportunity to work on the project, and feel free to call/e-mail if you have any questions.

mailto:reporting@guziwest.com http://www.guziwest.com/ mailto:stacy_freitas@fws.gov

Modoc National Wildlife Refuge 2024-730 October 29, 2024

Guzi-West Inspection & Consulting 888-351-8189 | reporting@guziwest.com | www.guziwest.com

Sincerely, Clay Guzi President/CEO Guzi-West Inspection and Consulting, LLC Certified Asbestos Consultant # 05-3900

Disclaimer: Guzi-West is not responsible for locating potentially hazardous building materials in concealed, internal, or inaccessible areas such as behind walls, above hard ceilings, beneath flooring, underground or as inherent mechanical components; Guzi-West accepts no legal liability for hazardous materials in these circumstances. Quantities listed on the COC are approximate and should be verified by the contractor.

mailto:reporting@guziwest.com http://www.guziwest.com/

ATTACHMENT A

Client:

Project Name:

Project Address:

Project No.:

Methodology:

T/A Time:

Project Contact :

PEL Sample No.

Client

Sample No.:

Composition Color Description

Asbestos

Presence/Absence

& Type (if present)

Non-Asbestos

Fiber Type

Actinolite/Tremolite 0.65

Analyst

Signature: Date of Report :

Reviewer

Signature: Date of Report :

10/29/2024

10/29/2024

PEL Laboratories performs polarized light microscopy (PLM) analyses under methods known as App. E to Sub. E of 40 CFR Part 762 and EPA/600/R-93/116. PEL Laboratories operates in accordance to the TNI 2016 , Vol 1, Rev. 2.1 . This report must not be used to claim product endorsement by TNI, CAELAP or any other agency of the U.S. Government. These results relate only to the samples tested and must not be reproduced, except in full, without the approval of the laboratory. Although PLM analysis is commonly performed to determine the presence or absence of asbestos in building materials, the EPA methods acknowledge that analysis by PLM is subject to limitations and for certain materials, such as vermiculite, a more sophisticated methodology may be necessary.

Rush Analyzed By: Bobby Ingram

Jordan Middlebrooks Sample Date: 10/25/2024

Guzi-West PEL Client No.: 1

Modoc National Wildlife Refuge PEL Work Order No.: 12410414

5364 County Road 115, Alturas. CA Date Received: 10/28/2024

414 Date Analyzed: 10/29/2024

Non-Fibrous Matrix Types

EPA/600/R-04/004 VAI Received By: Bobby Ingram

1 1A Homogeneous Gray Vermiculite Vermiculite

5200 Industrial Way, Suite F | Anderson, CA 96007 | 530-261-2046

Attic Access

Furnace Location

Attic AccessAttic Access

Attic Access

Attic Access

Window Seat Window Seat

W in do w

S ea t sfreitas Highlight sfreitas Highlight sfreitas Highlight sfreitas Highlight sfreitas Highlight sfreitas Highlight

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)

52.223-2 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)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(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 (NOV

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).

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

[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).

[ ] (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.

[ ](23) 52.219-14, Limitations on Subcontracting (OCT 2022) Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

[ ] (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)).

https://www.govinfo.gov/link/plaw/115/public/390

[ ] (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.

[ ] (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.

[ ] (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).

[ ] (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.)

[ ] (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.

[X] (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

[ ] (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).

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/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l

[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).

[ ] (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).

[X] (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).

[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ](64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ](65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[ ] (ii) Alternate I (Apr 2003) of 52.247-64.

[ ] (iii) Alternate II (Nov 2021) of 52.247-64.

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

[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 https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 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) 52.222-36, Equal Opportunity for Workers with…