Sol_140FS323Q0088.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

FS3

Falls Church VA 22041 5275 Leesburg Pike FWS SAT Team 3 FWS SAT Team 3

0008349710 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORFS3

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/16/2023 1400 ED

05/01/2023

413-253-8738Fred Riley (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140FS323Q0088

5. SOLICITATION NUMBER

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

1 37 0040613196OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

MANTEO NC 27954-1969

POST OFFICE BOX 1969

FWS ALLIGATOR RIV NWR

15. DELIVER TO

Falls Church VA 22041 5275 Leesburg Pike FWS SAT Team 3

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS SAT Team 3

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Create and maintain Firebreaks at Alligator NWR.

Tech POC: Donnie Harris (252) 475-8012 Alt POC: Caleb Jones (252) 394-0234 Contract POC: Fred Riley at Fred_riley@fws.gov Delivery: 12/31/2023

00010 Create 4 / Maintain 6 Firebreaks

Period of Performance: 06/01/2023 to 12/31/2023 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Fred Riley

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37 2 of

Alligator River NWR (ALR)

Bid Schedule

Description Qty Unit Price (per acre)

Total

1. Mastication- Manns Harbor 57.9 $ $

2.Mastication- Parched Corn Bay A

11.8

3. Mastication- Parched Corn Bay Canal

6.1

4. Mastication- Pains Bay Ditch

3.8

5. Maintenance- East of Borrow Pit

6. Maintenance- Roanoke Marshes

8.4

7. Maintenance- Long Curve to 264

6.1

8. Maintenance- West Pt Peter

7.2

9. Maintenance- North Stumpy C

8.3

10. Maintenance- North Stumpy B

11.4

129 acres Total $

-Please reference Figure 1 in the SOW for the type of equipment needed, length, width, and area calculations.

NC-ALR 2023 FIRE BREAK PROJECT

STATEMENT OF WORK

INTRODUCTION & BACKGROUND:

The Alligator River National Wildlife Refuge (ALR) is pursuing a service contract for the mastication of four (4) new fire breaks (establishment) and for the maintenance of six (6) existing fire breaks. See included maps for fire break locations. See included maps for fire break locations delineated by the equipment type needed. All acreages have been estimated via Geographic Information System (GIS).

Historically, the largest wildfires in NC history have occurred on the Albemarle-Pamlico Peninsula which entails the counties of Dare, Hyde, Tyrrell, and Washington. Dense volatile fuels and poor trafficability in the peat soils pose many unique challenges to wildland firefighters. As such, the costs of suppressing these large fires are exorbitantly high potentially ranging into the tens of millions of dollars or more. As such, fire/fuel breaks are critical in the suppression of large wildland fires. They serve to reduce fire size potential and smoke impacts and they can significantly reduce suppression costs. Fuel breaks help protect the Refuge from wildfires originating on adjacent properties. Conversely, they help protect adjoining private homes and properties from wildfires coming off the Refuge.

Figure 1: Summary of fire breaks needed at Alligator River NWR (ALR).

FIRE BREAK NAME STATUS EQUIPMENT

TYPE NEEDED

LENGTH 1WIDTH AREA

(miles) (feet) (feet) (acres)

Manns Harbor New 2Amphibious 3.18 16,806 150 57.9

East of Borrow Pit Maintenance Amphibious 1.65 8,706 40 8.0

Roanoke Marshes Maintenance Amphibious 1.74 9,195 40 8.4

Long Curve to 264 Maintenance 3LGP 1.25 6,622 40 6.1

West Pt Peter Maintenance LGP 1.48 7,800 40 7.2

North Stumpy C Maintenance LGP 1.71 9,028 40 8.3

North Stumpy B Maintenance LGP 2.35 12,429 40 11.4

Parched Corn Bay A New Amphibious 2.44 12,904 40 11.8

Parched Corn Bay Canal New Amphibious 1.26 6,673 40 6.1

Pains Bay Ditch New Amphibious 0.79 4,189 40 3.8

ALR

TOTALS:

- AMPHIBIOUS 11.1 58,473 - 96.1

- LGP 6.8 35,879 - 32.9

- COMBINED 17.9 94,352 - 129

1Fuel break width is measured from the nearside ditch edge (waterline) when present.

2A pontoon excavator equipped w/ a masticating cutter head (a.k.a. marsh-hoe) 3A soft-/flex-tracked machine with low ground pressure (ex. Geo-Boy, Geo-Track, or comparable)

CURRENT VEGETATION & CONDITIONS:

In the areas needing new breaks, the current vegetation consists largely of small-diameter pond pine, sweetbay, and red maple in the overstory, very occasional bald cypress and swamp tupelo, and potentially some scattered Atlantic white cedar. The larger trees present are estimated to range up to 30-50-feet in height with diameters ranging from 4-8-inches at breast height (measured 4.5-ft from ground level). Occasional larger diameter trees may be present.

The understory is very dense in areas and consists of groundsel tree, waxmyrtle, sweetbay, red bay, gallberry, fetterbush, greenbrier, and huckleberry. The wetter and more saturated portions of the unit are sparsely vegetated and consists of marsh grasses, black needle-rush, and sparse low shrubs. Due to mortality from rising water levels, the units may have an abundance of snags, stumps, and downed logs.

In the existing breaks, the vegetation is much more manageable and consists largely of tall brush including groundsel tree, waxmyrtle, sweetbay, red bay, gallberry, and other shrubby species. Also present are smaller saplings of the tree species described above.

SOILS & TRAFFICABILITY:

The predominant underlying soil type in most areas is a Pungo muck which is organic/peat in composition. It is very poorly drained with severe equipment limitations. The water table is at or near the surface - within 6” in the very driest areas - and large areas will be flooded. As such, some of the fuel breaks will require an amphibious pontoon excavator, but soft-/flex-tracked equipment with low ground pressure can be used in some areas. Wheeled equipment cannot operate on these sites. See next section for more details on equipment.

***Due to the unique equipment challenges associated with the area, a site visit is recommended for bidders who are unfamiliar with the terrain, topography, and vegetation of the Albemarle-Pamlico Peninsula. ***

STATEMENT OF WORK / SPECIFICATIONS:

Utilize equipment with a Fecon-style or similar masticating head to cut fuel breaks according to the dimensions in Figure-1 above. Approximately 25% of the project acreage (~33-acres) will be for soft-tracked LGP (low ground pressure) mastication with the remaining approximate 75% (~96-acres) requiring an amphibious excavator with a masticating head.

The LGP machine should have soft or flexible tracks (not wheeled) with a minimum pad width of 30-inches and a 6-foot minimum width on the cutter head. Example LGP machines include Geo- Boys and Geo-Tracks. An amphibious excavator (on pontoons) will be needed for the wettest areas. It should preferably be medium/mid-sized and comparable to a Caterpillar 320 or 325 with a minimum capability of a Cat 307. It should have a 36-inch minimum Fecon-style or other cutter head with similar production capabilities.

Fuel break width shall be measured from the nearside waterline edge of the canal/ditch (when present) to include mastication of the ditch bank &/or spoil piles. All vegetation, logs, stumps, cypress knees, etc. within the footprint of the fire break shall be masticated (mulched or grinded) to ground-level to enable future mowing. Downed logs and trees shall be masticated or removed to outside of the break. Debris and chip piles shall be kept to 6-inches in height or less. Contact the Fish & Wildlife Service (FWS) point-of- contact (POC) in the event trees exceeding equipment capability are encountered. This should be very rare. The contractor shall receive a briefing and instructions from the FWS POC before beginning operations at each fire break.

It is the contractor’s responsibility to maintain the appropriate width of the treated area for the duration of the project. Should the boundaries of the treatment area become unclear, the contractor will immediately contact the FWS POC for guidance on how to proceed. In existing fuel breaks, the footprint from previous operations should be readily visible and some new breaks will even follow canals for part or all of the project. For the Manns Harbor Break, the contractor will follow a canal for approximately ½ of the length but will have to utilize mapping apps (ex. Avenza) and/or other navigational methods to accurately install the break as mapped. Notify the FWS POC if you need a georeferenced PDF map for use with Avenza.

***The contractor will be responsible for recovery/extrication if/when heavy equipment and vehicles get stuck or become immobilized. FWS personnel and equipment will not be available for equipment and vehicle recovery. The contractor shall have additional equipment available on sight, as appropriate, for this purpose. ***

Vegetation may be removed from the firebreak and taken off refuge to be sold for biomass. For any materials sold as biomass, the contractor will inform the POC of the approximate amount (by weight) sold.

Transportation & Access: The contractor shall provide all equipment, operators and support personnel, transportation, parts, fluids, fuel, etc. It is the contractor’s daily responsibility to transport the equipment to and from the site and to provide for the transportation of personnel, fuel, parts, fluids, etc. Personal vehicles are not to be left on Refuge property overnight.

Regardless of time-of-day, vehicles, equipment, etc. shall not block gates, roads, and other access points. At the end of shift, the contractor shall lock all gates on the way out unless otherwise advised by the POC.

Invasive Species Mitigation: All equipment used by the contractor will be clean of dirt, mud, and plant material, within tracks and undercarriage, prior to entering the Refuge. If equipment leaves the work site for any reason it will be cleaned prior to re-entering the Refuge. This requirement is to limit the potential for spread of exotic and invasive plants onto the Refuge.

Protection of Trees: The Contractor shall take every precaution necessary to prevent damage to trees and vegetation outside of the treatment area.

Spill Containment & Trash Pick-up: The contractor shall have the necessary equipment and supplies required to mitigate any fuel or fluid spills. All spills are to be reported to the FWS POC as soon as they occur. All trash from operations including but not limited to hydraulic fluid and oil containers, water bottles, food wrappers and containers, etc. shall not be left on site.

Erosion Control: Contractor shall take reasonable care to minimize soil impacts. Vehicles will not be operated on Refuge roads, power line rights-of-way, road shoulders, or permanent fire lines when soil moisture conditions are such that excessive rutting or soil movement will occur.

Repair of Damages: The contractor shall repair any damages they cause to roads, road shoulders, culverts, water control structures, or other infrastructure.

Smoking: Smoking by Contractor personnel is permitted only in cleared areas designated by the Site Rep/Government such as permanent fire lines or utility rights-of-way. Smoking materials shall not be left on Refuge lands. The Contractor may be held liable for any wildland fire that is started by their personnel from negligence.

Work Hours: All activity will be performed during posted business hours of 8:00 am to 4:00 pm, Monday thru Friday. (Note: any deviation needs prior approval from on-site representative).

Supervision: To ensure performance and accomplishment of the work as outlined herein, the Contractor shall provide adequate and competent onsite supervision (with the ability to effectively communicate in English), for all work to be accomplished by the Contractor’s employees. When contract work is in progress, supervisory personnel shall be available at all times to receive notices, reports, or requests from the Site Representative or his authorized representative. NOTE: At no time shall Government representatives direct or supervise the activities of the Contractor’s employees.

PROJECT LOCATION:

These projects are located on the Alligator River National Wildlife Refuge on the mainland of Dare County, NC. See the included map for specific fire break locations. Physical addresses do not exist for the project areas but a general lat/long is included on the map.

ALR Maintenance Shop 13518 Milltail Rd East Lake, NC 27953

BID PROPOSAL:

Prospective contractors shall submit bids on a cost-per-acre basis by type of equipment (amphibious vs. LGP) and as a total project cost. If funds are insufficient to cover the total project cost, the contract will be awarded on a cost-per-acre price by equipment type with no award granted until a project size matching available funds is reached. Bids should include a description of equipment to be used so that evaluators may determine the adequacy and efficacy of proposed machinery.

PERIOD OF PERFORMANCE:

Work may begin as soon as all appropriate environmental compliance measures and boundary surveying are in place, which should occur well before this contract is awarded. The FWS POC will confirm environmental compliance and boundary surveying upon the awarding of this contract and will notify the awarded entity that operations may begin.

It is preferred to have this project completed by October 1, 2023, if feasible given the award date, but that may not be realistic. A secondary preferred deadline would be to have this project completed by December 31, 2023. However, flexibility beyond that date does exist if needed.

Extended wet or severe weather or high fire danger could potentially delay or prolong operations.

Significantly wet conditions could impede equipment use in the LGP areas but should have minimal impact on amphibious operations unless erosion potential were to be an issue. Conversely, operations would be temporarily suspended if there were significant potential for wildfires from machine use.

TECHNICAL POINTS OF CONTACT (POC):

The POC is subject to change with pending new hires. All parties will be notified if adjusted.

Primary - Donnie Harris (FOS) Alligator River (ALR) Fire Ops Specialist 252-475-8012 donnie_harris@fws.gov

Secondary - Caleb Jones

Fire Mgt. Officer (FMO) 252-394-0234 caleb_jones@fws.gov mailto:donnie_harris@fws.gov mailto:caleb_jones@fws.gov óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó

HWY 64

US 64 264

MASHOES RD

MANNS HARBOR

SHIPYARD

US

VIRGINIA DARE MEMORIAL

OLD MANNS HARBOR

PECAN

HARBOR

HIGHLAND

ROWE

MUSIC

TAYLOR

Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

Legend óóóóóóóóóó Fuel_Break

Ditch FWS_Trans_Roads

Manns Harbor Fuel Break Map

Scale: 1/32,000 Photo Year: 2021 Drawn By: C. Jones 01/18/2023

35* 55.039' / -75* 47.557'

Manns Harbor Break New / Amphibious

1 0 10.5 Miles

Manns Harbor Community óóóóóóóóóóóó óóóóóóóóóó óóóóóóóóóóóóóó óó óóóó óóóó óóóó óó óóóóóóóóóó óó óó óó óó óó óó óó óó óó óó óó óó óóóóóóóóóóóóóóóó óóóóóóóó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó óó

Long Curve Road

Koehring Road

Bear Road

Pollock Road

Blueberry Road

Point Peter Road

Canvasback Road

Eagle Road

Storm Road

Widgeon Road

Borro w Pit R oad

US 264

Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

Legend óóóóóóóó Fuel_Break

Ditch FWS_Trans_Roads

0 1 2 30.5 Miles

ALR Fuel Breaks Map 1

Scale: 1/64,000 Photo Year: 2021 Drawn By: C. Jones 01/18/2023

35* 48.682' / -75* 47.513'

E of Borrow Pit Existing / Amphibious

Roanoke Marshes Existing / Amphibious

Long Curve to 264 Existing / LGP

W Point Peter Existing / LGP

N Stumpy Point C Existing / LGP

N Stumpy Point B Existing / LGP óóóóóóóóóóóóóóóóóóóóóó óó óó óóóó óó óóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóó óóóóóó óóóóóó

Pains Bay

Parched Corn Bay

Pa mlico

Ro ad

US 264

Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

Legend óóóóóóóóóó Fuel_Break

Ditch FWS_Trans_Roads

ALR Fuel Breaks Map 2

Scale: 1/48,000 Photo Year: 2021 Drawn By: C. Jones 01/18/2023

35* 36.954' / -75* 49.871'

Pains Bay Ditch New / Amphibious

1 0 10.5 Miles

Parched Corn Bay Canal New / Amphibious

Parched Corn Bay A New / Amphibious

Stop at creek

DOCUMENT NUMBER

140FS323Q0088

DOCUMENT TITLE

Mastication & Maintenance of Firebreaks Alligator River

NWR

Table of Contents G - Contract Administration Data

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) I - Contract Clauses

52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.204-7 System for Award Management. (OCT 2018)

52.204-13 System for Award Management Maintenance. (OCT 2018) 52.212-3 Offeror Representations and Certifications-Commercial Items. (FEB 2021)

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018) 52.212-1 Instructions to Offerors - Commercial Items. (JUL 2021)

52.223-1 Biobased Product Certification. (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 5

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (JUN 2020) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (OCT 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)

52.237-1 Site Visit. (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.212-2 Evaluation - Commercial Items. (OCT 2014)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JUL 2021) 52.252-5 Authorized Deviations in Provisions. (NOV 2020)

52.252-6 Authorized Deviations in Clauses. (NOV 2020) DOI Green Acquisition

DOCUMENT TITLE

G - Contract Administration Data

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

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]:

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.

I - Contract Clauses

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this website: https://www.acquisition.gov/browse/index/far

52.204-7 System for Award Management. (OCT 2018)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.212-3 Offeror Representations and Certifications-Commercial Items. (FEB 2021)

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

52.212-1 Instructions to Offerors - Commercial Items. (JUL 2021)

52.223-1 Biobased Product Certification. (MAY 2012)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (JUN 2020)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.246-4 Inspection of Services-Fixed Price (AUG 1996) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

DOCUMENT TITLE

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

DOCUMENT TITLE

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

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(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the

52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.237-1 Site Visit. (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

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52.212-2 Evaluation - Commercial Items. (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: best value to include price and past performance.

Technical and past performance, when combined, are significantly more important when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JUL 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

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

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

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)

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[X ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[ X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[ ] (10) (Reserved)

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (MAR 2020) (15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219-4.

[ ] (13) (Reserved)

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-6.

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9.

[ ] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-13.

[ X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C.

632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[X ] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[ X] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (JUL 2014) of 52.222-36.

[ X] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

DOCUMENT TITLE

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[ ] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[X] (48) 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112- 43.

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

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

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

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

[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. 2302 Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

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[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

[X] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[ ] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 55305) and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (FEB 2006) 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 items: (Contracting Officer check as appropriate.)

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

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

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

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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[ ] (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) of this paragraph in a subcontract for commercial items. 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 (JUN 2020) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115- 91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii) [ ] (A) 52.222-50, Combating Trafficking in Persons (OCT…