Sol_140G0122Q0222.pdf
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- REMOVAL OF DISCONTINUED GAGE 02081022
- Solicitation number
- 140G0122Q0222
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| Sol_140G0122Q0222_Amd_0002.pdf | ||
| Sol_140G0122Q0222_Amd_0001.pdf | ||
| DBA_NC20220038.pdf | ||
| DBA_NC20220048.pdf | ||
| 0040581613_02081022_SOW.doc | DOC document | |
| 0040581614__02096500_SOW.doc | DOC document | |
| DBA_NC_20220065.pdf | ||
| DBA_NC20220066.pdf | ||
| DBA_NC_20220020.pdf | ||
| 0040581616__02100500_SOW.doc | DOC document | |
| 02077303_SOW.doc | DOC document | |
| 0040581615__02093000_SOW.doc | DOC document | |
| PR_0040581618_02081000_SOW.doc | DOC document | |
| DBA_NC20220064.pdf | ||
| B08_Attach_G1_DBA_NC20220064.pdf | ||
| 0040581617_02108000_SOW.doc | DOC document |
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
See Schedule
USGS OAG RESTON ACQUISITION BRANCH
205 NATIONAL CENTER
12201 SUNRISE VALLEY DRIVE
RESTON VA 20192
GRB
Sheryl Carriere, Contract Specialist email: carrieres@usgs.gov
Sheryl Carriere 7036487393
1x 08/24/2022
140G0122Q0222
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Demolition and Removal of (7) Discontinued Gage Structure Station
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
7 180 calendar days and complete it within ________________ ________________ calendar days after receiving
09/19/2022
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
USGS OAG RESTON ACQUISITION BRANCH
205 NATIONAL CENTER
RESTON VA 20192
GRB
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 45
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140G0122Q0222
Delivery Location Code: 0006366933
USGS North Carolina Water Sci. Ctr
3916 Sunset Ridge Road
Raleigh NC 27607 US
Period of Performance: 10/01/2022 to 03/31/2023
Note: MULTIPLE AWARDS MAY BE MADE IF THE
CONTRACTING OFFICER DETERMINES IT TO BE
ECONONICALLY ADVANTAGEOUS TO THE GOVERNMENT.
CONTRACTORS MAY SUBMIT PROPOSAL/OFFERS FOR
SELECTED CLINS BASED ON ABILITY TO PROVIDE
SERVICES (i.e. locality). WHEN COMPLETING THE
SF1442, PRICE EACH LINE INDIVIDUALLY.
00010 CONTRACTOR SHALL PROVIDE ALL PERSONNEL,
EQUIPMENT, AND SUPPLIES TO PERFORM REMOVAL OF
DISCONTINUED GAGE STATION NO. 02081022,
Location: Goose Nest Township, NC per Attach A -
Statement of Work AND Attach A1 DBA# NC20220065
Product/Service Code: P500
Product/Service Description: SALVAGE- DEMOLITION
OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)
Requisition No: 0040581613
Delivery: 12/31/2022
00020 CONTRACTOR SHALL PROVIDE ALL PERSONNEL,
EQUIPMENT, AND SUPPLIES TO PERFORM REMOVAL OF
DISCONTINUED GAGE STATION NO. 02096500,
Location: Haw, North Carolina per Attach A -
Statement of Work AND Attach A1 DBA# NC20220020
Product/Service Code: P500
Product/Service Description: SALVAGE- DEMOLITION
OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)
Requisition No: 0040581614
Delivery: 12/31/2022
00030 CONTRACTOR SHALL PROVIDE ALL PERSONNEL,
EQUIPMENT, AND SUPPLIES TO PERFORM REMOVAL OF
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
4 45
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140G0122Q0222
DISCONTINUED GAGE STATION NO. 0209300J.
Location: Jacksonville, NC per Attach A -
Statement of Work AND Attach A1 DBA# NC20220038
Product/Service Code: P500
Product/Service Description: SALVAGE- DEMOLITION
OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)
Requisition No: 0040581615
Delivery: 12/31/2022
00040 CONTRACTOR SHALL PROVIDE ALL PERSONNEL,
EQUIPMENT, AND SUPPLIES TO PERFORM REMOVAL OF
DISCONTINUED GAGE STATION NO. 02100500,
Location: Ramseur, NC per Attach A - Statement of
Work AND Attach A1 DBA# NC20220048
Product/Service Code: P500
Product/Service Description: SALVAGE- DEMOLITION
OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)
Requisition No: 0040581616
Delivery: 12/31/2022
00050 CONTRACTOR SHALL PROVIDE ALL PERSONNEL,
EQUIPMENT, AND SUPPLIES TO PERFORM REMOVAL OF
DISCONTINUED GAGE STATION NO. 02108000,
Location: Chinquapin, North Carolina per Attach A
- Statement of Work AND Attach A1 DBA# NC20220066
Product/Service Code: P500
Product/Service Description: SALVAGE- DEMOLITION
OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)
Requisition No: 0040581617
Delivery: 12/31/2022
00060 CONTRACTOR SHALL PROVIDE ALL PERSONNEL,
EQUIPMENT, AND SUPPLIES TO PERFORM REMOVAL OF
DISCONTINUED GAGE STATION NO. 02108100,
Location: Tillery, NC per Attach A - Statement of
Work AND Attach A1 DBA# NC20220064
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
5 45
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140G0122Q0222
Product/Service Code: P500
Product/Service Description: SALVAGE- DEMOLITION
OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)
Requisition No: 0040581618
Delivery: 12/31/2022
00070 CONTRACTOR SHALL PROVIDE ALL PERSONNEL,
EQUIPMENT, AND SUPPLIES TO PERFORM REMOVAL OF
DISCONTINUED GAGE STATION NO. 02108100(SEE Attach
A - Statement of Work AND Attach A1 DBA#
NC20220064
Product/Service Code: P500
Product/Service Description: SALVAGE- DEMOLITION
OF STRUCTURES/FACILITIES (OTHER THAN BUILDINGS)
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Section B - CONTINUATION OF SOLICITATION/CONTRACT FORM B-1 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) B-2 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016) B-3 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) B-4 52.222-6 Construction Wage Rate Requirements. (AUG 2018) B-5 52.222-7 Withholding of Funds. (MAY 2014) B-6 52.222-8 Payrolls and Basic Records. (JUL 2021) B-7 52.223-6 Drug-Free Workplace. (MAY 2001) B-8 52.225-9 Buy American - Construction Materials. (NOV 2021) B-9 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. (JUN 2020) B-10 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) B-11 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) B-12 52.236-2 Differing Site Conditions. (APR 1984) B-13 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) B-14 52.236-5 Material and Workmanship. (APR 1984) B-15 52.236-6 Superintendence by the Contractor. (APR 1984) B-16 52.236-7 Permits and Responsibilities. (NOV 1991) B-17 52.236-8 Other Contracts. (APR 1984) B-18 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) B-19 52.236-10 Operations and Storage Areas. (APR 1984) B-20 52.236-11 Use and Possession Prior to Completion. (APR 1984) B-21 52.236-12 Cleaning Up. (APR 1984) B-22 52.236-13 Accident Prevention. (NOV 1991) B-23 52.237-1 Site Visit. (APR 1984) B-24 52.242-14 Suspension of Work. (APR 1984) B-25 52.243-5 Changes and Changed Conditions. (APR 1984) B-26 52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2022) B-27 52.246-12 Inspection of Construction. (AUG 1996) B-28 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996) B-29 52.246-21 Warranty of Construction. (MAR 1994) B-30 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) B-31 52.249-10 Default (Fixed-Price Construction). (APR 1984) B-32 1452.204-70 Release of Claims (JUL 1996) B-33 1452.228-70 Liability Insurance (JUL 1996) B-34 GS0231 Technical Liaison-Technical Direction (NOV 2014) B-35 GS1101 Contract Administration Office (JUL 2001) B-36 GS1126 Invoicing and Performance Statements (JUL 2001) B-37 GS1338 Notice to Government of Delays (JUL 2001) B-38 GS1440 Wage Determination Applicable (JUL 2001) B-39 52.215-1 Instructions to Offerors-Competitive Acquisition
Section C - CONTRACT CLAUSES C-1 52.204-13 System for Award Management Maintenance. (OCT 2018) C-2 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) C-3 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2021) C-4 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (MAY 2022) C-5 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021) C-6 52.247-34 F.o.b. Destination. (JAN 1991) C-7 52.252-2 Clauses Incorporated by Reference. (FEB 1998) C-8 GS0339 Green Acquisition (JUL 2018) C-9 GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013) C-10 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)
Section D - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS Section E - SOLICITATION PROVISIONS
E-1 52.204-7 System for Award Management. (OCT 2018) E-2 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) E-3 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
(NOV 2021)
E-4 52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020) E-5 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (NOV 2021) E-6 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2022) E-7 52.214-22 Evaluation of Bids for Multiple Awards. (MAR 1990) E-8 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)
E-9 GS2320 EVALUATION FACTORS
E-10 USGS2335 Evaluation Criteria
Section B - CONTINUATION OF SOLICITATION/CONTRACT FORM B-1 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
B-2 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016)
B-3 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)
The Contractor shall be required to (a) commence work under this contract within (7) DAYS calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (180) DAYS . The time stated for completion shall include final cleanup of the premises.
(End of clause)
* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
B-4 52.222-6 Construction Wage Rate Requirements. (AUG 2018)
B-5 52.222-7 Withholding of Funds. (MAY 2014)
B-6 52.222-8 Payrolls and Basic Records. (JUL 2021)
B-7 52.223-6 Drug-Free Workplace. (MAY 2001)
B-8 52.225-9 Buy American - Construction Materials. (NOV 2021)
(a) Definitions. As used in this clause-
Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means-
(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:
NONE
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction material description
Unit of measure Quantity
Price (dollars)*
Item 1:
Foreign construction material. ________ ________ ________
Domestic construction material. ________ ________ ________
Item 2:
Foreign construction material. ________ ________ ________
Domestic construction material. ________ ________ ________
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
(End of clause)
B-9 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (JUN 2020)
B-10 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)
B-11 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)
B-12 52.236-2 Differing Site Conditions. (APR 1984)
B-13 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)
B-14 52.236-5 Material and Workmanship. (APR 1984)
B-15 52.236-6 Superintendence by the Contractor. (APR 1984)
B-16 52.236-7 Permits and Responsibilities. (NOV 1991)
B-17 52.236-8 Other Contracts. (APR 1984)
B-18 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)
B-19 52.236-10 Operations and Storage Areas. (APR 1984)
B-20 52.236-11 Use and Possession Prior to Completion. (APR 1984)
B-21 52.236-12 Cleaning Up. (APR 1984)
B-22 52.236-13 Accident Prevention. (NOV 1991)
B-23 52.237-1 Site Visit. (APR 1984)
B-24 52.242-14 Suspension of Work. (APR 1984)
B-25 52.243-5 Changes and Changed Conditions. (APR 1984)
B-26 52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2022)
B-27 52.246-12 Inspection of Construction. (AUG 1996)
B-28 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)
B-29 52.246-21 Warranty of Construction. (MAR 1994)
B-30 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012)
B-31 52.249-10 Default (Fixed-Price Construction). (APR 1984)
B-32 1452.204-70 Release of Claims (JUL 1996)
After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.
(End of clause)
B-33 1452.228-70 Liability Insurance (JUL 1996)
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer.
The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$100,000 each person*
$100,000 each occurrence*
$100,000 property damage*
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.
*These amounts to be set by the Contracting Officer.
(End of clause)
B-34 GS0231 Technical Liaison-Technical Direction (NOV 2014)
(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.
(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the
Disputes Clause;
(4) Terminate, for any reason, the contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.
(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.
(d) The Technical Liaison assigned for this contract is:
Name: will be provided at time of award
Telephone Number: []
Email: []
Address Line 1: []
Address Line 2: []
Address Line 3: []
(e) Only the Contracting Officer may designate a different Technical
Liaison.
B-35 GS1101 Contract Administration Office (JUL 2001)
(a) This contract will be administered by:
U.S. Geological Survey
Insert Name of Acquisition Office: Reston Acquisition Branch
Attn: Sheryl Carriere
Address Line 1: 205 NATIONAL CENTER
Address Line 2: RESTON VA 20192
Address Line 3: []
Email: carrieres@usgs.gov
Telephone: 703-648-7393
(b) Written communications to the Administrative Contracting Officer shall make reference to the contract number and shall be mailed/emailed to the above address.
B-36 GS1126 Invoicing and Performance Statements (JUL 2001)
Invoicing and Performance Statements (Construction)
(a) A copy of each invoice submitted with an IPP payment request must be submitted to:
U.S. Geological Survey [ ]
Attn: [ ]
(b) Invoices for progress payments may be submitted no more frequently than monthly.
(c) Invoices for progress payments must be accompanied by a contract Performance Statement, which shall show in detail the estimated percentage of completion and value of completed performance for each separately priced line item or, if applicable, each of the significant construction categories contained in the approved Schedule of Prices.
(d) See clause 52.232-5 for certification requirements.
B-37 GS1338 Notice to Government of Delays (JUL 2001)
In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or date, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the contracting officer and the COR (if one has been designated), in writing, giving pertinent details.
This data shall be informational only in character. Notice under this provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.
B-38 GS1440 Wage Determination Applicable (JUL 2001)
In the performance of this contract, the contractor shall comply with the requirements of U.S. Department of Labor Wage Determination Numbers NC20220065 dated 2/25/22, NC20220020 dated 7/22/22, NC20220038 dated 7/22/22, NC20220048 dated 7/22/22, NC20220066 dated 2/25/22, NC20220064 dated 2/25/22, NC20220064 dated 2/25/22. The wage determinations are incorporated into this contract as Attachments (See CLINS for DBA applicable ).
B-39 52.215-1 Instructions to Offerors-Competitive Acquisition
The Contractor shall provide the following with its quotation package:
1. Quotation documentation as stated in the evaluation factors.
2. Multiple awards may be made if the Contracting Officer determines it to be economically advantageous to the Government. CONTRACTORS MAY SUBMIT PROPOSAL/OFFERS FOR SELECTED CLINS BASED ON ABILITY TO PROVIDE SERVICES (i.e. locality). WHEN COMPLETING THE SF1442, PRICE EACH LINE INDIVIDUALLY. A firm-fixed price for each CLINS
3. Completion of FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
Question Cutoff Questions relating to this Solicitation shall be presented by e-mail to carrieres@usgs.gov not later than close of business 3:00 p.m. EST on September 12, 2022. Questions should be worded so as to avoid disclosing bid strategies or proprietary solutions. The Government will evaluate the questions, and if needed, an Amendment will be issued with the questions received and their associated answers. If further questions arise following the outcome of answers provided to initial questions, the Contracting Officer has sole discretion to determine if a new question closing date will be required. If a new question closing date is approved, an amendment will be posted.
Quotation Submission The Government may award multiple firm-fixed-price type order resulting from this solicitation.
Quotes are required to be received in the contracting office no later than 3:00 P.M. EST on September 19, 2022. Quotes shall be emailed to carrieres@usgs.gov. The Government reserves the right to make award without discussions with offerors. The Government reserves the right to cancel the RFQ if in the Government¿s best interest.
Section C - CONTRACT CLAUSES C-1 52.204-13 System for Award Management Maintenance. (OCT 2018)
C-2 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)
C-3 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2021)
C-4 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (MAY 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (Contracting Officer check as appropriate.)
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] (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).
[ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[ ] (10) (Reserved)
[ ] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (SEP 2021) (15 U.S.C. 657a).
[ ] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (13) (Reserved)
[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 (NOV 2021) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (NOV 2016) of 52.219-9.
[ ] (iii) Alternate II (NOV 2016) of 52.219-9.
[ ] (iv) Alternate III (JUN 2020) of 52.219-9.
[ ] (v) Alternate IV (SEP 2021) of 52.219-9.
[ ] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-13.
[ ] (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).
[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).
[X] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (SEP 2021) (15 U.S.C. 637(m)).
[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).
[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[ ] (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[ ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).
[ ] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[ ] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
[ ] (ii) Alternate I (FEB 1999) of 52.222-26.
[ ] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (JUL 2014) of 52.222-35.
[ ] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (JUL 2014) of 52.222-36.
[ ] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[ ] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (OCT 2015) of 52.223-13.
[ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (JUN 2014) of 52.223-14.
[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
[ ] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (JUN 2014) of 52.223-16.
[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.
[ ] (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).
[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (41 U.S.C. 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).
[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).
[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 (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (APR 2003) of 52.247-64.
[ ] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (Contracting Officer check as appropriate.)
[ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219- 8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, 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 (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 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).
(xv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 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).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.
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