Sol_140G0223B0001.pdf
PDF 2 MB Posted
- Attached to
- NEW FENCE REPLACEMENT PROJECT Federal contract opportunity
- Solicitation number
- 140G0223B0001
About this file
This document is a solicitation for a fence replacement project at the US Geological Survey Newport Geomagnetic Observatory. The project involves demolishing an existing perimeter fence and installing a new 7-foot tall aluminum chain link fence along the same line. Key details include installing approximately 5,740 linear feet of fence with pressure treated wood posts and anti-climb mesh. The project also requires installing three man-gates, five magnetic gaps in the fence line, a solar powered motion sensor light, and approximately 50 "Keep Out" signs. The estimated project value is between $250,000 and $500,000. The solicitation is a total small business set aside under NAICS code 236220. The response deadline is September 28, 2023 and work must be completed within 90 days of notice to proceed.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140G0223B0001_Amd_0002.pdf | ||
| Questions_and_Answers_final_0002.docx | DOCX document | |
| Sol_140G0223B0001_Amd_0001.pdf | ||
| B03_WDOL_WA20230037_02-03-23.pdf | ||
| SF1413-13g.pdf |
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
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)
0040612815
USGS OAG DENVER ACQUISITION BRANCH
PO BOX 25046
204 DENVER FEDERAL CENTER
DENVER CO 80225-0046
GDB
Christopher Carter 303-236-9337
1x 08/14/2023
140G0223B0001
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
USGS Newport Geomagnetic Observatory Perimeter Fence Replacement Project
This requirement is a total small business set aside under NAICS code, 236220
Commercial and Institutional Building Construction, with a size standard of 45
Million.
The estimated project magnitude is between $250,000 and $500,000.
Pre-proposal questions shall be submitted no later than September 14, 2023, 1300
PDT. Submit questions only though email to Contracting Officer, cjcarter@usgs.gov.
Please note this is a request for proposal not an invitation for bid. Please send proposals to cjcarter@usgs.gov on or before September 28, 2023 by 1700 PDT
11. The Contractor shall begin performance within
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.)
15 90 calendar days and complete it within ________________ ________________ calendar days after receiving
09/15/2023
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. 8/2014)
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 DENVER ACQUISITION BRANCH
PO BOX 25046
204 DENVER FEDERAL CENTER
DENVER CO 80225-0046
GDB
Christopher Carter
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, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 3304(a)
STANDARD FORM 1442 (REV. 8/2014) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 70
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140G0223B0001
Delivery: 07/31/2023
Delivery Location Code: 0006366867
USGS Geologic Hazards Team
MS 966
Box 25046 Denver Federal Center
Denver CO 80225 US
Period of Performance: 10/01/2023 to 01/01/2024
00010 NEW FENCE REPLACEMENT PROJECT
Product/Service Code: Z2PZ
Product/Service Description: REPAIR OR ALTERATION
OF OTHER NON-BUILDING FACILITIES
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
TABLE OF CONTENTS
SECTION A – SOLICITATION / CONTRACT FORM
SECTION B – BID SCHEDULE
SECTION C – STATEMENT OF WORK / DRAWINGS
SECTION D – PACKING AND MARKING
SECTION E – INSPECTION AND ACCEPTANCE
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
SECTION F – DELIVERIES OR PERFORMANCE
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
52.211-13 Time Extensions (Sept 2000)
52.242-14 SUSPENSION OF WORK (APR 1984)
SECTION G – CONTRACT ADMINISTRATION DATA
1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)
1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (JUL 1996)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM (APR 2013) 22
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE
1452.203-70 RESTRICTIONS ON ENDORSEMENTS (JUL 1996)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR
PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES AND EQUIPMENT (NOV 2021)
1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR (APR 1984)
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2022)
52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) (DEVIATION OCT 2022)
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)
1452.228-70 LIABILITY INSURANCE. (JUL 1996)
52.236-2 DIFFERING SITE CONDITIONS (APR 1984)
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)
52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)
52.236-8 OTHER CONTRACTS (APR 1984)
52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS (APR 1984)
52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)
52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
52.236-12 CLEANING UP (APR 1984)
52.236-13 ACCIDENT PREVENTION (NOV 1991)
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT (JUL 1996)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (NOV 2020)
Local Clauses
GS1306 Performance and Payment Bonds (May 2003)
GS1338 NOTICE TO THE GOVERNMENT OF DELAYS (JUL2001)
GS1348 ACCIDENT REPORTING (APR 2003)
GS1354 LIST OF SUBCONTRACTORS (CONSTRUCTION) (JUL 2001)
PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J – LIST OF ATTACHMENTS
PART IV – REPRESENTATIONS AND INSTRUCTIONS
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
PROVISIONS INCORPORATED BY REFERENCE
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)
52.204-24 REPRESENTATIONS REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES AND EQUIPMENT (NOV 2021)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) .60
52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION (NOV 2021)
PROVISIONS INCORPORATED BY REFERENCE
52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS. (JUNE 1988)
1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION—DEPARTMENT OF THE INTERIOR (APR 1984)
52.216-1 TYPE OF CONTRACT (APR 1984)
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS (MAY 2014)
52.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (SEPT 2006) (DEVIATION) (JUL 1996)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
52.236-27 SITE VISIT (CONSTRUCTION) – ALTERNATE I (FEB 1995)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
EVALUATION
BASIS OF AWARD
SECTION A – SOLICITATION / CONTRACT FORM
Solicitation, Offer, and Award (SF-1442) - pages 1- 3 of this package.
SECTION B – BID SCHEDULE
Schedule: The contractor shall (a) commence work under this contract once given the Notice to Proceed (NTP) by the Contracting Officer, (b) prosecute the work diligently, and (c) complete all work 90 days from the NTP. The time for completion shall include final cleanup, reclamation of site, and punch list completion. The contractor shall work between the hours of 7-am and 6-pm daily. The contractor shall not be allowed to work on the weekends or Federal holidays without written permission from the CO. Contractor shall provide a request to work, on said days, in writing to the
CO.
SECTION C – STATEMENT OF WORK / DRAWINGS
Statement of Work
USGS Newport Geomagnetic Observatory Perimeter Fence Replacement Project
Background and Objectives
The Newport Magnetic Observatory was constructed in 1965 near Newport, Washington. The observatory’s grounds are located on U.S. Forest Service property and currently contain an occupied quarter, a garage, four magnetic observation buildings, and a seismic vault. The property includes 35 remote acres of heavily timbered land at the northern end of a country road. The Fence surrounds the site and measures approximately 5,740 lineal feet. The fence consists of two types of materials a four-foot-tall welded-mesh fabric mounted to driven steel fence posts, and an aluminum chain-link four-foot-tall chain link fence with three barbed wire standoffs. The existing fence is in poor condition due to animal damage and falling trees. The fence’s purpose is to provides site security to prevent trespassing and vandalism. The fence also provides the required buffer to keep people and animals away from the sensitive equipment housed in the buildings. The new purposed 7-ft fence height is hoped to deter elk from jumping the fence and damaging/compromising the fencing. The outside area adjacent to the fence is maintained by the USFS. This area is part of a trailhead that surrounds the site, which is used year-round.
Protection of the site’s property is essential in order not to negatively impact the nationally vital scientific data collected at the site. Therefore, it is the intension of the Government to contract a vendor to install a new and taller perimeter fence. One that is durable and of the same type and is more aesthetically appealing when compared to the surrounding forestry land. The fence will also be high enough to prevent bull elk from attempting to jump it and trespassers from attempting to climb it.
Project location
USGS Newport Magnetic Observatory 832 Geophysical Observatory Road Newport, WA 99156
USGS Points of Contact
Contract Officer (CO): Christopher Carter cjcarter@usgs.gov
Facility Manager (FM): Kristen Lewis USGS Geomagnetism Project & Facilities Manager klewis@usgs.gov, Coordinative Support (CS): Ted Schwab Newport Observatory Site Contactor tschwab1151@gmail.com , 509-991-4550 Cell Site Access
Access to the site will be coordinated through the FM or CS.
Scope of Work
Contractor Shall complete:
The resulting new fence, to the satisfaction of the government, shall be installed along the same existing fence line. Its purpose shall be to help reduce excessive disruptions to nationally important data and provide security and safety from animals and trespassers alike.
Installation Phase:
Contractor Shall:
Task 1: Conduct a site visit within 14 business days of the Notice to Proceed (NTP). Failure to meet this task will not eliminate the awarded contractor from the responsibility of completing the work to the satisfaction of the government.
a) Inspect and familiarize themselves with the existing fence line and surrounding landscape. The length of the fence line has been estimated at 5,740-foot. The contractor shall be required to verify actual lengths.
b) Determine the correct equipment and materials needed to complete the installation of the fence according to the scope of work.
c) Coordinate with site personnel on storage locations, sensitive instrument buildings, and site parking.
d) Ensure USGS is made aware of any possible changes that are not clarified in the project scope.
Task 2: Demolish existing fence within 30 business days of the NTP. Keep the existing main gate. it will be kept and reused for the new fence.
a) Remove all fence along the fence line except for the fence related to the front gate. No fence materials shall remain from the old fence.
b) Clear new fence line of any obstacles such as downfall vegetation, rocks, and other obstructions.
mailto:cjcarter@usgs.gov mailto:klewis@usgs.gov, mailto:tschwab1151@gmail.com
c) Excavate along the fence line to ensure a good level contour of land for the installation of the new fence. This will help avoid any large gaps between the fence mesh and the ground.
Task 3: Layout the new fence line within 45 business days of the NTP using existing perimeter line (Fig. 1).
a) Layout will be directly in line with the old fence line. No deviation from that line will be permitted without prior government written authorization.
i. Plan for non-ferrous type fence located within Exclusion Zone (Fig. 2).
ii. Plan to use aluminum anti-climb type mesh attached to pressure treated wood posts, non-ferrous staples, and non-ferrous fence hardware.
iii. All materials introduced within the Exclusion zone shall be submitted for review.
b) Plan for three man-gates on the north, south, and west fence-lines (Fig. 1).
c) Plan for five magnetic breaks or gaps along north, east, and south fence-lines (Fig. 1).
d) Plan for a main-gate motion sensor light. The light shall be solar powered. Task 4:
Install an estimated 5,740-foot of Fence within 85 business days of the NTP (Fig. 3):
a) Ensure the contour of the fence line’s grade is level and clear to allow for easy installation of the fence.
b) Install 6-inch diameter and 10-foot-long pressure treated pine wood-post (Posts shall have a 7-foot height above grade once installed) placed at 10-ft spacings.
i. Each fence posts shall be embedded into the ground using a 36-inch-deep minimum concrete footer for support.
c) Install anti-climb mesh firmly to the posts using staples or fencing wire.
d) Install one-wire barbed-wire on the pole caps. [All posts shall be treated with wood preservative (Example: Copper Naphthenate) below grade]. Confirm that the chosen wood preservative is acceptable for use in Newport area.
e) There shall be a gap, no larger than 2-inches, at the bottom of the fence between the grade and new fence mesh. Any gaps found to be larger than that, shall be corrected at no further cost to the government.
f) The fence will require bracing supports located at standard spacing (See Fig. 4 Spacing Guide for example).
Task 5: Install three man-gates on the north, south, and west fence-lines within 85 business days of the NTP (Fig. 1).
a) Each gate shall be made of pressure treated wood and shall be as tall as the new adjacent fence. The hinges and gate handles shall be made of durable material. Each gate shall have anti-climb mesh and cross supports. And the gates shall be lockable from the interior to prevent outside access (See Fig. 5 for example). None of the gates shall allow for outside access through the fence mesh or gate joints.
Task 6: Install five magnetic fence line gaps within 90 days from the NTP (Fig. 6).
a) Install 2-inch gaps along the fence line as shown on the Figure 1.
i. Anti-climb mesh shall be held short of the gap on each side. No mesh shall span across the 2-inch gap.
ii. Three braces shall be installed to allow for tensioning.
Task 7: Install solar powered motion sensor light at main-gate within 90 days from the NTP (Fig. 7).
a) A weather durable motion sensor solar light shall be installed along side of the main gate inside the property. It shall allow for the visibility of the gate key pad, the main gate systems, and the observatory sign.
i. The system shall be mounted on a durable 10-foot-high fiberglass pole.
a.The pole shall be solidly attached to a concrete pier or embedded into the ground according to manufacturer installation requirements.
ii. The light shall be a high quality solar powered light and it shall be easily maintained using local parts and support.
Task 8: Install government “Keep Out” signs every 200-foot within 90 business days of the NTP (Fig.
8).
a) Approximately 50 signs will be provided by the government for installation. Each sign will be place at 48-inches off the ground and centered between two posts. They shall be attached using sturdy fasteners at the top and bottom of the sign. Signs shall be placed straight up and down and shall be held tight in location. No loss hanging signs will be accepted. The CS can provide support for identifying the locations for the signs.
Special Contractor Requirements
List of Subcontractors:
For purposes of monitoring compliance with the insurance and payroll reporting requirements of this contract, the contractor shall furnish a list of all subcontractors to the Contracting Officer using attached form SF 1413. This list shall be sent with the performance and payment bonds.
Schedule:
The contractor shall (a) commence work under this contract once given the Notice to Proceed (NTP) by the Contracting Officer, (b) prosecute the work diligently, and (c) complete all work 90 days from the NTP. The time for completion shall include final cleanup, reclamation of site, and punch list completion. The contractor shall work between the hours of 7-am and 6-pm daily. The contractor shall not be allowed to work on the weekends or Federal holidays without written permission from the CO.
Contractor shall provide a request to work, on said days, in writing to the CO.
Transporting of Debris and Material:
All demolished materials and construction debris shall be removed from the work area and placed in an approved dumpster or removed from the site daily. At the end of the contract, all contractor debris and equipment shall be removed from the site. All debris and trash items, when removed from the site, will be transported and dumped according to National, Federal, State and Local regulations. Proof of disposal shall be provided to the CO as a deliverable at the close out of the project.
Food Storage and Sanitation:
The project will take place on US Forest land. To avoid attracting bears and other wildlife, all food, garbage, and other attractants shall be stored inside buildings, vehicles, or containers unless they are in immediate use outdoors. All food and sanitation trash and debris shall be removed completely from the project site, daily, to avoid any endangering site personnel.
Organization at the site:
1. The contractor shall provide a full qualified supervisor for this project to be on the work site at all times during construction.
2. The contractor shall be responsible at all times for the supervision and control of the employees that may be assigned to render services under the contract. Fully qualified personnel shall be available for work at project beginning and shall be maintained throughout the period of performance.
3. Limited parking space is available on site. Vehicles shall be limited to only company vehicles established and identified for contractor operations and supervisor use. Egress and ingress routes need to remain clear at all times to allow for emergencies.
4. Contractor is to provide toilet facilities for construction workers. Contractor is not to use the Owner's facilities. Bathrooms (Porta Johns) are to be located at the discretion of the onsite USGS Representative and/or Facility Manager. The contractor shall be responsible for making all arrangements for the receipt of materials and supplies at the job site. Government personnel are not permitted to receive or sign for items delivered to the site.
5. Upon completion of the contract, the contractor shall remove all equipment and excess materials, and shall restore the site to its original condition, as approved by the CO or Facility Manager, at no additional cost to the government.
Environmental Protection:
The contractor shall perform all work and activities in accordance with local, state, and federal environmental regulations.
Notice to the Government of Delays:
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, 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 any rights or remedies provided by law or under this contract.
Additional:
All work listed shall be coordinated with the CO and the Facility Manager. All work that will have to be done after hours or during the weekend, will have to be done at no additional cost to the government and with prior approval of the CO.
Because of the location on USFS land, there shall be no smoking on site at any time. Any smoke/fire related incidents/damage caused by smoking on site will be solely the responsibility of the contractor.
Indemnity:
The contractor shall confine all work to areas authorized or approved by the Contracting Officer. The contractor shall save and keep harmless and indemnify the Government against any and all liability claims, and costs of whatsoever kind and nature of injury to or death of any person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this contract.
All measurements shall be field verified and are the responsibility of the contractor.
Quality Assurance Plan and Surveillance for the Newport Fence Installation
The Quality Assurance Plan (QASP) focuses on key performance measures that are central to successful completion of magnetic observatory projects.
Performance Measure QA Objective Acceptable Quality Level
Inspection Technique
Conduct Site Visit Identify all areas of the fenceline project to include equipment needs.
General Contractor is made aware of the site conditions and what equipment will be needed.
CS will provide report stating compliance.
Coordinate with USFS and USGS on changes to scope.
No changes to the site occur without being approved by USFS or
USGS.
Written coordination and approval with USFS and USGS on any changes not clarified in the scope.
Demolish Existing Fence
The old fence is removed and discarded.
Fenceline is cleared and prepared for the new fence installation.
CS will provide pictures and ensure compliance via progress report.
Layout the new fenceline
The new fenceline is installed along old fenceline’s perimeter line.
The new layout is using the old fenceline’s perimeter line and does not deviate from line.
CS will provide pictures and ensure compliance via progress report.
Non-ferrous fence is installed at indicated location.
No ferrous materials are introduced within defined Exclusion Zone.
Materials will be approved through submittals to the FM
Install New Fence Install fence according to scope.
All facets of the fence shall be installed according to the scope of work.
CS will provide a punch- list to verify the fence is installed according to the work statement and the FM will approve it.
Install three man-gates
Three man-gates are installed on the north, south and west fenceline according to scope.
Three gates are installed and do not allow access from the outside.
CS will verify installation through Progress Reports and Punchlist.
Install fenceline gaps at five locations.
Ensure gap are installed properly at correct locations.
All gaps have been installed
CS will verify installation through Progress Reports and Punchlist.
Install motion sensor solar light.
Ensure light is installed and is functional.
A motion sensor light is installed according to scope.
CS will verify installation through Progress Reports and Punchlist.
Install Keep out Signs Install one sign every 200-ft as described in scope.
All signs have been installed properly and
CS will verify installation through are not tilted or fully connected.
Progress Reports and Punchlist.
Cleanup and restore Job site
Clean and restore the job site to the Governments satisfaction.
Site is restored and approved
CS will review and FM will approve the final result.
Remove all construction debris trash from the site.
All remnants of debris are removed and taken to State approved dump site.
General Contractor will provide disposal reports/receipts to
CO.
Figure 1: Perimeter Fence location
Figure 2: Exclusion Zone and Fence location
Figure 3: Purposed Fence Concept
Figure 4: Fence Bracing Examples and Guide (Inline and Corners)
Figure 5: Example Gate
Figure 6: Fenceline Gaps
Figure 7: Solar Light
Figure 8: Keep Out Sign
SECTION D – PACKING AND MARKING
No clauses included
SECTION E – INSPECTION AND ACCEPTANCE
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not—
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may—
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.
(End of clause)
SECTION F – DELIVERIES OR PERFORMANCE
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 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 90 days after receiving the notice to proceed. The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.211-13 Time Extensions (Sept 2000)
Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.
(End of clause)
52.242-14 SUSPENSION OF WORK (APR 1984)
(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
(c) A claim under this clause shall not be allowed—
(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting
Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and
(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
SECTION G – CONTRACT ADMINISTRATION DATA
1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.
The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, 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.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph
(e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of clause)
1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (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)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT
PLATFORM (APR 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. The IPP website address is: https://www.ipp.gov.
The contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park Service’s (NPS) Construction Management Representative (CMR) a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the CMR shall provide an acceptability recommendation to both the NPS Contracting Officer’s Representative (COR) and the contractor. If the CMR recommends acceptance, the contractor shall submit a copy of the final version of the CMR’s checklist and the Invoice Package to the NPS through IPP.
1. Completed copy of the CMR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP)
2. Completed copy of the Pay Estimate Form (including signed certification of subcontractor payments)
3. Completed copy of the Limitations on Subcontracting Report (Include if acquisition is being set-aside and clause 52.219-14 is included)
4. Information required by contract clause 52.232-27, Prompt Payment for Construction Contracts
5. A copy of the current construction schedule (refer to project specification section 013216)
6. A copy of the current Schedule of Values. (refer to project specification section 013216)
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 Boston (FRBB) 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 ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Clause) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to a clause’s full text.
52.202-1 DEFINITIONS (JUN 2020)
52.203-3 GRATUITIES (APR 1984)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)
52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)
52.203-8 CANCELLATION, RECESSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (MAY 2014)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN
2020)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS
OR STATEMENTS (JAN 2017)
52.204-4 PRINTED OR COPIED DOUBLE SIDED ON POSTCONSUMER FIBER CONTENT PAPER
(MAY 2011)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(JUN 2020)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV
2021)
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUNE 2023)
52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUB-CONTRACTING WITH
CONTRACTOR’S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV
2021)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV
2015)
52.215-2 AUDIT AND RECORDS-NEGOTIATIONS (JUN 2020)
52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997)
52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2022)
52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)
52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (Mar 2023)
52.222-3 CONVICT LABOR (JUN 2003)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS-OVERTIME COMPENSATION
(MAR 2018)
52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)
52.222-7 WITHHOLDING OF FUNDS (MAY 2014)
52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2021)
52.222-9 APPRENTICES AND TRAINEES (JUL 2005)
52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)
52.222-12 CONTRACT TERMINATION - DEBARMENT (MAY 2014)
52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIRMENTS AND RELATED
REGULATIONS (MAY 2014)
52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
52.222-26 EQUAL OPPORTUNITY (SEP 2016)
52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APRIL
2015)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (DEC 2010)
52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 14026 (JAN 2022)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
(JUN 2020)
52.223-21 FOAMS (JUN 2016)
52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)
52.224-2 PRIVACY ACT (APR 1984)
52.224-3 PRIVACY TRAINING (JAN 2017)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)
52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
(JUN 2020)
52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007)
52.227-17 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)
52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228-11 PLEDGES OF ASSETS (FEB 2021)
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (DEC 2022)
52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
52.232-17 INTEREST (MAY 2014)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT
(OCT 2018)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONTRACTORS (MAR
2023)
52.233-1 DISPUTES (MAY 2014) – ALTERNATE 1 (DEC 1991)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-4 CHANGES (JUN 2007)
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2023)
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
52.248-3 VALUE ENGINEERING – CONSTRUCTION (OCT 2020)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012),
ALT 1 (SEP 1996)
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
1452.203-70 RESTRICTIONS ON ENDORSEMENTS (JUL 1996)
The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.
(End of clause)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.
4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.
(End of clause)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV
2021)
(a) Definitions. As used in this clause— Covered article means any hardware, software, or service that–
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
Covered entity means–
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fuscode.house.gov%2Fbrowse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3&data=05%7C01%7CDane_Johnson%40nps.gov%7Ca990f0ff24554331c19208da2f998723%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C637874633686003181%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=gMYr0FU0HiQmDQpByxu8YAACMVrIP0kHjKC3zeDQwKc%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fuscode.house.gov%2Fbrowse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3&data=05%7C01%7CDane_Johnson%40nps.gov%7Ca990f0ff24554331c19208da2f998723%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C637874633686003181%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=gMYr0FU0HiQmDQpByxu8YAACMVrIP0kHjKC3zeDQwKc%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fpart-3%23FAR_3_908&data=05%7C01%7CDane_Johnson%40nps.gov%7Ca990f0ff24554331c19208da2f998723%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C637874633686003181%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=rbkF8f6l9acAdQqI%2FAXkLJ4JOeCzR%2BhlpBIL7eNYq2Q%3D&reserved=0…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .