Sol_140G0223Q0043.pdf
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
GDB
DENVER CO 80225-0046
204 DENVER FEDERAL CENTER
PO BOX 25046
USGS OAG DENVER ACQUISITION BRANCH
0006366904 CODE 16. ADMINISTERED BYCODE
X
X
X
541380
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORGDB
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
02/07/2023 1700 ES
02/01/2023
303-236-9331Donald Downey (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140G0223Q0043
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 24 0040606088OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Mounds View MN 55112 2280 Woodale Drive USGS Minnesota Water Science Center
15. DELIVER TO
DENVER CO 80225-0046
204 DENVER FEDERAL CENTER
PO BOX 25046
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$16.50
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
USGS OAG DENVER ACQUISITION BRANCH
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)
CONTRACT
VENDOR SAM UEI: _________________________________
VENDOR POC EMAIL: _______________________________
The periods of performance are estimated for this solicitation. The actual periods of performance
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Donald Downey
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
begin on the date of award or otherwise negotiated.
00010 5-YEAR BASE PERIOD: Services, non-personal, to provide all analytical equipment, labor, travel, supervision, and materials (unless otherwise provided herein) necessary for contaminate
Analysis Services of Government provided water samples in accordance with the Performance-based
Work Statement (PWS) and the clauses and terms of this contract.
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Delivery: 11/30/2025
Period of Performance: 04/01/2023 to 11/30/2025
00020 OPTION FOR UP TO SIX MONTHS EXTENSION pursuant to
FAR 52.217-8: Services, non-personal, to provide all analytical equipment, labor, travel, supervision, and materials (unless otherwise provided herein) necessary for contaminate
Analysis Services of Government provided water samples in accordance with the Performance-based
Work Statement (PWS) and the clauses and terms of this contract.
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
24 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 24
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140G0223Q0043
(Option Line Item)
03/31/2028
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Period of Performance: 04/01/2028 to 09/30/2028
USGS POC:
CONTRACT: Don Downey, ddowney@usgs.gov
303-236-9331.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
140G0223Q0043
TABLE OF CONTENTS
Performance-based Work Statement (PWS)
QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
CLAUSES 7
Contract Type Performance Location GS0339 Green Acquisition (JUL 2018) GS0912 Effective Period of Contract (JUL 2001) GS1431Contract Maximum (JUL 2001)
GS1432 Contract Guaranteed Minimum (JAN 2020) GS0919 Legal Holidays (JUN 2021) GS1101 Contract Administration Office (JUL 2001) 1452.201-70 Authorities and Delegations. (SEP 2011) GS1430 Ordering Authority and Procedures (JUL 2001)
INSTRUCTIONS FOR PLACING MICRO-PURCHASE ORDERS:
PAYMENT TERMS
52.900S-1178 Wage Determination Incorporation (OCT 1997) 52.000S-5079 Technical Liaison - Technical Direction (OCT 1997) 52.900S-1006 Prevention of Malicious Code (MAR 2005) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (Dec
2022) 52.217-8 Option to Extend Services. (Nov 1999) 52.232-18 Availability of Funds. (Apr 1984) 52.237-3 Continuity of Services (Jan 1991) 52.247-34 F.o.b. Destination. (Nov 1991)
ADDING AND DELETING EQUIPMENT/SERVICES
GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013)
GS1364 NON-PERSONAL SERVICES AND SUPERVISION OF CONTRACTOR (SEP 2017)
GS1396 Release of Information (Jul 2001) GS1399 Ownership of Photographic Materials (JUL 2001)
GS1405 DUPLICATION AND DISCLOSURE OF CONFIDENTIAL DATA (JUL 2001)
GS1406 Confidentiality of Data (Oct 2005) DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (APRIL 2013)
PROVISIONS 22
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) Offeror Representations and Certifications 52.212-2 Evaluation - Commercial Items (OCT 2014) Additional Instructions to Offerors for the Submission of Responses
Performance-based Work Statement (PWS)
Organic Contaminants In Urban Stormwater Analysis Service
I. GENERAL INFORMATION
A. Introduction
The Department of the Interior (DOI) U.S. Geological Survey (USGS) Upper Midwest Water Science Center (UMid), Mounds View MN 55112 USA has a requirement for an Indefinite Delivery Indefinite Quantity (IDIQ) Contract for the analyses of various trace organic contaminants in urban stormwater samples using contaminant-dependent mass-spectrometry methods. The requirement for these analyses is needed to support a funded project in which the goal is to characterize the presence of trace organic contaminants in urban stormwater runoff and removal from biofiltration practices within the Minneapolis-St. Paul metropolitan area, Minnesota.
B. Background
Urban stormwater runoff is increasingly recognized as a potential important pathway of trace organic contaminants to the environment. Some trace organic contaminants may degrade water quality of receiving streams and may pose a hazard to aquatic biota. The fact that most trace organic contaminants are not regulated and that no centralized system exists to treat urban stormwater runoff (akin to wastewater treatment facilities), concerns regarding how stormwater runoff affects urban receiving streams are warranted. However, many resource managing entities use best management practices to manage urban stormwater runoff volumes. Water-quality benefits are often a secondary benefit and target more traditional contaminants such as nutrients and bacteria. Biofiltration is one type of best management practice that is often used in stormwater management;
water-quality benefits will vary depending on the type of biofiltration media that is used. Laboratory and mesocosm studies show promising results related to trace organic contaminant removal from different biofiltration media, however there are limited results from field monitoring. The UMid project will help fill data gaps by monitoring up to four biofiltration practices for select trace organic contaminants to characterize their presence in urban stormwater runoff and to evaluate removal from biofiltration.
The exact quantities of analyses are indefinite. To meet project objectives, UMid anticipates a requirement for the analyses of an estimated 75 samples of raw urban stormwater runoff and stormwater runoff that has been treated by biofiltration over a 3-5 year period.
C. Scope. Services, non-personal, to provide all analytical equipment, labor, travel, supervision, and materials (unless otherwise provided herein) necessary for analyses of various trace organic contaminants in urban stormwater samples.
D. Definitions/Applicable Documents
GC/MC: gas chromatography-mass spectrometry
LC-MS/MS: liquid chromatography with tandem mass spectrometry
QA/QC: quality assurance/quality control
II. WORK REQUIREMENTS
A. Technical Requirements.
The UMid Technical Liaison (TL) will document requested contaminant analyses for each sample using the contractor’s chain-of-custody documentation. Quantified concentrations of requested contaminants and laboratory quality-assurance results will be provided to the UMid TL in spreadsheet format.
All chemical analyses will be performed at the contract laboratory following approved (EPA or similar organization) methods with standardized QA/QC procedures followed. Standard QA/AC methods include analysis of blanks, duplicates, and appropriate internal control or reference material for each batch of chemical analyses, and include an initial calibration and continuing calibration verfication. Reporting will include a definition of all laboratory flags, information on sample detection, and a report of the QA/QC results provided with each batch of analyses.
The contract laboratory will extract and analyze specified contaminants using mass spectrometry-based methods according to established laboratory methods and quality-control specifications, depending on requested analysis.
1. When ordered, the contractor shall analyze octylphenol, nonylphenol, and nonylphenol ethoxylates in water samples by GC/MC
a. Analysis shall include the following contaminants, at a minimum:
nonylphenol, 4-nonylphenol monoethoxylate, 4-nonylphenol diethoxylate, and octylphenol
b. Reporting limits shall generally be <150 nanograms per liter
d. Recovery of surrogate compounds shall generally be within the range of 50-150%, and concentrations in laboratory blanks shall generally be below method detection limits
2. When ordered, the contractor shall analyze bisphenol A and analogues in water samples by LC-MS/MS
a. Analysis shall include the following contaminants, at a minimum:
bisphenol E, bisphenol F, bisphenol A, bisphenol AF, bisphenol B, and bisphenol S
b. Reporting limits shall generally be <10 nanograms per liter
d. Recovery of surrogate compounds shall generally be within the range of 50-150%, and concentrations in laboratory blanks shall generally be below method detection limits
3. When ordered, the contractor shall analyze organophosphate flame retardants in water samples by LC-MS/MS
a. Analysis shall include the following contaminants, at a minimum:
triethyl phosphate, tris(2-chloroethyl) phosphate, tripropyl phosphate, tris(2-chloroisopropyl) phosphate, tris(1,3-dichloro-2-propoyl) phosphate, triphenyl phosphate, tris(2,3-dibromopropyl) phosphate, tributyl phosphate, tricresyl phosphate, 2-ethylhexyl-diphenyl phosphate, tris(2-butoxyethyl) phosphate, tris(2-ethylhexyl) phosphate, tetrakis(2-chloroethyl) dichloroisopentyldiphosphate
b. Reporting limits shall generally be <200 nanograms per liter
d. Recovery of surrogate compounds shall generally be within the range of 50-150%, and concentrations in laboratory blanks shall generally be below method detection limits
B. Deliverables.
The contractor shall provide data, including metadata, environmental sample data, and relevant QA/QC data, to UMid in an electronic format such as Excel spreadsheet via email or other acceptable forms of delivery for the work product described in II.A. Environmental data will be provided with each result as a separate record (i.e., each sample will have multiple rows, with results for each contaminant on individual rows). Associated sample information (USGS station number, USGS station name, sample date, sample time, sample type) provided by UMid shall also be included in the data deliverable.
Contractor shall deliver analytical results for individual environmental and associated QA/QC samples to the
UMid TL within 6 months from the date of receipt at the laboratory.
III. SUPPORTING INFORMATION
A. Place of Performance.
Contractor’s designated laboratory.
B. Period of Performance
Base Period: 04/01/2023 to 03/31/2028 Option for up to 6 months extension (FAR 52.217-8)
C. Government Furnished Property (GFP)
None.
D. Special Considerations.
Analytical data shall be provided in a format (Excel or similar) so that data for each separate analyte in individual samples is in its own row. Other columns in the output shall include at a minimum, the USGS station number, sample number, analytical batch number, units of concentrations, etc. USGS will own the data and have distribution rights for USGS use of the data.
QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
The contractor is responsible for laboratory quality control. The Government is responsible for quality assurance. The following QASP describes how the Government will monitor and inspect the contractor’s performance to assure that the quality standards and time standards required for acceptable performance are met or exceeded.
The TL will review the data for completeness and ensure all required deliverables are provided in Excel format.
The Government’s TL, Contracting Officer’s Technical Representative (COTR/COR) may submit blind samples, including the analysis of replicates, and will evaluate their consistency using known published analytical results. Should it be deemed necessary, a USGS scientist will be permitted to visit the laboratory facility to view the materials handling and measurement workflow of the contracting lab.
DATA RIGHTS
The USGS will reserve all rights to data generated by the awarded laboratory for samples submitted.
CLAUSES
Contract Type
This is an Indefinite Delivery, Indefinite Quantity (IDIQ) Contract.
The Task Orders and Micro-purchase Orders from this contract will be Firm-Fixed-Price contracts.
Applicable clauses from this IDIQ contract will transfer to this IDIQ contract’s Task Orders and Micro-purchase Orders.
Performance Location
Contractor’s specified location.
GS0339 Green Acquisition (JUL 2018)
The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:
Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/
Biobased Products are described at http://www.biopreferred.gov/
Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.
Environmentally Preferable Computers are described at http://www.epeat.net
Significant New Alternatives Program (SNAP) are described at http://www.epa.gov/snap/overview-snap
The Comprehensive Procurement Guidelines promote the use of recovered and recycled products at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program
Water efficient products and services are described at https://www.epa.gov/watersense
(End of clause)
GS0912 Effective Period of Contract (JUL 2001)
The effective period(s) for placing orders under this contract is/are as follows:
Contract Periods Effective Period (Estimated) Basic Contract Period 05/01/2023 to 04/30/2028 Option 52.217-8 up to 6 months From 05/01/2028 for up to 6 months.
(End of clause)
GS1431Contract Maximum (JUL 2001)
The total amount of all orders placed under this contract shall not exceed $249,999.99.
(End of clause)
GS1432 Contract Guaranteed Minimum (JAN 2020)
(a) During the effective contract period, the Government shall order at least the stated minimum quantity for each individual line item. If no minimum quantities are stated, the Government shall order quantities totaling a minimum of $3,000.00. The guaranteed minimum applies only to the base contract period and does not apply separately to option periods.
(b) Unless specifically identified as minimums, the quantities shown are estimates only and are not purchased hereby. In the event the Government's needs for items under this contract do not result in orders in the amounts or quantities described as ""estimated"", such event shall not constitute the basis for an equitable price adjustment under this contract.
(c) If the Government fails to place orders for the minimums computed under paragraph (a), above, the contractor will not be entitled to payment of the contract price for the unordered quantities but will be entitled to damages suffered as a result of the Government's failure to order the minimum quantity. If the Government notifies the contractor, prior to expiration of the contract ordering period, that the contract minimum will not be required, such action will constitute a Termination for Convenience of the Government, and the Contractor will be entitled to recover under the Termination for Convenience clause of the contract.
(d) If the Government fails to order the contract minimum during the stated contract period, any options to extend the contract for additional periods are rendered void.
(End of clause)
GS0919 Legal Holidays (JUN 2021)
The following legal holidays are observed by this Government agency:
New Year's Day January 01 Martin Luther King's Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth, Independence June 19 Independence Day July 04 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25
When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.
In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by Federal Statute, Executive Order, or Presidential Proclamation.
(End of Clause)
GS1101 Contract Administration Office (JUL 2001)
(a) This contract will be administered by:
U.S. Geological Survey Denver Acquisition Branch
Attn: Donald Downey Email: ddowney@usgs.gov Telephone: 303-236-9331
(b) Written communications to the Administrative Contracting Officer shall make reference to the contract number and shall be mailed to the above address.
(End of clause)
1452.201-70 Authorities and Delegations. (SEP 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 the time of award.
The COR will be responsible for technical monitoring of the contractor’s performance and deliverables.
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 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)
GS1430 Ordering Authority and Procedures (JUL 2001)
A. The name(s) listed as the government contact(s) and the undersigned contracting officer are the only individuals authorized to make Micro-Purchase Orders for services under this contract/purchase order. Micro-Purchase Orders accepted by the vendor from anyone other than stated may result in nonpayment for services rendered.
B. Individuals authorized to make Micro-Purchase Orders:(At the time of award, the micro-purchase threshold for services is $10,000.00 per transaction.): TBD
1) [ ]
2) [ ]
3) [ ]
4) [ ]
C. Task/Delivery Orders for purchases between the Micro-Purchase Threshold and the Simplified Acquisition Threshold (At the time of awards: $10,000.00 - $250,000.00) Limit per Transaction: (Contracting Officer):
By issuance of a Form 347 Purchase Order from either
1. Donald Downey, Contracting Officer (CO) or
2. Any warranted CO from the Denver Acquisition Branch.
(End of Clause)
INSTRUCTIONS FOR PLACING MICRO-PURCHASE ORDERS:
Individuals authorized to make Micro-Purchase Orders shall contact the contractor by email, telephone or in person and place the order. The following information is given to the contractor:
a. Name, phone number, and mail code of individual authorized to make the order;
b. Contract number and the Micro-Purchase Order number assigned;
c. The location of where the supplies will be delivered.
d. Authorized individuals making the Micro-Purchase are required to ask the contractor to state any offered discounts for their supply or service on their monthly summary invoice.
e. Authorized individuals making Micro-Purchase Orders shall inform the contractor that the Contract number and the Micro-Purchase Order/order number is to appear on their monthly summary invoice.
PAYMENT TERMS
Payments may be made via Government Purchase Card or Treasury’s Invoice Payment Platform (IPP).
a. Payment for Micro-Purchase Orders/Order less than the Micro-Purchase Threshold may be paid by Government Purchase Card.
b. Requests for Payments for Task/Delivery Orders at or above the Micro-Purchase Threshold shall be processed in accordance with the Treasury’s IPP invoicing system. Paid under the Prompt Payment Act, 30 days in arrears.
(End of clause)
52.900S-1178 Wage Determination Incorporation (OCT 1997)
In the performance of this contract, its Micro-Purchase Orders, and its Task/Delivery Orders, the contractor shall comply with the requirements of the prevailing U.S. Department of Labor (DOL) wage determination (WD) effective on the effective date of Micro-Purchase Order or Task/Delivery Order. The DOL WD is determined by contractor’s services location, county/state, found at https://sam.gov/content/wage-determinations .
(End of clause)
52.000S-5079 Technical Liaison - Technical Direction (OCT 1997)
(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.
https://sam.gov/content/wage-determinations
(d) The Technical Liaison assigned for this contract is: TBD
(e) Only the Contracting Officer may designate a different Technical Liaison.
(End of Clause)
52.900S-1006 Prevention of Malicious Code (MAR 2005)
(a) Definitions
Malicious code is a computer code developed for the purpose of causing some form of intentional damage to computer systems or networks. Malicious code may be a complete program or code imbedded in software programs that appear to provide useful functions. The term includes computer viruses and other destructive programs, such as "Trojan Horses" and network "worms."
(b) The contractor must have in place an anti-virus procedure to ensure that media supplied is uncontaminated by malicious code.
(c) The contractor is required to scan all delivered software to insure it is free of malicious code prior to its installation or operation on USGS-owned computers or contractor-owned computers connected to USGS computer systems or networks. Contractors using diagnostics software disks or connecting to a non-USGS computer while performing repairs or upgrades to a USGS computer will scan the serviced computer's drive(s) to insure they are free of malicious code upon completion of the service call, or prior to return of serviced equipment, if servicing is performed off-site.
(End of clause)
52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/ https://www.acquisition.gov/far/
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan 2017) 52.204-12 Unique Entity Identifier Maintenance. (Oct 2016) 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) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2021) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021)) 52.223-5 Pollution Prevention and Right-to-Know Information. (May 2011) 52.223-10 Waste Reduction Program (May 2011) 52.227-14 Rights in Data – General (May 2014) 52.227-17 Rights in Data – Special Works (Dec 2007) 52.227-18 Rights in Data – Existing Works (Dec 2007) 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Nov 2021) 52.233-1 Disputes (May 2014)
(End of clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (Dec 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:
http://farsite.hill.af.mil/ https://www.acquisition.gov/far/
(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:
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
_x_ (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.)
_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-
282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
_x_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_x_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (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 (Oct 2022) ( 15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (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 2022) ( 15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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 (Oct 2022) ( 15 U.S.C. 637s).
__ (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 (Oct 2022) ( 15 U.S.C.
657f).
_x_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 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 Concerns (Oct 2022) ( 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 (Oct 2022) ( 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) ( 15U.S.C. 637(a)(17)).
_x_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
_x_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_x_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_x_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (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) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 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 (Jun2014) 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 (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103- 182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 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. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 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. 3805).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C.
4505, 10 U.S.C. 3805).
_x_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 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).
_x_ (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:
_x_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
_x_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_x_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
_x_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
_x_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, 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 2022) ( 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 2015) (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. Subtitle A, Part V, Subpart G Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 Option to Extend Services. (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor before the contract expires.
(End of clause)
52.232-18 Availability of Funds. (Apr 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.237-3 Continuity of Services (Jan 1991)
(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to --
(1) Furnish phase-in training; and
(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.
(b) The Contractor shall, upon the Contracting Officer’s written notice,
(1) furnish phase-in, phase-out services for up to 90 days after this contract expires and
(2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required.
The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer’s approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.
(d) The Contractor shall be reimbursed for all…
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