Sol_140G0224Q0154.pdf
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- HON OBSERVER/GROUNDS MAINTENANCE Federal contract opportunity
- Solicitation number
- 140G0224Q0154
About this file
This document is a Request for Quotation (RFQ) for grounds maintenance and observatory support services for the Honolulu (Ewa Beach) Magnetic Observatory, operated by the U.S. Geological Survey (USGS) Geomagnetism Program. The contractor will be responsible for performing weekly observatory tasks such as absolute observations, equipment monitoring, and facilities maintenance, as well as unscheduled tasks as needed. The period of performance is 5 years, from September 1, 2024 to August 31, 2029, with annual option periods. Award will be made to the offeror whose quotation, conforming to the solicitation, is the lowest price technically acceptable. Evaluation factors include the offeror's experience and past performance. This is a small business set-aside procurement.
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140G0224Q0154
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
07/29/2024 0040663969
1 40
PO BOX 25046
204 DENVER FEDERAL CENTER
DENVER CO 80225-0046
USGS OAG DENVER ACQUISITION BRANCH
Multiple
303 236-9332Yvette Sornberger
08/01/2024 1430 MD
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Period of Performance: 09/01/2024 to 08/31/2029
00010 Base Year - Grounds Maintenance - Honolulu (Ewa Beach) Magnetic Observatory.
Product/Service Code: S216 Product/Service Description: HOUSEKEEPING-
FACILITIES OPERATIONS SUPPORT
Period of Performance: 09/01/2024 to 08/31/2025
00011 Base Year - HONOLULU Observatory - see attached Statement of Work Product/Service Code: S216 Product/Service Description: HOUSEKEEPING- Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 40
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140G0224Q0154
FACILITIES OPERATIONS SUPPORT
Period of Performance: 09/01/2024 to 08/31/2025
00020 Option Year One (1) - Grounds Maintenance -
Honolulu (Ewa Beach) Magnetic Observatory.
(Option Line Item)
Product/Service Code: S216
Product/Service Description: HOUSEKEEPING-
FACILITIES OPERATIONS SUPPORT
Period of Performance: 09/01/2025 to 08/31/2026
00021 Option Year One (1) - HONOLULU Observatory - see attached Statement of Work
(Option Line Item)
Product/Service Code: S216
Product/Service Description: HOUSEKEEPING-
FACILITIES OPERATIONS SUPPORT
Period of Performance: 09/01/2025 to 08/31/2026
00030 Option Year Two (2) - Grounds Maintenance -
Honolulu (Ewa Beach) Magnetic Observatory.
(Option Line Item)
Product/Service Code: S216
Product/Service Description: HOUSEKEEPING-
FACILITIES OPERATIONS SUPPORT
Period of Performance: 09/01/2026 to 08/31/2027
00031 Option Year Two (2) - HONOLULU Observatory - see attached Statement of Work
(Option Line Item)
Product/Service Code: S216
Product/Service Description: HOUSEKEEPING-
FACILITIES OPERATIONS SUPPORT
Period of Performance: 09/01/2026 to 08/31/2027
00040 Option Year Three (3) - Grounds Maintenance -
Honolulu (Ewa Beach) Magnetic Observatory.
(Option Line Item)
Product/Service Code: S216
Product/Service Description: HOUSEKEEPING-
FACILITIES OPERATIONS SUPPORT
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 40
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140G0224Q0154
Period of Performance: 09/01/2027 to 08/31/2028
00041 Option Year Three (3) - HONOLULU Observatory -see attached Statement of Work
(Option Line Item)
Product/Service Code: S216
Product/Service Description: HOUSEKEEPING-
FACILITIES OPERATIONS SUPPORT
Period of Performance: 09/01/2027 to 08/31/2028
00050 Option Year Four (4) - Grounds Maintenance -
Honolulu (Ewa Beach) Magnetic Observatory.
(Option Line Item)
Product/Service Code: S216
Product/Service Description: HOUSEKEEPING-
FACILITIES OPERATIONS SUPPORT
Period of Performance: 09/01/2028 to 08/31/2029
00051 Option Year Four (4) - HONOLULU Observatory - see attached Statement of Work
(Option Line Item)
Product/Service Code: S216
Product/Service Description: HOUSEKEEPING-
FACILITIES OPERATIONS SUPPORT
Period of Performance: 09/01/2028 to 08/31/2029
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Statement of work:
Clauses Incorporated by Reference. (FEB 1998)
Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (APR 2013)
GS1131 – Unilateral Deobligation Of Unexpended Funds (may 2013)
52.217-8 Option to Extend Services. (NOV 1999)
52.217-9 Option to Extend the Term of the Contract. (MAR 2000)
52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (MAR 2015)
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (JAN 2019)
52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015)
GS1362 Nonpersonal Services. (DEC 2001)
GS1363 Nonpersonal Services – Independent Contractor. (DEC 2001)
52.000s-5078 TECHNICAL LIAISON – TECHNICAL DIRECTION (OCT 1997)
52.212-3 Offeror Representations and Certifications-Commercial Items. (DEC 2014)
Certification Regarding a Felony Conviction Under Any Federal Law or an Unpaid Federal Tax Liability.
(FEB 2012)
Evaluation Factors
This solicitation will utilize the policies contained in the Federal Acquisition Regulations (FAR) Part 12 in conjunction with the policies and procedures for solicitation evaluation and award prescribed in FAR Part 13, Simplified Acquisition Procedures, as appropriate for this acquisition.
Award will be made to that offeror whose offer, conforming to the solicitation, is the lowest price technically acceptable offer. A technically acceptable offer will meet or exceed all the attached requirements.
Statement of work:
A. BACKGROUND
The Geologic Hazards Science Center (GHSC) conducts research and operations in geology, geophysics, seismology, engineering seismology, geomagnetism, and geomechanics in order to assess seismic hazards and risk, geomagnetic hazards, and ground-failure hazards on regional, national, and international scales. The mission of the USGS Geomagnetism Program is to monitor the Earth’s magnetic field. Using ground-based observatories, the program provides continuous records of magnetic field variations covering long timescales; disseminates magnetic data to various governmental, academic, and private institutions; and conducts research into the nature of geomagnetic variations for purposes of scientific understanding and hazard mitigation. The USGS operates a network of fourteen geomagnetic observatories in the continental U.S., Alaska, Puerto Rico, Hawaii, and Guam. The purpose of this contract is to have contractor support available to help operate and maintain the Honolulu (Ewa Beach) Magnetic Observatory.
Services required by the contractor will vary from about 50 to 60 hours per month, depending on the level of repairs and adjustments needed at the observatory. The contractor’s primary responsibilities will be to perform absolute observations and to assist in keeping the observatory operations equipment running as close to a 24 hours/7 days per week operational schedule as possible. Secondary responsibilities include grounds and facilities maintenance.
B. PERFORMANCE WORK STATEMENT
The contractor shall perform the following support tasks for the Honolulu Magnetic Observatory. Work shall be compliant with established operating procedures available on the USGS network and located in documents on site. Independently, and not as an agent of the Government, the contractor shall:
Subtask A: Weekly observatory tasks – approximately 15 hours per month:
1. Check the USGS Geomagnetism Program web-based data plots (Geomag Plots) to verify the operation of the data acquisition system as instructed by the USGS Technical Liaison (TL).
2. Monitor temperature stability of the variations building using temperature plots displayed on the Geomag Plots webpage.
3. Make DI flux Absolute observations (at least four sets per measurement) according to USGS guidelines.
4. If original absolute observations do not appear to be of the quality required by USGS standards, the Contractor shall re-perform those absolute measurements as requested by the USGS TL or other USGS Geomagnetism Program representative.
5. Scan and file the original observation form in the observatory files. Compute Absolute and Baseline measurements within 24 hours. Review Baseline Summary, checking for the quality of observations as instructed. On occasion the observer may be requested to email their absolute data sheets to the Golden office.
6. Check facilities for noticeable damage and report to USGS TL within 24 hours.
7. Report by email and telephone any equipment malfunctions or unusual conditions to USGS TL within 4 hours after malfunction is detected.
8. Ensure that Absolute measurements are made approximately every seven days
(between every 6 and 9 days is acceptable).
9. Coordinate with the USGS TL, in advance, if Contractor will be out of town or unavailable (such as vacation) for more than 72 hours.
10. Provide minor support for other projects at the observatory, such as facilitating access to the observatory grounds and buildings, if requested by USGS TL or Facility Manager.
11. Send and receive packages as required by USGS.
12. Check observatory voicemail and USGS email (if applicable) upon each visit to the observatory.
13. Maintain a satisfactory facility condition and ensure the facility presents a clean, neat, and professional appearance. The Contractor shall:
• Sweep or vacuum the floors in the Absolutes and Electronics Buildings at least twice per year, or more frequently as needed, to maintain a neat and tidy appearance.
• Clean all windows in Absolutes building at least twice per year, so that the views to the azimuth mark from any pier are unobstructed.
• Maintain office in a neat and orderly fashion: file or recycle paperwork; keep desktops clean; keep mail and office supplies stored in an orderly fashion.
• Periodically clean computer monitors and keyboards as needed.
• Report to USGS Facility manager any identified facilities-related issues that are beyond the scope of this task.
Subtask B: Unscheduled – as needed, approximately 4 to 10 hours per month:
Unscheduled – as needed:
1. Perform minor troubleshooting, repairs, and adjustments to obsRIO and magnetometers as requested by the USGS TL.
2. If original observations do not appear to be of the quality required by USGS standards as instructed or as requested by the USGS TL, the contractor shall re-perform those absolute observations.
3. Perform minor maintenance items as directed by USGS TL.
Absolute Observations Guidelines and Optimum Schedule:
Measurements are made every seven days for a total of 52 observations each year. If circumstances do not permit observations on a scheduled day, the schedule should be adjusted so that observations are made either, one to three days prior to the scheduled day, or as soon as possible after the scheduled day. The subsequent observations should then be made on the day that would maintain the original seven-day schedule. For example, if the scheduled observations were delayed by two days, it would have been nine days since the last observations. The next observations should then be made five days later, to return to the original schedule. Observations should not be made more frequently than every three days unless instructed by the USGS TL. Vacation and/or time away from the observatory that is coordinated in advance with the USGS TL may allow the total number of observations to be adjusted to less than 52 per year.
The following procedures are important for quality absolute measurements, therefore the contractor shall:
• Remove all ferrous metal from the observer’s body, clothing, and footwear and keep the Absolute building free of ferrous metals.
• Level the theodolite.
• Focus the cross hairs in the telescope prior to sighting on the correct point of the azimuth mark. Focus the telescope on the mark as clearly as possible.
• Declination measurements: The Vertical circle must be set at exactly 90 or 270 degrees before nulling. The instrument will be nulled to 0.0 nT and the time of the null should be noted to the second.
• Properly compute the Magnetic Meridian.
• Leave the theodolite circle locks in an unlocked position when the instrument is not being used.
Subtask C: Maintenance and Groundskeeping: approximately 25 - 35 hours per month:
The contractor shall, as part-time caretaker, facilitator and coordinator, perform requested grounds-keeping, maintenance, and coordinative support requirements. USGS will provide fuel, maintenance parts, and repair parts. Vendor shall provide the following services at least monthly, or as needed:
Note: Contractor is responsible for providing fuel needed to provide the groundskeeping services.
Contractor shall provide the following services at least monthly, or as needed:
1. Provide summaries or brief reports of observatory activities, work progress, maintenance completed, maintenance needs, etc. on an as needed basis to the Facility Manager. The reports shall include written text, lists of maintenance needs, and/or photographs with captions. If a more formal report is required, the USGS FM will make a request with 2-4 weeks advance notice.
2. Cut, trim, and maintain to a suitable appearance (as determined by the USGS FM) all the yellow bordered lawn areas, road pathways, trees, and bushes of the Honolulu Observatory’s 94 acres as shown in Addendum Figure 001.
a. Patrol and inspect perimeter road (green pathways) monthly to ensure the fence, main gate, and site security are maintained. Report any fence, gate, property damage, and/or security issues to the FM.
b. Pick-up trash in the yellow and green areas bi-annually.
c. As needed, in the green area, trim back vegetation to allow for perimeter road inspections and surveillance.
3. All debris, branches, leaves, grass cuttings, cut trees, and stumps shall be removed from the premises.
4. Dead trees shall be cut with chainsaw at or below ground level and removed from the premises.
5. Contractor shall use power tools as much as possible to accomplish the work. Hand cut only when absolutely necessary. Area previously cut by machete shall be maintained with a brush hog or powered trimmer.
6. Contractor shall identify, meet with, request bids, and inspect work from companies as requested by the FM.
7. Inspect exterior of all seven buildings (ET Building, HIPS, AWIPS, Absolutes, Variations, Office, and Vault) weekly and inside all the buildings monthly (Reference Section View A).
a. Report any building damages or issues to the FM.
8. Contractor shall inspect the grounds and buildings weekly and inside buildings monthly.
9. Contractor shall submit to the FM receipts for all purchases to be reimbursed by the government.
The contractor shall notify the USGS Geomagnetism group by email with a list of times when grounds crew is working near any of our sensor buildings. Contractor shall consult with USGS representative before each month’s grounds work is started to decide which work will be done.
The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property.
However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this contract.
C. CONTRACTOR TRAINING
A “Training Guidelines” document will be provided. This document shall be used as guidance in performing Absolute observations. On at least an annual basis, specialized refresher training will be provided to the contractor by a government employee during a site visit to the observatory. Contractor will be available for 4-8 hours of training during the government employee visit.
The contractor shall submit a written request for prior approval of the USGS TL and the Contracting Officer to attend any training class not specified in this task order. Currently training is not an authorized CLIN, but the Government will issue a unilateral modification to this order if training costs are anticipated.
D. PHYSICAL DEMANDS AND OTHER REQUIREMENTS
Work is primarily split between a laboratory and office setting and times when outside landscaping or maintenance repairs will expose the vendor to inclement weather. Work also requires delicate use of tools, meters, recording devices, and computers in order to maintain, repair, adjust, and calibrate the equipment. Outside work will require the use of power tree, bush, shrub cutting equipment, as well as exposure to flammable liquids (gasoline and motor oil).
E. QUALITY ASSURANCE PLAN AND SURVEILLANCE
The Quality Assurance Plan focuses on key performance measures that are central to successful magnetic observatory work and have the highest potential for having an adverse impact on observatory operations [if not performed as required].
Performance Measure
QA Objective Acceptable Quality Level
Inspection Technique
Absolute Observations
Perform one set of absolute observations approximately every 7 days
52 observations per year, minus excused absences
• Tally of number of absolute observation files
Timely submittal of baseline calculations to USGS
90% of baseline computations submitted within 24 hours of observation
• Review of dates of file submissions
Equipment Operations
Equipment malfunctions or unusual conditions are reported promptly
90% of equipment problems are reported within 4 hours of discovery
• Review of daily reports and observer emails
Observatory Maintenance and Groundskeeping
Provides observatory buildings and grounds maintenance
Facilities and grounds are maintained in good condition and deficiencies promptly reported
• Review of reports and photos sent to USGS Facilities Manager and inspections during site visits by USGS personnel
Figure 001
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://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html
52.212-4 -- Contract Terms and Conditions -- Commercial Items (OCT 2018)
52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification.
(AUG 2018)
52.232-39 – Unenforceability of Unauthorized) Obligations. (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)
Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (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, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
Copy of contractor’s internally generated invoice
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.
GS1131 – Unilateral Deobligation Of Unexpended Funds (may 2013) The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer.
After 120 days has passed since the expiration of the performance period, the government reserves the http://www.acquisition.gov/far/ right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.
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 prior to the expiration of the contract.
52.217-9 Option to Extend the Term of the Contract. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor prior to the contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (MAR 2015)
(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (JAN 2019)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (Oct 2015) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
__X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
_X__ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (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.)
___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Jun 2014) of 52.223-13.
___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.
chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 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).
___ (7) 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).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(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, 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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627).
(xii) 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.)
(xiii) 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)
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.
13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015)
(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
GS1362 Nonpersonal Services. (DEC 2001) This contract is a “nonpersonal services contract” as defined in FAR 37.101. It is therefore, understood and agreed that the contractor and/or the contractor’s employees: (1) shall perform the services specified herein as independent contractors, not as employees of the government; (2) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the CO, or the duly authorized representative of the CO as is necessary to ensure accomplishment of the contract objectives.
GS1363 Nonpersonal Services – Independent Contractor. (DEC 2001)
The Government and the Contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations. Both parties agree to each of the following:
a. Contractor personnel under this contract shall not be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.
b. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.
c. Payments by the Government under this contract are reported to the IRS as payments to an independent contractor. The contractor is responsible for making payments of estimated taxes, Federal Insurance Contributions Act (FICA) and Medicare contributions, and other applicable federal, state and local taxes applicable to this income, directly to the relevant taxing authority.
d. The contractor is not entitled to workman’s compensation benefits by virtue of this contract.
e. The entire consideration and benefits to the Contractor for performance of this contract are contained in the provisions for payment under this contract.
f. It is the Contractor’s, as well as, the Government’s responsibility to monitor contract activities and notify the Contracting Officer if either party believes that the intent of this clause has been or may be violated.
52.000s-5078 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, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.
(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.
(d) The Technical Liaison assigned for this contract is:
Given at time of award
U.S. Geological Survey
(e) Only the Contracting Officer may designate a new Technical Liaison.
52.212-3 Offeror Representations and Certifications-Commercial Items. (DEC 2014) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(a) Definitions. As used in this provision-
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except-
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-
(1) Is…
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