Sol_140L1223Q0096.pdf

140L1223Q0096

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

08/21/2023 0040623285

1 34

2800 COTTAGE WAY, SUITE W-1834

SACRAMENTO CA 95825

BLM CA-STATE OFC BUS SVC BR (CA944)

Multiple

BLM-CA ALTURAS FIELD OFFICE

708 W 12TH

ALTURAS

CA 96101

916 978-4441Kevin Sotelo

09/08/2023 1500 PD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 09/30/2023 to 09/29/2028

00001 JUNIPER MAINTENANCE CONTRACT PHASE 2

Susila treatment unit and the total acreage to be treated is 558 acres. In accordance with attached

PWS.

Product/Service Code: F004 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028 Period of Performance: 09/18/2023 to 09/30/2028

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 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L1223Q0096

00002 JUNIPER MAINTENANCE CONTRACT PHASE 2

Willow Creek treatment unit and the total acreage to be treated is 971 acres. In accordance with attached PWS.

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

Period of Performance: 09/18/2023 to 09/30/2028

00103 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: North Stateline treatment unit and the total acreage to be treated is 235 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00104 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: South Stateline treatment unit and the total acreage to be treated is 110 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00105 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Cowhead treatment unit and the

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

3 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L1223Q0096 total acreage to be treated is 84 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00106 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Summit Spring treatment unit and the total acreage to be treated is 1,081 acres.

In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00107 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Express Canyon treatment unit and the total acreage to be treated is 562 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00108 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Dodge Bitterbrush treatment unit

4 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L1223Q0096 and the total acreage to be treated is 544 acres.

In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00109 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Cottonwood treatment unit and the total acreage to be treated is 1,038 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00110 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Starvation treatment unit and the total acreage to be treated is 145 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00111 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Upper Tuledad treatment unit and

5 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L1223Q0096 the total acreage to be treated is 932 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00112 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Cold Springs treatment unit and the total acreage to be treated is 1,568 acres.

In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00113 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Blue Door treatment unit and the total acreage to be treated is 301 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00114 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Ryegrass Swale treatment unit and

6 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L1223Q0096 the total acreage to be treated is 1,884 acres.

In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00115 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Williams Ranch treatment unit and the total acreage to be treated is 409 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00116 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Daisy Dean 1 treatment unit and the total acreage to be treated is 249 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00117 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Westside treatment unit and the

7 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L1223Q0096 total acreage to be treated is 4,836 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00118 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Silva Flat 1 treatment unit and the total acreage to be treated is 101 acres In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00119 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Silva Flat 2 treatment unit and the total acreage to be treated is 40 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00120 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Bryant Mountain treatment unit and

8 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L1223Q0096 the total acreage to be treated is 832 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

00121 JUNIPER MAINTENANCE CONTRACT PHASE 2

Optional Task: Hays Canyon treatment unit and the total acreage to be treated is 838 acres. In accordance with attached PWS.

After exercise of this option work must be completed within 60 of days

(Option Line Item)

Anticipated Exercise Date 1460

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 09/30/2028

U.S. Department of the Interior (DOI) Bureau of Land Management (BLM) Combined Synopsis-Solicitation Request for Quotation (RFQ) 140L1222Q0096

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INDEX

STANDARD FORM 18

COMBINED SYNOPSIS

CLAUSES

CLAUSES INCORPORATED BY FULL TEXT

Attachment(s) Table

PROVISIONS

PROVISIONS INCORPORATED BY FULL TEXT

PROVISIONS INCORPORATED BY REFERENCE

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STANDARD FORM 18

See Above SF 18 (Pages 1-9)

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COMBINED SYNOPSIS

The Bureau of Land Management (BLM), Applegate Field Office has a requirement for the purchase of services include cutting young juniper trees with handheld equipment such as chainsaws, loppers, and clippers within previously treated sage-steppe restoration projects, in accordance with the attached Request for Quotation (RFQ) 140L1223Q0096 and attachments.

This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR Subpart

12.6 and 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L1222Q0096.

This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2023-04.

This solicitation is a set-aside for small business under North American Industry Classification System (NAICS) code 115310 - Support Activities for Forestry with a size standard of $11.5 Million.

A site visit is scheduled on September 8, 2023 8:00 am PT please see attachment for additional information/rules prior to the site visit date.

Questions regarding this RFQ are due by 9/5/2023.

Quotations must be submitted via e-mail to ksotelo@blm.gov no later than close of business 09/08/2023, 3:00 PM P.T.

Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with Solicitation Section 4 - Solicitation Provisions see FAR 52.212-2 Evaluation - Commercial Items for evaluation criteria. Evaluation will be LPTA. See FAR 52.212-2 in the solicitation for more details.

The overall quote shall consist of a completed Standard Form 18, completed Bid Schedule, and a detailed work plan and schedule that demonstrates the capability to meet the technical aptitude of the Statement of Work (SOW).

To expedite the handling of your quotation, please check the following items:

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

SUBMIT ONLY REQUESTED ITEMS NOT THE ENTIRE SOLICITATION

https://www.sam.gov/

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CLAUSES

CLAUSES INCORPORATED BY FULL TEXT

Contractor Performance Assessment Reporting System DEC 2015

FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award.

Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should a) provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

The following guidelines apply concerning your use of the past performance evaluation:

Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Clause)

DOI-AAAP-0028 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

14 | P a g e 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:

1. Contractor’s Official Invoice

2. Invoice date and Government Contract Number

3. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local 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 time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

1. Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

2. Waive or agree to modification of the delivery schedule;

3. Make any final decision on any contract matter subject to the Disputes Clause;

4. Terminate, for any reason, the Contractor's right to proceed;

5. Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

https://www.ipp.gov/

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(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 Local Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

(JUN 2023)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (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 items:

[x] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Nov 2021), 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 (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].

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

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

[_] (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

[_] (9) 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).

[X] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

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[_] (10) [Reserved].

[_] (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

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

[X] (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

[_] (13) [Reserved]

[_] (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.

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

[_] (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

[_] (ii) Alternate I (NOV 2016) of 52.219-9.

[_] (iii) Alternate II (NOV 2016) of 52.219-9.

[_] (iv) Alternate III (JUN 2020) of 52.219-9.

[_] (v) Alternate IV (JUN 2020) of 52.219-9

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

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

[X] (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637(a)(14)).

[_] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[_] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

[_] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

[_] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

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

[_] (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

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

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

[X] (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 items as prescribed in 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).

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[_] (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) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

[X] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[_] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

[_] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (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 Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[_] (57) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (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).

[_] (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. Appx. 1241(b) and 10 U.S.C. 2631).

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

[_] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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[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).

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

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

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

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

[X] (7) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

[X] (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 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).

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

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

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

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

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

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

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

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

(xii) 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.

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

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 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.

(xxiii) 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.

(End of clause)

52.252-2 Clauses Incorporated by Reference February 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):

www.Acquisition.gov

(End of clause)

52.252-6 Authorized Deviations in Clauses NOV 2020

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Interior Acquisition Regulation Supplement (DIARS) (48 CFR

14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause) http://www.acquisition.gov/

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CLAUSES INCORPORATED BY REFERENCE

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS Dec 2022

52.202-1 DEFINITIONS JUNE 2020

52.203-3 GRATUITIES APR 1984

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS JUNE 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER

JUNE 2020

52.204-4 PRINTED OR COPIED DOUBLE SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR AUG 2020

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED

OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

Nov 2021

52.217-8 Option to Extend Services NOV 1999 52.232-39 Unenforceability of Unauthorized Obligations JUNE 2013 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS Mar 2023

52.233-1 DISPUTES MAY 2014

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.242-15 STOP-WORK ORDER AUG 1989

52.243-1 CHANGES – FIXED PRICE AUG 1987

52.246-2 INSPECTION OF SUPPLIES – FIXED – PRICE AUG 1996

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

52.247-18 MULTIPLE SHIPMENTS APR 1984

52.247-34 F.O.B. DESTINATION NOV 1991

************END OF CLAUSES************

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Attachment(s) Table Number Description # of Pages 1 B08 Attachment 1 PWS Juniper Maintenance REV 7.24.23 21 2 B03 Attachment 2 WD Lassen County 2015-5679 rev 21 11 3 B03 Attachment 3 WD Modoc County 2015-5677 rev 21 11 4 B03 Attachment 4 WD Washoe County 2015-5595 rev 19 11 5 B08 Attachment 5 Site Visit Information 1

************END OF ATTACHMENTS************

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PROVISIONS

PROVISIONS INCORPORATED BY FULL TEXT

52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, evaluation will be based on Lowest Price Technically Acceptable (LPTA) in accordance with all the requirements and specifications. The following factors shall be used to evaluate offers:

• Meets all specifications and the requirements listed in the CLINS, Performance Work Statement, and all attachments

• Vendors provide technical approach plan to complete all required services outlined in the Performance Work Statement.

o Describe how you will complete the required tasks outlined in the PWS.

• Provide capability statement or history of performance that you have provided service for similar work

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items Nov 2021

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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 product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

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…