Sol_140L2622Q0015.pdf
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
LDA
BOISE ID 83709
1387 S. VINNELL WAY
BLM ID STATE OFC HR&ADMN (ID953)
0004276379 CODE 16. ADMINISTERED BYCODE
X
X
X
115310
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDA
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
05/15/2022 1200 MS
03/15/2022
2083733911Thomas Parsons (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140L2622Q0015
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 43 0040570287OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
SALMON ID 83467
1206 SOUTH CHALLIS STREET
BLM-ID SALMON FIELD OFFICE*
15. DELIVER TO
BOISE ID 83709
1387 S. VINNELL WAY
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$8.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
BLM ID-STATE OFC HR&ADM SVC (ID953)
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Delivery: 08/01/2022 Period of Performance: 07/01/2022 to 08/01/2022
00010 Henry Creek (lop & scatter,hand pile, hinging) Product/Service Code: F014 Product/Service Description: NATURAL
RESOURCES/CONSERVATION- TREE THINNING
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Thomas Parsons
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
43 2 of
SOLICITATION NO: 140L2622Q0015
TITLE: HENRY CREEK ASPEN RESORTATION
INFORMATION TO PROSPECTIVE QUOTERS
This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L2622Q0015. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2022-04. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115310. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $20.5 Million.
No Site Visit will be held
Due Date: 05/15/2022, 1200 MST. Quotes will be accepted via email at tparsons@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.
In accordance with this Solicitation Section 4 - Solicitation Provisions
See FAR 52.212-2 Evaluation - Commercial Items
The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work.
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?
NOTE: SUBMIT ONLY REQUESTED ITEMS ABOVE, NOT THE ENTIRE SOLICITATION
https://www.sam.gov/
TABLE OF CONTENTS
Section 1: Solicitation/Contract Form See Standard Form 1449
Section 2: Contract Clauses 11
Section 3: List of Documents, Exhibits, and Other Attachments 25
Section 4: Solicitation Provisions 27
SECTION 1: BID SCHEDULE
Item
no. Item Description
Estimated Quantity
Unit of Measure Unit Price Total
Henry Creek (lop and scatter, hand pile, hinging)
111* Acre $ $
TOTAL (ALL OR
NONE) $
*GIS Calculated Quantity Total Estimated Acres: 111 acres Estimated Start Date: 7/1/2022 Period of Performance: 30 working days
Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.
Note: This Solicitation is “All or None”
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
1. Introduction: The Salmon Field Office (SFO) of the Idaho Falls District, Bureau of Land Management (BLM) is acquiring forestry management services to treat vegetation to improve aspen (Populus tremuloides) stand health in the Henry Creek watershed.
2. Background: The project area consists of aspen stands with conifer encroachment from Douglas-fir (Pseudotsuga menziesii), ponderosa pine (Pinus ponderosa), and Rocky Mountain juniper (Juniperus scopulorum). The main goal of the Henry Creek Aspen Restoration Project is to rejuvenate and restore quaking aspen stands. Chainsaws, other hand tools, and pile burning in areas of heavy fuel loads will be used to achieve project goals.
3. Purpose: The purpose of the Henry Creek Aspen Restoration Project is to improve aspen health and wildlife habitat. The Contractor will furnish all tools, labor, supervision, equipment, materials, supplies, transportation, training and incidentals necessary to accomplish the removal of trees and treatment of slash in accordance with the specifications provided.
4. Scope of Work: The objective of this project is to reduce conifer encroachment within aspen stands.
The thinning is intended to reduce Douglas-fir, ponderosa pine, and Rocky Mountain juniper from within aspen stands to increase resources available for aspen.
5. Location of Project Areas: The Henry Creek Aspen Restoration Project area is located in T 20N, R 21E, sections 14, 15, 22, 23, 26. The project is located approximately nine miles southwest of the town of Salmon.
6. Project Boundary Marking: The location and access to the areas are shown on the work location and project location maps. The project areas will be identified by flagging, if requested by the contractor.
Project areas may also be marked by changes in vegetation, roads, topography changes, or streams. If these types of project area boundaries are used, the contractor will be notified. The boundaries can be adjacent timber stands, recent harvest units, or other natural or manmade features that clearly define the boundary as noted on the project area maps.
7. Access: Legal public access to the project area will be identified on a map prior to the contractor starting the implementation phase. Seasonal road closures may exist (contractor will be notified of closures upon award). Contractor will assume responsibility for any additional access if desired. If roads or any type of access become subject to damage, because of adverse weather conditions or other natural and or political reasons, the COR will relay information to the contractor, and a Stop Work Order may be implemented by the CO until other access can be decided.
8. Notification of Cessation or Restart of work: The Contractor will notify the Contracting Officer's Representative (COR) whenever he/she intends to cease operations for three or more days and will notify the COR before starting operations after a shutdown of three or more days.
9. Personnel Requirements: The crew is responsible for maintaining a safe working environment following OSHA standards. The Contractor must attend the pre-work meeting and provide a written performance plan including crew size prior to beginning work.
10. Crew Foreman: A crew foreman must be on-site directing work at all times. This person will also serve as an on the ground contact person for the COR/PI. Failure to maintain a crew foreman will result in suspension of work until a crew foreman is provided. A maximum of five (5) days will be allowed to produce a qualified foreman. Failure to produce a qualified on-the-ground foreman within five days may result in the Contracting Officer (CO) issuing a Suspend Work Order. CO and COR must be informed of any changes in Crew Foreman.
11. Detailed Unit Information: The Henry Creek Aspen Restoration Project area consists of aspen, Douglas-fir, Rocky Mountain juniper, a variety of riparian trees and shrubs. The total acreage for all units is 111 acres. Because of the scattered nature of the vegetation, not all acres within the established boundaries of the unit will require the same amount of labor to achieve the specifications outlined below. It shall be the responsibility of the Contractor (i.e., knowledge and experience of the crew leader) to determine the quantity of work needed to meet specifications identified in this SOW.
12. The project area is accessible by four-wheel drive trucks and by walking up to 1.5 miles. An ATV or UTV is highly recommended for access to this project area. Vehicles shall only be permitted on authorized routes.
13. Work Camps: Camping on agency-administered lands will not be allowed.
14. Douglas-fir, ponderosa pine, and Rocky Mountain juniper cutting:
There are three different treatment types for the project: cut and pile, hinging, and lop and scatter. The location for each treatment type has been identified on the project map.
Specifications applicable to all treatment types:
Within 50 feet of Henry Creek:
(a) All live Douglas-fir, Rocky Mountain juniper, and ponderosa pine less than or equal to eight inches diameter at breast height (DBH) shall be completely severed with the stump height not to exceed 4 inches on the uphill side.
(b) No live limbs shall be left on the stumps of cut trees. All cut trees with a DBH greater than four inches shall be limbed and bucked into four-foot lengths.
(c) All branches shall be completely severed from the bole before scattering.
(d) If the tree is within one tree length of Henry Creek, the tree shall be felled into the stream and not limbed or bucked.
(e) If the tree is not within one tree length of Henry Creek, it shall be lopped and scattered. Lopped material shall not exceed 18 inches in depth.
More than 50 feet from Henry Creek:
(f) All live Douglas-fir, Rocky Mountain juniper, and ponderosa pine less than or equal to 12 inches DBH shall be completely severed with the stump height not to exceed 4 inches on the uphill side.
(g) No live limbs shall be left on the stumps of cut trees. All cut trees with a DBH greater than four inches shall be limbed and bucked into four-foot lengths.
(h) All branches shall be completely severed from the bole before scattering.
(i) Lopped material shall not exceed 18 inches in depth.
Specifications Applicable to Cut and Pile Treatment (13 acres):
(a) In the areas identified by the BLM (see map), trees shall be cut following the specifications listed under “Specifications applicable to all treatment types.”
(b) All hand piles shall be constructed at least 150 feet away from Henry Creek.
(c) Hand piles shall not be covered.
(d) All slash between one and eight inches in diameter and greater than or equal to four feet in length shall be piled. Slash less than one inch or more than ten inches in diameter and less than four feet in length shall be left on the ground. Slash left on the ground shall not exceed 18 inches in depth.
(e) Piles will be constructed so they are tightly woven together, air space free, and dirt free. The piles will consist of a mixture of small diameter and larger diameter material (needles, stems, and boles).
(f) All piles shall be constructed by laying limbs, stems, cut boles, and other slash in the pile so as to be triangular in shape. Slash that causes large air spaces in piles shall be cut to eliminate air spaces. Each pile shall include an area of small sized slash (small branches less than 1/4 to 1/2 inch in diameter and/or small branches with needles or leaves attached) to provide "kindling" for prompt ignition and to aid in combustion of larger slash. These fuels shall be placed in the center of the pile.
(g) Unless approved by the COR, maximum pile size shall be 7 feet in diameter by 5 feet in height and a minimum of 6 feet in diameter by 4 feet in height.
(h) Piles shall not be closer than 10 feet to leave trees or 25 feet to a unit boundary, unless approved by the COR. Slash shall not be piled or placed on logs or stumps, in roadways or drainage ditches, or within channel bottoms or streams.
Specifications Applicable to Hinging Treatment (5 acres):
(a) In areas specified by the BLM, Douglas-fir trees will be hinged.
(b) Douglas-fir trees shall be cut 3-4 feet above the ground and felled, while maintaining some connection between the trunk and stump.
(c) Trees would be hinged in a way that creates a natural fence around the perimeter of an aspen stand.
(d) All trees that can’t be hinged shall be lopped and scattered
Specifications Applicable to Lop and Scatter Treatment (93 acres):
(e) In areas specified by the BLM, conifer trees shall be lopped and scattered following the specifications listed in “Specifications applicable to all treatment types.”
15. Protection of Improvements: The COR may order a cessation of work if vehicles are operated on roads within the work area when ground or weather conditions cause or lead to loss of traction. Such conditions usually develop where frozen ground is thawing, when snow is melting, and during or immediately following rainstorms. Any soil and ground disturbance caused by equipment during and after operations will be rehabilitated.
16. Work hours under this contract shall be limited to the time between one-half hours before sunrise to one-half hour after sunset each day. No work will be done on legal National Holidays unless authorized by the COR.
17. Salvage Rights: No salvage will be allowed.
18. Weed prevention: To prevent the spread of invasive weeds, all vehicles and equipment will be cleaned before being used on the project.
19. Fire Prevention:
Primarily for purposes of fire prevention and control, the Contractor shall comply with the following provisions:
A. The Contractor shall comply with all the applicable Idaho State Fire Prevention Laws, Rules, Regulations, and Standards.
B. Prior to starting operations during a closed fire season or periods of high fire danger, the
Contractor shall prepare a fire prevention and fire control plan to the satisfaction of the COR.
C. Provide and maintain in good repair on the contract area the following equipment for use during a closed fire season or periods of high fire danger:
i. Firefighting tools shall be kept at vehicle staging areas or at such other place(s) as the
COR shall designate whenever employees of the Contractor are working on the contract area. All firefighting tools shall be identified, organized, and easily accessible to all Contractor employees. The fire tools shall be in good condition, be tight on strong handles, and have sharp cutting edges. There shall be at least one (1) tool for each Contractor employee working on the contract area. Three-fourths (3/4) of all fire tools shall be shovels, hoes, or other scraping tools. The fire tools shall be used only for fighting fire.
ii. A shovel in good condition with not less than a three (3) foot handle and a blade not less than seven and three-quarters (7 3/4) inches wide shall be within fifty (50) feet of any power saw when in operation.
iii. Two (2) back-pack pumps at each vehicle staging area to be kept full of water and in good operating condition.
iv. A serviceable chemical fire extinguisher of at least eight (8) ounces minimum capacity shall be carried during a closed fire season or period of high fire danger by each saw operator using a power saw on the contract area. Such fire extinguisher shall be filled and in operating condition and shall at all times be immediately available to the operator when the saw is being fueled or the motor of the saw is running. Any fueling of a power saw shall be done in an area which has first been cleared of all flammable material.
Power saws shall be moved at least twenty (20) feet from the place of fueling before the engine is started. A shovel shall be available with each gas can when refueling. Each power saw shall be equipped with an exhaust system and a spark arresting device.
The CO may require additional fire tools and fire equipment as the fire danger may warrant.
20. Designation of Contracting Officer’s Representative: The CO shall designate the COR and project inspectors. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documentation executed by the CO prior to completion of the contract.
21. Interested parties should take reasonable steps to ascertain the nature and location of the contract area and the work to be completed, as well as the general and local site conditions which can affect the work and cost of performance. Failure to take the actions described in this paragraph will not relieve the Contractor from the responsibility of properly estimating the difficulty and cost to successfully perform the work, or from successful completion of the work without additional expense to the Government. For further information, please contact Hannah Alverson at halverson@blm.gov or 208- 756-5402.
22. Prework Conference: Prior to the commencement of work, a pre-work conference will be arranged with the Contractor to discuss the contract terms and work performance requirements.
INSPECTION AND ACCEPTANCE SECTION:
1. Inspection:
(a) The Government COR and/or PI will make periodic inspections as a basis for acceptance and payment and recommendations for adjustments in work quality while work is in progress. The Contractor is encouraged to participate in inspections while they are being conducted.
(b) As the basis for payment, inspections for compliance with specifications will be made for work units reported as completed by the contractor. All plots will be averaged together to determine payment.
(c) A combination of Ocular or Physical Inspections will be made on a series of plots located at different intervals across each work unit. A sufficient number of plots will be taken to obtain at least one percent sample of the work unit.
(d) The following information will be recorded for each plot inspected if more than 10 percent of the treated area has these items found in them. The treated areas will get a failing grade if:
1. Stumps taller than 4 inches are present
2. Severed trees are not bucked into four-foot lengths
3. Live limbs are left on the stump mailto:halverson@blm.gov
4. Piles are not tightly, tightly woven together and do not meet the maximum and minimum size requirements
5. Slash is not reduced to within 18 inches of the ground
2. Determination of Work Quality Percentage:
Work quality percentages are derived from data developed from inspection plots. The final work quality percentage times the bid price determines the pay. A work quality percentage of 90 percent or higher will result in full payment. If any of the reasons stated above in the Inspection section part (d) are the primary reason for unsatisfactory work, the Contractor shall rework areas designated by the Government until satisfactory work quality is obtained.
3. Acceptance:
(a) Satisfactory Work Quality: A minimum work quality standard of 90 percent is required.
(b) Unsatisfactory Work Quality: Based on inspection results, if the work quality percentage falls below
90 percent, the Contracting Officer will immediately notify the Contractor in writing and instruct the Contractor to improve the quality of the work. The contractor may ask for a meeting between themselves, CO and COR and PI to discuss a resolution. If the quality of the work is not raised to an acceptable level within two consecutive workdays after written notification or within time decided at the meeting, the Contracting Officer may issue a stop work order and/or Termination of Contract.
(c) Final payment shall not be granted until project is complete to the satisfactory quality standard.
GOVERNMENT-FURNISHED PROPERTY
The Government will provide the following items to the Contractor:
(a) Provide various USGS 7.5-minute quadrangles (1:24,000 scales) or GIS equivalent with clear cut unit boundaries clearly identified.
(b) A BLM Representative (COR and/or PI) will be available for technical guidance and when inspection is requested by the contractor. Regular communications between the BLM representatives and the contractor will alleviate any problems or delays.
PERFORMANCE PERIOD
THE ESTIMATED DATES FOR THIS PROJECT ARE:
Start Date: July 1, 2022 End Date: August 1, 2022
SECTION 2 - CONTRACT CLAUSES
1. 52.252-2 Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far#
52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2021) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts
(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.223-6 Drug-Free Workplace (May 2001) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989)
2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Jan 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __ (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 https://www.acquisition.gov/browse/index/far#
(JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved] XX (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
__ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv) Alternate III (JUN 2020) of 52.219-9.
__ (v) Alternate IV (SEP 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).
XX (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)).
XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
XX (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
__ (ii) Alternate I (JUL 2014) of 52.222-35.
XX (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.
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)
(E.O. 13496).
XX (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).
__ (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.
XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (41 U.S.C.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.
__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XX (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 Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
XX (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. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
__ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).
XX (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) (29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
XX (7) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).
XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
3. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.
L.115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
4. 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 the Interior Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
CONTRACT ADMINISTRATION DATA
1. 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.
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