Sol_140L3624Q0035.pdf

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BOX ELDER CREEK RESTORATION Federal contract opportunity
Solicitation number
140L3624Q0035
Issued by
Department of the Interior Bureau of Land Management

About this file

This document provides details for a federal contract opportunity for the Box Elder Creek Restoration project. The solicitation number is 140L3624Q0035 and is being issued by the Department of the Interior Bureau of Land Management. The opportunity is for restoration work along Box Elder Creek to address issues such as erosion control, bank stabilization, and habitat improvement. Response submissions should include the contractor's approach to performing the required restoration services. The anticipated period of performance is one year from award.

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Amendment_03_0003.pdf PDF
Sol_140L3624Q0035_Amd_0003.pdf PDF
Amendment_02_0002.pdf PDF
Sol_140L3624Q0035_Amd_0002.pdf PDF
Sol_140L3624Q0035_Amd_0001.pdf PDF
Attachment_2_-_Wage_Determination.pdf PDF
Attachment_3_-_Past_Performance_Reference_List.doc DOC document
Attachment_1-_Box_Elder_Restoration_PWS.pdf PDF

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140L3624Q0035

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

02/28/2024 0040649734

1 37

5001 SOUTHGATE DR.

BILLINGS MT 59101

BLM MT-STATE OFC(MT935)

12/30/2027

BLM-MT LEWISTOWN DISTRICT OFFICE

920 NE MAIN STREET

PO BOX 1160

LEWISTON

MT 59457

854 500-1840Jorge Alvarez

03/29/2024 1300 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 07/15/2024 to 12/30/2027

00010 Box Elder Creek Restoration Base Requirement - Reaches 1-2 (89-120 structures on 3.9 miles) Option 1 - Reaches 3-4 (71-100 structures on 3.5 miles) Option 2 - Reaches 5-6 (60-85 structures on 2.8 miles) Product/Service Code: F099 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER

Delivery: 12/30/2027

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)

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U.S. Department of the Interior (DOI) Bureau of Land Management (BLM) Combined Synopsis-Solicitation Request for Quotation (RFQ) 140L3624Q0035

COMBINED SYNOPSIS/SOLICITATION

INFORMATION TO PROSPECTIVE OFFERORS

The Bureau of Land Management (BLM), Montana/Dakotas State Office, has a need for implementing Low-Tech Process Based Restoration techniques (LTPBR) along 10 miles of Box Elder Creek in accordance with the attached Request for Quotation (RFQ) 140L3624Q0035 and attachments.

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

12.6 and 13.5 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 140L3624Q0035.

(ii) Solicitation Number 140L3624Q0035 is being issued as a Request for Quote (RFQ). This solicitation will utilize the policies contained in FAR Part 12, Acquisition of Commercial Items in conjunction with the policies and procedures for solicitation evaluation and award prescribed in FAR Part 13, Simplified Acquisition Procedures, as appropriate for this acquisition.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04 effective 2 June 2023.

(iv) This solicitation is being issued as a competitive small business set-aside. The North American Industry Classification System (NAICS) code associated with this solicitation is 541620, Environmental Consulting Services, with a size standard of $19 Million.

(v) See the attached Performance Work Statement (PSW) for detailed requirements. The Wage Determinations 2015-5397 for the area, Revision 21, dated 26 December 2023, is hereby incorporated into this combined synopsis/solicitation.

(vi) The services to be acquired through this combined synopsis/solicitation are for Box Elder Creek Restoration for BLM Montana/Dakotas State Office in accordance with the PWS and corresponding attachments.

(vii) Performance location and period of performance (POP) is detailed in the attached PWS for the requirement, starting the 15 July 2024 and ending 30 December 2027.

(viii) FAR Provision 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition. Potential offerors shall read and comply with all terms and conditions, see Addendum FAR 52.212-1 – Instructions to Offerors – Commercial Items for additional instructions.

(ix) FAR 52.212-2, Evaluation – Commercial Items, applies to this acquisition, see Provisions for detailed evaluation criteria. The basis of award will be based on two technical factors, past performance, and price.

(x) Offerors shall ensure that their Representations and Certifications are up to date in the System for Award Management (SAM) which can be accessed through https://www.sam.gov. Offerors shall ensure that this acquisition’s NAICS Code of 541620 is listed in FAR 52.212-3, Offeror Representations and Certifications – Commercial Items.

Even if offeror has an active SAM registration all offerors must 1) print, complete required entries and submit with their quote FAR provision 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment; and 2) Ensure FAR provision 52.204-26 Covered Telecommunications Equipment or Services- Representation is incorporated into their SAM Registration and if not, they must print, complete required entries, and submit with their quote.

If the offeror does not have an active SAM registration, offeror must print, complete the required entries, and submit with https://www.sam.gov/

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Request for Quotation (RFQ) 140L3624Q0035 their quote FAR Provisions 52.212-3, 52.204-24 and 52.204-26.

(xi) FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items applies to this acquisition.

(xii) FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition. See this clause for additional FAR Clauses marked with “X” showing they are applicable to this acquisition.

(xiii) Additional FAR clauses that apply to this acquisition are below. All FAR clauses will be incorporated into the successful offerors’ contract award. Additional provisions that apply to this acquisition are provided below. These provisions are incorporated into this solicitation but will not be incorporated into the successful offerors’ contract award.

(xiv) The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition

(xv) Quotes are due no later than 2 April 2024 at 1:00 p.m. Mountain Time. Quotes shall be submitted via electronic mail to the point of contact listed below.

(xvi) Interested parties may submit questions relating to this solicitation via electronic mail to the point of contacts listed below and are due no later than 1:00 p.m. Mountain Time, 7 days before combined synopsis/solicitation closes.

Questions received after the due date may not be answered.

An organized Site Visit has been scheduled for –

Date: 14 March 2024 Time: 10:00 AM Mountain Time Meeting Place: the Breaks General Store: 110 W Main Street, Winnett MT

Special Instructions: Coordinates for store 47° 00' 14.48" N, 108° 21' 04.42"W.

During the site visit, contractors will travel in their own vehicles. High clearance, four-wheel drive vehicles are recommended.

Point of Contact for Site Visit: Bonny Richard

Role/Title: Hydrologist, Contract Officers Representative Phone: (406) 538-1912 Email: bmrichard@blm.gov

The following individual is the points of contact for this combined synopsis/solicitation:

Jorge Alvarez Contracting Officer Bureau of Land Management Montana/Dakotas State Office jalvarez@blm.gov

(854) 500-1840 mailto:jalvarez@blm.gov

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Request for Quotation (RFQ) 140L3624Q0035

----------------------------Addendum to 52.212-1, Instructions to Offerors-Commercial (MAR 2023) --------------------------

INSTRUCTIONS TO OFFERORS:

Quotes must be in accordance with and in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in the respondent’s quote not being considered for award.

All interested parties shall be registered in the System for Award Management or SAM at time a quotation is submitted.

The offerors shall submit a quote to the contracting officer by email to jalvarez@blm.gov.

Offers shall submit the following information in its entirety:

The quote package shall consist of:

• Completed SF18

• Completed Representations and Certifications (See Section 4 for Fill-In Provisions)

• Technical Evaluation Information

• Past Performance Information

• Completed Price Schedule

• Short Cover Letter

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

❏ Is the unit price legible?

❏ Acknowledge all RFQ amendments by signing, dating the amendment and include it with your quote package ❏ Does your quote package include all the required information as listed above?

SUBMIT ONLY REQUESTED ITEMS NOT THE ENTIRE SOLICITATION

b) Price Schedule:

Item Number Description Price 1 Base Requirement – Reaches 1 - 2 $ 2 Option 1 – Reaches 3 - 4 $ 3 Option 2 – Reaches 5 - 6 $

Total $

c) Short Cover Letter:

Offerors Name: __________________________________________________________________

Offerors Address: ________________________________________________________________

Offerors Unique Entity Identifier (UEI): _______________________________________________

Offerors POC: ___________________________________________________________________

Offerors Phone/Email: _____________________________________________________________

Signature Verifying Quote: _________________________________________________________ mailto:jalvarez@blm.gov

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Request for Quotation (RFQ) 140L3624Q0035

A response to the following questions:

o Judgments, Claims, and Lawsuits: Are there any judgments, claims, and/or lawsuits pending or outstanding against or involving entity or partners comprising your entity?

o No ___, Yes ___. If “Yes,” submit details of all judgments or claims against either parent office or division/branch that will be responsible for the accomplishment of this project on a separate sheet.

o Is your entity or partners comprising your entity under suspension or debarment by any Federal, state or local agency, or been terminated on any past projects (Federal or others)?

o No ___, Yes ___. If “Yes,” submit details on a separate sheet.

o IAW FAR 52.209-7(b), the offeror [ ] has [ ] does not have current active federal contracts and grants with a total value greater than $10,000,000.

o IAW FAR 52.204-24(d), the offeror represents that it [ ] will [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

TECHNICAL

Subfactor 1 – Key Personnel

(a) The contractor shall provide detailed information on the proposed key personnel’s formal education, experience, and competencies as it relates to the work required under this solicitation. Each key personnel candidate should be clearly identified with their relevant qualifications. The following elements should be included in the Technical Subfactor 1 – Key Personnel submission:

1. Key Personnel Identification:

a. Full Name: Clearly state the full names of each key personnel candidate proposed for the contract.

b. Position: Specify the role or position that each key personnel candidate will fulfill within the project or contract.

2. Formal Education:

a. Academic Qualifications: Present a summary of the formal education and degrees obtained by each key personnel candidate.

Include details such as universities attended, degrees earned, majors, and any relevant certifications.

b. Continuing Education: Highlight any ongoing educational pursuits, specialized training, or professional development courses that are directly relevant to the scope of work.

3. Competencies and Skills:

a. Technical Expertise: Detail the technical skills and expertise possessed by each key personnel candidate that directly relate to the project's objectives.

b. Leadership and Management Abilities: Outline any leadership, management, or supervisory skills that demonstrate the key personnel's capability to effectively lead teams and manage project tasks.

c. Problem-Solving and Decision-Making Skills: Highlight examples of instances where the key personnel candidate has effectively solved complex problems or made critical decisions in their past roles specifically related to low-tech process based restoration.

Subfactor 2 – Schedule

(a) A schedule (Gantt or similar) shall be provided with exact dates and sequencing showing a chronological completion of tasks within the

Government specified period of performance (7/15/2024 thru 12/30/2027). The schedule shall indicate an understanding of the project requirements and utilize a logical approach to sequencing.

PAST PERFORMANCE

(a) The contractor shall furnish a list (no more than five) of Federal, State, local government or commercial projects similar in scope, complexity, and magnitude to the work required under this solicitation that the contractor has completed within the last five years. These projects must clearly demonstrate the contractor’s successful ability to accomplish projects in a timely and satisfactory manner. If an offeror intends to utilize subcontractors to perform any of the major components of work, all the requested information must be provided for each proposed subcontractor. The response must include the following information:

1. Project title.

2. Contract number (if applicable).

3. Description of work performed (Please include information showing relevancy in comparison to the Government’s requirement.

4. Capacity held (Prime, Subcontractor, key Personnel).

5. Original and final contract amount (Explain significant variations).

6. Original and final contract durations (Explain significant variations).

7. Owner and contact information.

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Request for Quotation (RFQ) 140L3624Q0035

a. Agency/Customer name.

b. Point of contact to include title, email, and telephone number.

8. Problems encountered and corrective actions take.

(b) Failure to provide required information may result in an unacceptable quote assessment.

(c) Past performance projects deemed not relevant will be rejected and not be considered. Projects deemed not recent (greater than five years) will be disregarded. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the proposed agreement when such information is relevant to this acquisition. The evaluation will also consider information provided relative to corrective actions taken to resolve problems on past or existing contracts. Offerors receiving a rating of No Confidence will not be considered for award.

(d) Offerors are advised that the Government may use data provided by the offeror and data obtained from other sources in the development of performance confidence assessments. Performance information on contracts not listed by the offeror or that of subcontractors may also be evaluated.

(e) The Government may contact references other than those identified by the offeror, and information received may be used in the evaluation of the offeror’s performance.

----------------------------------------------------------------End of Addendum to 52.212-1-------------------------------------------------------

52.212-2 Evaluation - Commercial Products and Commercial Services NOV 2021

PRICE AND PAST PERFORMANCE

Basis for Contract Award - Award will be made to the responsible firm whose quote is most advantageous to the Government, price and other factors considered. Other factors for this solicitation include Technical (Key Personnel and Schedule) and Past Performance. Non-price factors (technical and past performance) will be more important than price. An offeror receiving a rating of “Unacceptable” within the technical section or a rating of “No Confidence” in the past performance section, will not be considered for award.

TECHNICAL

SUBFACTOR 1 – KEY PERSONNEL

(a) The evaluation team will carefully review the information provided by each offeror in the Technical Proposal to assess the qualifications, experience, and competencies of the proposed key personnel. The evaluation will typically be conducted based on the criteria outlined below:

1. Review for Completeness: The evaluation team will first check each proposal for completeness. They will ensure that all the required information, such as formal education, experience, and competencies, has been provided for each proposed key personnel candidate.

2. Relevance to Scope of Work: The evaluation team will assess how well the qualifications and experiences of the proposed key personnel align with the specific tasks and requirements outlined in the scope of work. The more closely the candidates' expertise matches the project's needs, the higher the evaluation score will likely be.

3. Educational Background: The academic qualifications of the key personnel will be evaluated to determine if they have the necessary educational foundation to carry out the tasks effectively.

i. Formal education resulting in a graduate degree in hydrology or similar discipline (e.g., geomorphology, ecology, environmental management) plus at least 12 months of professional experience including similar duties as proposed in this contract., or

ii. Formal education resulting in a bachelor's degree in hydrology or similar discipline (e.g., ecology, geomorphology, environmental management) plus at least 24 months of professional experience including similar duties as proposed in this contract.

4. Problem-Solving and Decision-Making Skills: The evaluation team will look for evidence of strong problem-solving and decision-making abilities, especially in situations relevant to the project's challenges and complexities.

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Request for Quotation (RFQ) 140L3624Q0035

RATING DESCRIPTION

Superior The Key Personnel provided significantly exceeds the Government’s requirements.

Acceptable The Key Personnel provided meets the Government’s requirements.

Unacceptable The Key Personnel provided does not meet the Government’s requirements.

SUBFACTOR 2 – SCHEDULE

(a) The performance schedule was provided in a Gantt or similar format and is within the Government’s specified period of performance (7/15/2024 – 12/30/2027). Schedule indicates an understanding of the project requirements, specifics major milestones, and utilizes a logical approach to sequencing.

RATING DESCRIPTION

Acceptable Proposal meets the requirements of the solicitation, and the schedule is within the Government’s specified period of performance.

Unacceptable Proposal does not meet the requirements of the solicitation and/or the schedule is not within the Government’s specified period of performance. Proposal is unawardable.

PAST PERFORMANCE

(a) Past performance projects deemed not relevant will be rejected and not be considered. Projects deemed not recent (greater than five years) will be disregarded. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience or subcontracts that will perform major or critical aspects of the proposed agreement when such information is relevant to this acquisition. The evaluation will also consider information provided relative to corrective actions taken to resolve problems on past or existing contracts. Offerors receiving a rating of “No Confidence” will not be considered for award.

(b) Past Performance. The Government will seek recent and relevant past performance information on all offers based on (1) Past Performance reference list provided by the offeror and (2) data independently obtained from other government and commercial sources.

Past performance evaluation results in an assessment of the Government’s confidence in the Offeror’s ability to fulfill the solicitation requirements. The overall confidence assessment will be based upon the recency, relevancy, and quality evaluation of all references reviewed.

In consideration of an Offeror’s total past performance information, one of the following ratings will be assigned:

Rating Description Excellent Confidence

Based on the offeror’s performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Acceptable Confidence

Based on the offeror’s performance record, the Government has an acceptable expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence

No performance record is identifiable, or the offeror’s performance record is so sparse that no confidence assessment rating can be reasonably assigned.

An “Unknown Confidence” past performance rating will a neutral rating that will not negatively impact the offeror. However, an “Excellent Confidence” and “Acceptable Confidence” past performance rating will rank higher than an “Unknown Confidence” past performance rating.

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Request for Quotation (RFQ) 140L3624Q0035

M.3 PRICING

(a) The Government will evaluate offers for award purposes by using the proposed price.

(b) Reasonableness. Techniques and procedures described under FAR 13.106(a), Price Analysis, will be the primary means of assessing quote reasonableness. The evaluation techniques described under FAR 13.106(a)(2), as determined appropriate, may also be performed in further determining the reasonableness of the quote. For a price to be reasonable, it must represent a price to the Government that a prudent person would pay in the conduct of competitive business. Normally, price reasonableness is established through competitive quotations described in FAR 13.106(a)(1). For additional information, see FAR 31.201-3, Determining Reasonableness.

(c) Affordability: An affordability assessment will consider if the proposed price is within the Government’s funding profile.

(d) FAR 52.217-4 Evaluation of Options Exercised at Time of Contract Award (June 1988) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

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Request for Quotation (RFQ) 140L3624Q0035

SECTION 2 – CLAUSES

CLAUSES INCORPORATED BY FULL TEXT

--------------------------------------------------------------ADDENDUM to FAR 52.212-4----------------------------------------------------------

DOI-AAAP-0028 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) APR

Payment requests must be submitted electronically through the U. S. Department of the Treasury’s Invoice Processing Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Contractor’s Official Invoice (must reference Purchase Order Number)

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)

Local Internet Payment Platform (IPP) Hotline

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

(End of Local Clause) -----------------------------------------------------------END OF ADDENDUM to FAR 52.212-4-----------------------------------------------https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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Request for Quotation (RFQ) 140L3624Q0035

DIAR 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 I prior to receipt of the Contracting Officer’s response issued under paragraph I of this clause.

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

(End of Local Clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (DEC 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 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 https://www.acquisition.gov/far/part-52#FAR_52_203_19

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Request for Quotation (RFQ) 140L3624Q0035 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 Covered Entities (Dec 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (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.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L.

117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115– 390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

_X_ (12) 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).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved] _X_ (18)(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.

__ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#unique_1497032984 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 2023) of 52.219-9.

__ (22)(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_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

__ (26)(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (35)(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_ (36)(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_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (39)(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).

__ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)(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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (44)(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.

__ (45)(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.

https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_14

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__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (47)(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_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (51)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

_X_ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (55) 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).

__ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

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