Sol_140P2123R0013.pdf

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NRSS - IMPROVE Carbon Analysis - IDIQ
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140P2123R0013
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140P2123R0013

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

04/10/2023 0040607929

1 35

P.O.Box 25287 MS WCP Denver CO 80225

NPS, WASO - WCP Contracting 12/31/2028

NPS, NRSS, Air Resources Div.

12795 W. Alameda Parkway

Lakewood

CO 80228

720 595-5148Lauren Brauer

05/11/2023 1400 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

National Park Service - IMPROVE Carbon Analysis

IDIQ

This is an IDIQ for both labor-hours and firm fixed price services.

See Continuation pages Period of Performance: 07/01/2023 to 12/31/2028

00010 IMPROVE Carbon Analysis IDIQ - Five-year ordering period Product/Service Code: B502 Product/Service Description: SPECIAL

STUDIES/ANALYSIS- AIR QUALITY

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P2123R0013

00020 IMPROVE Carbon Analysis IDIQ - Optional 6-month

Ordering Period

(Option Line Item)

06/30/2028

Product/Service Code: B502

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- AIR QUALITY

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

Solicitation No. 140P2123R0013

INFORMATION:

This is a COMBINED SYNOPSIS / SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The National Park Service contemplates award of a single-award Indefinite Delivery Indefinite Quantity (IDIQ) contract as a result of this combined synopsis/solicitation to the vendor for firm-fixed price and labor-hour contract type. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P2123R0013. A WRITTEN SOLICITATION WILL NOT BE ISSUED. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) and are available in full text through Internet access at http:// www.acquisition.gov/far/.

Point of Contact:

National Park Service Contracting Officer

Name: Lauren Brauer

Email: Lauren_Brauer@nps.gov

The North American Industry Classification System (NAICS) code is 541380.

The small business size standard is $16.5M.

General Description of Requirement: The purpose of this contract is assist NPS in all tasks related to carbon analysis for the IMPROVE network. Requirements include the following:

(1) Purchase, prepare and ship all filters needed for carbon analysis to the IMPROVE Operations Contractor;

(2) Analyze exposed fine (PM2.5) filters for carbon, as described in the following sections;

(3) Report results to the IMPROVE Operations Contractor on the schedule described below;

(4) Establish and conduct an internal quality assurance program;

(5) Participate in laboratory audits; and

(6) Store all carbon filters for the duration of the contract.

Data requirements for this requirement differ from those in the current IMPROVE Network. As such, the Offeror will not be expected to use current SOPs for carbon analysis. Instead, Offerors shall provide a detailed description of the proposed methods in their proposals. As new methods and quality measures evolve, the contractor shall incorporate these new methods into the IMPROVE routine operations through the development and modification of SOPs, as approved by the IMPROVE Steering Committee and directed by the NPS Contracting Officer Representative (COR). At the direction of the COR, the contractor will ensure that all pertinent information developed for routine operations are available to other organizations as needed.

As part of this effort, the successful bidder will work closely with the IMPROVE Operations Contractor. The IMPROVE Operations Contractor is responsible for receipt of unsampled filters from the successful bidder of this contract, shipment of exposed, blank and quality assurance filters to the successful bidder of this contract for analysis, and incorporation of the carbon data into the larger IMPROVE dataset.

Type of Contract: Indefinite Delivery Indefinite Quantity (IDIQ) Contract.

Orders: Delivery/Task Orders issued against the IDIQ shall be a mix of firm fixed price items and labor hours.

Single Award: The Government anticipates award of only one IDIQ contract to meet the needs of this requirement but reserves the right to make multiple awards. See 52.216-27.

Base and Ordering Periods: Contract will include a 5-year ordering period, with an additional option to extend for up to six-months, for a total contract performance period not to exceed 5 years and six months.

Maximum Contract Value: $7,490,000 (total of all orders issued against the awarded contract)

Minimum Guarantee: First delivery/task order will be issued with award and meet the minimum guarantee of $30,000.00.

Authorized Contracting Officer: Any warranted Contracting Officer assigned under the NPS Washington Contracting Officer (WCO) may award delivery/task orders against this IDIQ contract only with prior approval by the administering contracting officer.

Ordering procedures for delivery/task orders: Delivery/task orders (DO/TO) will be issued within the terms and conditions of the contract based on the pre-priced contract line items in the awarded price schedule, and with the order limitations clause in the contract. The order will be signed by the Contracting officer and issued to the contractor with information that contains the specific requirements of the delivery. The DO/TO becomes binding when the Contracting Officer signs the Order.

Award Selection Process:

Per FAR Part 13.106-2(b) evaluation will be conducting by comparative evaluation of offerors.

Evaluation Factors:

1. Price

A price evaluation will be performed to determine the reasonableness of the proposed price.

Reasonableness will be determined considering other competitive prices received and comparison to the independent Government estimate. If multiple contract line items are included in the price schedule, prices will also be evaluated to determine whether any line items are unbalanced. Offerors are cautioned to distribute costs appropriately.

NOTE: Alternate quotes will not be accepted.

2. Technical

Technical Subfactor: Technical Approach

Offeror will be evaluated based on their narrative approach to meeting the requirements of the solicitation. The offeror’s submission will be evaluated as to the extent it demonstrates a comprehensive understanding of the scope and requirements and the proposed methodology for conducting work requirements. Evaluation will be made on the planned approach regarding how filters will be purchased, prepared, shipping and handling, storage, total carbon analysis, quality assurance requirements, data management, organic carbon and elemental and carbon analysis.

Technical Subfactor: Experience

Experience will be evaluated based on successful completion of projects with similar size, scope, and complexity. Offeror will be evaluated to determine that they illustrate sufficient documented direct experience in, providing all labor, material, tools, supervision and travel necessary to perform the service outlined, and in accordance with, the attached Statement of Work (SOW) based upon the offeror’s submission of technical capabilities.

3. Past Performance

The offeror will be evaluated based on the information provided in the completed past performance questionnaires. Past performance will be based on recency and relevancy of the referenced projects. The evaluation will be conducted to determine how well projects were completed based on the information provided in the past performance questionnaires.

The evaluation of small business subcontracting past performance shall also be evaluated as part of the overall evaluation of past performance and separate from Small Business Participation as an Evaluation Factor (SBPEF).

Additionally, the Government may consider any and all other sources of information, including, but not limited to, contacting the contractor or contracting officer of the projects provided, and retrieval of information from the Past Performance Information Retrieval System (PPIRS).

NOTE: A rating of Neutral Confidence may be received if no recent/relevant performance record is available, or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance. In order to receive a rating of Neutral Confidence, the offeror must submit information within their past performance submission to indicate that they have no recent/ relevant performance.

4. Small Business Participation Plan

All offerors (both other than small businesses and small businesses) will be evaluated on the extent of proposed participation/commitment to use U.S. small businesses in the performance of this acquisition (as small business prime offerors or small business subcontractors) relative to the objectives and requirements established herein. Small business offerors self-certified in SAM.gov will receive the maximum credit for this evaluation factor and do not need to submit any documentation supporting this evaluation factor. For all other offerors the Government will evaluate the following in no order of importance:

1. The extent of identification and participation of small and socio-economic business subcontractors in terms of the value of the total acquisition (total contract value)

2. The extent to which offerors met or exceed DOI subcontracting goals for small and socio-economically disadvantaged businesses. Offerors that propose small or socio-economic subcontractors that met or exceed DOI’s prior year subcontracting performance will be evaluated favorably

Small of Socio-Economic Business Type NPS Goal Most Recent Year Subcontract Performance

Small Business 44.8% 44% Socio-Economically Disadvantaged Small Business (SDB) 5% 5% Women Owned Small Business (WOSB) 5% 5% Service Disabled Veteran Owned Small Business (DSVOSB) 3% 3% Historically Underutilized Business District Small Business (HUBZone)

3% 3%

Indian Small Business Economic Enterprises (ISBEE) 3% collectively for Non-IA

Bureaus

N/A

3. The extent to which offerors demonstrate substantive commitment to small business firms, such as, letters of commitment, Joint Ventures, mentor/protégé agreements, or other demonstrations of commitment (i.e., binding commitments will become enforceable/contractual requirements)

4. Identification of the type and variety of the work small firms are to perform (i.e., binding commitments will become enforceable/contractual requirements)

5. The extent to which the offeror provides detailed explanations/documentation supporting the proposed quantitative participation

6. The extent to which the offeror complied with requirements of FAR 52.219-8, Utilization of Small Business Concerns

The Government will evaluate the proposal to determine which offeror proposes the best value in terms of Small Business Participation. Offers submitted by a small business prime offeror will also be evaluated and will receive the maximum score for this evaluation criteria.

Quotes will receive a preliminary review to determine whether the quote contains sufficient information, as required by the solicitation, to allow the government to perform a meaningful evaluation. If the results of this preliminary review indicate that the quote lacks sufficient information to allow a meaningful evaluation to be conducted, the Contract Specialist/Contracting Officer may eliminate the quote from further evaluation and consideration for an award.

Invoicing

Invoicing under this IDIQ will occur in accordance with Local Clause Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (APR 2013) and the requirements in FAR 52.212-4 Contract Terms & Conditions – Commercial Items. Each Task Order will contain a payment schedule that will separate the work into discrete deliverables and identify amounts which may be invoiced for upon Government acceptance.

INSTRUCTIONS TO OFFERORS:

Technical Questions Technical questions may be submitted to the contracting officer via email to Lauren_Brauer@nps.gov by 2:00 PM Eastern on April 20, 2023. Responses to technical questions will be posted as an amendment to the solicitation.

Submission Instructions 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 an offer or quotation is submitted.

The offerors shall submit a quote to the contracting officer by email to: Lauren_Brauer@nps.gov

Offerors should account for potential server transmission sending delays. Quote submission should be submitted with enough to as to reach the contracting officer’s inbox by the date and time specified. Quotes shall be received in the Contracting Officer’s inbox by 2:00 PM Eastern on May 11, 2023.

Offers shall submit the following information in its entirety:

Checklist for quote submission requirements:

• Volume I o This page of the solicitation completed as the first page in the package ☐ o Signed acknowledgement of SF 18 ☐ o Technical submission document in accordance with award selection requirement ☐ o Completed Past Performance Questionnaire Attachments ☐ o Small Business Participation Plan ☐ o Subcontracting Plan Information (for other-than small business offerors) ☐ o Signed amendments (if applicable) ☐

• Volume II o Completed Pricing Schedule Attachment (IDIQ) ☐ o Completed Pricing Schedule Attachment (Task Order 1) ☐ o Completed Provisions (including FAR 52.204-24, FAR 52.212-3(v)(2)(i), and others as applicable) ☐

Contractor Core Data:

Offerors Name:__________________________________________________________________

Offerors Address:________________________________________________________________

Offerors Unique Entity ID (UEI):____________________________________________________

Offerors POC:___________________________________________________________________

Offerors Phone/Email:_____________________________________________________________

Volume I Submission Requirements mailto:Lauren_Brauer@nps.gov

Completed Instructions to Offeror Page

To be submitted as the cover package of Volume I.

Signed acknowledgement of SF 18

To be completed and signed by the offeror.

Technical Submission Requirements

Technical

Technical Subfactor: Technical Approach

Submit a technical narrative to address the offerors' technical approach and capabilities to completing the required work of this solicitation as outlined in the SOW and attachments.

Offerors shall describe the comprehensive technical approach for conducting all work required in this contract. Resumes of personnel performing this work shall be included.

Technical approach narrative shall include detailed information regarding how filters will be purchased, prepared, shipping and handling, storage, total carbon analysis, quality assurance requirements, data management, organic carbon and elemental and carbon analysis.

For Task 2 the Offeror must include a detailed description of the method and must address the issue of data equivalence compared to the current method.

For Task 2 and Task 3 included in the SOW, the Offeror must include a detailed description of the method and must address the issue of data equivalence compared to the current method since it differs from the existing SOP (http://vista.cira.colostate.edu/Improve/carbon-analysis/). For this Task 2, the Offeror shall only include a technical and price proposal for TC; OC and EC are not to be included. For Task 3, proposals should only address the additional cost for measurement of OC and EC, and not include costs associated with Task 2. Quotes shall specify the frequency and type of quality control and replicate analyses to be performed.

For Task 4 included in the SOW, the Offeror shall only include a technical and price proposal for one of the two additional analyses listed. The Offeror shall also include a summary of all measurement capabilities but shall only include a technical and price proposal for one of the two additional analyses listed in the SOW. Price proposals shall only address the additional cost for the additional measurements and should not include costs related to Tasks 2 and 3.

For Task 5, the Offeror shall include fully loaded labor rates for the personnel listed in the Pricing Schedule based on tasks associated with enhanced Quality Assurance. The personnel listed in the Pricing Worksheet may be adjusted, as needed, to be consistent with the Offeror’s proposal.

For Task 6, the Offeror shall include a technical and price proposal for the refrigerated storage of carbon filters for the length of the contract. This includes filters collected during the Period of Performance for this contract, as well as those filters collected during previous Carbon Analysis contracts.

The offeror shall provide in its technical proposal a contingency of operations plan in the event of a catastrophe or catastrophic failures of computer systems, hard drives, etc. This shall include plans to replace key personnel, recovery of data, alternate locations, and methods of contingency data validation and processing.

Technical Subfactor: Experience

The offeror’s experience with similar projects should be detailed to illustrate how this project relates to included project experience. Projects with similar size, scope, and complexity shall be included in detail.

The Offeror shall submit information to demonstrate its competency and qualifications for filter handling and laboratory analysis for all tasks identified in the SOW. Competency may be demonstrated through the following documentation:

• Accreditation or certification by an appropriate recognized accreditation program; or

• Participation in external round-robin or performance test evaluations; or

• Reports of technical and quality system assessments of the organization conducted by external organizations; or

• Detailed standard operating procedures (SOPs); or

• Descriptions of applicable instrumentation, sampling, equipment, method sensitivities, reporting practices, capacity, experience, staffing (e.g., education, job experience, training), and reference of past performance.

Completed Past Performance Questionnaire Attachments Submission Requirements

Offeror to complete and submit between two to three (2-3) of the attached Past Performance Questionnaires that provides information on the performance quality of work on similar projects as outlined in the requirements or submit information within their past performance submission to indicate that they have no recent/ relevant performance.

The offeror to provide the attached past performance questionnaire to its references and have the references fill out the questionnaire. The quoter shall coordinate completion of all questionnaires with the respective reference. Completed Past Performance Questionnaires to be included in the offeror’s quote and not sent directly to the agency by the reference. Questionnaires submitted separately from the offeror’s submission will not be considered.

Past Performance Questionnaires using the same questionnaire form may be re-used from previous submissions if information is still recent and relevant to meet the submission requirement. Offer shall resubmit the form with this submission package.

Contact information SHALL be provided so that the Government may contact and confirm the information provided.

If the offeror is a new company and has no past performance information the offeror shall submit information within their past performance submission to indicate that they have no recent/ relevant performance.

Information for the evaluation of small business subcontracting past performance shall also be submitted for evaluation.

Small Business Participation Plan

The offeror shall submit a small business participation plan which demonstrates the extent of identification and participation of small and socio-economic business subcontractors in terms of the value of the total acquisition. Offerors should include substantiating documentation to include letters of commitment, Joint Ventures, mentor/protégé agreements, or other demonstrations of commitment (i.e., binding commitments will become enforceable/contractual requirements).

Subcontracting Plan Submission Requirements

For offerors that are other-than small business for the referenced NAICS code, quote submission shall include the following:

1) Completed Small Business Subcontracting Plan Attachment

OR

2) Provide the information below to support FAR 19.705-2 to annotate:

(i) Whether firms engaged in the business of furnishing the types of items to be acquired customarily contract for performance of part of the work or maintain sufficient in-house capability to perform the work. (☐ Yes / ☐ No)

If No, provide an explanation summary.

(ii) There are product prequalification requirements. (☐ Yes / ☐ No) If Yes, provide an explanation summary.

If the answer to 2 (i) is Yes and the answer to 2(ii) is no, 1, offeror shall submit a Completed Small Business Subcontracting Plan Attachment.

Signed Amendments

If any amendments are issued to the solicitation, the offeror is responsible to submit a signed acknowledged amendment with their offer.

Volume II Submission Requirements

Completed Pricing Schedule Attachment - IDIQ

Offeror to complete the attached IDIQ pricing schedule document. The offeror is responsible for accuracy in any formulas used in calculations.

As appropriate, the Offeror may include costs in the proposal for transferring the archived filters to a new location at the start of this contract. This one-time cost shall only be included in the first year of the ordering period.

Completed Pricing Schedule Attachment – Task Order 1

Offeror to complete the attached Task Order 1 pricing schedule document. The offeror is responsible for accuracy in any formulas used in calculations.

The pricing shall be provided for Task Order 1 to achieve the work required in the Attachment Task Order 1 SOW and the IDIQ requirements.

Completed Provisions Submit any required provisions including FAR 52.204-24, FAR 52.212-3(v)(2)(i), and others as applicable. ☐

Clauses Section

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 address: http:// www.acquisition.gov/far/

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirements to inform Employees of Whistleblower Rights

JUN 2020

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

DEC 2022

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984

52.245-1 Government Property SEP 2021 52.245-9 Use and Charges APR 2012

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

(b) The use in this solicitation or contract of any Department of Interior Regulation (48 CFR, Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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. 3805note)).

FAR 52.252-2 Clauses Incorporated by Reference FEB 1998

FAR 52.252-6 Authorized Deviation in Clauses NOV 2020

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services MAR 2023 http://www.acquisition.gov/far/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1124452424 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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.] ☒ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (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 (OCT 2022) (15 U.S.C.657a).

☒ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (13) [Reserved] ☐ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020).

☐ (iii) Alternate II (Nov 2011).

☐ (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.

☐ (iii) Alternate II (Mar 2004) of 52.219-7.

☒ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

☒ (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (SEP 2021) of 52.219-9 ☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r).

(ii) Alternate I (Mar 2020) of 52.219-13.

☐ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

☒ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057823 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

☒ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

☒ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (July 2014) of 52.222-35.

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (July 2014) of 52.222-36.

☒ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☒ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

☒ (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. chapter78 and E.O. 13627).

☒ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products and commercial services as prescribed in FAR 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) 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.

☒ (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 (Jun 2016) (E.O. 13693).

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

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

☒ (48)(i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

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☐ (ii) Alternate I (OCT 2022) of 52.225-1.

☐ (49) (i) 52.225–3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501– 4732), Public Law 103–182, 108–77, 108–78, 108–286, 108–302, 109–53, 109–169, 109– 283, 110–138, 112–41, 112–42, and 112–43.

☐ (ii) Alternate I [Reserved] ☐ (iii) Alternate II (DEC 2022) of 52.225-3.

☐ (iv) Alternate III (JAN 2021) of 52.225-3.

☐ (v) Alternate IV (OCT 2022) of 52.225-3.

☒ (50) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (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.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

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

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

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