Sol_140P2124R0039.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation Number 140P2124R0039 is issued as a Request for Proposal (RFP) which constitutes the entire solicitation. This acquisition will be conducted pursuant to FAR Part 13. This solicitation document incorporates all mandatory commercial item provisions and clauses in effect through Federal Acquisition Circular 2024-04, effective 1 May 2024. This is a small business set-aside.

The North American Industry Classification System (NAICS) code is 562111, Solid Waste Collection Services and the related small business size standard is $47.0M.

The government anticipates award of one (1), firm-fixed price contract.

REQUIREMENT: Independently, and not as an agent of the government, the contractor shall provide all management, supervision, labor, materials, supplies, tools, equipment necessary to coordinate trash/recycling collection for various locations of National Capital Parks-EAST within Washington DC, Maryland.

Due to space limitations, the complete commercial item specifications are contained in Solicitation Number 140P2124R0039. Interested contractors should download this document. The National Park Service is not responsible for locating or securing any information that is not identified in the proposal.

The following Federal Acquisition Regulation (FAR) clauses and provisions are applicable to this announcement and are available at www.acquisition.gov.

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services and addendum; 52.212-2 Evaluation-Commercial Products and Commercial Services and addendum; 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services; 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services; 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services; 52.232-33 Payment by Electronic Funds Transfer-System for Award Management; 52.233-4 Applicable Law for Breach of Contract Claim; and 52.245-1 Government Property.

Questions shall be sent via email to robert_adamson@nps.gov by 5:00 pm ED May 29, 2024. Questions submitted using any other method will not be entertained. The Point of Contact for this requirement is Robert Adamson, Contracting Officer. Offerors who contact anyone outside of the Office of Acquisition Management regarding this requirement, may automatically be excluded from competition.

All proposal information shall be submitted for receipt no later than 5:00 pm ED, on 11 June 2024.

Offerors are hereby notified that if your quote is not received by the date/time and at the location specified in this announcement, that it will be considered late. The proposal shall be submitted electronically via email to robert_adamson@nps.gov with the subject line clearly identifying “Solicitation Number 140P2124R0039 – Commingle Recycling.” Offers by telephone, transmitted via facsimile (fax), or submitted using any other method will not be accepted.

All contractors must be registered in www.SAM.gov to be considered eligible for award.

http://www.sam.gov/

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

PHF

Harpers Ferry WV 25425 IDC Building 67 Mather Place DOI, NPS, HFC - Acquisition Managem

0009060171 CODE 16. ADMINISTERED BYCODE

X

X

X

562111

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORPWA

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

06/11/2024 1700 ED

05/20/2024

3015020076Robert Adamson (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P2124R0039

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 56 0040650373OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Washington DC 20024 1900 Anacostia Drive, SE Headquarters NPS, National Cap Parks East

15. DELIVER TO

Denver CO 80225 P.O.Box 25287 MS WCP

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$47

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

NPS, WASO - WCP Contracting

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Contractor to provide all necessary labor, resources, materials in order to provide scheduled Single Stream Recycling Services at multiple NACE locations, including Used tire recycling and mixed metal recycling at Kenilworth Maintenance Facility.

Delivery: 05/14/2025

00010 Single Stream recycling, used Tire & mixed metals Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Robert Adamson

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

recycling, Bulk items recycling.

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 05/15/2024 to 05/14/2025

10010 Option Year 1: Single Stream recycling, used Tire

& mixed metals recycling, Bulk items recycling.

(Option Line Item)

Anticipated Exercise Date 05/01/2025

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 05/15/2025 to 05/14/2026

20010 Option Year 2: Single Stream recycling, used Tire

& mixed metals recycling, Bulk items recycling.

(Option Line Item)

Anticipated Exercise Date 05/01/2026

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 05/15/2026 to 05/14/2027

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

56 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 56

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P2124R0039

30010 Option Year 3: Single Stream recycling, used Tire

& mixed metals recycling, Bulk items recycling.

(Option Line Item)

Anticipated Exercise Date 05/01/2027

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 05/15/2027 to 05/14/2028

40010 Option Year 4: Single Stream recycling, used Tire

& mixed metals recycling, Bulk items recycling.

(Option Line Item)

Anticipated Exercise Date 05/01/2028

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 05/15/2028 to 05/14/2029

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation # 140P2124R0039

NATIONAL PARK SERVICE

NATIONAL CAPITAL PARKS-EAST

RECYCLING SERVICE

MULTIPLE LOCATIONS

SCOPE OF WORK

Background:

The National Park Service (NPS) requires single stream recycling service at multiple locations within Washington, DC and Maryland, as well as used tire recycling, and mixed metal at the Kenilworth Maintenance Facility. This service is necessary for the reduction of solid waste produced by the park and shall meet regulations for waste reduction in Federal Buildings. This firm-fixed price service contract will consist of one (1) base year, plus four (4) one-year options to be funded annually.

Scope of Services:

• Provide eleven (11), eight 8-yard dumpsters for single stream recycling, at specified locations.

• Provide two (2), thirty 30 yard open top dumpsters; one (1) for used tire recycling and one (1) for mixed metals recycling at Kenilworth Maintenance Facility.

• Provide one (1) thirty 30 yard open top dumpsters for bulk items at Kenilworth Maintenance Facility.

• Provide one (1) thirty 30 yard open top dumpster for bulk items at Fort Dupont Maintenance Facility.

1 General Provisions

1.1. The contractor shall provide all management, supervision, labor, materials, supplies, tools, equipment, devices, and all other items needed to coordinate and ensure quality workmanship.

1.2. The contractor shall take into consideration the utilization of existing ancillary equipment, building support systems, equipment, and operating environment in order to achieve the objective of the NPS.

1.3. The contractor shall take care as to not damage existing infrastructure, vehicles, or equipment on site. The contractor shall be held liable for cost of all repairs to existing infrastructure, vehicles, or equipment on site that result from the performance of this contract.

1.4. The determination of the total daily productive man hour requirements for the performance of all services specified herein is the sole responsibility of the bidder. This contract requires services as outlined; it is required that the contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this contract.

1.5. Quality and responsive service is required at the full performance level of specified services, beginning at the contract start date.

1.6. The contractor shall be responsible for professional quality, proper disposal of materials, project coordination, equipment installation, equipment maintenance, removal of non-functional equipment, monthly reports, and all other ancillary requirements necessary to meet the needs of the National Park Service.

1.7. The contractor shall provide all necessary supervision, safety protection devices, and personal protective equipment (PPE), required for complete and safe operations on site.

1.8. All scheduled services shall be performed between the hours of 8:00am and 4:00pm during the normal 5-day workweek, Monday through Friday, Federal holidays excluded, unless specifically approved by the COR. Work to be performed on weekends must be scheduled in advance with written approval from the COR. Scheduling of all services must be approved in writing by the

COR.

1.9. Contractor shall investigate existing conditions, review any applicable specifications, make necessary calculations, cost estimates, and recommendations to achieve the objective of the NPS.

Contractor proposal is to be “all encompassing” to meet unforeseen needs.

1.10. Contractor is responsible for obtaining any and all required permits, and meeting all

OSHA and industry regulations that apply for this type of work. Contractor personnel shall possess and maintain all required certifications, contractor is responsible for ensuring that appropriate certifications are in place.

1.11. Contractor shall research and verify, and at all times comply with all applicable laws, life safety codes, ordinances, rules, regulations, and orders of authority having jurisdiction.

1.12. Contractor shall dispose of all waste off site. NPS does not provide facilities for waste disposal.

1.13. Contractor is responsible for maintenance and transport of dumpsters at all times.

2. Service Specifications

2.1. Perform Disposal of Single Stream Recycling two (2) times per week.

2.1.1. Contractor shall provide eleven (11) enclosed, covered (8 yard) dumpster for deposit of single stream recycling.

2.1.2. Dumpsters shall be fully enclosed to exclude rain, debris, birds, rodents, etc., with disposal access on the side and top. If the containers have drains, they shall be smaller than ¼” square. Openings lager than ¼” shall be covered with a screen or material that will meet the

¼” requirement.

2.1.3. Dumpsters shall be clearly marked with the Universal Recycling symbol or marked

“Recycle” to identify their intended purpose and to deter disposal of garbage.

2.1.4.Contractor shall empty dumpster on a bi-weekly basis (two times per month), on a schedule to be agreed upon with the COR and CO.

2.1.5. Dumpster shall be delivered within seven (7) business days from start of contract.

2.1.6. Dumpster shall be removed within seven (7) business days upon termination of contract.

2.1.7. The contractor shall not subcontract any work required by this contract without the express written approval of the Contracting Officer (CO).

2.1.8. The exact weight of each dumpster pick up will vary. The contractor shall estimate the carrying capacity of 8-yard dumpster for single stream recycling for proposal.

2.1.9. The costs associated with travel to and from each of the sites and the complexities of performing the services shall be included in the contractor proposal.

2.1.10. All equipment must meet all federal, OSHA, state, and local safety requirements, and must be properly licensed. This includes equipment such as roll off trucks, and dumpsters which may be used to perform single stream recycling service in accordance with the contract specifications.

2.1.11. The contractor shall provide a report of single stream recycling tare weight to the COR monthly. The tare weight shall also be recorded on all invoices.

2.1.12. Fuel surcharges, environmental charges, administrative fees, and regulatory cost recovery fees shall be included in Contractor’s proposal.

2.1.13. Single stream recycling service shall at minimum meet or exceed District of Columbia and Federal regulations. The contractor shall verify that single stream recycling service meets applicable regulations.

2.1.14. Items covered by single stream recycling shall include at minimum:

2.1.14.1. Aerosol cans, Aluminum foil and aluminum pie pans, Aluminum food and beverage containers, Books (including paperbacks, textbooks and hardbacks), Brown paper bags (Kraft), Cardboard and paperboard boxes (including cereal boxes without liners). Cardboard boxes must be collapsed for collection, Computer printouts, Corrugated cardboard boxes, Ferrous and bimetal food and beverage containers, Glass containers such as jars and bottles, Junk mail, Magazines and catalogs, Milk and juice cartons, Narrow-neck plastic containers (other than for motor oil) that carry plastic resin identification codes 1 through 7, Newspapers (including all inserts), Non-metallic wrapping paper, Office paper (including typing, fax, copy, letterhead, and

NCR) and envelopes, Rigid plastics including plastic milk/soda crates, plastic buckets with metal handles, plastic laundry baskets, plastic lawn furniture, plastic totes, plastic drums, plastic coolers, plastic flower pots, plastic drinking cups/glasses, plastic 5-gallon water bottles, plastic pallets, plastic toys, and empty plastic garbage/recycling bins, Telephone books, Wide-mouth containers such as peanut butter, margarine/butter tubs, yogurt, cottage, cheese, yogurt, sour cream, mayonnaise, whipped topping, and prescription (remove the identification label) and over-the-counter medicine bottles.

2.1.15. Single Stream Recycling Dumpster Locations

2.1.15.1. National Capital Parks-East HQ

1900 Anacostia Drive SE

Washington, DC 20020

Quantity - One (1) single stream recycling dumpster

2.1.15.2. Kenilworth Maintenance Facility

3200 Benning Road NE

Washington, DC 20019

Quantity - One (1) single stream recycling dumpster

2.1.15.3. Fort Dupont Maintenance Facility

3600 F St SE

Washington, DC 20020

Quantity - One (1) single stream recycling dumpster

2.1.15.4. Kenilworth Aquatic Gardens

1550 Anacostia Ave NE

Washington, DC 20019

Quantity - One (1) single stream recycling dumpster

2.1.15.5. Fort Washington Park

13551 Fort Washington Rd

Fort Washington, MD 20744

Quantity - One (1) single stream recycling dumpster

2.1.15.6. Oxon Hill Farm

6411 Oxon Hill Rd

Oxon Hill, MD 20745

Quantity - One (1) single stream recycling dumpster

2.1.15.7. Greenbelt Park Campground Entrance

6565 Greenbelt Road

Greenbelt, MD 20770

Quantity - Two (2) single stream recycling dumpsters

2.1.15.8. Greenbelt Park Maintenance Facility

6565 Greenbelt Road

Greenbelt, MD 20770

Quantity - One (1) single stream recycling dumpster

2.1.15.9. Anacostia Operations Facility

1901 Anacostia Drive SE

Washington, DC 20020

Quantity - One (1) single stream recycling dumpster

2.1.15.10. United States Park Police Aviation

1901 Anacostia Drive SE

Washington, DC 20020

Quantity - One (1) single stream recycling dumpster

2.2. Perform Monthly Recycling of Used Tires and Mixed Metals

2.2.1. Contractor shall provide one (1) 30 yard open top dumpster for recycling of used tires.

2.2.2. Contractor shall provide one (1) 30 yard open top dumpster for recycling of mixed metals.

2.2.3. Dumpsters shall be clearly marked to identify their intended purpose and to deter disposal of non-recyclable waste.

2.2.4.Contractor shall empty dumpster on a monthly basis (one time per month), on a schedule to be agreed upon with the COR and CO.

2.2.5. Dumpster shall be delivered within seven (7) business days from start of contract.

2.2.6. Dumpster shall be removed within seven (7) business days upon termination of contract.

2.2.7. The contractor shall not subcontract any work required by this contract without the express written approval of the Contracting Officer (CO).

2.2.8. The exact weight of each dumpster pick up will vary. The contractor shall estimate the carrying capacity of thirty (30) yard open top dumpsters for used tire and mixed metal recycling for proposal.

2.2.9. The costs associated with travel to and from the site and the complexities of performing the services shall be included in the contractor proposal.

2.2.10. All equipment must meet all federal, OSHA, state, and local safety requirements, and must be properly licensed. This includes equipment such as roll off trucks, and dumpsters which may be used to perform used tire and mixed metals recycling service in accordance with the contract specifications.

2.2.11. The contractor shall provide a report of used tire and mixed metals recycling tare weight to the COR quarterly. The tare weight shall also be recorded on all invoices.

2.2.12. Fuel surcharges, environmental charges, administrative fees, and regulatory cost recovery fees shall be included in Contractor’s proposal.

2.2.13. Used tire and mixed metals recycling shall at minimum meet or exceed District of

Columbia and Federal regulations. The contractor shall verify that used tire and mixed metals recycling service meets applicable regulations.

2.2.14. Used Tire and Mixed Metals Recycling Dumpster Location

2.2.14.1. Kenilworth Maintenance Facility

3200 Benning Road NE

Washington, DC 20019

Quantity - One (1) used tired dumpster

Quantity – One (1) mixed metals dumpster

2.3. Perform Monthly disposal of bulk dumpsters.

2.3.1 Bulk items include at a minimum: Air conditioners (drain water and fluid), hot water heaters, household furniture, playhouses, disassembled swing set, major appliances, e.g., refrigerators (doors removed), mattresses and box springs and rugs.

2.3.2 Contractor shall provide two (2) 30 yard open top dumpsters for disposal of bulk items.

2.3.3 Dumpsters shall be clearly marked to identify their intended purpose and to deter disposal of non-recyclable waste.

2.3.4 Contractor shall empty dumpster on a monthly basis (one time per month), on a schedule to be agreed upon with the COR and CO.

2.3.5 Dumpster shall be delivered within seven (7) business days from start of contract.

2.3.6 Dumpster shall be removed within seven (7) business days upon termination of contract.

2.3.7 The contractor shall not subcontract any work required by this contract without the express written approval of the Contracting Officer (CO).

2.3.8 The costs associated with travel to and from the site and the complexities of performing the services shall be included in the contractor proposal.

2.3.9 All equipment must meet all federal, OSHA, state, and local safety requirements, and must be properly licensed. This includes equipment such as roll off trucks, and dumpsters which may be used to remove bulk items and debris in accordance with contract specifications.

2.3.10 The contractor shall provide a report of bulk items and debris tare weight to the COR quarterly. The tare weight shall also be recorded on all invoices.

2.3.11 Fuel surcharges, environmental charges, administrative fees, and regulatory cost recovery fees shall be included in Contractor’s proposal.

2.3.12 Bulk item and debris Dumpster Location

2.3.12.1 Kenilworth Maintenance Facility

3200 Benning Road NE

Washington, DC 20019

Quantity - One (1) bulk item and debris dumpster

2.3.12.2 Fort Dupont Maintenance Facility

3600 F St SE

Washington, DC 20020

Quantity - One (1) bulk item and debris dumpster

3. Requirements

3.1. Warranty

3.1.1.The contractor shall warrant all materials, parts, and labor provided under the terms of the scope of work for one year from the date of completion and acceptance by the government.

3.1.2. The contractor shall furnish the NPS will all manufacturer warranty information for materials and parts provided under the terms of the scope of work. The manufacturer shall be responsible for repairs or replacement of any part of equipment that is found to be defective in workmanship or material. The contractor shall notify the manufacturer as soon as defect becomes apparent.

3.2. Quality Assurance Plan

3.2.1.Performance Evaluation

3.2.1.1. Services performed under this contract shall be subject to inspection and approval by the COR. Careless performance will not be acceptable. Any deficiencies noted by the COR must be corrected within eight hours from the time of call back.

3.2.2.Qualifications of Contractor’s Employees

3.2.2.1. All employees shall maintain qualifications to perform this type of work in the

District of Columbia.

3.2.2.2. All employees performing work under this contract shall have verifiable experience performing the type of work specified under this contract.

3.3. Supplies, Materials, and Equipment

3.3.1.The contractor shall furnish all supplies, materials and equipment necessary for the performance of the work of this contract. At a minimum, these supplies and materials shall be of a quality to conform to all applicable Federal specifications. Before beginning the work of the contract, the Contractor shall submit to the Contracting Officers Representative

(COR) a list, giving the name of the manufacture and the brand name of each of the materials that he/she proposes to use in the performance of the work. The Contractor shall not use any materials which the COR determines would be unsuitable for the purpose or harmful to any part of the buildings, the contents, equipment or persons.

3.3.2. Electrical power will be furnished by the Government at existing power outlets for the

Contractor’s use to operate such equipment as is necessary in the conduct of his/her work.

Non-potable cold water will also be made available to the contractor as necessary in the performance of his/her work. No special heating or cooling of water will be provided.

3.3.3. The Contractor shall provide cellular phones to their supervisor or foreman for business calls to the Contractor or to the COR. The Contractor shall provide contact information to the COR.

3.4. Safety and Health

3.4.1.The Contractor shall conduct his/her operations so as to prevent accidents, injuries and damages; shall observe all fire, safety and traffic regulations. The Contractor shall provide all personal protective equipment including but not limited to rubber gloves, face masks, safety shoes/boots, hard hats and eye and ear protection as required under the documented

Safety Plan and by product manufacturer's recommendations. The Contractor shall also be responsible for all safety communication and training requirements for the safe use of all equipment and materials. All protective equipment must meet ANSI standards and used as required by OSHA and as directed by the COR.

3.4.2. The contractor shall comply with all pertinent provisions of the Occupational Safety and

Health Administration (OSHA) Standards, 29 CFR 1910, and 1926; the National Fire

Protection Association National Electrical Code/Life Safety Code; and any pertinent federal and local codes and requirements. All OSHA requirements may be obtained without cost to the general public at www.osha.gov . The Contracting Officer or Risk Manager may include additional measures if determined necessary or required by other federal, state or local law, or park policy.

3.4.3. The Contractor shall have a Hazard Communication Program in place as required by 29

CFR 1910.1200 where Material Safety Data Sheets (MSDS) / Technical Data Sheets shall be obtained by the contractor for all hazardous materials to be used in the performance of this contract. MSDS shall be maintained at any jobsite where a substance requiring a

MSDS is being used. It shall also be available in any vehicle carrying such substance while in the Park. These MSDS will be available to all employees of the Contractor, employees of the Park, concessionaires and the public when any member of these groups might come in contact with, or be exposed to, any substance requiring a MSDS due to its hazardous status.

The contractor must have an active HAZARD COMMUNICATION PROGRAM in place for all employees as required by 29 CFR 1910.1200.

3.4.4.In the event of a reported physical injury, repeated service interruption, or an accident involving damage or equipment fire has occurred, the Contractor shall immediately secure the system or equipment and notify the COR. The Contractor shall verify in writing to the

COR the safety condition of any piece of equipment covered by this specification prior to its restoration to service, once the equipment has been removed from service.

3.4.5. In the event the contractor becomes involved in any incident or accident involving a Park

Visitor, or Park Property, the contractor must notify both the COR and USPP, so an investigation and record can be made. All damage to government property caused by the

Contractor shall be reported to the COR and the USPP.

3.4.6. Contractors are subject to safety inspections performed by Park personnel or others. These inspections may be routine, unannounced, or based on reports of unsafe or unhealthy working conditions. Safety violations will be reported to the CO. If a violation is deemed to be immediately dangerous to health, life, or serious in nature, the COR or any park officer at the Division Chief level or higher, has the authority to stop work until the matter may be resolved to the CO’s satisfaction.

3.4.7. National Park Service personnel do not issue confined space entry permits to contractors or provide equipment to evaluate confined spaces. Contractors working in confined spaces must comply with appropriate OSHA Standards with emphasis on 29 CFR 1910.146.

Copies of all permits issued by the contractor to their personnel shall be forwarded to the

COR within 24 hours of permit expiration.

3.5. Environmental Requirements

3.5.1.The Contractor shall comply with all existing Federal and District of Columbia government regulations pertaining to hazardous material use, storage and disposal. Materials and chemicals shall be stored, used and disposed of in such a manner as to not endanger or threaten the environment and the health and safety of the community of Washington, DC and Park employees and visitors. All generated waste shall be disposed of legally at the completion of each day's work.

3.5.2. No asbestos or lead based paints are known to be present in the project work area. Any area found to be containing these materials shall be brought to the immediate attention of NPS personnel. Activities shall cease and appropriate testing shall be conducted.

3.6. Conduct and appearance of Contractor's employees

3.6.1. All Contractor's employees must be able to communicate in the English language with the

Government's representative.

3.6.2. The Contractor shall require his employees to comply with the instructions pertaining to conduct and building regulations issued by duly appointed COR.

3.6.3. The Contractor shall be required to remove personnel in its employment on this contract for the following reasons:

3.6.3.1. Disrespect to either park employees or visitors during performance of the contract.

3.6.3.2. Personal conditions. Using illegal drugs, drinking alcoholic beverages, intoxicated behavior or unsafe work habits.

3.6.3.3. Misconduct of any kind.

3.6.4. Under circumstances set out above, the contractor shall be responsible for immediate removal of his/her employees. When it is necessary to remove personnel, the contractor shall immediately furnish a replacement/replacements to carry out the services to be performed under this contract.

3.6.5. The Contractor's employees shall wear a shirt, coveralls, or other uniform item of a distinctive color bearing his/her identification. Uniform shall bear the Contractor’s name or logo. Employee clothing shall be kept reasonably clean and neat in appearance.

3.6.6. Vehicles, if company owned shall have the contractor’s name and logo on each side of the vehicle. Employees using personal vehicles shall display a park provided vehicle pass within the vehicle. Employees shall park in legal parking spaces within the park. Park vehicle pass does not apply to parking on DC streets or private parking areas.

4. Pre-Work Conference

4.1. A pre-work conference will be conducted between the National Park Service Contracting Officer

(CO) and the Contractor prior to the beginning of the work. The Contractor shall designate in writing at this meeting the names, telephone numbers, and addresses of all supervisors. The

Contractor or his/her supervisor shall be available at all times when the contract work is in progress to receive notices, reports or requests from the CO or the COR.

4.2. The contractor shall provide to the COR a complete list of all employees under this contract.

The list shall include individual tours of duty and schedules of work assignments. An updated list will be submitted five (5) days prior to the start of the contract and as any personnel or schedule changes are made.

5. Reports

5.1. The contractor shall maintain a daily work log recording the quantities of work performed and the locations. If requested a copy shall be filed with the COR on a daily or weekly basis.

6. Options

6.1. Options may be exercised for follow on years and will be funded at that time. Options years are not guaranteed; See clauses 52.217-9 and 52.232-19.

7. List of Attachments

7.1. Attachment A – Recycling Pricing Sheet (excel, 1 tab)

7.2. Attachment B – DOL Wage Determination 2015-4281 (PDF, 11 pages)

7.3. Attachment C – Related Experience Form (PDF, 1 page)

7.4. Attachment D – Past Performance Questionnaire (PDF, 4 pages)

8. Period of Performance

8.1. Period of performance is expected to be a one-year base period plus up to four (4) one- year options anticipated to be as follows:

Base Year 06/10/2024 - 06/09/2025

Option One (1) for Year 2 Services

06/10/2025 - 06/09/2026

Option Two (2) for Year 3 Services

06/10/2026 - 06/09/2027

Option Three (3) for Year 4 Services

06/10/2027 - 06/09/2028

Option Four (4) for Year 5 Services

06/10/2028 - 06/09/2029

9. Procedures for Payment

9.1. Payment will be included under the quoted line item to which this work relates. Invoices must match these line items.

9.2. All invoices must be verified and approved by the COR prior to payment.

9.3. Invoices accompanied by acceptance reports that have been signed by the COR shall be submitted by the Contractor through the Internet Payment Platform (IPP) System.

9.4. Payments will be based on a monthly schedule.

10. CLIN Structure

Monthly rate Sub-TOTALs

0010 - Base Year

1010 - Option One (1)

2010 - Option Two (2)

3010 - Option Three (3)

4010 - Option Four (4)

Total Evaluated Price

CLAUSE SECTION

CLAUSES INCORPORATED BY REFERENCE

CLAUSE TITLE DATE

52.203-13 Contractor Code of Business Ethics and Conduct, Alt I Nov 2021 52.204-13 System for Award Management Maintenance Oct 2018 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

Nov 2023

52.227-17 Rights in Data – Special Works Dec 2007

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Feb 2024)

(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 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.]

__ (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).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.203-17, 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].

_X_ (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).

_X_ (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).

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

__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (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.

__ (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 Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (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).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Fev 2024)

_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).

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

_X_ (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).

_X_ (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.)

_X_ (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.

__ (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.

__ (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 (Feb 2024) of 52.225-3.

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

__ (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 (Nov 2007) (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 (Oct 2018) (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:

[Contracting Officer check as appropriate.]

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

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

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

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

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

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

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) ( Pub. L.