Sol_140P2125Q0140.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 140P2123Q0140 is issued as a Request for Quotation (RFQ) constitutes the entire solicitation. Proposals and price quotations with detailed breakdown are being requested. 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 2023-04, effective June 11, 2025. This is a set aside for small business concerns under the North American Industry Classification System (NAICS) 238290, Other Building Equipment Contractors with a related small business size standard of $22m.

REQUIREMENT: The contractor shall provide the National Park Service with all labor, supplies, materials, equipment, parts, and travel necessary to perform the annual inspection, testing, and calibration of fuel monitoring systems equipment for seven fuel monitoring leak detection systems and automatic tank gauge equipment connected at Harpers Ferry National Historical Park (Maintenance Shop, Cook Hall, Morrell House, Brackett House, Mather Training Center, and the Bus Barn).

Due to space limitations, the complete commercial item specifications are contained in Solicitation Number 140P2123Q0140. 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 quotation. The government contemplates award of one best value, firm-fixed price contract resulting from this solicitation.

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 Items; 52.212-2 Evaluation-Commercial Items;

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services; 52.212-4 Contract Terms and Conditions Commercial Items; 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-Central Contractor Registration; 52.233-1 Disputes in Solicitations and Contracts; 52.233-4 Applicable Law for Breach of Contract Claim; and 52.245-1 Government Property.

Instructions to Offerors are provided for preparation of proposals beginning on Page 23.

Evaluation-Commercial Products and Commercial Services will be in accordance with FAR provision 52.212-2 as detailed beginning on Page 26.

• Site Visit will be held on Wednesday, July 16, 2025 at 8:30 am ET. See Clause 52.237- 1, Site Visit.

• Questions are due via email by 10:00 AM ED on July 28, 2025. Questions submitted using any other method will not be entertained. All questions concerning this request for proposal should be referred to Sheila Spring, Contracting Officer via email at sheila_spring@nps.gov. Offerors who contact anyone outside of the Office of Acquisition Management regarding this requirement may automatically be excluded from competition.

mailto:heila_spring@nps.gov

• Proposals are due via email by 10:00 AM ED on August 7, 2025 to sheila_spring@nps.gov with the subject line clearly identifying “Solicitation Number 140P2123Q0140 – HVAC Maintenance and Repair”. Offers by telephone, transmitted via facsimile (fax), or submitted using any other method will not be accepted.

All offerors must be registered in the System for Award Management (SAM) through the website SAM.gov to be considered eligible for award and shall be considered a small business for the size standard associated with the NAICS code.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM."

mailto:sheila_spring@nps.gov

140P2125Q0140

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

07/07/2025 0044014580

1 58

P.O.Box 25287 MS WCP Denver CO 80225

NPS, WASO - WCP Contracting 09/14/2026

NPS, Harpers Ferry NHP

230B Zachary Taylor Place

Harpers Ferry

WV 25425

304 535-6239Sheila Spring

08/07/2025 1000 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Fuel Monitoring Systems Equipment for Harpers Ferry National Historical Park

The Contractor shall furnish all labor, supplies, materials, equipment, and travel necessary for the perform annual inspection, testing and calibration of seven fuel monitoring leak detection systems and automatic tank gauge equipment connected to the fuel tank systems for the five water sourced boilers and fuel dispensing units at Harpers Ferry National Historical Park in accordance with the attached Scope of Work.

00010 Service Fuel Management Systems 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 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P2125Q0140

Product/Service Code: F999

Product/Service Description: OTHER ENVIRONMENTAL

SERVICES

Delivery: 09/14/2026

Period of Performance: 09/15/2025 to 09/14/2026

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

Solicitation Number:

140P2125R0140

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

SYSTEMS EQUIPMENT FOR HARPERS FERRY NATIONAL HISTORICAL PARK

PART A – CONTINUATION OF SF 1449

Supplemental Information:

1. This procurement is set aside as small business under NAICS code 238290 “Other Building

Equipment Contractors” with a size standard of $22m.

2. The Government plans to award one (1) firm-fixed-price contract as a result of this solicitation.

3. Submitted offers shall be valid for 120 calendar days from the date specified for receipt of offers.

4. The price schedule (Blocks 19-24) applicable to this contract is outlined under Item 5 below, Pricing Schedule.

5. PRICING SCHEDULE

The contractor shall provide the National Park Service with all labor, supplies, materials, equipment, parts, and travel necessary to perform the annual inspection, testing, and calibration of fuel monitoring systems equipment for seven fuel monitoring leak detection systems and automatic tank gauge equipment connected at Harpers Ferry National Historical Park (Maintenance Shop, Cook Hall, Morrell House, Brackett House, Mather Training Center, and the Bus Barn).

A. ANNUAL MAINTENANCE

CLIN DESCRIPTION

0010 Preventative Maintenance – Year 1 Total Cost Year 1 $

0020 Preventative Maintenance – Year 2 Total Cost Option Year 2 $

0030 Preventative Maintenance – Year 3 Total Cost Option Year 3 $

0040 Preventative Maintenance – Year 4 Total Cost Option Year 4 $

0050 Preventative Maintenance – Year 5 Total Cost Option Year 5 $

B. OPTIONS

The duration of this contract is for one year with four optional years for continued performance.

(1) At the option of the government, this order may be modified by the Contracting Officer to include Optional Year 2 services for the preventative maintenance and repairs. If this option is exercised, the Time for Completion will be extended for an additional 12-month term and the rate for CLIN 0020 will be incorporated.

(2) At the option of the government, this order may be modified by the Contracting Officer to include Optional Year 3 services for the preventative maintenance and repairs. If this

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

term and the rate for CLIN 0030 will be incorporated.

(3) At the option of the government, this order may be modified by the Contracting Officer to include Optional Year 4 services for the preventative maintenance and repairs. If this term and the rate for CLIN 0040 will be incorporated.

(4) At the option of the government, this order may be modified by the Contracting Officer to include Optional Year 5 services for the preventative maintenance and repairs. If this term and the rate for CLIN 0050 will be incorporated.

6. BACKGROUND

The State of West Virginia has delegated authority from the United States Environmental Protection Agency (EPA) to regulate petroleum storage tanks. The state regulatory agency is the West Virginia Department of Environmental Protection (DEP).

As delegated by the United States Environmental Protection Agency (EPA), the West Virginia Department of Environmental Protection (WVDEP) requires annual inspection, operations test and calibration of automatic line leak detectors and automatic tank gauge equipment for storage tank systems. This applies to all petroleum storage tanks.

Six Park facilities have regulated petroleum storage tanks. There are seven fuel monitoring leak detection systems and automatic tank gauge equipment connected to the Above Ground Storage (AST) fuel tank systems for the five water sourced boilers at the Maintenance Shop, Cook Hall, Morrell House, Brackett House, and Mather Training Center. There are two fuel dispensing units, an Underground Storage Tank (UST) at the Bus Barn and an Above Ground Storage (AST) at the Maintenance Shop.

The six facilities require annual inspection, testing, and calibration of the fuel monitoring systems.

As mandated by WV Code, Chapter 20, Article 30, Section 6 (WV Code §22-30-6 or the Act) and Legislative Rule Title 47, Series 63, Section 5.2 (47 CSR 63-5.2) each regulated Level 1 and 2 aboveground storage tank and its associated secondary containment structure must be evaluated and certified by a qualified person, as described below:

• professional engineer licensed by the State Board of Registration for Professional Engineers, or

• qualified person working under the direct supervision of a professional engineer (PE) licensed by the State Board of Registration for Professional Engineers, or

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

• individual certified by the American Petroleum Institute (API) to perform tank inspections, or

• individual certified by the Steel Tank Institute (STI) to perform tank inspections

The Park will submit a certification that the regulated AST and its associated secondary containment structure have been evaluated and meet the standards established in the AST Rule (47 CSR 63). Any Level 1 or Level 2 AST properly inspected and certified pursuant to the Interpretive Rule (47 CSR 62) will be considered to have met the initial inspection criteria under the AST Rule (47 CSR 63).

As mandated for underground storage tanks (USTs) by WV Code, Chapter 22, Article 17, Section 13 (WV Code §22-17-13 Inspections, monitoring and testing) and Legislative Rule Title 33, Series 30, Section 33-30-3 (Certification Requirements) paragraph 3.2, a certified individual is required to perform work on such tanks and their associated equipment. This certified individual is required, in order to furnish information relating to such underground storage tanks, their associated equipment and contents, and conduct reasonable monitoring or testing, such that each inspection shall be commenced and completed with reasonable promptness.

7. SCOPE OF WORK

The Contractor shall furnish all labor, supplies, materials, equipment, and travel necessary for the performance of work set forth herein for Harpers Ferry National Historical Park.

7..1 Perform annual inspection, testing and calibration of seven fuel monitoring leak detection systems and automatic tank gauge equipment connected to the fuel tank systems for the five water sourced boilers at the Maintenance Shop, Cook Hall, Morrell House, Brackett House, and Mather Training Center, and for the fuel dispensing units at the Bus Barn and Maintenance Shop.

The inspection, testing and calibration shall be accomplished per manufacturer instructions and standards, and shall meet the requirements of all Federal, State, and Local laws and regulations.

Specific requirements are:

7.1.1 Automatic tank gauge and other controllers: test alarm; verify system configuration; test battery backup.

7.1.2 Probes and sensors: inspect for residual buildup; ensure floats move freely;

ensure shafts are not damaged; ensure cables are free of kinks and breaks; test alarm operability and communication with controller.

7.1.3 Calibrate the automatic tank gauge, per manufacturer instructions, per code of practice developed by a nationally recognized association or independent

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

testing laboratory; or per requirements determined by the West Virginia DEP, the implementing and regulating agency for the State of West Virginia.

7.2. The Contractor shall document on the (WVDEP ATG Testing Report Form (See Attachment B), a written report the inspection, testing and calibration results that includes what tasks were performed, which equipment components were tested, inspected, and/or calibrated, which equipment components either passed or failed, what deficiencies were found, and what are recommended actions to repair or resolve any deficiencies noted during this work.

7.3 The Contractor shall comply with all applicable

(1) Federal, state, and local environmental statutes, instructions, manuals, handbooks, regulations, guidance, policy letters, and rules (including all changes and amendments),

(2) Presidential Executive Orders, in effect on the date of issuance of this contract.

(3) Occupational safety and health statutes and regulations, and

(4) Fire prevention and fire safety statutes, regulations, instructions, manuals, handbooks, regulations, guidance, policy letters, and rules (including all changes and amendments).

Where there is a conflict between the referenced standards, the most stringent shall take precedence. All work accomplished by Contractor shall comply with these criteria unless a change is obtained from the Contracting Officer when conditions warrant such consideration.

8. WORK LOCATION/WORK HOURS

The Contractor shall perform work at Harpers Ferry National Historical Park, Harpers Ferry, West Virginia. The specific locations are at Buildings for the fuel monitoring systems. See Attachment A for fuel monitoring systems locations.

Work shall be performed during the hours of 7:00 a.m. to 3:00 p.m., Eastern Time, Monday through Friday, excluding federal holidays and Park closures. The Contractor shall request in writing to the CO any deviation at least 48 hours in advance. The Contractor shall not work on federal holidays without written approval from the CO.

9. TECHNICAL REPORTS

The Contractor shall submit to the CO and COR the following two technical reports and any recommendations:

9.1 Results of Annual Inspection Certification (See Attachment C) for testing and calibration of fuel monitoring systems and the WVDEP ATG Testing Report Form, Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

9.2 If applicable, recommendations of required maintenance service or repair for discovered deficiencies shall be included in the applicable technical report.

10. FINAL INSPECTION

The Contractor shall conduct a final inspection with the POC and Park personnel, as applicable, and include the findings in a final inspection report. The final inspection will consist of all systems tested. Inspection, testing, calibration and any recommendations of required minor maintenance service or repair (but not to be performed under this contract) shall be included in the applicable technical report.

The COR or Project POC will sign for the work performed to acknowledge that the Contractor completed all tasks to the Government’s satisfaction.

11. REPORT SUBMISSION

The contractor shall submit the certification that the regulated AST and its associated secondary containment structure have been evaluated and meet the standards established in the AST Rule (47 CSR 63). Any Level 1 or Level 2 AST properly inspected and certified pursuant to the Interpretive Rule (47 CSR 62) will be considered to have met the initial inspection criteria under the AST Rule (47

CSR 63).

12. PERIOD OF PERFORMANCE

Period of Performance for this work shall be as follows:

Base Period September 15, 2025 through September 14, 2026 Option Year 1 September 15, 2026 through September 14, 2027 Option Year 2 September 15, 2027 through September 14, 2028 Option Year 3 September 15, 2028 through September 14, 2029 Option Year 4 September 15, 2029 through September 14, 2030

13. KICK-OFF MEETING

The Contractor shall attend one startup (kickoff) meeting. On first day of site work, the Contractor shall meet with the CO, COR and Project POC at the Maintenance Building located at 230 Zachary Taylor Street, Harpers Ferry, WV 25425 prior to any work commencement. When applicable, the Contractor shall submit to the CO and COR a written report of any observed site conditions that differ from the specified scope of work. Discrepancies that may affect the scope of work and total cost shall be resolved between the Contractor and the CO prior to start of work.

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

14. SAFETY AND HEALTH

14.1 Personnel Safety and Health, and Traffic Safety

The Contractor shall maintain safe and healthful working conditions for all personnel and must ensure conformance with standards developed under United States Public Law 91-596, the Occupational Safety and Health Act (OSHA) of 1970, State Occupational Safety and Health (OSH) standards, American National Standard Institute (ANSI) and National Fire Protection Association (NFPA) standards. If a conflict occurs, the Contractor shall apply the more stringent standards. Contractor personnel shall abide by Contractor’s own occupational safety and health program.

The Contractor shall allow the Park COR and/or Project POC to monitor all operations to ensure the safety of Government property and Park personnel.

14.2 Mishap Reporting:

Report all mishaps resulting in injury or illness to any person or damage to Government property or equipment due to Contractor operations no later than the end of the next workday to the CO and COR. If the mishap includes damage to Government property or equipment, the report and subsequent investigation is governed by the National Park Service.

14.3 Mishap Investigation

The Government has the authority to conduct investigations of mishaps in Government facilities managed by Contractors or to participate in the Contractor's investigation of Contractor mishaps. The Contractor shall participate in and cooperate with Government mishap investigations, as requested.

15. ATTACHMENTS

The following documents are attached and incorporated into this contract.

Attachment A – Fuel Monitoring Systems Locations, 1 page, WORD DOC

Attachment B – ATG Testing Report Form, 2 pages, PDF Attachment C – Annual Inspection _Fit For Service Form, 1 page, PDF Attachment D – Annual Inspection_Not Fit for Service Form, 1 page, PDF

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

INSTRUCTIONS TO OFFERORS:

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

All interested parties must be registered in the System for Award Management or SAM at time an offer or proposal is submitted.

The offerors must submit a quote to the Contracting Officer, Sheila Spring via email at sheila_spring@nps.gov no later than 10:00 am ET, on August 7, 2025.

Offers must submit the following information requested in a) – d) below:

a) Checklist for proposal submittal:

• This page of the solicitation completed as the first page in the package ☐

• All amendments acknowledged using one of the methods set forth in Box 11 of the SF-30 ☐

• Completed Provisions (including 52.204-24, 52.204-26, and others as applicable) ☐

b) Provide a project narrative that demonstrates how the company will successfully meet the needs of the statement of work (limit to two pages) ☐

c) Contractor Core Data: Fill below

Offerors Company Name:

Offerors Unique Entity Identifier (UEI):

Offerors CAGE Code:

Offerors POC:

Offerors Phone/Email:

d) Price Schedule:

• Provide a breakdown of cost elements for the base year and each option year. ☐

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this address:

www.acquisition.gov

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 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

CLAUSE SECTION

http://www.acquisition.gov/

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

(10) The Office of Intelligence and Analysis of the Department of the

Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities;

involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order.

A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new

FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

http://www.sam.gov/

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

Document Title:

ANNUAL INSPECTION, TESTING, AND CALIBRATION OF FUEL MONITORING

(B) For all other contracting offices, the Contractor shall report to the Contracting

Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(J) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(K) Any further available information about mitigation actions undertaken or recommended.

(L) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-

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agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph

(e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2025) DEVIATION FEB 2025

(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

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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).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021)(41U.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].

(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

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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.

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(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) (15 U.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 (Jan 2025)

_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.

(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.

(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.

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

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_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).

(40) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

(44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

(45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

(46) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB 2025) (7 U.S.C.8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(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).

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

(49) (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.

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(ii) Alternate I [Reserved].

(iii) Alternate II (Jan 2025) of 52.225-3.

(iv) Alternate III (Feb 2024) of 52.225-3.

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

(50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(57) 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).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled

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by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

(65) (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. chapter67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41U.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

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U.S.C.1792).

(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).

(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.