Sol_140P8221Q0037.pdf

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WAPA DISPOSE & FURNISH CONTAINER
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140P8221Q0037
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140P8221Q0037

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

09/14/2021 0040542087

1 36

300 Ala Moana Blvd, Room 6-226 Box 50165 Honolulu HI 96850

NPS, PWR - HONO MABO

03/01/2022

NPS, War In The Pacific NHP

Suite 100 135 Murray Blvd

Hagatna

GU 96910

808 541-2693Shawna Rogers-Bailey

09/21/2021 1500 HT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This is a COMBINED SYNOPSIS / SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

The National Park Service contemplates award of a firm fixed price contract as a result of this combined synopsis/solicitation to the vendor.

This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P8221Q0037. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2021-07 9-10-2021 and are available in full text through Internet access at http:// www.acquisition.gov/far/.

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 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P8221Q0037

Point of Contact:

National Park Service Contracting Specialist

Name: Shawna Rogers-Bailey

Email: Shawna_Rogers-Bailey@nps.gov

Phone: 808-541-2693 ext. 7721

The acquisition is in support of War in the

Pacific National Historical Park.

This is a 100% Total Small Business Set Aside.

The North American Industry Classification System

(NAICS) code is 238910 Site Preparation

Contractors. The small business size standard is

$16.5 Million.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) PAST PERFORMANCE

(ii) PRICE

At the discretion of the Contracting Officer, the

Government intends to evaluate proposals and award a contract without discussions with offerors. Each initial offer should, therefore, contain the Offeror's best terms from both a price and technical standpoint.

This acquisition will be evaluated in accordance with 13.106-2(b)(4)(ii). Award will be based on whether the lowest priced offer with acceptable past performance rating represents the best value when compared to any lower priced offers. Past performance will be evaluated on up to three recent and relevant contracts for the same or similar items/services. To be considered recent, the projects must have been performed within the past five years.

The Government will use the information submitted by the offeror's references as well as any information derived from other sources, such as the Past Performance Retrieval System (PPIRS) to evaluate past performance. The Government may, at its discretion, contact other known customers, customer protection organizations, or other sources that may have useful and/or relevant past performance information.

Period of Performance: 09/30/2021 to 03/01/2022

Continued ...

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P8221Q0037

00010 DISPOSE OF CONTAINER, DEBRIS

Product/Service Code: P999

Product/Service Description: SALVAGE- OTHER

Delivery: 03/01/2022

Period of Performance: 09/15/2021 to 03/01/2022

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

War in the Pacific National Historical Park Removal and Site Cleanup

NATIONAL PARK SERVICE

1.0 General – Summary of Work

1.1. Work Covered by Contract Documents

Project Location: This project is located at the park’s maintenance facility, located at:

415 North Marine Corps Drive Piti, Guam 96915 Across the Asan Beach Unit of the park on the north bound lane side or Route 1

1. Breakdown and Dispose of Three (3) metal shipping containers, associated metal structures and miscellaneous debris

i. Removal of three (3) metal shipping container from the south western corner of the maintenance facility.

1. Containers must be disposed of off site at an approved solid waste handling, hard fill, or recycling center per Government of Guam and/or Federal waste handling regulations

ii. Demolition of metal roofing structure welded to existing metal shipping containers.

1. Metal waste must be disposed of offsite at an approved solid waste handling, hard fill, or recycling center per Government of Guam and/or Federal waste handling regulations

iii. Disposal of various debris and waste from interior of containers and immediate vicinity

1. Approximate volume of waste to be disposed of is 100 cubic yards (CY) and consists primarily of

a. Concrete masonry unit (CMU) blocks

b. Various wood shelves and fixtures

c. Various unused building materials to include plastic pipes, fittings

d. Various small metal waste

e. Other unsorted, building, or general municipal waste

2. All waste to be disposed of offsite at an approved solid waste handling, hard fill, or recycling center per Government of Guam and/or Federal waste handling regulations

2. General Contract and Site-Specific Conditions

a. A site visit is recommended prior to commencement of work to familiarize the contractor of existing conditions, logistics, access and presence and type of waste and containers/ fixtures to dispose of.

b. Contractor shall field verify all measurements and quantities prior to commencement of work

i. For estimation purposes, the 100 cubic yard volume of waste should be used

1. Contractor to coordinate with park POC or COR on which materials are to be disposed of on site.

2. After award, a coordination meeting will be established to “mark” waste based on volume allowance in the contract

3. Debris/ waste is not to be removed or placed in trash container unless the park POC or COR has marked it for disposal.

ii. To the maximum extent possible, contractor to sort and recycle waste types to minimize impact to island landfill.

iii. For all waste disposed, contractor shall provide National Park Service POC or COR with receipts to include method of disposal (recycle, scrap, landfill, etc.) and volumes of waste disposed of. This will be required for project close out and final acceptance.

c. Unless approved by the contracting officer, the contractor shall not use National Park Service staff, equipment, or facilities to receive, store, and deliver items on their behalf.

i. Contractor shall assume all responsibility and costs for the removal of old, waste material.

ii. The park will make arrangements to secure contractor owned equipment on site after notice of award if necessary.

1.2. Public Use of the Site

The project site is not open to the public and contractor and NPS representative will arrange for site usage after award.

1.3. Contractor Use of Site

1. General: Limit use of the site during the renovation period to the project area limits as outlined on the attached site map. Do not disturb portions of the site beyond the project area limits. No ground-disturbing activity will be allowed unless approved by NPS natural and cultural resource staff and communicated to the contractor through the Contracting Officer and/or the Contracting Officers Representative.

2. Park Entry: The contractor shall furnish a list of personnel who will work on this service and supply contract with phone contact information.

3. Site Access: Site access will be arranged after award of contract. The contractor will only be allowed to operate vehicles on park roads and parking lots.

4. Park Regulations: Ensure all personnel (contractors, subcontractors, and vendors) entering or working in the park are familiar with and obey all park regulations.

5. Working Hours: Regular work hours shall be limited to daylight hours from 7:00 a.m.

until 3:30 p.m. every day, excluding Thanksgiving, Christmas, and New Year’s Day.

Work outside regular hours requires approval from the contracting officer.

6. No Smoking Policy: Smoking is prohibited inside or outside within 25 feet of any buildings in the park. This applies to existing buildings, buildings under construction, and buildings under renovation. Discarding of tobacco products or debris anywhere other than into designated tobacco receptacles is considered littering and subject to fines.

7. Staging and Storage: Confine storage of equipment and materials to the staging / lay-down / storage areas or temporary waste transitional areas as established at the pre-work meeting prior to notice to proceed.

8. Parking: The contractor shall park vehicles and heavy equipment (if applicable) in designated areas for contractor use or as established at the pre-work meeting. Vehicles are not permitted within long-term or overnight parking along roads.

9. Driveways and Entrances: The contractor shall keep driveways and entrances serving the premises clear and available to the government, government employees, and emergency vehicles at all times.

10. Preservation of Natural Features: Prevent damage to natural surroundings. Restored damaged areas and replace damaged trees, vegetation, and grass at no expense to the government if applicable.

1.4. Reference Documents and Reports

General: The following reference documents / reports are available upon request to supplement the information specified in the contract documents.

Illustration 01: General Site Photograph annotating three containers and metal roof and frame to demolish and dispose of

Illustration 02: Detail photos of metal roof frame Illustration 03: Detail photos of exterior condition of containers and various debris to remove, dispose of Illustration 04: Interior detail photos of container and debris to remove, dispose of Illustration 05: Various other debris and material located at other areas within the maintenance facility to dispose of.

2.0 Park Regulations

2.1. General:

1. Ensure personnel (contractors or subcontractors) working in the park become familiar with and obey all park regulations, wear hard hats and other personal protective equipment (PPE) in designated areas as required, and do not enter any restricted areas unless required to do so and until cleared for such entry.

2. Ensure equipment is conspicuously marked for identification.

3. The Contractor shall restrict employees / representatives to the work site and control travel directly to and from the work site.

4. Restore all traffic / parking / security signs and markings, including space numbers, designations, and lines, to their original form if such signs / markings are defaced or deleted during repair.

5. Control and provide security of Contractor-owned equipment and materials at the work site. Report immediately missing / lost / stolen property to the park’s Law Enforcement Division. Details will be provided after notice of award.

6. Vehicles / Heavy Equipment:

a. Rules of the Road: All vehicles and heavy equipment will comply with posted traffic regulations, including speed limits and double-yellow center lane markings. Vehicles and heavy equipment shall take every safe opportunity to use paved roadside pullouts to allow faster moving traffic to pass. Failure to comply with traffic regulations will result in a citation being issued to the driver.

b. Vehicle Parking: Vehicles are not permitted within long-term or overnight parking along park roads or in associated overlooks / pullouts. Vehicles and heavy equipment will be permitted at designated parking areas only.

c. Vehicle Exhaust: All vehicles will be properly maintained to ensure that the exhaust produced is within legal limits. Effects of excessive vehicle exhaust may be subject to enforcement of State and Federal laws regarding emissions as well as those regarding threatened and endangered species.

d. Spills: Contractor shall be responsible for any cleanup efforts required in accordance with 40 CFR and all applicable state environmental quality laws regarding disposal and cleanup of hazardous / industrial wastes. Contractor must immediately notify the Contracting Officer of spills.

e. Commercial Vehicle Safety Inspections: The Contractor, employees, contractors, and subcontractors shall fully cooperate regarding safety inspections of commercial vehicles within the Park. Commercial vehicle safety inspections are conducted unannounced for employee and visitor safety.

Vehicles are checked for safety and mechanical deficiencies and for compliance with current state and federal laws and regulations. Driver licenses and medical certificates are also checked.

f. DOT Compliance: All vehicles are to be compliant with all DOT requirements including but not limited to driver with appropriate license class, medical examiner card as appropriate with license class, carrying three (3) triangles or three (3) flares, mounted fire extinguisher, and valid DOT safety sticker.

g. Slow Vehicles: The Contractor is to notify the Contracting Officer of slow vehicles that may cause traffic delays or extended traffic lines. Vehicles that are slow are requested to enter the Park AFTER 2:00 p.m. and exit the Park BEFORE sunset.

h. Oversized Vehicles: Oversized vehicles are defined as vehicles where the width of the vehicle or load exceeds one lane (i.e., beyond the center line of the paved road). Oversized vehicles must not exceed the clearances along the Park road corridor. Oversized vehicles will require an escort and drivers must avoid driving on the edges of the Park road. The Contractor is to notify the Contracting Officer of oversized vehicles, scheduled dates and estimated arrival times at the park entrance, and the identity of who is escorting the vehicle (e.g., police, contractor, etc.).

7. Emergency Medical and Accident Reporting:

a. The Contractor or subcontractor shall contact the Department of Public Safety for any medical emergency or traffic accident occurring within the Park.

Emergency number: Dial 911 as needed.

b. The Contractor or subcontractor is required to report ANY personal injury and / or property damage incident occurring within the park. This report must be made to an NPS Ranger at the first available opportunity before leaving the park:

Park Ranger Contact: Jayson Tinney, Chief Ranger, (670) 483-7252

2.2. Resource Protection

General: The park is committed protecting natural and cultural resources found within the park and adjacent lands. The Contractor must comply with the following rules and conditions:

1. Invasive Species: The introduction of non-native invasive species can threaten rare and endangered species or can create new populations of non-native species not traditionally found in the park. The contractor is required to inform personnel, subcontractors, and vendors to thoroughly clean all vehicles, equipment, tools, supplies, and materials prior to packing / loading.

2. Endangered Species: Endangered species are protected by Federal law. Obey all park regulations. Drivers must obey all traffic laws and keep an eye out for animals on or alongside road. Contact park rangers immediately if animal is hit or injured or will not move off the road.

3. Archaeological Resources: Archaeological resources are physical evidences of past human activity, including evidences of the effects of that activity on the environment.

Archaeological resources are found above and below ground and underwater. No ground disturbance will be allowed except for the area where existing in ground conduit will be removed and replaced.

4. Soundscape / Noise: The contractor shall minimize noise levels at the project site to protect the soundscape of the park. Perform noise-producing work in less sensitive hours of the day or week or as directed by the contracting officer.

3.0 List of Contract Line Items

3.1. Contract Price Item No. 1 – Perform all Work as itemized in Section 1.1

1. This price consists of all labor, materials, overhead, and profit for the work as outlined in Section 1.0

2. Invoicing shall occur through the Invoice Processing Platform (IPP).

3.2. Method of Proposal and Payment Schedule

1. Proposal shall be lump sum for the above-mentioned services for the entire performance period

2. Invoice shall contain the following information to be deemed “actionable”

a. Date of invoice

b. Contractor Address

c. Contractor DUNS Number

d. An original signature from the contractor’s representative or accounting official

e. Contract number

f. Line Item charges

g. Period of performance covered

h. Amount charged in US Dollars ($)

3. All invoices shall be subject to the terms noted in the statement of work.

a. All invoices shall be submitted into the Invoice Processing Platform (IPP)

b. All payments shall be processed via an EFT (electronic funds transfer)

c. A “Courtesy Copy” or company invoice shall be emailed in PDF format to the

Park for reference and processing

d. The Contractor must still submit the standard invoice through IPP even though the conditions for 3c have been met.

4.0 Safety Requirements

4.1. General

This section includes establishing an effective accident prevention program and providing a safe environment for all personnel and visitors.

4.2. Quality Assurance

1. Comply with contract clauses entitled "Accident Prevention" and "Permits and Responsibilities". In case of conflicts between Federal, State, and local safety and health requirements, the most stringent shall apply.

2. Equipment or tools not meeting OSHA requirements will not be allowed on the project sites. Failure to comply with the requirements of this section and related sections may result in suspension of work.

3. Contractor is always required to have Safety Data Sheets (SDS) for all Hazardous materials on the job site.

4. Qualifications of Employees

a. All employees must be physically qualified and able to perform their assigned duties in a safe manner. Contractor’s employees will be trained confined space technicians.

Work will be performed by insured, bonded, and licensed technicians. All work will meet applicable codes.

b. Do not allow employees to perform work whose ability or alertness is impaired because of prescription or illegal drug use, fatigue, illness, intoxication, or other conditions that may expose themselves or others to injury.

c. Operators of vehicles, hoisting equipment, and hazardous plant equipment shall be able to understand signs, signals, and operating instructions, and be fully capable of operating such equipment. Provide operating instructions for all equipment. Newly hired operators shall be individually tested by an experienced operator or supervisor to determine if they are capable of safely operating equipment.

5.0 Temporary Facilities and Controls

This contract will not require temporary facilities and controls, except for safety barricades at the jobsite during periods where trenching activities occur

6.0 Waste Management and Disposal

6.1. Disposal of Waste

1. General: Except for items or materials to be salvaged, recycled, or otherwise reused, remove waste materials from Project site and legally dispose of them in a landfill or incinerator acceptable to authorities having jurisdiction.

a. Except as otherwise specified, do not allow waste materials that are to be disposed of to accumulate on-site.

b. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.

2. Burning: Do not burn waste materials.

3. Disposal: Transport waste materials off Government’s property and legally dispose of them.

INSTRUCTIONS TO OFFERORS:

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

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

The offerors shall submit an offer to the Contracting Officer by email to: Shawna_Rogers-Bailey@nps.gov

Offers shall submit the following information in its entirety:

a) Checklist for quotation submittal:

This page of the solicitation completed as the first page in the package ☐ Signed acknowledgement of SF 18 ☐ Signed amendments if applicable ☐ Three prior experiences of projects in similar size and scope within the past five years to include:

o Brief description of project o Point of contact information ☐

b) Price Schedule: (Edit as needed. If a more complex price schedule is required, you can make it part of your checklist for submittal and attach to the package.)

Item Number Description Price 10 Removal of Storage Containers $ 20 Remove Roof Structure $ 30 Dispose of Debris $

Total $

c) Contractor Core Data:

Offerors Name:__________________________________________________________________

Offerors Address:________________________________________________________________

Offerors DUNS:__________________________________________________________________

Offerors POC:___________________________________________________________________

Offerors Phone/Email:_____________________________________________________________

Clauses Section

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http:// www.acquisition.gov/far/

52.204-13 System for Award Management Maintenance OCT 2018 52.212-4 Contract Terms and Conditions - Commercial Items OCT 2018

FAR 52.252-2 Clauses Incorporated by Reference FEB 1998 file://inppwhoapp01/shdata/8.%20%20CONTRACTING/SERVICES/FY21/1408221Q0022%20PERL%20Theater%20Renovation/Shawna_Rogers-Bailey@nps.gov http://www.acquisition.gov/far/

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984

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

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

a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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 items:

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

☐ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

FAR 52.252-6 Authorized Deviation in Clauses NOV 2020

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items JUL 2021 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1124452424 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim

☐ (ii) Alternate I (Mar 2020) of 52.219-3.

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

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

☐ (ii) Alternate I (Mar 2020).

☐ (iii) Alternate II (Nov 2011).

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

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

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

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9 ☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

☐ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

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

☐ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

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

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

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

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

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

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

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

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

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

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

13496).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057823 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057902 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057947 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055664 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056304

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

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

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

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

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

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

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

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

☒ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

☒ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☒ (ii) Alternate I (JAN 2021) of 52.225-3.

☐ (iii) Alternate II (JAN 2021) of 52.225-3.

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

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (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. 2302 Note).

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

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

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

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

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☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

☐ (iii) Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

This statement is for information only. It is not a Wage Determination.

Employee Class: Telecommunications Mechanic Monetary Wage-Fringe Benefits: $25.00

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

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

☐ (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 Under Executive Order 13658 (Nov 2020).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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.

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