Sol_140P8520Q0032.pdf

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Park-wide Propane and Maintenance for Yosemite NP
Solicitation number
140P8520Q0032
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This is a Request for Quotation issued by the National Park Service seeking a contractor to supply and deliver propane to 354 tanks located at over 100 sites throughout Yosemite National Park. The performance period is one base year with four one-year option periods. Quotes are due by September 2, 2020 and must be submitted via email. The solicitation will result in a firm fixed-price contract with economic price adjustment to a single awardee determined responsive and responsible. Non-price factors of technical capability, past performance, and price will be evaluated, with price and non-price factors approximately equal. Attachments include a tank list, quote/pricing sheet, DOL wage determination, and past performance/experience form.

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

PO1

Mariposa CA 95338 5037 Stroming Rd.

DOI, NPS, PWR - SF/SEA MABO - YOSE

0009060678 CODE 16. ADMINISTERED BYCODE

X

X

211130

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORPPO

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/02/2020 1700 PT

08/18/2020

(928) 6120074Lisa Henson (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P8520Q0032

5. SOLICITATION NUMBER

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

1 47 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

El Portal CA 95318 5083 Foresta Road PO Box 700-W NPS, Yosemite NP

15. DELIVER TO

San Francisco CA 94104 Suite 500 333 Bush Street

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,250

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS, PWR - SF/SEA MABO

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Description: This is a Request for Quotation for the supply and delivery of propane to 354 National Park Service owned tanks at more than 100 individual locations throughout Yosemite National Park. Please refer to the attached Scope of Work for the full requirement.

Award will be based on Best Value. Please refer to page 45, Quotation Package, to ensure all documents are submitted for a complete quote.

Quotes will be accepted by email only to

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Brian Cyr

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

lisa_henson@nps.gov no later than September 2, 2020 at 5:00 p.m. Pacific time; questions due

August 26, 2020.

The NAICS code for this solicitation is 211130.

Contractors must be currently listed in the

System for Award Management (beta.SAM.gov) with

NAICS 211130 to be considered for award.

This RFQ contains the options to extend the term of the contract up to five years. Should these options be exercised, pricing shall continue at the same rates as evaluated at award.

Delivery: 09/14/2021

Period of Performance: 09/15/2020 to 08/31/2025

00010 Propane for buildings

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

LIQUIFIED

Period of Performance: 09/15/2020 to 09/14/2021

00020 Propane for seasonal housing

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

47 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P8520Q0032

LIQUIFIED

FOB: Destination

Period of Performance: 09/15/2020 to 09/14/2021

00030 Propane for permanent housing

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

LIQUIFIED

FOB: Destination

Period of Performance: 09/15/2020 to 09/14/2021

00040 Propane for White Wolf and Crane Flat utilities

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

LIQUIFIED

FOB: Destination

Period of Performance: 09/15/2020 to 09/14/2021

00050 Propane for Wawona utilities

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

LIQUIFIED

FOB: Destination

Period of Performance: 09/15/2020 to 09/14/2021

00060 Propane for El Portal utilities

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

LIQUIFIED

FOB: Destination

Period of Performance: 09/15/2020 to 09/14/2021

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

4 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P8520Q0032

00070 Propane for Tuolumne Water Plant

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

LIQUIFIED

FOB: Destination

Period of Performance: 09/15/2020 to 09/14/2021

00080 Propane for Wawona rangers

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

LIQUIFIED

FOB: Destination

Period of Performance: 09/15/2020 to 09/14/2021

00090 Option year one; propane supply, delivery, and maintenance park-wide.

(Option Line Item)

09/15/2021

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

LIQUIFIED

FOB: Destination

Period of Performance: 09/15/2021 to 09/14/2022

00100 Option year two; propane supply, delivery, and maintenance park-wide.

(Option Line Item)

09/15/2022

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

LIQUIFIED

FOB: Destination

Period of Performance: 09/15/2022 to 09/14/2023

00110 Option year three; propane supply, delivery, and maintenance park-wide.

(Option Line Item)

09/15/2023

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

LIQUIFIED

FOB: Destination

Continued ...

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

5 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P8520Q0032

Period of Performance: 09/15/2023 to 09/14/2024

00120 Option year four; propane supply, delivery, and maintenance park-wide.

(Option Line Item)

09/15/2024

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED &

LIQUIFIED

FOB: Destination

Period of Performance: 09/15/2024 to 09/14/2025

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

RFQ #140P8520Q032 – Park-wide Propane at Yosemite NP Page 6 of 47

Table of Contents

SECTION B – Supplies or Services and Prices

B.1 PRICE SCHEDULE

SECTION C – Description and Specifications

C.1 STATEMENT OF WORK

SECTION E – Inspection and Acceptance

E.1 52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

SECTION G – Contract Administration Data

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

G.2 CONTRACT ADMINISTRATION

G.3 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING

PLATFORM (IPP) (APR 2013)

G.4 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC 2015)

SECTION I – Contract Clauses

I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (AUG 2020)

I.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.5 52.236-4 PHYSICAL DATA (APR 1984)

SECTION J – List of Documents, Exhibits, and Other Attachments

J.1 LIST OF ATTACHMENTS

SECTION K – Representations, Certifications, and Other Statements of Offerors or Quotes

K.1 52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 27

K.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (MAR 2020)

SECTION L – Instructions for the Submission of Offers and Other Information

L.1 52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 43

L.2 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION – DEPARTMENT

OF THE INTERIOR (APR 1984)

L.3 INQUIRIES (ASKING QUESTIONS)

L.4 QUOTATION PACKAGE

L.5 RESPONSIBLITIY DETERMINATION

SECTION M – Evaluation Factors

M.1 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

RFQ #140P8520Q032 – Park-wide Propane at Yosemite NP Page 7 of 47

SECTION B – Supplies or Services and Prices

B.1 PRICE SCHEDULE

The Contractor shall furnish all labor, equipment, materials, and incidentals necessary to satisfy the requirements of this solicitation. A single award is anticipated for a Firm Fixed Price contract.

Offerors are required to fill out the attached Quote/Pricing Sheet, as referenced in Section J, pg. 26. The Pricing Sheet will be used to determine fair and reasonable pricing against current market rates, independent government estimates, and competitive pricing from other Offerors. The Pricing Sheet alone does not take the place of the Offeror’s quote and breakdown of pricing, however must be in accordance with pricing pertaining to the offer.

Pricing will be in effect from date of award for a period of one year with four one-year option periods (if exercised by the government). Approximate dates as follows:

RFQ #140P8520Q032 – Park-wide Propane at Yosemite NP Page 8 of 47

SECTION C – Description and Specifications

C.1 STATEMENT OF WORK

The Contractor shall furnish the necessary personnel, materials, equipment, and services as necessary to successfully complete the Statement of Work as follows:

Park-wide Propane and Maintenance Yosemite National Park Mariposa County, CA

1.0 Background

Yosemite National has a requirement for the supply of propane and monitoring tank capacity on a continual basis to residences, buildings, wastewater treatment plants, and equipment to support health, safety, and project needs.

2.0 Scope

Supply and deliver propane to 354 National Park Service (NPS) owned tanks at more than 100 individual locations throughout Yosemite National Park. Locations of tanks include El Portal, Yosemite Valley, Wawona, Crane Flat, Hodgdon Meadows, White Wolf, Tuolumne Meadows, and one location in the town of Mariposa. See Attachment 01, Tank List for tank location, serial number, and size. Propane is to be supplied on a year-round basis where accessible. Winter weather conditions are to be anticipated at all locations with elevations ranging from 1,949 feet to 8,600 feet.

At the discretion of the government, tanks may be added or removed within the duration of the contract however the number of operational tanks will not exceed 454 in total.

Tank installation and removal is the responsibility of the NPS and is not included under this contract.

This requirement is only for NPS owned tanks and will not include park partners, concessions or private residences outside of government owned buildings. All fees associated with NPS owned tanks within this contract shall be billed directly to Yosemite National Park via this contract. The Contractor shall not bill tenants, nor shall they heed tenant requests for delivery or maintenance.

3.0 Requirement

The Contractor shall be responsible for supplying the fuel, delivering the fuel, and filling propane tanks. Contractor will also be responsible for maintenance inspection(s) to tank(s) that may have gone unused for a period of time due to lack of occupancy, seasonal requirements and other reasons. The Contractor shall be responsible for the required maintenance of tanks that have run dry. The Contractor shall seek approval of all

RFQ #140P8520Q032 – Park-wide Propane at Yosemite NP Page 9 of 47 maintenance prior to performance by the Contracting Officer’s Representative (COR) or Contracting Officer (CO).

The Contractor shall schedule all maintenance with NPS staff and shall schedule an NPS escort to gain interior access to buildings, residences, and restricted areas that require Contractor inspection.

4.0 Tasks

4.1 Supply of Fuel and Monitoring Volume

The Contractor shall monitor all tanks to ensure a minimum volume of 50% is maintained at all times for the safe operation of all propane/gas appliances. In the event a tank runs dry, the Contractor shall fill the tank within 4 hours of notification, light any extinguished pilot lights, and assure proper operation of all gas appliances.

The 18,000-gallon tank at the El Portal Maintenance Complex shall not be filled more than 75% (13,500 gallons) at any time due to security reasons. If propane deliveries exceed 75% of tank capacity, the vendor shall immediately remove the excess propane and credit the NPS for the removed fuel.

The Contractor may choose to install electric radio transmitters to monitor tank levels at no cost to the government.

4.2 Inspections and Reporting

The Contractor shall report any damaged or malfunctioning tanks including gauges, flexible connectors (pig/hog tails) regulators, meters and plumbing to the Contracting Officer Representative (COR) immediately upon discovery, as well as report any suspected leaks. Any inspections required by the Contractor prior to service will be provided at no additional charge. Copies of inspection documentation shall be provided to the NPS within 5 calendar days of inspection.

5.0 Delivery

5.1 Daily Work Hours

Deliveries or on-site work shall be between the hours of 7:00 a.m. and 5:00 p.m. Pacific time, typically Monday through Friday. Work shall not be performed after hours, unless otherwise approved by the COR.

5.2 Holiday Work Hour Restriction

No onsite work shall be performed on federal holidays unless approved by the COR.

Federal Holidays start at 7:00 p.m. the day before the holiday and end 7:00 a.m. the day after the holiday.

RFQ #140P8520Q032 – Park-wide Propane at Yosemite NP Page 10 of 47

5.3 Weather Geological and Fire Related Special Deliveries

In the event of natural events, including but not limited to unexpected and expected snow storms, rain storms, high water incidents, high wind incidents, rock falls and forest fires;

the Contractor shall comply with NPS requests and attempt to provide immediate delivery to the affected areas to avoid road closure delays that could last several days.

These types of requests will come from the COR or CO.

5.4 Known Change in Fuel Usage

In the event a change in tank usage changes (i.e. generator use during a power outage) the COR will contact the Contractor, and the Contractor shall increase deliveries to the specified locations to meet the usage demand. The tanks that provide fuel to generators are specified within the tank list. The NPS will notify the Contractor when normal usage resumes.

5.5 Tank capacity and consumption

Total tank volume for tanks on the regular delivery schedule is approximately 100,000 gallons (85,000 at 85%) Total tank volume for tanks on the “fill when requested” schedule is approximately 29,000 (24,000 at 85%) Demand and consumption will vary with the seasons and may be affected by extreme weather and power outages. An estimated 179,250 gallons is required annually.

6.0 Maintenance

6.1 Dry Tank Required Maintenance

In the event a tank runs dry, leak testing and pilot light relighting will need to occur when fuel is delivered. The Contractor shall coordinate with the NPS to ensure access to the building and an employee escort. In the event the tank runs dry at the fault of the Contractor the maintenance will be performed at no additional cost to the NPS.

7.0 Invoicing

7.1 Invoicing Instructions

A delivery ticket from each delivery shall be submitted as an invoice, delivery tickets are to include:

Contract Line Item Number Tank Serial Number Gallons Delivered Unit Price (per gallon) Reference or Invoice Number Date of Delivery

RFQ #140P8520Q032 – Park-wide Propane at Yosemite NP Page 11 of 47

7.2 Invoice Review

The NPS will review each invoice for contract compliance and completeness. If the NPS determines that an invoice is not acceptable under the provisions of the contract resulting from this scope of work (SOW) or is otherwise incomplete, the Contractor shall correct any deficiencies and resubmit before the NPS will process the invoice for payment.

The Contractor shall provide additional information and/or documentation as the NPS may reasonably require. The Contractor shall respond to an NPS request for additional information and/or documentation to support payment within 14 calendar days of receipt.

7.3 Price Determination

The Contractor shall identify the pricing locality used and invoice accordingly. The Contractor shall provide the current newsletter upon request of the CO at any time during the course of the contract. Newsletter pricing is updated weekly on Thursdays and invoices shall reflect current rates. Should pricing location be subject to change, the Contractor shall provide the CO a written notification 30 days prior to the effective date. A formal modification to the contract will be implemented before the new location pricing takes effect.”

8.0 Government-Furnished Material

8.1 Key Control

The Contractor shall establish and implement methods of ensuring that all keys/card keys issued to the Contractor by the government are not lost or misplaced and are not used by unauthorized persons. Keys issued shall not be duplicated. The Contractor shall develop written procedures covering key control and issue these procedures to all on-site personnel. The Contractor shall report the occurrences of a lost key to the CO, or COR as soon as it is known.

The Contractor shall secure all government assets until relived by a responsible government representative. The Contractor shall ensure only Contractor employees use the keys. The Contractor shall prohibit the opening of locked areas by the Contractor’s employees to permit entrance of persons other than Contractor’s employees engaged in the performance of assigned work in those areas.

9.0 Security

9.1 Identification

All Contractor personnel shall be appropriately attired and badged. The badge shall be worn at chest level and shall identify the person by name and company.

RFQ #140P8520Q032 – Park-wide Propane at Yosemite NP Page 12 of 47

9.2 Damage to Park Resources

The Contractor shall take care in avoiding damage to NPS grounds and property. Should damage occur, it shall be reported immediately to the COR and to a Protection Division representative which may include the Resource Protection Office at 209-372-0218.

10.0 Place of Performance

Performance of this contract will occur within Yosemite National Park and Mariposa, California at the locations identified in Section 2.0, Scope and in Attachment 01, Tank List.

10.1 Travel Restrictions on Route 140

All vehicles are restricted to 45-foot total length on route 140 into the Park. A rockslide near Savage’s Trading Post has caused a detour 20 miles east of Mariposa with one-way controlled traffic, 24 hours a day, seven days a week. Updated road conditions are available at the California Department of Transportation’s website https://dot.ca.gov/.

10.2 Vehicle Escorts

In the event a large vehicle requiring lane closures, flagging etc. needs to come into Yosemite, the Contractor shall make advanced arrangements with the COR and the Yosemite Traffic Management Office (209) 372-0600, at least three (3) days in advance to arrange a vehicle escort. If a scheduled escort is not arranged, the Contractor will not be permitted in the park.

10.3 Bear and Animal Safety

Bears and other animals are active in Yosemite and surrounding areas. It is necessary for all contractors and visitors to practice bear and animal safety. Food items are not to be left in work trucks or anywhere else. The NPS provides bear boxes in campgrounds for food storage. Bear incidents are a ticketable offense in Yosemite.

11.0 Period of Performance

The base year period of performance will be from date of award for a period of one year, with four one-year option year periods (if exercised by the government).

RFQ #140P8520Q032 – Park-wide Propane at Yosemite NP Page 13 of 47

SECTION E – Inspection and Acceptance

E.1 52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

(a) Definition.“Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

RFQ #140P8520Q032 – Park-wide Propane at Yosemite NP Page 14 of 47

SECTION G – Contract Administration Data

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph

(e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

RFQ #140P8520Q032 – Park-wide Propane at Yosemite NP Page 15 of 47

G.2 CONTRACT ADMINISTRATION

Contracting Officer’s Representative for this order:

To be determined

Contract Specialist responsible for administering this contract:

Lisa Henson, Contract Specialist National Park Service Yosemite National Park P.O. Box 279 Mariposa, CA 95338 Telephone: (928)612-0074 Email: lisa_henson@nps.gov

G.3 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Contractor’s invoice with description of goods or services billing for, to include date and/or period of performance, and invoice number.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

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G.4 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO).

Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

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a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

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SECTION I – Contract Clauses

I.1 52.252-02 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/these address(es):

https://www.acquisition.gov/far

Clause Title Date 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Oct 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights Apr 2014

52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.212-4 Contract Terms and Conditions—Commercial Items Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (AUG 2020)

(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. 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 items:

[Contracting Officer check as appropriate]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government June 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)).

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__ (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.)

_X_ (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).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (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).

_X_ (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) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

_X_ (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 (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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

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

_X_ (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 2018) of 52.219-9

__ (18) 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)).

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

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 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)).

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

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

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

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

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

_X_ (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.

_X_ (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.

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

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

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__ (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.

_X_ (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 (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) 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).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (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 (Jun 2020).

__ (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)).

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

_X_ (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. Appx. 1241(b) 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]

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

31362 - Truck Driver, Medium WG-7 $23.37/hour - $4.22/hr

(End of Clause)

__ (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).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (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).

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(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, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e)

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

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

(ii) 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)).

(iii) 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).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

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(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A)…

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