Sol_140R2024Q0001.pdf

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

R20

Sacramento CA 95825-1898

Division of Acquisition Services Regional Office Mid-Pacific Region Bureau of Reclamation

CODE 16. ADMINISTERED BYCODE

X

X

X

541611

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

10/25/2023 1000 PD

10/11/2023

9169784509Kevin Gonzalez (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2024Q0001

5. SOLICITATION NUMBER

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

1 60 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2800 Cottage Way, Room E-1815

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Sacramento CA 95825-1898 2800 Cottage Way, Room E-1815 Division of Acquisition Services Regional Office Mid-Pacific Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$24.5

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 SCHEDULE

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)

Bureau of Reclamation

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.

PLEASE DO NOT USE THIS FORM TO SUBMIT

QUOTES/PRICING

PLEASE SEE THE FOLLOWING COMBINED

SYNOPSIS/SOLICITATION

PLEASE DIRECT ALL QUESTIONS TO Kevin Gonzalez AT

KGONZALEZ@USBR.GOV

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Nandini Johnson

. 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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

60 2 of

140R2024Q0001 Page 3 of 60

140R2024Q0001

COMBINED SYNOPSIS/SOLICITATION

On-Site Digitization and Scanning Services

140R2024Q0001 Page 4 of 60

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6, as supplemented with FAR part 13 and additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number 140R2024Q0001 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05.

GENERAL INFORMATION

RFQ Number: 140R2024Q0001

Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid (IFB)

North American Industry Classification Code (NAICS): 541611 Size Standard: 600 Employees

This acquisition is set-aside 100 percent Small Business concerns only. (Large businesses may not submit a quote.)

Offer Due Date:

Offer Submission:

October 25, 2023

10:00 AM Pacific Daylight Time

By email to kgonzalez@usbr.gov

Contact Information: Kevin Gonzalez

Email: kgonzalez@usbr.gov mailto:ncjohnson@usbr.gov

140R2024Q0001 Page 5 of 60

OFFEROR INFORMATION

Offeror’s Business Information:

Business Name: _______________________________

Business Size (select one): Small Large

UEID Number/Cage Code: ______________________

Tax ID Number: _______________________

Task/Description Unit Quantity* Cost Per Total

Standard Paper Size (up to and including 11 x 17) EA 100,000

Photo (Conversion of original media to digital file) EA/Image

10,000

Book or Bound Document Scanning; and color content (Pages/images for bound records) EA 100,000

Wide Format Scanning, larger than 11x17

(Pages/images) EA 100,000

Total

*Quantities are used as a sample. Final contract amount will be contingent on actual work performed.

Quotes/offers shall be valid for 60 days from the offer due date.

Authorized Agent’s Signature/Date: __________________________________

Please see further instructions for quote submission under Addendum to Provision 52.212-1 starting on page 31 of this document.

Documents necessary for quote submission are as follows:

1. Completed and signed Page 5 of this document (Pricing schedule).

2. Completed FAR Provision 52.212-3, Offeror’s Representations and Certifications NOTE: The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via System for Award Management (SAM).

QUOTE/PRICING SCHEDULE

QUOTE VALID DATE

140R2024Q0001 Page 6 of 60

PERFORMANCE WORK STATEMENT (PWS)

On-Site Digitization and Scanning Records

October 03, 2023

1. INTRODUCTION:

The Bureau of Reclamation, California Great Basin Region (CGB) Division of Resources

Management (CGB-400) has a need for a contractor to provide the scanning of records and files for import into the Enterprise Content System (ECS). Work to be performed will be on-site digitization/scanning services. Reclamation’s records must meet the National Archives and

Records Administration’s (NARA) standards for electronic record keeping. The primary objective is to produce digital images that look like the original records (text, photograph, map, etc.) and are a “reasonable reproduction” without enhancement.

2. SCOPE:

Contractor shall provide the digitization of existing records in multiple media types for migration.

CGB-400 houses more than 5,000 documents, of various page lengths, that are physically stored in the room E-2905, Federal Building, 2800 Cottage Way, Sacramento, California, 95825. CGB-400 has now determined that these documents and files can be digitized, indexed, and stored into ECS.

Requirement: Documents concerning Division of Resources Management are stored in cabinets within CGB-400. The current effort is to digitize these records. The objectives are to reduce space needed for physical storage, make critical information easily accessible to authorized users, regardless of geography and to comply with the Presidential Directive on

Electronic Records.

3. PERIOD OF PERFORMANCE: The period of performance will be for no more than 6 months, from date of award.

4. PLACE OF PERFORMNACE: Bureau of Reclamation 2800 Cottage Way E-2905, Sacramento, CA 95825

5. PERSONNEL QUALIFICATIONS: Vendor personnel will be familiar with current National

Archives and Records (NARA) electronic file requirements.

6. TRAVEL: None

7. SECURITY: Physical and logical security considerations will be in accordance with Federal

PIV/HSPD-12 standards and existing contract clauses.

7.1. Government-Furnished Equipment (GFE) And Materials: USB Storage Devices - These must remain on the premises.

8. TASKS AND DELIVERABLES

140R2024Q0001 Page 7 of 60

8.1. Document/Media Preparation – Vendor Responsibilities

8.1.1. Document Preparation Requirements to be provided by the vendor: Document preparation includes the removal of all fasteners and bindings, flattening bent corners, photocopying, document orientation, making minor repairs, repositioning of smaller documents, inserting applicable separator sheets, and tearing tri-folds when necessary.

8.1.2. Document preparation will be performed by the Contractor, as required, prior to scanning in accordance with the following:

8.1.2.1. Wide Format documents will be unfolded or unrolled. Any minor repairs needed to complete digitization will be performed.

8.1.2.2. Books preparation occurs prior to scanning and preferably permits removal of pages from their bindings. Where this is not possible, books will be digitized using a flatbed scanner, or equivalent book scanning equipment.

8.1.2.3. Other media types will be removed from the files and routed to the appropriate conversion equipment.

8.2. Capture /Scanning – Vendor Responsibilities

8.2.1. Scanning Requirements: This section outlines the setup of the scanner and related functions for all hard copy conversion.

8.2.2. Requirements for Conversion:

8.2.2.1. Use scanners that can accommodate:

8.2.2.1.1. Physical dimensions of the source documents

8.2.2.1.2. Type of media involved (transparent or reflective)

8.2.2.1.3. Range of details, tones and colors present in the documents

8.2.2.1.4. The physical condition of the documents

8.2.2.2. Carefully examine any requirements for special handling or conservation of the source documents prior to scanning.

8.2.2.3. Choose a resolution that will be sufficient to capture the finest significant details required in the group of source documents that is to be scanned.

8.2.2.4. Choose a bit depth (see bullets below) that is in accordance with the characteristics of the source documents, and of a level necessary to transfer the informational content.

8.2.2.4.1. Bitonal (1 bit) scanning for textual documents consisting of a black image on white paper. Images must be scanned at 300-600 PPI--scanning at 600 PPI is recommended. This is appropriate for documents that consist exclusively of

140R2024Q0001 Page 8 of 60 clean printed type possessing high inherent contrast (e.g., laser printed or typeset on a white background).

8.2.2.4.2. Grayscale (8 bits) scanning for documents containing significant grayscale information (including pencil annotations on text) and for photographic materials. Must be scanned at 300-400 PPI. Scanning at 400 PPI is recommended. This is appropriate for textual documents of poor legibility because of low inherent contrast, staining or fading (e.g., carbon copies, thermofax, documents with handwritten annotations or other markings), or that contain halftone illustrations or photographs.

8.2.2.4.3. Color scanning for documents containing color information, especially when high quality copies are required, must be scanned at 300-400 PPI. Scanning at 400 PPI is recommended. Color mode (if technically available) is appropriate for text containing color information important to interpretation or content.

8.2.2.5. Testing of electronic files to find a balance between an acceptable visual quality for the user and a file size that is not so large as to be unmanageable.

8.3. Scanner Types

8.3.1. Tabletop or sheet fed scanner is acceptable for 8.5”x11” paper records.

8.3.2. Flatbed scanner allows scanning of large items such as books and is acceptable for scanning newspaper articles, book chapters, or photographs.

8.3.3. Photo/film scanner includes specialized technology for scanning slides and negatives, includes built-in software to clean up old photos, and has direct control over certain aspects such as cropping, ratio of original image on the film, etc.

8.4. Conversion of Other Media Types – Vendor Responsibilities

8.4.1. Digitization Resources and Assumptions: Other media types, including photographs will be converted by the Contractor. Details of this conversion requirement, provided in this statement of work, are based on assumptions and are subject to change upon inspection of the source materials and better understanding of the customer’s requirements.

8.4.2. Photographs: We have assumed the following requirements for conversion:

8.4.2.1. Average size is 8”x10”.

8.4.2.2. Will be converted to a NARA approved image file format.

8.4.2.3. Image file will be, at minimum, 400 DPI.

8.5. Quality Assurance/Quality Control – Vendor Responsibilities

8.5.1. Quality Assurance Requirements: Quality Control consists of a paper to image comparison, a review of image quality and document separation. The level of quality control selected for this project is identified below.

140R2024Q0001 Page 9 of 60

8.5.1.1. Contractor will perform statistical quality control utilizing the ANSI/ASQC

(American National Standards Institute/American Society for Quality Control) standard Z1.4 at a 1.0 Acceptable Quality Level (AQL), or equivalent, to establish the sample size(s), acceptance, rejection and re-sampling parameters.

8.6. Document Taxonomy / Organization / Indexing – Vendor Responsibilities w/Required

Government Input

8.6.1.1. Contractor will perform indexing and record naming in accordance with guidance provided by the Contracting Officer’s Representative (COR)

8.7. Reassembly: This section provides the reassembly details of the original hard copy material post conversion. – Vendor Responsibilities

8.7.1. The project requires reassembly. The scanned documents will be placed back into the original file folder with original or equivalent fasteners.

8.7.2. Bound volume bindings can be removed during the document conversion process but must be replaced.

8.7.2.1. Comb bindings can be replaced with a simple fastener as long as original volume remains in-tact.

8.8. Hard Copy and Digital Release: The following information outlines the disposition of the original hard copy materials as well as the requirements for the converted image destination and image format. – Vendor Responsibilities

8.9. Electronic Output Details

8.9.1. The electronic output will be Multi-page, text-searchable PDF format.

8.9.2. Photographs will be converted to a NARA approved image file format.

8.9.3. The electronic output naming convention will be determined by the information provided according to document name.

8.9.4. The index output will be a .CSV file.

8.9.5. There will be one index CSV file created per scanning project. A record will be created, within the CSV file, for each image, document, or folder file (as outlined by customer in the document import form fields) for each scanning project.

8.9.6. The electronic and index files will be released provided to the customer via a Contractor

Secure FTP, or other agreed upon media, for initial review and QC.

140R2024Q0001 Page 10 of 60

8.9.7. Files will be made available as they are completed and at a frequency determined by

Contractor and customer during initial project kick-off meeting and should be based on individual scanning project size.

8.10. Customer Review and Notification Period (Responsibility of the Government)

8.10.1. Post-Processing Error Correction Timeline: It is of benefit to both parties to discover any errors quickly to avoid their duplication in on-going work.

8.10.1.1. Customer will review the digital output file to determine if there are process related errors not identified in Contractor quality control activities.

8.10.1.2. Customer review timeframe will be determined during initial project kick-off meeting and should be based on individual scanning project size.

9. QUALITY:

9.1. Quality Assurance/Quality Control – Vendor Responsibilities

9.1.1. Quality Assurance Requirements: Quality Control consists of a paper to image comparison, a review of image quality and document separation. The level of quality control selected for this project is identified below.

9.1.2. Contractor will perform statistical quality control utilizing the ANSI/ASQC (American

National Standards Institute/American Society for Quality Control) standard Z1.4 at a 1.0

Acceptable Quality Level (AQL), or equivalent, to establish the sample size(s), acceptance, rejection and re-sampling parameters.

10. IDENTIFICATION OF CONTRACTOR EMPLOYEES:

10.1 Identification considerations will be in accordance with Federal PIV/HSPD-12 standards.

11. ADMINISTRATIVE INFORMATION

11.1 Facility Access

All vendor personnel are to be escorted in the facility by designated Bureau of Reclamation staff, assigned by the Contracting Officer’s Representative (COR). All personnel identifying information is to be provided to the COR in advanced of scheduling.

11.2 Hours of Operation

The contractor is responsible for conducting business, no more than between the hours of 08:00 AM to 05:00 PM, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

140R2024Q0001 Page 11 of 60

Final scheduling shall occur under the coordination of the Contracting Officer’s Representative

(COR) in advanced to ensure access. In the event of the assigned escort becoming unavailable, the contractor is to contact the COR for access.

11.2 Recognized Holidays

The contractor is not to perform services on the following recognized Federal holidays due to facility closure:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Juneteenth Christmas Day

Independence Day

140R2024Q0001 Page 12 of 60

COMMERCIAL CLAUSES

1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

Federal Acquisition Regulation: https://www.acquisition.gov/far

Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

The clauses in the table below are incorporated by reference.

Clauses Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCERLERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-1 DISPUTES MAY 2014

52.242-15 STOP-WORK ORDER AUG 1989

(End of Clause)

2 FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS --

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

SEP 2023

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

https://www.acquisition.gov/far https://www.acquisition.gov/diar

140R2024Q0001 Page 13 of 60

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I

(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (5) [Reserved].

[X] (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).

[X] (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division

R of Pub. L. 117-328).

[X] (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

[ ] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

[ ] (11) [Reserved].

[ ] (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

[ ] (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15

U.S.C. 657a).

[ ] (14) [Reserved]

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

140R2024Q0001 Page 14 of 60

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

[ ] (16) (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.

[ ] (17) 52.219-8, Utilization of Small Business Concerns (Sept 2023) (15 U.S.C. 637(d)(2) and (3)).

[ ] (18) (i) 52.219-9, Small Business Subcontracting Plan (Sept 2023) (15 U.S.C. 637(d)(4)).

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

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

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

[ ] (v) Alternate IV (Sep 2023) of 52.219-9

[ ] (19) (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.

[ ] (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)).

[ ] (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022)

(15 U.S.C. 657f).

[X] (23) (i) 52.219-28, Post Award Small Business Program Representation (Sept 2023) (15 U.S.C.

632(a)(2)).

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

[ ] (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

[ ] (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022)

(15 U.S.C. 637(m)).

[ ] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

[ ] (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

[X] (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[ ] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(E.O.13126).

140R2024Q0001 Page 15 of 60

[X] (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

[ ] (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (Jul 2014) of 52.222-35.

[X] (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (Jul 2014) of 52.222-36.

[ ] (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

[X] (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

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

[ ] (37) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

[ ] (38) (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.)

[ ] (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[ ] (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

[ ] (41) (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.

[ ] (42) (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.

[ ] (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

140R2024Q0001 Page 16 of 60

[ ] (44) (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] (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

[ ] (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

[ ] (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

[ ] (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

[ ] (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter

29 (sections 4501-4732), 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 [Reserved].

[ ] (iii) Alternate II (Dec 2022) of 52.225-3.

[ ] (iv) Alternate III (Jan 2021) of 52.225-3.

[ ] (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (52) 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).

[ ] (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[ ] (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

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

[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov

2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

140R2024Q0001 Page 17 of 60

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

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

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

[ ] (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

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

[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

[ ] (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).

[X] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(May 2014) (41 U.S.C. chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

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

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

1792).

140R2024Q0001 Page 18 of 60

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

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

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

(ii) 52.203-19, 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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of

Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

140R2024Q0001 Page 19 of 60

(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xii) 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.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May2014) (41 U.S.C. chapter

67).

(xvi) 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). (xvii) 52.222-54, Employment

Eligibility Verification (May 2022) (E.O. 12989).

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

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

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Nov 2021) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-

64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

140R2024Q0001 Page 20 of 60

3 FAR 52.204-

BASIC SAFEGUARDING OF COVERED

CONTRACTOR INFORMATION

SYSTEMS

NOV 2021

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the

Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

140R2024Q0001 Page 21 of 60 respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

4 FAR 52.219-

NOTICE OF TOTAL SMALL BUSINESS SET-

ASIDE (DEVIATION 2019-01)

NOV 2020

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on

Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5

140R2024Q0001 Page 22 of 60 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United

States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of Clause)

5 FAR 52.223-

POLLUTION PREVENTION AND RIGHT-TO-

KNOW-INFORMATION

MAY 2011

(a) Definitions. As used in this clause- Toxic chemical means a chemical or chemical category listed in 40 CFR372.65.

(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) ( 42U.S.

C.11001-11050), and the Pollution Prevention Act of 1990 (PPA) ( 42U.S. C.13101-13109).

(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:

(1) The emergency planning reporting requirements of Section 302 of EPCRA.

(2) The emergency notice requirements of Section 304 of EPCRA.

(3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA.

(4) The emergency and hazardous chemical inventory forms of Section 312 of

EPCRA.

(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.

(6) The toxic chemical and hazardous substance release and use reduction goals of section 2(e) of Executive Order 13423 and of Executive Order 13514.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

140R2024Q0001 Page 23 of 60

6 FAR 52.223-

DRUG-FREE WORKPLACE MAY 2001

(a) Definitions. As used in this clause-

Controlled substance means a controlled substance in schedules I through V of section 202 of the

Controlled Substances Act ( 21 U.S.C.812) and as further defined in regulation at 21 CFR 1308.11 -

1308.15.

Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

Drug-free workplace means the site(s) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

Employee means an employee of a Contractor directly engaged in the performance of work under a

Government contract. "Directly engaged" is defined to include all direct cost employees and any other

Contractor employee who has other than a minimal impact or involvement in contract performance.

Individual means an offeror/contractor that has no more than one employee including the offeror/contractor.

(b) The Contractor, if other than an individual, shall-within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration-

(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(2) Establish an ongoing drug-free awareness program to inform such employees about-

(i) The dangers of drug abuse in the workplace;

(ii) The Contractor’s policy of maintaining a drug-free workplace;

(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(3) Provide all employees engaged in performance of the contract with a copy of the statement required

140R2024Q0001 Page 24 of 60 by paragraph (b)(1) of this clause;

(4) Notify such employees in writing in the statement required by paragraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will-

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction;

(5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision

(b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

(6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

(i) Taking appropriate personnel action against such employee, up to and including termination; or

(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and

(7) Make a good faith effort to maintain a drug-free workplace through implementation of paragraphs

(b)(1) through (b)(6) of this clause.

(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract.

(d) In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment.

7 FAR 52.237-

PROTECTION OF GOVERNMENT

BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the

Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the

Contractor shall be liable for the cost, which may be deducted from the contract price.

140R2024Q0001 Page 25 of 60

8 FAR…