Solicitation 1240LQ22Q0038 SOW.docx

Solicitation #: 1240LQ22Q0038

USDA Forest Service White River National Forest (WRNF) Vegetation Management Heritage Survey for RX (2022)

A. This is a combined synopsis/solicitation for commercial service items prepared in accordance with Federal Acquisition Regulation (FAR) Part 12.6.

B. This Solicitation is issued as a Request for Quotation (RFQ)

C. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06, Effective Date May 1, 2022.

D. This procurement is set aside for Total Small Business. The NAICS code is 541620 and the Small Business Standard is $16.5M. PSC F999 (Other Environmental Services)

E. Period of Performance. 29 August 2022 -30 January 2023

F. Schedule of Items/Price Schedule

QUOTATION FURNISHED BY:

Name_________________________________________ Phone__________________________

Address_______________________________________ E-mail__________________________

*Note: The System for Award Management (SAM.gov) will no longer support DUNS, please provide the Unique Entity Identifier.

POINT OF CONTACT FOR SOLICITATION: Isabel Wimbish

PHONE NUMBER: 575-218-4931

E-MAIL ADDRESS: Isabel.wimbish@usda.gov

US Department of Agriculture (USDA)

Statement of Work Dated: 12 July 2023

Contents

Vegetation Management Heritage Survey for RX (2022)

General Information

1.0 Scope of Work

The contractor shall supply the necessary qualified personnel, services, and facilities to complete the following:

The White River National Forest has identified six project areas within the proposed Vegetation Management RX Project. Within these locations, approximately 6,470 acres of proposed management areas in need of a cultural resource inventory. The purpose of the inventory will be to identify historic properties and evaluate their eligibility.

The contractor will assess the effects of the proposed project. Protection measures will be recommended for sites field determined as “Eligible” for listing on the National Register of Historic Places. Previously recorded sites that are determined as “Needs Data”, will be revisited, and may require minimal testing to determine eligibility. Additionally, previously recorded sites that are “Field Not Eligible” will need to be revisited and the site form updated if the last revisit is over 10 years old. There is 6+ known sites within the project area and the table below lists those known properties within the survey area.

Table 1: Known Cultural Properties to Revisit/Update.

Muddy Creek Project: 5EA1444, 5EA1306

Derby Project: 5EA1165

East Sopris Project: 5EA684, 5EA685

The contractor shall provide the following:

• Section 106 Survey o Class III pedestrian survey of approximately 6,470 acres of proposed management areas on slopes less than 35%. Intensive survey transects will be approximately 15 meters apart; less intensive survey may be dictated by terrain, vegetation, and access limitations.

o Any need data sites, previous and newly recorded, will have limited testing to determine site eligibility. No sites will be left unevaluated.

o Employees with experience to fit the need of the client.

o Periodic updates to the client regarding work summaries including description of the sites, field determinations of eligibility, GIS locations, and if flagging was applied.

o Immediate communication regarding any issues that may impact deadlines, progress of field work, safety incidents, or funding. Examples: high site density, weather stops, unsafe working conditions.

o Vehicles, PPE and field equipment necessary to complete the task.

o GPS data will be collected using units using 5 meter or better accuracy. Post processing (correcting spikes, smoothing lines) will be conducted prior to delivery to the Forest. Attribute tables will include Smithsonian numbers associated with the site locations. GPS NAD 1983, Zone 13, will be used for data collection purposes.

• Section 106 Report

· The survey results shall be documented in a report meeting Colorado OAHP specification for format and content. The report shall include as appendices: survey maps, completed cultural site forms, photographs of cultural sites, complete isolated information/forms, and photographs of isolates as appropriate.

· Each six project areas will be analyzed and separated out in the report and each project area will identify (newly recorded and previously recorded) historic properties and evaluate their eligibility within each APE. (Project area shapefile provided in package)

· The inventory report shall include and analyze the six project areas and recommend project effects/avoidance areas for all previously recorded (eligible or needs data) sites within each of the six project locations.

· One completed draft of the report, to include geospatial data/shapefiles of the sites, will be reviewed and comments before the final is submitted and accepted by the Forest.

· The final report will be reviewed by the contractor writer-editor to assure correct grammar and style prior to delivery to the Forest.

· Photographs will be digital in format and printed on stable photograph-quality paper.

· Survey coverage maps shall be made employing USGS 7.5 minute series quadrangles at 1:24,000 scale maps. Coverage maps may be combined to display past and current surveys and previous and new sites, as appropriate.

· Contractor will provide 4 unbound copies of the final report and site forms along with an electronic version (thumb drive/USB) in MS Word as well as all aspect of the final report/GIS.

2.0 Background

There are six project areas within the Proposed Vegetation Management RX Project and these areas are located within the Aspen-Sopris, Eagle/Holy Cross and the Rifle Ranger Districts on the White River National Forest. The project objective supports the National Cohesive Wildland Fire Management Strategy with an objective to maintain and improve habitat conditions for wildlife species dependent on fire-adapted ecosystems.

The proposed action is to conduct prescribed fire and mechanical treatments in identified blocks of the forest, shrublands, and grasslands to help mitigate wildland fire risk to the wildland urban interface and to improve wildlife browsing and foraging habitat. Treatment options may include broadcast burning, mechanical treatment, hand treatment, hand burning and pile burning.

The affected/larger project area includes approximately 16,249 acres of National Forest System (NFS) lands across the Aspen-Sopris, Eagle/Holy Cross and the Rifle Ranger Districts. The proposed action would implement prescribed fire over approximately 16,249 acres of shrublands, aspen vegetation, and grasslands, and a blend of mechanical treatments and prescribed fire. Chainsaws and mechanical devices such as hydro-axes, mulchers, roller-choppers, or similar equipment would be employed to mimic fire effects for the goal of improving vegetation conditions for native wildlife in fire-adapted vegetation communities.

· The Six Project Areas includes a total of approximately 16,249 acres (Project Area of Potential Effects).

· Little Woody/South Collins Creek = 1188 acres

· East Sopris Creek = 2746 acres

· Muddy Creek = 2546 acres

· Derby = 3378 acres

· Booth Creek = 5212 acres

· Cherry Creek = 1179 acres

· This contract includes a survey area for a total of 6,470 acres for the 2022 field season/due to weather delays dates may need to be adjusted. Several sites will need revisiting/rerecording – please see SOW for more details.

· Little Woody/South Collins Creek = 80 acres

· East Sopris Creek = 2505 acres

· Muddy Creek = 1588 acres

· Derby = 1116 acres

· Booth Creek (Units 102, 104, 106) = 695 acres

· Cherry Creek = 486 acres

Contractor Requirements

3.0 Technical Requirements / Tasks

Work Submittal Once the procurement is issued, the contractor may commence work by scheduling an appointment to conduct a records search at the WRNF Supervisors Office. The file search can begin immediately upon receipt of a Notice to Proceed (acceptance of quote and award of procurement). The following fieldwork restrictions for snow cover apply: the inventory area must be 80% snow-free and reasonably dry. The start date may be adjusted depending on ground conditions and access within the inventory areas.

The inventory area can be accessed by vehicle and then by foot. Field personnel will be required to keep all motorized vehicles on existing roads. The limits of the inventory area are not marked in the field. Overall, inventory area will require accurate location and orientation prior to inventory.

As a minimum, the contractor shall perform the following:

1. Prior to conducting fieldwork, the contractor will submit a Fieldwork Authorization Form (see attachment 2) to the COR and discuss any special conditions that may apply to this project. The Fieldwork Authorization Form must be signed prior to the commencement of fieldwork.

2. Prior to conducting fieldwork, the contractor will review the SHPO notification package for the project and any previous survey reports and site documentation on file at the WRNF Supervisors Office and with the OAHP. The contractor will develop a strategy for inventory based on slope, vegetation type and proximity to water sources.

3. The contractor will conduct a 100% intensive Class III pedestrian survey of the inventory area. The maximum transect width per surveyor will not exceed 15 meters (49 feet). Transect spacing should be reduced as needed by vegetation and ground cover to ensure complete, intensive inventory coverage of the entire inventory area. A map and compass or GPS shall be used to ensure systematic, even coverage of the inventory area.

Site Definitions:

Historic Site: Fifteen or more associated artifacts with or without features. In general, cultural material recorded should be 50 years of age or older. One bottle 51 years of age and broken into 50 pieces is not a historic site. Artifacts and/or features may be completely deposited on the surface of the ground, may be partially on the surface and partially subsurface or buried, or may be completely buried.

Prehistoric Site: Fifteen or more associated artifacts with or without associated features. Artifacts and/or features may be completely deposited on the surface of the ground, may be partially on the surface and partially subsurface or buried, or may be completely buried.

Isolated Find: Fourteen or fewer associated artifacts (historic or prehistoric), without associated features. Five or fewer prospecting pits that do not have associated artifacts will be recorded as an isolated find.

Additional Documentation Provisions

1. Each site and isolate shall be mapped with a GPS unit, depicted on a 1:24,000-scale USGS topographic map, and identified with a Smithsonian number obtained by the contractor. All sites shall also be assigned a Forest Service site number, which will appear on the appropriate OAHP site form. The contractor shall contact the COR prior to submission of the draft deliverables to obtain Forest Service site numbers for each recorded site.

2. At least two digital photographs taken from different directions will be submitted for each site. Photographs should show identifying site characteristics and important landmarks for relocating the site. Photographs will be included with the Colorado Cultural Resource Survey site forms and will include provenience information. Digital photograph files will be submitted to the COR on a USB flash drive upon conclusion of the project.

3. Each newly discovered site shall be recorded on the appropriate standard Colorado Cultural Resource Survey forms. Information contained on the site form will be consistent with the instructions as listed on the OAHP website.

4. Previously recorded National Register-eligible, needs data, and unevaluated sites within the inventory area will be relocated and reevaluated on official Re-Visitation Forms with maps and photographs. If the existing complete site records for these sites are older than 10 years, the sites will be fully re-recorded on current site forms.

5. When officially not eligible sites are encountered on survey, it is expected that the surveyors will examine the surface deposit at the site relative to the most recent recording in order to determine whether the official eligibility determination continues to be valid. If the determination continues to be valid, a Re-Visitation Form completed to minimally document this observation is sufficient. If the determination does not appear to be valid, it is expected that the site will be fully rerecorded, including limited shovel or trowel testing.

6. All newly identified sites and all previously recorded needs data and unevaluated sites within the inventory area will have limited shovel or trowel testing to determine National Register eligibility. All previously recorded eligible and not eligible sites whose previous eligibility determination warrants additional consideration will have limited shovel or trowel testing to determine National Register eligibility. The identification of the sites that warrant additional consideration will be done by the contractor through consultation with the COR. All sites within the inventory area will be evaluated as eligible or not eligible to the National Register. No sites will be evaluated as needs data or left unevaluated.

7.Shovel testing will occur on all sites, where necessary to determine eligibility.

8. Historic trails will be documented as such on official linear site forms. Associated features, such as sheepherder arborglyphs along a stock driveway, will be recorded as sub-features of the historic trail, if appropriate.

9. Linear features will be documented based on the latest OAHP guidelines.

10. The contractor shall cease work upon discovering any human remains and associated funerary objects and shall immediately notify the COR and/or authorized officer. Work in the vicinity of the discovery may not resume until the COR and/or authorized officer has given permission.

Inventory Report Inventory reports shall follow the OAHP guidelines and include the following:

· Cultural Resources Survey Management Information Form;

· Refined description of the APE (if needed);

· Description of field methods;

· Description of survey results;

· Description of National Register of Historic Places (NRHP) evaluations;

· Evaluation of survey strategy or predictive models (i.e. analysis of resources found in high or low site probability areas); and

· Results and recommendations, including a comprehensive assessment of direct, indirect, and cumulative effects; actions to avoid, minimize, or mitigate adverse effects to historic properties; and areas that require post-implementation survey.

The reports shall include a Forest Service project numbers, an OAHP report numbers obtained by the contractor, the OAHP tracking numbers assigned to the project, and the following maps:

· Project location map;

· Area of potential effects (APE) and contracted survey coverage map;

· Map of previously identified cultural resources within and adjacent to the APE;

· Map of previous inventories conducted within and adjacent to the APE;

· Map with site locations plotted on 1:24,000-scale USGS topographic quadrangles; and

· Map with the locations of isolates plotted on 1:24,000-scale USGS topographic quadrangles.

Future Use of Survey Data All field notes, reports, forms, maps, electronic data, photographs or digital images, any artifacts collected, and any data generated from this procurement are considered property of the United States and will be submitted to the COR with the final reports at the conclusion of the project. Per the provisions of the 1979 Archaeological Resources Protection Act, as amended, all computer files generated or gathered as a result of this project will be deleted from all non-federal computers used by the contractor or his/her subcontractors immediately following submission of the final report.

During the course of the project, reasonable precautions will be taken to avoid the disclosure of site locations to all but authorized personnel.

4.0 Government Furnished

The Government will supply the contractor with the following supplies:

1. GIS shapefiles of the inventory area and project area (APE);

2. Yale key of access Forest Service administrative roads.

Property furnished by the Government will be made available at the pre-work meeting.

5.0 Deliverables / Schedule

Survey Strategy /File Search Submitted within 14 days of Contract Award Field work completed by 11/15/2022 Preliminary Findings Report – 11/22/2022 Draft Report – 12/22/2022 Final Report and GIS Data – 1/16/2023

Two percent (2%) of the contract will be paid upon acceptance of the survey strategy / files search reports.

Thirty percent (30%) of the contract will be paid when fieldwork Preliminary Findings Report is received and accepted by the Government.

Nineteen percent (34%) of the contract will be paid once the draft deliverables (draft Addendum Report, photographs, draft site and isolate forms, maps, and shapefiles) are submitted for review.

The final nineteen percent (34%) of the contract will be paid upon acceptance of the final deliverables (one hard copy of the final reports, one hard copy of the site and isolate forms, two electronic copies of the final reports in Adobe PDF format, two electronic copies of all site and isolate forms, all electronic image files, and shapefiles).

6.0 Travel

N/A

7.0 Contractor’s Key Personnel

The principal investigator for the project must hold a valid Forest Service Cultural Resource Use Permit for the White River National Forest.

The crew chief of each survey crew must have the following minimum qualifications:

· A graduate degree in anthropology, specializing in archaeology, or equivalent archaeological experience.

· Listed as a crew chief on the Principal Investigator’s valid Forest Service Cultural Resource Use Permit.

· At least 16 months of professional experience and/or specialized training in archaeological field work, artifact analysis, and administration.

· At least 6 months of experience in archaeological survey or excavation within the southwestern region of Colorado.

· Demonstrated competence in collecting, handling, analyzing, evaluating, and reporting archaeological data.

· Demonstrated ability to plan, equip, staff, organize, and supervise a cultural resources survey.

· Demonstrated ability to accurately plot archaeological site locations on topographic maps and to map sites using GPS units.

· Demonstrated competence in identifying and describing artifacts, including identification of prehistoric ceramics found within southwestern Colorado, using published type descriptions.

Each crew member must have the following minimum qualifications:

· At least 24 semester hours of credit in archaeology, anthropology, and/or history courses. Courses must include information on the method and theory of archaeological survey and excavation.

· At least 3 months of field experience in archaeological survey. Crew members must work under the direct field supervision of a certified crew leader at all times.

Individuals, institutions, groups, and agencies performing work under a contract for cultural resources inventory will submit the vitae of all persons who may work under the contract to the COR. If additional individuals are recruited to work under the contract after its issuance, vitae of these additional individuals must also be submitted to the COR. Information in the vitae will be used to verify that the individuals meet the requirements listed above. All individuals proposed to work as principal investigators, crew chiefs, or in other supervisory capacities must be approved by the COR before that person may direct archaeological work.

Prior to conducting any fieldwork, the contractor will submit a Fieldwork Authorization Form to the COR and discuss any special conditions that may apply to this project.

8.0 Security Requirements

N/A

9.0 Data Rights

N/A

Attachments

1. Please contact isabel.wimbish@usda.gov for the project area and survey area shapefiles to incorporate into contractor GIS Database.

2. Fieldwork Authorization Form

3. Wage Determination 2015-5439 Rev 18 Dated: 3/15/2022

4. Representations and Certifications

CLAUSES

AGAR 452.237-74 Key Personnel (Feb 1988) As prescribed in 437.110(d), insert clause substantially as follows:

(a) The Contractor shall assign to this contract the following Key Personnel: Crew Chief

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the substitutions. The contract will be modified to reflect any approved changed of key personnel.

(End of Clause)

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

Addenda to 52.212-4: Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2022) (DEVIATION JUL 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 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)

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

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

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

[Contracting Officer check as appropriate.] ☐ (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 (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.)

☐ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (5) [Reserved].

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

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

☐ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (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 (Sep 2021) (15 U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) 15 U.S.C. 657a).

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

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

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

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

☐ (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 (Nov 2021) (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 2021) of 52.219-9.

☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13 ☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(a)(17)).

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

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (DEVIATION JUL 2020) (E.O.13126).

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

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

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

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

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

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

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

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

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

☒ (35) (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. chapter78 and E.O. 13627).

☐ (36) 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.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (DEVIATION JUL 2020) (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, 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 (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (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 (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.

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

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

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

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

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).

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

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

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

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

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

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

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

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