Solicitation Package 12639525Q0034.pdf

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Attached to
EAB Harvesting WI Federal contract opportunity
Solicitation number
12639525Q0034
Issued by
Department of Agriculture Animal and Plant Health Inspection Service Marketing and Regulatory Programs Business Services

About this file

This is a Request for Quote (RFQ) issued by USDA APHIS Plant Protection and Quarantine (PPQ) for tree removal, bucking, disposal, transportation, and loading services in Wisconsin. The work involves harvesting 534 EAB-infested ash trees from three locations (Strupp Property - 264 trees, Wagner Property - 33 trees, and Brummer County Park - 237 trees) and transporting them to government facilities in Howell, MI and/or Brighton, MI.

This is a 100% small business set-aside with NAICS code 561730 and size standard of $9.5M. Quotes are due by December 17, 2024 at 11:00 AM CT. The period of performance runs through March 1, 2025. The contractor must be an International Society of Arboriculture Certified Arborist or hold State Master Logger Certification. Key requirements include harvesting trees while keeping bark intact, cutting into 20-27 inch segments, proper disposal of waste/debris, and coordinating deliveries with facility staff. The contractor must provide proof of liability insurance before work begins at Brummer County Park. Quotes will be evaluated on price, technical capability, relevant experience, and past performance. The applicable wage determinations are 2015-4919 Rev. 27 and 2015-4893 Rev. 25, both dated 07/22/2024.

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Other files for this federal contract opportunity

Other files attached to EAB Harvesting WI, newest first.
File Type Posted
Attachment 1 Technical Capability and Experience Questionnaire.docx DOCX document
Wage Determination No. 2015-4919 Rev.27.pdf PDF
Wage Determination No. 2015-4893 Rev.25.pdf PDF
Exhibit A.docx DOCX document
Exhibit B.docx DOCX document

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

APHIS-PPQ-EABBR-54T CODE 16. ADMINISTERED BYCODE

X

X

X

561730

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

12/17/2024 1100 CT

12/06/2024

612-336-3602KIM YEN TU

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639525Q0034

5. SOLICITATION NUMBER

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

1 44 1143708OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Brighton MI 48116 5936 Ford Ct

USDA-APHIS-PPQ-EABBR

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9.5

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This USDA APHIS Plant Protection and Quarantine (PPQ) has a requirement for a contractor to perform tree removal, bucking, disposal, transportation, and loading services. This is a firm¿fixed¿price service contract.

Please review solicitation instructions carefully.

Delivery: 01/02/2025 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

KIM YEN N. TU

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

NOTES TO QUOTERS

1. This Request for Quote This acquisition involves the use of Streamlined Procedures for Evaluation of Offers (FAR Part 12.602) in conjunction with the policies and procedures prescribed in Part 13, Simplified Acquisition Procedures. This solicitation is being issued as a total small business set aside. The NAICS Code is 561730 with a size standard of $9.5 million dollars, or less. USDA APHIS intends to issue one firm fixed price contract as a result of this solicitation.

2. Quoters are advised to carefully review the RFQ’s quotation package required submittals specified in this document. Missing, incomplete, or ambiguous information may result in unfavorable evaluation for that factor and may not be considered for award. The Government reserves the right to award to other than the lowest priced offer. It is the quoter’s responsibility to ensure completeness of the quotation package being submitted.

3. Quotations will be evaluated in accordance with provision 52.212-2 Evaluation—Commercial items.

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

• Sign and fill in contractor’s information on SF1449 Solicitation Form (page 1). Please be sure to include contractor’s UEI and CAGE number.

• Pricing Schedule (page 3). Alternative Pricing Schedules will not be considered. Quotes must include a price for all line items.

• Fully Complete the “Technical Capability and Experience Questionnaire” (Attachment 1)

• Fill out 52.204-24 (d) representation highlighted portion or provide copy of SAM registration.

4. All questions must be submitted in writing to Kim Yen Tu (Kimyen.N.Tu@usda.gov) no later than two

(2) days prior to the response deadline to ensure adequate time is available to respond and amend the solicitation if necessary. NO LATE QUOTES WILL BE ACCEPTED.

5. A prospective contractor may be requested to provide additional information to assist the Government in making a responsibility determination (FAR Subpart 9.1).

6. The U.S. Department of Agriculture (USDA) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐069271).

mailto:Kimyen.N.Tu@usda.gov

1.0 PRICE SCHEDULE

Pricing shall include all supplies, equipment, labor, and fuel to complete services as requested in the statement of work.

Line Item # Description QTY Unit Price

0001 Strupp Property 1 Job

0002 Wagner Property 1 job

0003 Brummer County Park 1 job

TOTAL

1.1 SPECIAL CONTRACT REQUIREMENT (SCR): APPLICABLE WAGE DECISION

Work under this contract may require members of the Contractor’s work force to perform work in multiple counties. The Service Contract Act wage decisions referenced below are also incorporated in full text as an attachment. The contractor is responsible for maintaining the records required in accordance with 52.222‐41 “Service Contract Labor Standards.” If any Service Contract Act covered employee works under more than one wage determination in each workweek, the certified payrolls for that week shall identify which hours were worked under each of those wage determinations. In the event of a conflict as to the type of work or place of performance of that work, the wage classification (and rate) resulting in the highest rate of pay/fringe benefits to that employee will apply. Applicable Wage Decisions:

Wage Determination No.: 2015-4919 Rev. 27 Dated 07/22/2024 Wage Determination No.: 2015-4893 Rev. 25 Dated: 07/22/2024

2.0 Performance Work Statement:

Harvest of Ash Trees within the Infested Area of Emerald Ash Borer

1.0 Introduction

The mission of Plant Protection and Quarantine (PPQ) is to safeguard U.S. agriculture and natural resources against the entry, establishment, and spread of economically and environmentally significant pests, and to facilitate the safe trade of agricultural products. The emerald ash borer (EAB) is a non‐ native wood‐boring beetle that is devastating ash trees in the United States. Since its discovery in Michigan in 2002, APHIS, in conjunction with state and other federal agencies, has led an aggressive campaign to slow the spread of the pest with quarantines, surveys, tree removal, and public outreach programs. In spite of these efforts, the range of EAB has expanded to 36 states. To control the pest, PPQ has implemented an EAB biological control program. A major goal of this program is to release a parasitoid in every known infested county in the Nation. In order to achieve this goal, trees infested with EAB are harvested to support mass rearing efforts of four natural enemies of EAB.

1.2 Objective

This USDA APHIS Plant Protection and Quarantine (PPQ) has a requirement for a contractor to perform tree removal, bucking, disposal, transportation, and loading services. The predominant purpose for these services is to acquire Emerald Ash Borer Beetles (EAB) from harvested infested trees to maintain EAB biological control production.

1.3 Type of Contract

This is a firm‐fixed‐price service contract.

1.4 Scope of Work

The USDA PPQ is contracting for harvesting of 534 EAB infested trees located within Shawano and Kewaunee County in the state of Wisconsin. (See Exhibit A, Site Summary.)

Services involve, but are not limited to, tree removal, disposal, transportation, bucking, loading, and stacking services. The Government will be responsible for marking trees for removal. Trees shall be harvested and then transported to Government facilities in Howell, MI and/or Brighton, MI. Great care will be taken to keep the bark on the trees intact throughout the harvesting and storage process.

The contractor must maintain crews at sufficient levels to support the harvest schedule.

1.5 Period of Performance

All work for this contract shall be completed by March 1, 2025. The completion date is based on the assumption that the successful quoter will receive notice of award by January 2, 2025. The completion date will be extended by the number of calendar days after the above date that the contractor receives notice of award. Timely performance is critical to avoid emergence of the EAB from harvested material.

1.6 Tree Harvesting and Transportation

Trees shall be harvested from the following locations:

Base Requirement

Location State County City GPS Trees Marked

Avg.

Tree

DBH

Strupp Property WI Shawano Cecil 44.790981, -88.335485

264 8.3

Wagner Property

WI Kewaunee Algoma 44.570174, -87.455795

33 8.6

Brummer County Park

WI Kewaunee Kewaunee 44.458103, -87.555521

237 11.7

Total 534 9.5

The trees to be harvested will be marked by the Government prior to commencement of work.

A list of trees to be removed and transported is provided in Exhibit B, Tree Inventory.

Transportation of Harvested Material The contractor shall be responsible for transporting whole trees (everything ≥ 2 inches in diameter). Trees will be bucked into 20in sections at harvest site or at destination. The contractor shall transport trees to the following facilities (located ~10 miles of each other):

United States Department of Agriculture Biological Control Facility 5936 Ford Ct., Suite 500 Brighton, MI 48116

Michigan Department of Natural Resources Tree Improvement Center 4631 Bishop Lake Road Howell, MI 48843

The Brighton facility may reach capacity during the unloading process and as determined by the Government, may require remainder to be delivered to the Howell facility at no additional cost to the Government.

1.7 Permits and Licenses

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary certifications, licenses, and additional permits to complete the full scope of work, such as a permit for temporary road closures or to transport infested wood out of or through quarantines. The Contractor shall comply with any Federal, State, and Municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall be responsible for implementing the terms and requirements of the permits and licenses held by the Government or the contractor.

This contract requires proof of liability insurance to be provided before work commences to the Field Team Leader to obtain final approval on for harvest in Brummer County Park, located in Kewaunee County.

1.8 Applicable Documents

The publications listed below form a part of this performance work statement to the extent referenced.

Regulations and Quarantines

1.8.1 USDA APHIS | Spongy Moth (SM)

Best Management Practices Guidelines

1.8.2 Wisconsin

Safety

1.8.3 OSHA

1.8.4 ANSI

1.9 Performance Requirements

The contractor must perform the work as follows:

a. Wood Harvest

1. Work at harvest sites, including loading transport vehicle must take place during normal business hours (7:00am – 6:00pm local time).

2. The contractor shall provide the Government with at least a 24-hour notice that work will be finished at the current site. The Government will inform the landowner of the Contractor’s plan and coordinate access to the next site.

3. The contractor shall post signage when on public property stating work is being performed in the area. Signs shall be posted at public entrances and near active work areas within each site. Where necessary trails need to be blocked off to ensure safety of the public with appropriate signage for wood harvesting.

4. Staging

a) Location of sites to stage trees and equipment will be determined by land manger and indicated on sites maps.

b) Posting adequate signage notifying the public of logging operations and equipment storage in these designated areas is mandatory as noted in this section.

https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/!ut/p/z1/04_iUlDg4tKPAFJABpSA0fpReYllmemJJZn5eYk5-hH6kVFm8X6Gzu4GFiaGPu6uLoYGjh6Wnt4e5mYGzgZm-l76UfgVhDvpR3pUFqf7BeoXZEc5AgDYYiCa/ https://dnr.wi.gov/topic/ForestManagement/bmp.html https://www.osha.gov/SLTC/logging/standards.html https://wwv.isa-arbor.com/store/shop

c) All requirements for remediation and clean-up set forth in this section apply to the staging and bucking areas as well.

5. Access properties in a manner so as to avoid damage to the landscape and/or property.

6. Remove USDA tree identification tags from harvest trees and return to USDA personnel.

7. Remove the designated infested trees without damage to neighboring trees.

a) Trees must be removed using acceptable industry practices for such removals.

b) Great care will be taken to keep the bark on the trees intact throughout the process from harvesting to storage at government facilities.

c) The work site shall be accessed from public roadways when possible. The contractor must prevent traffic hazards by erecting barricades, lights, or signs at the contractor’s expense. The contractor shall have staff dedicated to the direction of traffic anytime lanes of traffic are blocked by equipment or fall within the work zone. The contractor is required to follow the rules and regulations of all other agencies and all authorities who have jurisdiction to safeguard the public. No thoroughfare of any kind shall be closed without the coordination and written consent of the land manager or the appropriate delegated party. The contractor is advised to post signs prior to commencing work informing the public that tree removal work is occurring. Stapling, nailing, or tacking of signage to trees or utility poles is strictly prohibited. All signs are to be removed upon completion of work at the end of each day.

d) Collateral trees

i. Collateral trees are defined as any non‐targeted tree that needs to be removed in order to fell selected (targeted) ash trees. Unmarked trees can only be cut with approval from USDA personnel. Costs associated with removing and disposing of collateral trees are included in the established unit prices and will not be separately reimbursed.

ii. The contractor shall coordinate removals so that all work can be completed in the most efficient way possible, with the least amount of collateral damage incurred. The contractor shall minimize damage and removal of collateral trees to the maximum extent practicable.

iii. Non‐target trees that are significantly damaged will be cut up and disposed of following the methods for disposal of ash tree portions left behind.

iv. Excessive collateral damage including permanent scarring of non‐ targeted trees is not acceptable and will result in the Government’s remedies described in Section 1.11 of this Performance Work Statement. “Tree Removal Operations and Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements”.

8. The whole tree, from 2 inches in diameter and greater, will be included in the harvest. Trees are to be cut as close to level with the ground as possible but left no taller than 4 inches.

9. Harvested trees will be cut into segments no longer than 27 inches and no shorter than 20 inches. Logs that are greater than 15 inches in diameter will be split into smaller sections. The width of any split section will not be greater than 10 inches at the widest point.

10. Dispose of the waste and collateral trees. This will be the responsibility of the contractor.

a) All tops and brush debris will be mitigated as indicated in the applicable site permit or as landowner determines with either one or a combination of the following:

i. Tops and brush will be limbed and lopped so they are no higher than 5 feet from the ground. A reasonable effort will be made to bring this height to ~2 feet.

ii. Tops and brush will be chipped and spread to a depth not exceeding 6 inches.

b) Tops and brush debris will be spread at the location and not left piled.

c) All tops and brush debris will be moved off mow zones, roadsides, trails, etc.

and into the forest (~20 feet). In the case of the rail property, brush will be moved to the fence line.

d) Stumps located in mow zones will be ground to prevent tripping and mowing hazards.

e) No debris will block or be left within any drainage features.

f) Burning will not be permitted on the project site.

g) The contractor will follow all regulations regarding the handling and disposal of infested trees and debris (Federal Regulations of SM are of special concern)

11. The contractor will perform the necessary preparation and clean-up to secure the property, its contents, and any occupants from damage or injury during the removal process.

12. The contractor will restore the property to its original condition. Any surface disturbance resulting in exposed mineral soil shall be rehabilitated following State Best Management Practices, (Seeding, mulching, proper water diversions, grading, etc.). Rehabilitation efforts will be inspected and approved prior to completion.

13. To the extent possible, the contractor shall limit any disruption to the occupants of the property.

14. USDA personnel will perform frequent on‐site monitoring. A final site inspection to approve disposal and remediation efforts will be conducted prior to finalizing work at all sites.

15. See attached for specific site information

a) Exhibit A, Site Summaries

b) Exhibit B, Tree Inventory

b. Transport

1. Properties will be accessed in a manner that avoids damage to the landscape and/or property.

2. Approved access routes are indicated in exhibit A.

3. Harvested Logs shall be loaded onto the transport vehicle in a manner that minimizes tree/bark damage.

4. Transport vehicle will be filled to capacity before each delivery, unless extenuating circumstances exist.

5. Harvested Logs will be transported to the facilities specified in Section 1.7, Transportation of Harvested Material.

Chamber entrance dimensions are as follows:

Michigan Department of Natural Resources Tree Improvement Facility 4631 Bishop Lake Road Howell, MI

Chamber Entrance Dimensions:

Chamber Doorway – Height: 7ft Width: 6ft Inside Chamber – Height: 10ft Width: 29ft Length: 54ft Maximum height of stacked wood: 6ft 6in.

United States Department of Agriculture EAB Biological Control Facility 5936 Ford Ct., Suite 500 Brighton, MI

Chamber Entrance Dimensions:

Chamber Doorway – Height: 7ft Width: 5ft Inside Chamber – Height: 8ft Width: 13ft Length: 29ft Maximum height of stacked wood: 5ft 5in.

6. At a minimum, a 24-hour notice will be given prior to arriving to unload.

a) Arrivals will take place between 8:00am and 4:30pm Monday – Friday, excluding federal holidays.

b) Work associated with the arrival must be completed within this time.

c) USDA personnel will be on-site to provide access to property and confirm load quality.

c. Stacking Logs

1. Offload infested wood from transport vehicle and stack neatly in coolers at predetermined location (listed above). The contractor shall provide all necessary personnel and equipment for unloading at the Government facilities (i.e.

forklift).

a) Logs will be stacked in closely positioned rows. All logs in a given row will be aligned, parallel, and stacked in a compact fashion.

b) Driver will take care to reasonably avoid blocking driveways, passageways, and entries/exits.

c) USDA personnel will be onsite to provide desired orientation and height of stack rows of wood.

d) USDA personnel will provide access to Government facilities, arrangement will need to be made 24 hours prior to arrival of contracting personnel.

Codes and keys required for access will not be provided to contracting personnel.

2. Stacked logs will be elevated off the ground with USDA provided 4x4s or pallets to facilitate air circulation. If transported on pallets, the material must be unloaded from the contractor’s pallets prior to placement into the cooler.

3. Logs will be kept together from harvest site locations. Location of stacks of wood in coolers will be communicated to USDA personnel when multiple sites are contained in the same cooler.

d. Contractor Requirements All tree harvesting services shall be performed under the guidance of an International Society of Arboriculture Certified Arborist or company with State Master Logger Certification (any state). The contractor shall conduct all operations in connection with this contract in compliance with all applicable Federal, State, and local labor safety, health and sanitation laws, codes, and regulations. The contractor shall supervise and direct the work, using skillful labor and proper equipment for all work. The Government reserves the right to inspect the site, verify quantities, and review operations at any time.

1.10 Tree Removal Operations and Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

a. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The contractor shall only remove trees when specifically authorized to do so and shall avoid damaging vegetation that will remain in place.

b. The contractor shall protect from damage all existing improvements and utilities

(1) At or near the work site, and

(2) On adjacent property of a third party, the locations of which are made known to or should be known by the Contractor.

c. The contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. This shall include but not be limited to all areas of paving, lawns, walkways, sidewalks, fixtures, fences, flower beds, etc. that were damaged, dirtied, altered or displaced by the tree removal work. If the contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

d. The contractor will not be liable for normal wear and tear, or damage caused by third parties. The contractor shall make USDA aware of any pre‐existing damages prior to commencing activities at the work site. The contractor shall provide photographic or video documentation of all pre‐existing damages prior to the start of removal operations and upon completion of all work at the site.

e. Excessive compaction of soil and excessive ruts is considered preventable property damage.

1.11 Damage Claims

It is the contractor’s responsibility for repairing any damages to buildings, sidewalks, cars and any other property damage caused by the contractor’s operation. The contractor shall be responsible for the treatment costs and financial losses of an individual physically injured or treatment costs or value of an animal owned by a private party, be it a pet or livestock, if injured, or killed by contractor operations.

The contractor shall notify the USDA of any damages by the end of the business day on which such damage occurred or were reported by a property owner, except that injuries to persons or animals will be reported immediately to the COR via cell phone or in person. All damage shall be repaired within two (2) weeks or other time frame as agreed by the two parties. The contractor shall supply, on company letterhead, an original of the release agreement signed by the injured party and counter‐signed by a Principal of the contractor indicating that the damage claim has been resolved. An alternate acceptable release shall be a letter from the contractor’s insurance company indicating policy number, contractor’s name and address, contract number, location, claimant’s name and address, and a statement saying that they are processing said claim and releasing the USDA from any and all liabilities. The contractor has three (3) weeks from the time the damage occurred, unless a later time has been agreed upon by the Contracting Officer, to submit the release to the USDA for final approval.

The USDA as an agency of the Federal government is a self‐insured entity. The Federal Tort Claims Act (28 U.S.C. 1346(b), 2671 et seq) is the legal mechanism for compensating persons injured or property damaged by a negligent or wrongful act of a Federal employee, when committed within scope of their employment. Employees of the USDA are Federal employees and are covered by the federal worker’s compensation insurance if injured while in the performance of their duties.

1.12 Safety

The contractor will perform the work with due care taking precautions against injury to persons, damage to property and interference with vehicular or pedestrian traffic. The contractor shall take the necessary precautions to ensure the safety of all persons engaged in the work of this contract.

1.13 E‐Verify

Contractor shall ensure that employees and subcontractors have passed a standard commercial background check prior to conducting work for the program. The contractor shall verify employment eligibility of employees in accordance with the E‐verify Program (http://www.dhs.gov/E‐Verify). See clause 52.222‐54, Employment Eligibility Verification.

http://www.dhs.gov/E

1.14 Unusual and Differing Site Conditions

(a) the contractor shall take steps reasonably necessary to ascertain the nature and location of the work at a given property site, and to investigate and satisfy itself as to the general and local conditions which can affect work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of water, electric power, and roads; (3) uncertainties of weather, or similar physical conditions at the site;

(4) conditions of the ground; (5) the character of equipment and facilities needed preliminary to and during work performance.

The contractor shall satisfy itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site; including all exploratory work done by the Government, as well as maps and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government.

(b) The Contractor shall promptly, and before the conditions are disturbed, give written notice to the Contracting Office (by submission through the Contracting Officer’s Representative) of:

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and are generally recognized as inhering in work of the character provided for in the contract.

(c) The Contracting Officer’s Representative shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made, and the contract modified in writing accordingly.

(d) No request by the Contractor for an equitable adjustment to the contract shall be allowed, unless the Contractor has given the written notice required; provided that the time prescribed in paragraph (a) for giving written notice may be extended by the Contracting Officer.

(e) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

Requests for equitable adjustments must include the following: a price breakdown in sufficient detail to permit an analysis of profit, and of all costs for material, labor, equipment, subcontracts, and overhead; and must cover all work involved in the effort, whether the work was deleted, added, or changed; as well as any time adjustments.

1.15 Payment

Payments will be made in accordance with clause 52.212‐4. Prior to final Government inspection and acceptance, the contractor shall complete all work, including but not limited to, completing all restoration requirements, final clean‐up of the premises.

The payment provided in the contract shall constitute full compensation for furnishing all materials, equipment and labor, and performing all work under the contract in a complete and acceptable manner. Payment items for the work of this contract are listed in the Pricing Schedule and described in this Performance Work Statement.

The Base Requirement and each Option Requirement will be paid on a “per job” basis.

The unit price and payment made for each item listed shall constitute full compensation for providing equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, meeting safety requirements, and performing all work as provided in this contract. Except as otherwise specified in this contract, all costs associated with incidental work shall be included in the Pricing Schedule item with which that incidental work is most closely associated. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to conditions of the contract.

1.16 Invoices

All invoices shall be submitted through the Invoicing Processing Platform (IPP) at: www.ipp.gov The IPP is a government‐side secure web‐based invoice processing service offered free of charge to government agencies and their contractors by the U.S. Department of Treasury’s Financial Management Service (FMS).

http://www.ipp.gov/

CONTRACT CLAUSES AND PROVISIONS

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): http://farsite.hill.af.mil

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 Items (Nov 2023) 52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.212‐5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial (Nov 2024)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

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

http://farsite.hill.af.mil/ https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

__ (6) [Reserved].

_X_ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L.

115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

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

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] _X_ (18)

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

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

__ (19)

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

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

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (21)

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

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

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

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

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22)

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

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

_X_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

_X_ (26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34)

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

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

_X_ (35)

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

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

_X_ (36)

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

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

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

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (40) 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 FAR 22.1803.)

__ (41)

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

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

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

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

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

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

__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47)

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

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

_X_ (48)

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

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

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim

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

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

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

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

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

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

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

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

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

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

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

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

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

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

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

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.

3901 note prec.).

_X_ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65)

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

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

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

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

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

[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

Wage Determination No.: 2015-4919 Rev. 27 Dated 07/22/2024 Wage Determination No.:…

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