Pest_Control_Management_(PWS).pdf

Table of Contents

1.1 General Information

2.0 Definitions

3.0 reserved. See Solicitation

4.1 Project Management

4.2 Contractor Work Plan

5.1 Expertise and Necessary Personnel

5.2 Licensing and Certification

5.2.1 Business License

5.2.2 Certification

6.1 Additional Requirements

6.2 vehicles

6.3 Equipment

6.4 Pesticides

6.5 Pesticide Storage, Mixing and Disposal

6.5.1 Pesticide Storage

6.5.2 Pesticide Mixing

6.5.3 Pesticide Disposal

6.5.4 Pesticide Spills

6.6 Personal Protective Equipment (PPE)

6.7 Occupied Spaces

7.1 Records and Reports

7.2 Pest Management Records

7.3 Reports of Conditions Conducive to Pest Infestation

8.0 Contractor Furnished Items

9.0 Security

10.0 Quality Standards and Thresholds

11.1 Schedule of Services

11.2 Informing Occupants

11.3 Missed Schedules

11.4 Household and Facility Furnishings and Government Property

12.0 Hours of Service

13.1 Response Times for Services

13.2 Service Call Work

13.4 Emergency Calls

13.5 Routine Calls

14.1 Quality Control Program

14.2 Inspection System

14.3 Checklist

14.4 Quality Control File

14.5 Quality Report

14.6 Quality Assurance Surveillance Program (QASP)

15.0 Milestone / Deliverables

Performance Work Statement

Pest Control Management

1.1 GENERAL INFORMATION

The Contractor shall provide integrated pest management (IPM) services to prevent and control a wide variety of arthropod and vertebrate pests including but not limited to cockroaches, ants, fleas, stored product pests, mosquitoes, mice, rats, bats, bees, spiders, and wasps at the Martin Army Community Hospital Complex which includes buildings 9250,9251,9252,9253,265,266,2298,2412,2515,2828,3216,3255,3271,3306,3415,4202, 9204, 9212,9215,9216,9219,9220,9222,9240,9241,M9249,M9250 and M9251

The purpose of this contract is to establish an environmentally sound and effective IPM program to prevent general arthropod and vertebrate pests and disease vectors from adversely affecting Army installation operations. This includes, at a minimum:

• Thoroughly inspecting all areas suspected of pest infestation(s) and surrounding areas/facilities as necessary.

• Communicating constantly with the government COR regarding planned actions and recommendations.

• Recommending structural and procedural modifications to reduce food, water, harborage and access used by pests.

• Using appropriate non-chemical technologies to control pests, where possible.

• Judiciously using pesticide products, formulations and application methods that present the lowest potential hazard to human health, non-target animals and the environment.

• Recording and reporting all integrated pest management operations including surveillance, inspections, non-chemical and chemical control.

Federal agencies are mandated by Public Law (Section 136r-1 of title 7, United States Code) to use IPM. The Contractor shall use best management practices and recognized industry standards for managing pests such as those established by national pest management organizations, and follow the guidance provided by State Pesticide Regulatory agencies and State institutions of higher learning. However, the Contractor shall be responsible for complying with all federal, DOD, Army, state, and local laws, including but not limited to DODI 4150.07, PL 91-190 the National Environmental Policy Act of 1969, PL 92-516, the Federal Insecticide, Fungicide and Rodenticide Act of 1972, as amended and AR 200-1. This Performance Work Statement (PWS) reflects current Army and DOD requirements, policies and practices, allowing offerors to propose a price and solution to known requirements.

The Contractor will develop and follow a Contractor Work Plan (CWP) to accomplish the requirements of this contract.

2.0 DEFINITIONS

Certified Applicator/Operator: Any individual who applies pesticides or supervises the use of pesticides, and who has been authorized to do so by successfully completing a training program approved by the EPA, followed by formal certification by DOD or a State.

Contracting Officer’s Representative (COR): An individual who is responsible for technical administration of the contract and assures proper Army surveillance of the Contractor’s performance.

Contractor Work Plan (CWP): A Contractor-developed document submitted as part of the Contractor proposal that describes how the requirements of this contract will be met.

The plan establishes strategies and methods for conducting a safe, effective, and environmentally sound IPM program.

Installation Pest Management Coordinator (IPMC): The individual designated by the installation Commander to coordinate and oversee all pest management activities on the installation.

Integrated Pest Management (IPM): A planned program incorporating a wide variety of technological and management practices to achieve long-term and environmentally-sound pest suppression and prevention. IPM uses targeted, sustainable methods including education/communication, habitat modification, non-chemical control, biological control, and, where necessary, the use of pesticide compounds, formulations, and application methods that present the least potential hazard to humans and the environment. Federal Agencies are mandated by Public Law (Section 136r-1 of Title 7, USC) to use IPM.

Integrated Pest Management Plan (IPMP): A long-range, well-defined planning and operational document that describes the IPM program. Written pest management plans are required as a means of establishing and implementing IPM.

Out of Cycle Pesticide Use Request (OCPUR): The OCPUR is a supplement to the PUP.

An OCPUR is a pesticide use request for pesticides that were not included in the installation’s annual Pesticide Use Proposal. (See below for information on the Pesticide Use Proposal)

Pesticide: Any substance or mixture of substances, including biological control agents, that may prevent, destroy, repel, or mitigate pests and is specifically labeled for use by the EPA. Also, any substance or mixture of substances intended for use as a plant regulator, defoliant, desiccant, or biocide. The AFPMB does not review or approve disinfectants or biocides.

Pesticide Use Proposal (PUP): The PUP documents the exact pesticides proposed to be used on an installation the following year. The pesticides listed on this proposal must be approved by the designated DoD-certified Army Pest Management Consultant through the COR and IPMC prior to use. The Army Pest Management Consultant confirms that the pesticides are registered by the EPA and State and are being used for the correct target site and pest.

3.0 RESERVED. See Solicitation

Table 1: Performance Requirements Summary

Performance Objective Performance Standard Acceptable Level of

Develop approved Contractor Work Plan (CWP) to include an IPM Plan.

CWP includes information required in section 4.1 and Technical Exhibit

(A) of this PWS and is submitted to

Draft CWP includes 100% of the information required in section 4.1 of this is PWS and

Templates for developing the IPM plan the COR. is submitted within 15 days of are included in Technical Exhibit (A) - contract/task award.

*electronic files provided upon request* Plan complies with federal, state

Complete one IPM Outline for each and industry best management Final CWP submitted within 30 pest for each site type [Technical practice standards. days of receipt of COR

Exhibit (A)].

Army approval through the COR.

comments on the draft.

Successfully implement all aspects of the CWP is followed. IPM standards are met 100% of approved CWP for all pests/sites identified the time for all services for each in this PWS. Plan must be followed for Pests are controlled to the pest for each site type.

scheduled services as well as standards specified in the CWP unscheduled services, as appropriate. IPM outlines. CWP is followed 100% of the time for all services for each

All IPM standards must be met:

All sites thoroughly inspected before pest for each site type.

starting control efforts.

• Report prepared and submitted to COR on conditions conducive to pest infestation.

• Non chemical pest management operations as a first resort to the maximum extent possible.

• Judicious use of pesticides where pesticide applications are necessary.

• Surveillance implemented to monitor pest populations and effectiveness of control measures.

• Pest management operations

Pests are controlled to the standards specified in the CWP IPM outlines 80% of the time for each pest for each site type.

Submission of all required documentation Army approval through COR. Reports submitted “on time” listed in the PWS and summarized in 90% of the time.

Exhibit (B). 100% of required reports submitted on time in accordance with specifications Reports required to be in Technical Exhibit (B).

100% of required reports submitted contain required information.

corrected by the Contractor less than 25% of the time.

4.1 PROJECT MANAGEMENT

The Performance Based Contracting (PBC) approach requires careful coordination of project activities to ensure that all stakeholders are kept informed of the project status, existing or potential problems, and any changes required to prudently manage the project and meet the needs of the Installation's project stakeholders and decision makers. The Contractor shall be responsible for the following project management activities:

4.2 Contractor Work Plan

The Contractor shall develop and maintain a detailed Contractor’s Work Plan (CWP).

The CWP, based on the schedule prepared as part of the Contractor proposal, shall specify the schedule, technical approach, and resources required for the planning, execution, and completion of the performance objectives. Contractors may review the installation’s historical records of pest activity and abatement actions, survey facilities and grounds, and consult with the IPMC in development of a plan. The CWP shall address continuous monitoring, pest response and removal procedures, record keeping, warranties, education and communication to installation personnel to prevent nuisance pests and disease vectors in and around specified buildings [Technical Exhibit (A)]. The CWP shall include labels, MSDS sheets, and the planned pesticide use proposal [Technical Exhibit (C)] and comply with all applicable local, state, and Federal regulations.

As part of the CWP, the Contractor shall develop a schedule that fully supports the technical approach and that outlines the due dates and cost expenditure percentages for all milestones and payable deliverables. A payment plan shall be included with the schedule that may allow for partial payments to the Contractor based on successful completion of interim milestones proposed by the Contractor. It is the Army’s intent to make all payments after verification of progress in accordance with this schedule. The Contractor shall coordinate activities with the COR to ensure that the proposed project schedule does not conflict with other Contractor activities on site, or interrupt Installation mission activities.

The Contractor shall submit the second draft (first draft is submitted with the Request for Proposal) of the CWP within fifteen (15) days of contract award. The draft CWP and subsequent revisions are subject to Army review and approval, through the COR. The Contractor shall submit the final CWP within 30 days of receipt of COR comments on the draft CWP. A contract payment milestone will be established for when the Army Pest Management Consultant approves the final CWP via COR.

5.1 EXPERTISE AND NECESSARY PERSONNEL

All Contractor personnel shall understand IPM principles and practices and be capable of implementing them. The Contractor shall have the background and experience to be capable of identifying pests and knowledgeable about pest life cycles, habits and the conditions that affect pest populations. Additionally, the Contractor shall have a written IPM policy describing their overall objectives relating to IPM.

5.2 Licensing and Certification

5.2.1 Business License

The Contractor shall possess a business license issued by the state to provide pest control services. The Contractor shall provide proof of licensing to the government prior to contract award.

5.2.2 Certification

All Contract personnel employed who will apply or supervise the application of pesticides under this contract shall possess commercial certification by the State in the appropriate EPA-approved State categories for the work requirements of the contract. This contract work will require the pesticide applicator certification categories listed in Technical Exhibit (D). All Contractor personnel who apply pesticides shall have full commercial certification. Neither private applicator certification nor registered technician certification are acceptable. Proof of State certification shall be provided to the government prior to contract award.

6.1 ADDITIONAL REQUIREMENTS

6.2 Vehicles

Vehicles used for pest control operations shall not be used for other purposes in connection with this contract. Vehicles shall be secured at all times to prevent unauthorized access. All pesticides carried on vehicles shall be stored in a locked compartment separate from the cab of the vehicle. Vehicles shall be equipped with a fire extinguisher, emergency wash water, a portable emergency eye wash and a portable spill and decontamination kit. Vehicles shall be marked as required by state law.

6.3 Equipment

The Contractor shall repair and maintain all equipment in accordance with manufacturer’s instructions. Equipment shall be in good operating condition, free of visible deterioration, shall not leak, and shall be calibrated to apply pesticides in accordance with the pesticide product label. Proof of calibration may be requested by the government. Equipment that has failed shall be replaced and/or repaired by the Contractor prior to resuming operations. The Contractor must clearly and plainly mark all pesticide application equipment including rodent bait stations and glue traps with the company’s name, a point-of-contact, and phone number. The Contractor shall assume responsibility for all Contractor-owned equipment or other items.

6.4 Pesticides

The Contractor shall procure, handle, store, and apply pesticides in strict accordance with the EPA registered pesticide label. Only certified applicators shall operate pesticide application equipment. All pesticides shall be used in accordance with Federal, state, local laws, and installation regulations.

Prior to use, the Contractor shall request approval for all pesticides using the PUP, [Technical Exhibit (C)]. The Contractor shall ensure that all pesticides proposed for use on Fort Benning are EPA registered and registered with the appropriate state agency.

Approvals may be made and limited to specific pests/sites. During the term of this contract the Contractor shall submit an OCPUR for additional pesticides to the COR for review and approval by the designated DoD-certified Pest Management Consultant. The Contractor shall not deviate from the PUP-listed pesticides without prior approval from the COR. The PUP shall reflect only the currently approved pesticides for application on the installation and updated as additional products are approved and/or other products deleted through an OCPUR approved by the Army Pest Management Consultant via the

COR.

The Contractor shall maintain a binder containing labels and MSDSs for all pesticides used, and have it readily available for the COR's inspection at all times.

6.5 Pesticide Storage, Mixing and Disposal

6.5.1 Pesticide Storage

The Contractor shall not store pesticides on Government property. All pesticides shall be stored off Government property, or inside of the secured Contractor vehicle(s).

6.5.2 Pesticide Mixing

The Contractor shall not mix pesticides on Government property. All pesticides must be mixed prior to arrival at the installation.

6.5.3 Pesticide Disposal

All pesticides, rinse water, and containers shall be disposed of in accordance with label directions. The Contractor shall dispose of any pesticides, pesticide containers, pesticide residue, pesticide rinse water, or any pesticide contaminated article at an authorized disposal area off of Government property.

6.5.4 Pesticide Spills

The Contractor shall immediately report all spills of hazardous materials to the Contracting Officer and shall be financially responsible for the clean-up of any spills.

Spills shall be managed in accordance with the installation’s Spill Contingency and Countermeasure Plan. The Contractor shall have on-hand spill containment equipment and materials necessary to contain spills of pesticides and other pest control materials and supplies that are on the installation.

6.6 Personal Protective Equipment

The Contractor shall provide Personal Protective Equipment (PPE) to each of their pest control applicators. This equipment shall include, at a minimum, the PPE required by the applicable pesticide labels and MSDSs.

6.7 Occupied Spaces

Liquid or aerosol pesticide shall not be applied in occupied spaces when people are present. Dust pesticide formulations shall not be applied in occupied spaces if the dust can be carried by air currents to people. Gel baits, cockroach, rodent and ant bait stations or other pesticide formulations that do not volatize or carry on air currents may be applied in occupied spaces.

7.1 RECORDS AND REPORTS

7.2 Pest Management Records

The Contractor shall prepare, submit, and maintain daily and monthly pest management records and reports for each pest management service provided to include surveillance, non-chemical controls and pesticide applications. The Contractor shall use a COR-approved electronic reporting spreadsheet or other computerized system. Records shall be accurate and complete. Records shall include: the installation name, pesticide common name from the label that was applied, pesticide formulation, EPA Registration Number, target pest, the type of application and final concentration applied, the amount of final spray or dry formulation, date of application, location of the service (building number, apartment number, training area, etc. that accurately identifies the location), the pounds of active ingredient applied, and the pest controller’s name and certification number.

All pest management records shall be submitted electronically (via disk or e-mail attachment) to the COR monthly. Records rejected by the COR due to inadequate or incorrect information shall be corrected and returned to the COR by the Contractor at no additional cost to the Government within 10 business days.

7.3 Reports of Conditions Conducive to Pest Infestation

When the Contractor notices a condition that is promoting or is conducive to pest infestations they shall submit a report describing findings and recommendations to correct these conditions. Conditions may include sanitation problems, improper food storage practices, inadequate exclusion policies, or damaged or missing exclusion devices. The Contractor shall report these deficiencies to the COR within one business day after citing conditions. Report must be legible and can be done electronically or hand-written.

8.0 CONTRACTOR FURNISHED ITEMS

The Contractor shall furnish all labor, supervision, transportation, facilities, equipment, material, and services to perform the requirements of this contract using IPM techniques. Such equipment and use of that equipment shall be subject to the inspection and approval of the COR.

9.0 SECURITY

All Contractor personnel assigned work on the installation shall wear identification badges that include the applicator’s name and color photograph and the Contractor’s company name and address. Vehicles used by the Contractor shall have the name of the Contractor’s company, meet all state laws for identification and placarding, and have lockable storage compartments for storing pesticides. All pesticides shall be secured when not in use. Contractors are required to check-in with facilities prior to beginning any work for further guidance.

10.0 QUALITY STANDARDS AND THRESHOLDS

The Contractor shall meet the quality standards established in the approved CWP. The Contractor’s performance will be evaluated based upon the QASP. Failure to meet any of the standards may result in re-performance by the Contractor at no cost to the Government, the Contractor paying the Government the use of another Contractor to perform the work, or cancellation of this contract. Re-performance by the Contractor shall be completed within 1 business day.

11.1 SCHEDULE OF SERVICES

It shall be the Contractor’s responsibility to schedule work with the COR. The Contractor shall be responsible for communicating with the COR for every service requested. The purpose of this communication is to coordinate the date and time of the service, permit access to the work site, and relay specific instructions for site preparation or entry.

11.2 Informing Occupants

The Contractor shall inform occupants of the specific day and time (AM or PM) of scheduled work in a reasonable amount of time so that they can make accommodations, when required. At the time of scheduled services, the Contractor shall inform occupants regarding the necessary preparatory procedures that must be performed prior to receiving service, the callback warranty period, and the time when it is safe to return to the facility. The need for preparatory procedures does not apply in cases of emergency or between occupancy services.

11.3 Missed Schedules

If the Contractor fails to meet the scheduled appointments through no fault of the occupants, the Contractor shall provide the service at the convenience of the occupant.

The Contractor will report such missed appointments to the COR no later than 0800 the next business day. The Contractor shall make three (3) attempts to accomplish this assigned work within 5 business days of the scheduled service. If the Contractor is unable to accomplish assigned work through no fault of his own, he shall report such unaccomplished scheduled items to the COR, and the Service Order will be cancelled.

11.4 Household and Facility Furnishings and Government Property

The Contractor shall return to their original positions any household or facility furnishings, equipment and other materials or items that are moved by the Contractor during the performance of services. The Contractor shall be responsible for the repair, replacement or other compensation to the Government or any private individual for property damage to include but not limited to furniture, equipment, cultivated plants and grasses as a result of the performance of pest control activities.

12.0 HOURS OF SERVICE

The Contractor shall arrange his work so as to minimize interference with the normal conduct of Government business and shall coordinate services to be performed with the building coordinator. The Contractor shall notify the COR if there are any changes to the work schedule or when it is necessary to perform work that will interfere with Government operations at least one (1) business day in advance.

13.1 RESPONSE TIMES FOR SERVICES

13.2 Unscheduled Services

The Contractor shall provide clear and effective procedures for receiving and responding to service calls and task orders during regular working hours. The Contractor shall provide a single local or toll-free telephone number for calling in all such task orders.

13.3 Service Call Work

A service call is an unscheduled request for pest control services initiated by designated

Government representatives. The Government’s work reception center will advise the Contractor by phone of all service call requests received and the classification of each call as either emergency or routine based on the definitions provided below. The government will make available for pick up at their work reception desk a description of the pest problem, date and time received, location, classification and other appropriate information. The Contractor shall turn in a copy of the work authorization form to the Government’s work reception desk within 24-hours after the completion of the initial inspection and treatment for each service call.

13.4 Emergency Calls

Service calls will be classified as emergency at the discretion of the COR. Generally, emergency calls will consist of pest management operations to control pests that could affect the health or well-being of personnel. The Contractor shall respond immediately and must be on site to provide initial inspection and treatment within 2 hours after receipt of an emergency call. The government will not classify more than 10% of the service calls issued to the Contractor as emergencies.

13.5 Routine Calls

The KO will classify all non-emergency service calls as routine. The Contractor shall complete the initial inspection and treatment for each routine service call within two (2) business days after receipt.

14.1 QUALITY CONTROL PROGRAM

The Contractor shall establish a complete quality control program to ensure that the requirements of the contract are met. As part of the Contractor’s proposal, the Contractor shall describe the procedures they will use to perform quality control. These procedures shall include at least the following items:

14.2 Inspection System

The Contractor’s quality control inspection system shall cover all the services stated in this contract. The purpose of the system is to detect and correct deficiencies in the delivery and quality of services before the level of performance becomes unacceptable and/or the COR identifies deficiencies.

14.3 Checklist

The Contractor shall use a quality control checklist to evaluate contract performance during regularly scheduled and unscheduled inspections. The checklist shall include every building or site serviced by the Contractor as well as every task the Contractor is required to be performed.

14.4 Quality Control File

The Contractor’s quality control file shall contain a record of all inspections conducted by the Contractor and any corrective measures taken. The Contractor shall maintain record of all inspections throughout the term of the contract and made available to the COR upon request.

14.5 Quality Report

The Contractor shall provide data to the COR for input to the pest management section of the EQR.

14.6 QASP

The QASP will highlight key quality assurance activities or events that the COR will use to determine when Army inspections can be conducted to assess progress toward milestones. See the QASP for details.

15.0 MILESTONES/DELIVERABLES

• Final approved CWP

• Submission of all required documentation summarized in Exhibit (B).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT

BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination

DELIVERY INFORMATION

Government Destination Government

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 15-OCT-2019 TO N/A MARTIN ARMY COMMUNITY HOSPITAL W33XTL

15-SEPT-2020 (MACH)

TWYMAN BROCK

RESOURCE MANAGEMENT DIVISION

BLDG 9211

FORT BENNING GA 31905

706-545-1624 FOB: Destination

0002 POP 15-OCT-2019 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL

15-SEPT-2020 FOB: Destination

0003 POP 15-OCT-2019 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL 15-SEPT-2020

FOB: Destination

1001 POP 15-OCT-2019 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL SEPT-2020

FOB: Destination

1002 POP 15-OCT-2019 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL SEPT-2020

FOB: Destination

1003 POP 15-OCT-2019 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL SEPT-2020

FOB: Destination

2001 POP 16-OCT-2021 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL 15-SEPT-2022

FOB: Destination

2002 POP 16-OCT-2021 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL 15-SEPT-2022

FOB: Destination

2003 POP 16-OCT-2021 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL 15-SEPT-2022

FOB: Destination

3001 POP 16-OCT-2023 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL 15-SEPT-2024

FOB: Destination

3002 POP 16-OCT-2023 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL 15-SEPT-2024

FOB: Destination

3003 POP 16-OCT-2023 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL 15-SEPT-2024

FOB: Destination

4001 POP 16-OCT-2025 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL 15-SEPT-2026

FOB: Destination

4002 POP 16-OCT-2025 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL 15-SEPT-2026

FOB: Destination

4003 POP 16-OCT-2025 TO N/A (SAME AS PREVIOUS LOCATION) W33XTL 15-SEPT-2026

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011 Content Paper

52.204-99 System for Award Management Registration AUG 2012 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2014 52.222-1 Notice to the Government of Labor Disputes FEB 1997

52.222-43 Fair Labor Standards Act and Service Contract Labor MAY 2014 Standards - Price Adjustment (Multiple Year and Option Contracts)

52.233-1 Disputes MAY 2014 52.237-2 Protection of Government Buildings, Equipment, and APR 1984

Vegetation 52.237-3 Continuity of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.246-4 Inspection of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative

DEC 1991

252.204-7003 Control of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By MAR 2014 the

Government of a Terrorist Country 252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012 Reports 252.232-7010 Levies on Contract Payments DEC 2006

252.232-7998 Obligations in Advance of Fiscal Year 2014 Funding OCT 2013 (DEVIATION 2014- O0001)

252.243-7002 Requests for Equitable Adjustment DEC 2012

LC-025 LEGAL PUBLIC HOLIDAYS MAY 2005

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL ITEMS (JULY 2014)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Apr 2010) (41 U.S.C. 3509).

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L.

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

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.

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

_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111- 8, and section 745 of Division D of Pub. L. 110-161).

____ (11) 52.219-3, Notice of HUB Zone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUB Zone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

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

____ (16) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 U.S.C. 637(d)(2) and (3).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (July 2013) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Jul 2010) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

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

____ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

____ (ii) Alternate I (June 2003) of 52.219-23.

____ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (July 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

____ (25) 52.219-28, Post Award Small Business Program Representation (July 2013) (15 U.S.C. 632(a)(2)).

____ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).

____ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).

_X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).

_X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (32) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

_X__ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

_X__ (34) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).

____ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014)+(E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-13.

____ (39)(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.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____(44) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

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

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (46) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note) ____ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

____ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (52) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.

3332).

____ (53) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (54) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (56)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) _X___

(1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_X___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (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) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

_____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

_____Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 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.)

(xii) 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)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

(End of provision)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 of contract expiration.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 64.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications

W911SF-14-C-0012

Section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f)…