Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF MARCH 10, 2022 SAM #7405
SOLICITATION NOTICE

S -- Forest Wide Vault Toilet Pumping on the Colville National Forest

Notice Date

3/8/2022 1:21:42 PM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

562991 — Septic Tank and Related Services
 

Contracting Office

USDA-FS, CSA NORTHWEST 2 Portland OR 972042829 USA
 

ZIP Code

972042829
 

Solicitation Number

1240BD22Q0039
 

Response Due

3/30/2022 12:00:00 PM
 

Archive Date

04/14/2022
 

Point of Contact

A Kay Steffey, Phone: 2084844622
 

E-Mail Address

arlene.steffey@usda.gov
(arlene.steffey@usda.gov)
 

Small Business Set-Aside

SBA Total Small Business Set-Aside (FAR 19.5)
 

Description

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) This solicitation is issued as a Request for Quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04. (iv) This procurement is set aside for SMALL. The NAICS code is 562991 and the Small Business Size Standard is $8 Mil. Zone 1 � Newport/Sullivan Lake Contractor to provide all supervision, labor, tools, transportation, equipment and supplies required to pump Septic and Holding Tanks (S&HT) and Vault Toilets (VT) in accordance with PWS. Note: Quote shall include mileage. Zone I � Newport/Sullivan Lake Base Item Contract Award to December 31, 2022 1AA Pump S&HT 1,000 Gallon 1 EA $______ $______ 1AB Pump VT 1,000 Gallon 10 EA $______ $______ Total Quote for Item 1A $______ Option 1B Zone I � Newport/Sullivan Lake Option Year I April 15, 2023 to December 31, 2023 1BA Pump S&HT 1,000 Gallon 1 EA $______ $______ 1BB Pump VTs 1,000 Gallon 10 EA $______ $______ Solicitation Number: 1240BD22Q0039 Forest Wide Vault Toilets and Holding Tank Pumping, Colville National Forest BPA Page 2 Total Quote for Item 1B $______ Option 1C Zone 1 � Newport/Sullivan Lake Option Year II April 12, 2024 through December 31, 2024 1CA Pump, S&HT 1,000 Gallon 1 EA $______ $______ 1CB Pump, VT 1,000 Gallon 10 EA $______ $______ Total Quote for Item 1C $______ Option 1D Zone 1 � Newport/Sullivan Lake Option Year III April 12, 2025 through December 31, 2025 1DA Pump, S&HT 1,000 Gallon 1 EA $______ $______ 1DB Pump, VT 1,000 Gallon 10 EA $______ $______ Total Quote for Item 1D $______ Total Quote for Zone 1 -(Item 1A + 1B + 1C + 1D) $______ 2A Zone 2 � Republic/Three Rivers West Contractor to provide all supervision, labor, tools, transportation, equipment and supplies required to pump Septic and Holding Tanks (S&HT) and Vault Toilets (VT) in accordance with PWS. Note: Quote shall include mileage. Zone 2 � Republic/Three Rivers West Base Item Contract Award to December 31, 2022 2AA Pump S&HT 1,000 Gallon 1 EA $______ $______ 2AB Pump VT 1,000 Gallon 10 EA $______ $______ Solicitation Number: 1240BD22Q0039 Forest Wide Vault Toilets and Holding Tank Pumping, Colville National Forest BPA Total Quote for Item 2A $______ Option 2B Zone 2 � Republic/Three Rivers West Option Year I April 15, 2023 to December 31, 2023 2BA Pump S&HT 1,000 Gallon 1 EA $______ $______ 2BB Pump VTs 1,000 Gallon 10 EA $______ $______ Total Quote for Item 2B $______ Option 2C Zone 2 � Republic/Three Rivers West Option Year II April 12, 2024 through December 31, 2024 2CA Pump, S&HT 1,000 Gallon 1 EA $______ $______ 2CB Pump, VT 1,000 Gallon 10 EA $______ $______ Total Quote for Item 2C $______ Option 2D Zone 2 � Republic/Three Rivers West Option Year III April 12, 2025 through December 31, 2025 2DA Pump, S&HT 1,000 Gallon 1 EA $______ $______ 2DB Pump, VT 1,000 Gallon 10 EA $______ $______ Total Quote for Item 2D $______ Total Quote for Zone 2 - (Item 2A + 2B + 2C + 2D) $______ Zone 3 � Three Rivers East 3A Contractor to provide all supervision, labor, tools, transportation, equipment and supplies required to pump Septic and Holding Tanks (S&HT) and Vault Toilets (VT) in accordance with PWS. Note: Quote shall include mileage. Zone 3 � Three Rivers East Base Item Contract Award to December 31, 2022 3AA Pump S&HT 1,000 Gallon 1 EA $______ $______ 3AB Pump VT 1,000 Gallon 10 EA $______ $______ Total Quote for Item 3A $______ Option 3B Zone 3 � Three Rivers East Option Year I April 15, 2023 to December 31, 2023 3BA Pump S&HT 1,000 Gallon 1 EA $______ $______ 3BB Pump VTs 1,000 Gallon 10 EA $______ $______ Total Quote for Item 3B $______ Option 3C Zone 3 � Three Rivers East Option Year II April 12, 2024 through December 31, 2024 3CA Pump, S&HT 1,000 Gallon 1 EA $______ $______ 3CB Pump, VT 1,000 Gallon 10 EA $______ $______ Total Quote for Item 3C $______ Option 3D Zone 3 � Three Rivers East Option Year III April 12, 2025 through December 31, 2025 3DA Pump, S&HT 1,000 Gallon 1 EA $______ $______ 3DB Pump, VT 1,000 Gallon 10 EA $______ $______ Total Quote for Item 3D $______ Total Quote for Zone 3 - (Item 3A + 3B + 3C + 3D) $______ Total Quote for all Zones $______ The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other incidentals necessary to perform toilet pumping services. The quote will be a fixed firm price per unit, per visit and will include ALL fees associated with the service provided, including but not limited, i.e., disposal of foreign debris found in the septic systems that is not classified as sewages. Unit price is a fixed price to pump and dispose at approved State Facility in accordance with the specification listed herein. The unit price shall include mileage. The frequency of pumping will vary during the period of performance. A BPA Call will be issued to identify the frequency and location of the facilities to be serviced. QUESTIONS DUE BY: 3/15/2022 by 12:00 PM PST RESPONSE DUE BY: 3/30/2022 by 12:00 PM PST QUESTIONS AND RESPONSES MUST ONLY BE SUBMITTED TO: arlene.steffey@usda.gov Schedule Notes: a) COMPLETE THE YELLOW HIGHLIGHTED INFORMATION BELOW AND SUBMIT A COPY WITH YOUR OFFER. SEE INSTRUCTIONS IN SECTION IV, PROVISION 52.212-1. VENDOR NAME:__________________________________________________ VENDOR DUNS:___________________________________________________ 1. Background The U. S. Department of Agriculture (USDA) and U.S. Forest Service (USFS) through Region 6 Acquisitions Management require competitive sources for the procurement of pumping services for vault/pit toilet and septic systems at USDA Forest Service managed recreation sites located on the National Forests in Oregon and Washington. The intent of any awarded Blanket Purchase Agreements (BPA) is to streamline the acquisition process by providing direct access to a few qualified vendors who are familiar in conducting business with the Federal Government. 2. Description of Agreement The intent of this agreement is for the Contractor to furnish all necessary supervision, labor, equipment, supplies (including potable water), transportation, materials, and other incidentals necessary to perform all work required. Toilet vaults, septic tanks, and holding tanks are located at various locations throughout the Colville National Forest. The services will be on a ""call when needed"" basis with the period of performance between date of award through the effective period. The toilet facilities and tanks within each individual site are identified in the schedule and maps. The contractor shall remove and dispose of all effluent in an acceptable manner in accordance with state and federal rules, regulations, and laws; recharging the vault toilets with approximately 150 gallons of water; and cleaning all spilled materials (as a result of pumping and related activities) surrounding each toilet building. The sites are both recreational and administrative. Most of the administrative sites are located on the Sullivan Lake Ranger District compound. This BPA will utilize specifications to define the requirements of each call placed. The specifications will provide the key characteristics of the site to be serviced. A Blanket Purchase Agreement/s (BPA) will be awarded in response to this solicitation. A BPA is a simplified method of filling anticipated repetitive needs for supplies or services by establishing �charge accounts� with qualified sources. These services are normally required before and during the operating season, which can run anytime between April 1 through October 30 annually, but may occur throughout the entire year. Some locations also require services at the end of each season. Additionally, some toilets are located at winter trailheads and may require winter pumping. The number of sites and frequency of service may be increased or decreased throughout the life of the BPA and are subject to the change clause FAR 52.212-4(C) Changes. The recreation sites are listed by forest and/or district locations. (SEE ATTACHED SCHEDULE OF ITEMS). Not all sites will be on double lane, paved roads and some could be on single lane, dirt or gravel roads. The toilets vary in maximum capacity and will be pumped on a �call when needed� basis with 90% of the waste contents removed per standard commercial practices. The contractor shall be responsible for making disposal arrangements including disposal of all sewage and debris, and payment of all fees. All waste shall be disposed of at a commercial treatment facility off National Forest Lands. Applicable OSHA, State and Local laws and regulations will be followed. The Government will issue a BPA Call. The service shall be serviced within one (1) to seven (7) business days following request. The toilets shall be pumped on Mondays through Fridays between the hours of 8:00 am and 4:00 pm. Maps Newport-Sullivan Lake v2 pages one (1) Republic Three Rivers Latrine v2 pages one (1) Three Rivers East v2 pages one (1) Tonasket Latrine v4 pages one (1) Maps showing the general vicinity and/or specific work areas are included in Section titled ""Contract Exhibits and Attachments"". There may be some locations added or deleted to the maps throughout the contract's effective period. Wage Determination No.: 2015-5537 Revision No.: 15 Date Of Last Revision: 12/27/2021 3. Extent of Obligation The Government is only obligated to the extent of authorized calls placed against this BPA by authorized personnel, against authorized items. 4. Purchase Limitations The limitation for each individual purchase under this BPA shall not exceed $500,000. 5. Individuals Authorized to Purchase under this BPA Any warranted Contracting Officer with proper delegated authority within Forest Service Northwest Procurement Zone. BPA Calls will be issued as work becomes available. 6. Delivery Tickets All services under this agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information: (i) Name of supplier. (ii) BPA number. (iii) Date of purchase. (iv) Purchase/Call number. (v) Itemized list of units furnished. (vi) Quantity, unit price, and extension of each item, less applicable discounts. (vii) Date of delivery or shipment 7. Invoices Individual invoices will be submitted for each delivery or as specified and allowed by each call. Unless specified otherwise in the call, Invoices will be submitted to the Invoice Processing Platform (IPP) at www.ipp.gov. All vendors selected for award of a BPA will be required to register in the IPP system. 8. Placement of Calls All work will be ordered based on the Firm-Fixed-Prices as shown in the Schedule of Items. BPA Calls may be issued orally and followed up in writing, by facsimile, or by electronic commerce methods. The government anticipates awarding multiple BPA Calls shortly after award of BPA. Estimated start work dates and performance times will be identified on each Call. Calls may be issued continuously with no time discounted for normal weather conditions or fire restrictions. The Contractor is not required to accept every Call. However, there is a general expectation that the Contractor will be available for most Calls. Service contract wage rates will be added via attachment per BPA call/award. The wage rates included in this solicitation are provided as a sample only. 9. Cancellation of BPA The United States government reserves the unilateral right to cancel this BPA by providing written notification to the contractor. The contractor may withdraw from this BPA upon written request to the Contracting Officer. Withdrawal from the BPA does not affect awarded calls. 10. Points of Contact and Mailing Address A Kay Steffey, Contracting Officer 208-484-4622 Arlene.steffey@usda.gov Issuing Office: Procurement and Property Services USDA-FS, CSA NORTHWEST 2 1220 3RD AVE STE 310 1221 PORTLAND OR 97204-2829 11. Period of Performance BPA Calls may be placed through March 31, 2032. Concurrent BPA Calls may be issued. Period of Performance: April 1, 2022, through March 31, 2032 The agreement shall be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the Federal Acquisition Regulation. Contractors may be offered an opportunity to adjust their prices. If a revised rate is not submitted during the period set forth by the Contracting Officer, the prices proposed in the original agreement (or latest update if applicable) will remain in effect. Since the Schedule of Items offers pricing for outgoing years, the Government is anticipating a low need for yearly updates. The Government reserves the right to make single or multiple awards based on the responses to this RFQ that represent the best value to the Government. 12. Modifying the BPA This Blanket Purchase Agreement shall be changed only by modifying the agreement itself and not by individual orders issued under it. Only the Contracting Officer identified in paragraph 10, or their designated successor may modify this BPA 13. Definitions CO: Contracting Officer - person with the authority to enter, administer, and/or terminate the contract. GTM: Government Technical Monitor � person who surveys, monitors and inspects work (no contract authority). COR: Contracting Officer Representative- person with limited authority to administer contract. BPA Call, or Blanket BPA Call: An order for services placed against a BPA. Each BPA Call will be numbered by using the alpha character �F� as the procurement type identifier (e.g. 1240BK21F00xx). Authorized Callers: Designated Forest employees will be identified after award for each BPA. Only those on the list may place an order or call for pumping services and any others shall be denied. Purchase limitation. The dollar limitation for each individual purchase (BPA Call/Order) under the BPA shall not exceed a total of $xx.xx. Extent of Obligation: The Government is hereby obligated only to the extent of authorized purchases (calls/orders) actually made under this Blanket Purchase Agreement. Invoices: A consolidated invoice shall be submitted monthly which includes all pumping calls/orders in the period. Delivery Tickets/Invoicing: All calls under the BPA shall be consolidated and invoiced monthly thru the Department of Treasury's electronic Invoice Processing Platform (IPP). The use of this invoice processing platform is a mandatory requirement initiated by USDA and the U.S. Department of Treasury and you can find more information at https://www.ipp.gov/index.htm. Please register at https://www.ipp.gov/vendors/enrollment-vendors.htm after award. (vii) Date(s) and Place(s) of Delivery and Acceptance/Location Location and Description The toilets and tanks to be serviced are located at various campgrounds, administrative sites and dispersed recreation areas throughout the Colville National Forest and are listed by zone, number, and estimated capacity. Access All facilities are expected to be accessible by two-wheel drive vehicles upon suggested contract start date. Part II -- Contract Clauses 52.212-4 Contract Terms and Conditions � Commercial Items (NOV 2021) Addenda to 52.212-4: Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017): (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity. Clauses: 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.236-9- PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984) 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm 52.252-6 Authorized Deviations in Clauses (NOV 2020) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of �(DEVIATION)� after the date of the clause. Solicitation Number: 1240BD22Q0039 Forest Wide Vault Toilets and Holding Tank Pumping, Colville National Forest BPA (b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of �(DEVIATION)� after the name of the regulation. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. (JAN 2022) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: ? (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). ? (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). ? (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). ? (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). ? (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). ? (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 ( 19 U.S.C. 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. 2402). ? (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)). ? (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ? (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). ? (5) [Reserved]. ? (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ? (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ? (8) 52.209-6, Protecting the Government�s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note). ? (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). ? (10) [Reserved]. ? (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a). ? (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (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 2020) (15 U.S.C. 644). ? (ii) Alternate I (Mar 2020) of 52.219-6. ? (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). ? (ii) Alternate I (Mar 2020) of 52.219-7. ? (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). ? (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)). ? (ii) Alternate I (Nov 2016) of 52.219-9. ? (iii) Alternate II (Nov 2016) of 52.219-9. ? (iv) Alternate III (Jun 2020) of 52.219-9. Solicitation Number: 1240BD22Q0039 Forest Wide Vault Toilets and Holding Tank Pumping, Colville National Forest BPA Page 13 ? (v) Alternate IV (Sep 2021) of 52.219-9. ? (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). ? (ii) Alternate I (Mar 2020) of 52.219-13. ? (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s). ? (20) 52.219-16, Liquidated Damages�Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)). ? (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f). ? (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)). ? (ii) Alternate I (Mar 2020) of 52.219-28. ? (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)). ? (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)). ? (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). ? (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)). ? (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). ? (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126). ? (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ? (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). ? (ii) Alternate I (Feb 1999) of 52.222-26. ? (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). ? (ii) Alternate I (Jul 2014) of 52.222-35. ? (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). Solicitation Number: 1240BD22Q0039 Forest Wide Vault Toilets and Holding Tank Pumping, Colville National Forest BPA Page 14 ? (ii) Alternate I (Jul 2014) of 52.222-36. ? (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). ? (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ? (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627). ? (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ? (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (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.) ? (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA�Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ? (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ? (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). ? (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ? (40) (i) 52.223-13, Acquisition of EPEAT�-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). ? (ii) Alternate I (Oct 2015) of 52.223-13. ? (41) (i) 52.223-14, Acquisition of EPEAT�-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). ? (ii) Alternate I (Jun2014) of 52.223-14. ? (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b). ? (43) (i) 52.223-16, Acquisition of EPEAT�-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ? (ii) Alternate I (Jun 2014) of 52.223-16. ? (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). ? (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ? (46) 52.223-21, Foams (Jun2016) (E.O. 13693). ? (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). ? (ii) Alternate I (Jan 2017) of 52.224-3. ? (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83). ? (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3. ? (iii) Alternate II (Jan 2021) of 52.225-3. ? (iv) Alternate III (Jan 2021) of 52.225-3. ? (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ? (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. 2302Note). ? (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). ? (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). ? (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). ? (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ? (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ? (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332). ? (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). ? (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ? (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ? (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). ? (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). ? (ii) Alternate I (Apr 2003) of 52.247-64. ? (iii) Alternate II (Nov 2021) of 52.247-64. (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.] ? (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67). ? (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). ? (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ? (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67). ? (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). ? (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). ? (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020). ? (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). ? (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor�s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509). ? (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). ? (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and ...
 

Web Link

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Place of Performance

Address: USA

Country: USA
 

Record

SN06260104-F 20220310/220308230059 (samdaily.us)
 

Source

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(may not be valid after Archive Date)

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