End of clause
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion of customer order, including options, 60 months following the expiration of the FSS contract ordering period.
End of clause
52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)
(a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract. (c) Applicability. This clause applies only to—
(1) Contracts that have been set aside for any of the small business concerns identified in
19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 127 of 212
228
19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are— (i) Set aside for small business concerns under multiple-award contracts, as described in
8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in
19.504(c)(1)(ii);
(5)Orders, regardless of dollar value, that are—
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii)Issued directly to concerns that qualify for the programs described in subparts 19.8,
19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and (6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference. (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded. (f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [Contracting Officer check as appropriate.]
# By the end of the base term of the contract and then by the end of each subsequent option period; or
# By the end of the performance period for each order issued under the contract. (2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
52.219-29 NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE
AWARD TO, ECONOMICALLY DISADVANTAGED
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 128 of 212
229
WOMEN-OWNED SMALL BUSINESS CONCERNS (OCT 2022)
(a) Definitions.
Economically disadvantaged women-owned small business (EDWOSB) concern, as used in this clause, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and is certified pursuant to 13 CFR 127.300 as an EDWOSB. It automatically qualifies as a women-owned small business (WOSB) concern eligible under the WOSB Program.
WOSB Program Repository means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program. (b) Applicability. This clause applies only to—
(1) Contracts that have been set aside for, or awarded on a sole-source basis to, EDWOSB concerns;
(2) Part or parts of a multiple-award contract that have been set aside for EDWOSB concerns; (3) Orders set aside for EDWOSB concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and
(4) Orders issued directly to EDWOSB concerns under multiple-award contracts as described in 19.504(c)(1)(ii).
(c) General.
(1) For EDWOSB set-aside procurements, offers are solicited only from certified EDWOSB concerns or EDWOSB concerns with a pending application for certification in the Dynamic Small Business Search (DSBS).
(2) For EDWOSB sole-source awards, offers are solicited only from certified EDWOSB concerns. (3) Offers received from other concerns will not be considered. (4) Any award resulting from this solicitation will be made to a certified EDWOSB concern. (d) Joint Venture. A joint venture may be considered an EDWOSB concern if— (1) At least one party to the joint venture complies with the criteria defined in paragraph (a) and paragraph (c)(3) of this clause, and 13 CFR 127.506(c); and (2) Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under the SBA mentor-protégé program.
(e) In a joint venture that complies with paragraph (d) of this clause, the EDWOSB party or parties to the joint venture shall perform at least 40 percent of the work performed by the joint venture. Work performed by the EDWOSB party or parties to the joint venture must be more than administrative functions.
(End of clause)
52.219-30 NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE
AWARD TO, WOMEN-OWNED SMALL BUSINESS CONCERNS
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 129 of 212
230
ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS
PROGRAM (OCT 2022)
(a) Definitions. As used in this clause—
Definition. Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), as used in this clause, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300 as a WOSB. A certified EDWOSB is automatically eligible as a certified WOSB. (b) Applicability. This clause applies only to-
(1) Contracts that have been set aside for, or awarded on a sole-source basis to, WOSB concerns eligible under the WOSB Program;
(2) Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program;
(3) Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and (4) Orders issued directly to WOSB concerns eligible under the WOSB Program under multiple-award contracts as described in 19.504(c)(1)(ii). (c) General.
(1) For WOSB set-aside procurements, offers are solicited only from certified WOSB concerns eligible under the WOSB Program or WOSB concerns with a pending application for certification status in the Dynamic Small Business Search (DSBS).
(2) For WOSB sole-source awards, offers are solicited only from certified WOSB concerns. (3) Offers received from other concerns shall not be considered. (4) Any award resulting from this solicitation will be made to a certified WOSB concern eligible under the WOSB Program.
(d) Joint Venture. A joint venture may be considered a WOSB concern eligible under the WOSB Program if—
(1) At least one party to the joint venture complies with the criteria defined in paragraph (a) and (c)(3) of this clause, and 13 CFR 127.506(c); and
(2) Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under the SBA mentor-protégé program. (e) In a joint venture that complies with paragraph (d) of this clause, the WOSB party or parties to the joint venture shall perform at least 40 percent of the work performed by the joint venture. Work performed by the WOSB party or parties to the joint venture must be more than administrative functions.
(End of clause)
52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 130 of 212
231
AWARD (OCT 2022)
(a) Definitions. HUBZone small business concern, as used in this clause, means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103). (b) Applicability. This clause applies only to-
(1) Contracts that have been set aside or awarded on a sole-source basis to, HUBZone small business concerns;
(2) Part or parts of a multiple-award contract that have been set aside for HUBZone small business concerns;
(3) Orders set aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and
(4) Orders issued directly to HUBZone small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii).
(c) General.
(1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered. (2) Any award resulting from this solicitation will be made to a HUBZone small business concern.
(d) Joint Venture. A joint venture may be considered a HUBZone concern if— (1) At least one party to the joint venture is a HUBZone small business concern and complies with 13 CFR 126.616(c); and
(2) Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under the SBA mentor-protégé program. (e) A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business party or parties to the joint venture must be more than administrative functions. (End of clause)
C-FSS-370 CONTRACTOR TASKS / SPECIAL REQUIREMENTS
(DEC 2022)
(a) Security clearances. The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule (MAS).
(b) Travel. The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by FAR part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under MAS. Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 131 of 212
232
The Industrial Funding Fee does not apply to travel and per diem charges. (c) Certifications, licenses and accreditations. As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses, and accreditations for specific Federal Supply Code (FSC)/Product Service Code (PSC) classifications offered. All costs associated with obtaining/ possessing such certifications, licenses, and accreditations should be factored into the price offered under MAS.
(d) Insurance. As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/PSC classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under MAS. (e) Personnel. The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract. Ordering agencies may require prior approval of additions or replacements to key personnel. (f) Organizational conflicts of interest. Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such an order may be restricted in accordance with FAR part 9.5.
(g) Documentation/Standards. The Contractor may be requested to provide products or services in accordance with rules, regulations, Office of Management and Budget orders, standards and documentation as specified by the order.
(h) Data/Deliverable requirements. Any required data/deliverables at the order level will be specified or negotiated by the ordering agency.
(i) Government-furnished property. As specified by the order, the Government may provide property, equipment, materials or resources as necessary.
(j) Availability of funds. Many ordering agencies operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year.
The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer.
(k) Overtime. For professional services, the labor rates in the Schedule should not vary by virtue of the Contractor having worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate).
(End of clause)
I-FSS-40 CONTRACTOR TEAM ARRANGEMENTS (DEC 2022)
Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with GSAR clause 52.238-80, Industrial Funding Fee and Sales Reporting (i.e., each contractor participating in a contractor team arrangement must report sales and remit the Industrial Funding Fee for all products and services provided under its individual contract). (End of clause)
I-FSS-600 CONTRACT PRICE LISTS (DEC 2022)
(a) Electronic Contract Data.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 132 of 212
233
(1) At the time of award, the Contractor will be provided instructions for submitting electronic contract data in a prescribed format as required by GSAR clause 552.238-77, Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price Lists. (2) The Contractor will have a choice to transmit its file submissions electronically through Electronic Data Interchange (EDI) in accordance with the Federal Implementation Convention (IC) or use the application made available at the time of award. The Contractor’s electronic files must be complete, correct, readable, virus free, and contain only those supplies and services, prices, and terms and conditions that were accepted by the Government. They will be added to GSA’s electronic ordering system known as GSA Advantage!®, a menu driven database system that provides online access to contract ordering information, terms and conditions, current pricing, and the option to create an electronic order. The Contractor’s electronic files must be received no later than 30 days after award. Contractors should refer to the GSAR clause at 552.238-88, GSA Advantage!®, for further information.
(3) Further details on EDI, ICs, and GSA Advantage! ® can be found in GSAR clause 552.238-103, Electronic Commerce.
(4) The Contractor is encouraged to place the GSA logo on their website for those supplies or services covered by this contract. Contractors may link the GSA logo to their FSS price list. Only GSA Schedule holders may use the GSA logo, which is at https://www.gsa.gov/logos. All resultant “web price lists” shown on the Contractor’s website must be in accordance with paragraph (b)(3)(ii) of this clause and nothing other than what was accepted/awarded by the Government may be included. If the Contractor elects to use contract identifiers on its website (either logos or contact number) the website must clearly distinguish between those items awarded on the contract and any other items offered by the Contractor on an open market basis. (5) The Contractor is responsible for keeping all electronic catalogs data current, accurate, and complete; e.g., prices, product deletions and replacements, etc. (b) Federal Supply Schedule Price Lists.
(1) The Contractor must prepare and distribute an FSS price list as required by GSAR clause 552.238-77, Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price Lists.
(2) The Contractor must prepare an FSS price list by composing a price list in which only those items, terms, and conditions accepted by the Government are included, and which contain only net prices, based upon the commercial price list or commercial market prices less discounts accepted by the Government. The cover page of the FSS price list must include the following statement: "Prices Shown Herein are Net (discount deducted)”. (3) The cover page of the FSS price list must include the following information prepared in the following format:
GENERAL SERVICES ADMINISTRATION
Federal Acquisition Service Authorized Federal Supply Schedule FSS Price List Online access to contract ordering information, terms and conditions, pricing, and the option to create an electronic delivery order are available through GSA Advantage!®. The website for GSA Advantage!® is: https://www.GSAAdvantage.gov.
Schedule title
FSC Group, Part, and Section or Standard Industrial Group (as applicable) FSC Class(es)/Product Code(s) and/or Service Codes (as applicable).
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 133 of 212
234
Contract number
Contract period
Contractor's name, address, and phone number (include toll free WATS number and FAX number, if applicable)
Contractor’s internet address/website where Schedule information can be found (as applicable)
Contract administration source (if different from preceding entry) Business size
For more information on ordering go to the following website: https://www.gsa.gov/schedules.
CUSTOMER INFORMATION: The following information should be placed under this heading in consecutively numbered paragraphs in the sequence set forth below. If this information is placed in another part of the FSS price list, a table of contents must be shown on the cover page that refers to the exact location of the information.
1a. Table of awarded special item number(s) with appropriate cross reference to item descriptions and awarded price(s).
1b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment discounts, or any other concession affecting price. Contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply.
1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility, and education for those types of employees or subcontractors who will perform services shall be provided. If hourly rates are not applicable, the Contractor shall insert “Not applicable” for this item.
2. Maximum order.
3. Minimum order.
4. Geographic coverage (delivery area).
5. Point(s) of production (city, county, and State or foreign country).
6. Discount from list prices or statement of net price.
7. Quantity discounts.
8. Prompt payment terms. The Contractor must insert the following statement after identifying the prompt payment terms: "Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions."
9. Foreign items (list items by country of origin).
10a. Time of delivery. (Contractor insert number of days.) 10b. Expedited Delivery. The Contractor must insert the sentence “Items available for expedited delivery are noted in this price list.” under this heading. The Contractor may use a symbol of its choosing to highlight items in its FSS price list that have expedited delivery. 10c. Overnight and 2-day delivery. The Contractor must indicate whether overnight and 2-day delivery are available. Also, the Contractor must indicate that the ordering activity may contact the Contractor for rates for overnight and 2-day delivery. 10d. Urgent Requirements. The Contractor must note in its FSS price list that ordering agencies can request accelerated delivery for urgent requirements.
11. F.O.B. point(s).
12a. Ordering address(es).
12b. Ordering procedures: See Federal Acquisition Regulation (FAR) 8.405-3.
13. Payment address(es).
14. Warranty provision.
15. Export packing charges, if applicable.
16. Terms and conditions of rental, maintenance, and repair (if applicable).
17. Terms and conditions of installation (if applicable). 18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable).
18b. Terms and conditions for any other services (if applicable).
19. List of service and distribution points (if applicable).
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 134 of 212
235
20. List of participating dealers (if applicable).
21. Preventive maintenance (if applicable).
22a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants).
22b. If applicable, indicate that Section 508 compliance information is available for the information and communications technology (ICT) products and services offered and show where full details can be found (e.g., Contractor’s website or other location). ICT accessibility standards can be found at https://www.section508.gov/.
23. Unique Entity Identifier (UEI) number.
24. Notification regarding registration in the System for Award Management (SAM) database. (4) Amendments to the FSS price lists must include on the cover page the same information as the current FSS price list plus the title "Supplement No. (sequentially numbered)" and the effective date(s) of such supplements.
(5) Accuracy of information and computation of prices is the responsibility of the Contractor. (6) Inclusion of incorrect information in the FSS price list will cause the Contractor to resubmit/correct the FSS price list, and may constitute sufficient cause for termination, pursuant to GSA clause 552.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services, and application of any other remedies as provided by law—including monetary recovery. (End of clause)
Note: Regulation I-FSS-600
- All Commercial Off the Shelf (COTS) and commercial type products are prohibited from being duplicated and published to the Text File posted on the GSA Advantage environment (includes GSA eLibrary and GSA eBuy).
- All Commercial Off the Shelf (COTS) and commercial type products should be published for sale on GSA Advantage OR to the Text File posted on the GSA Advantage environment (includes GSA eLibrary and GSA eBuy).
- All Services offerings are prohibited from being duplicated and published to the Price List generated by the FAS Catalog Platform (FCP) AND the Text File posted on the GSA Advantage environment (includes GSA eLibrary and GSA eBuy). - All Service offerings should be published to a Price List generated by FCP OR to the Text File posted on the GSA Advantage environment (includes GSA eLibrary and GSA eBuy).
I-FSS-644 PRODUCTS OFFERED AND SOLD BY VENDORS
OTHER THAN THE MANUFACTURER (DEC 2022)
(a) Applicability. This clause applies to offerings and sales of products made by Contractors other than the manufacturer of such products. This clause applies specifically to, but is not limited to, Contractors who are resellers and distributors. This clause does not apply to Contractors who are also the manufacturer of the product(s) being offered and sold under this contract. (b) Terms of Offering and Sales. Contractors shall not offer or sell products under this contract for which they do not have authorization, as applicable, and they lack an uninterrupted source of supply sufficient to satisfy the Government’s requirements.
(1) Manufacturer Authorization Program.
(i) For products that manufacturers manage through any “authorized supplier”, “controlled distribution”, or other similar program, the Contractor shall be included in such a program to sell products to the Government. The Government will rely on information provided by the manufacturer to identify such authority, to the extent provided by the manufacturer.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 135 of 212
236
(ii) If the Contractor is not included in any authorization program, then sales of those products under this contract are not permitted.
(iii) For products that manufacturers do not manage through any authorization program, the Contractor need only provide the uninterrupted source of supply as required by paragraph (b)(2) of this clause.
(2) Uninterrupted Source of Supply. The Contractor shall provide evidence of, and shall maintain, an uninterrupted source of supply sufficient to satisfy the Government’s requirements for all products on its contract.
(3) Manufacturer Prohibitions. The Contractor shall not offer or sell any product under this contract that the manufacturer of the product has prohibited the Contractor from selling. (c) Discrepancies. In the event that the Government becomes aware of any discrepancy regarding a Contractor’s authorization program status, uninterrupted source of supply, or manufacturer prohibition, the Contracting Officer will give written notice of such discrepancy to the Contractor. The Contractor shall have 30 days to respond to the discrepancy. Failure to respond to or resolve (as applicable) a notice of discrepancy may result in cancellation of this contract, in whole or in part, in accordance with GSAR clause 552.238-79, Cancellation.
(End of clause)
G-FSS-900-C CONTACT FOR CONTRACT ADMINISTRATION
(DEC 2022)
Offerors should complete paragraphs (a) and (b) of this clause if providing both domestic and overseas delivery. Complete paragraph (a) of this clause if providing domestic delivery only. Complete paragraph (b) of this clause if providing overseas delivery only.
The Contractor shall designate a person to serve as the contract administrator for the contract both domestically and overseas. The contract administrator is responsible for overall compliance with contract terms and conditions. The contract administrator is also the responsible official for issues concerning GSAR clause 552.238-80, Industrial Funding Fee and Sales Reporting, including reviews of Contractor records. The Contractor’s designation of representatives to handle certain functions under this contract does not relieve the contract administrator of responsibility for contract compliance. Any changes to the designated individual must be provided to the Contracting Officer in writing, with the proposed effective date of the change.
(a) Domestic.
NAME ______________________________________________________________________ TITLE ______________________________________________________________________ ADDRESS ___________________________________________________________________ ZIP CODE ___________________________________________________________________ TELEPHONE NO. (_______) __________________ FAX NO. ________________________ E-MAIL ADDRESS ___________________________________________________________ (b) Overseas. Overseas contact points are mandatory for local assistance with the resolution of any delivery, performance, or quality complaint from ordering agencies. (Also, see the requirement in GSAR clause 552.238-97, Parts and Service) At a minimum, a contact point must be furnished for each area in which deliveries are contemplated, e.g., Europe, South America, Far East, etc.
NAME ______________________________________________________________________ TITLE ______________________________________________________________________ ADDRESS ___________________________________________________________________ Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 136 of 212
237
ZIP CODE ___________________________________________________________________ TELEPHONE NO. (_______) __________________ FAX NO. ________________________ E-MAIL ADDRESS ___________________________________________________________ (End of provision)
I-FSS-106 GUARANTEED MINIMUM (DEC 2022)
(a) The guaranteed minimum that the Government agrees to order during the period of this contract is $2,500. If the Contractor receives total orders for less than $2,500 during the term of the contract, the Government will pay the difference between the amount ordered and $2,500. (b) Payment of any amount due under this clause shall be contingent upon the Contractor’s timely submission of reportable sales and fees and receipt of the close-out sales report pursuant to GSAR clause 552.238-80, Industrial Funding Fee and Sales Reporting. (c) The guaranteed minimum applies only if the contract expires or contract cancellation is initiated by the Government. The guaranteed minimum does not apply if the contract is terminated for cause or if the contract is canceled at the request of the Contractor.
52.232-40 PROVIDING ACCELERATED PAYMENTS TO
SMALL BUSINESS SUBCONTRACTORS (MAR 2023)
(a)
(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of
accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(2) The Contractor agrees to make such payments to its small business subcontractors without any
further consideration from or fees charged to the subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the
Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small
business concerns, including subcontracts with small business concerns for the acquisition of
commercial products or commercial services.
(End of clause)
552.219-74 SECTION 8(a) DIRECT AWARD (SEP 1999)
(a) This contract is issued as a direct award between the contracting activity and the 8(a)Contractor pursuant to the Memorandum of Understanding between the Small Business Administration (SBA) and the General Services Administration. SBA retains the responsibility for 8(a)certifications, 8(a)eligibility determinations, and related issues, and will provide counseling and assistance to the 8(a)contractor under the 8(a)program.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 137 of 212
238
The cognizant SBA district office is:
[Complete at time of award]
(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract.
However, the contracting activity shall give advance notice to SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any advance payments or novation agreements. The contracting activity may assign contract administration functions to a contract administration office. (c) The Contractor agrees:
(1)To notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA’s 8(a)regulations), when the owner or owners upon whom 8(a)eligibility is based plan to relinquish ownership or control of the concern.
Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.
(2)To the requirements of 52.219-14, Limitations on Subcontracting. (End of clause)
552.238-117 PRICE ADJUSTMENT—FAILURE TO PROVIDE
ACCURATE INFORMATION (OCT 2023)
(a) The Government, at its election, may reduce the price of this contract or contract modification if the Contracting Officer determines after award of this contract or contract modification that the price negotiated was increased by a significant amount because the Contractor failed to:
(1) provide information required by this solicitation/contract or otherwise requested by the Government; or
(2) submit information that was current, accurate, and complete; or (3) disclose changes in the Contractor’s commercial pricelist(s), discounts or discounting policies which occurred after the original submission and prior to the completion of negotiations. (b) The Government will consider information submitted to be current, accurate and complete if the data is current, accurate and complete as of 14 calendar days prior to the date it is submitted. (c) If any reduction in the contract price under this clause reduces the price for items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States—
(1) The amount of the overpayment; and
(2) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective each quarter prescribed by the Secretary of Treasury under 26 U.S.C.6621(a)(2).
(d) Failure to agree on the amount of the decrease shall be resolved as a dispute. (e) In addition to the remedy in paragraph (a) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 138 of 212
239
are in addition to any other rights and remedies provided by law or under this contract. (End of clause)
I-FSS-639 CONTRACT SALES CRITERIA (SEP 2023)
The Federal Supply Schedule (FSS) Contracting Officer may decide not to exercise the first option to extend the term of the contract if the Contractor’s reported sales are not expected to exceed $100,000 within the first 60 months following contract award. The FSS Contracting Officer may decide not to exercise subsequent options to extend the term of the contract if the Contractor's reported sales did not exceed $125,000 each 60 month period thereafter. (End of clause)
552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE
TO GSA ACQUISITIONS OF COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (OCT 2023)
(a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial products, including commercial components, and commercial services. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The Contracting Officer should check the clauses in paragraph (b) that apply or delete the clauses that do not apply from the list. The Contracting Officer may add the date of the clause if desired for clarity. The GSAR clauses[ ]in paragraph (b) of this section are incorporated by reference. (b) Clauses.
X 552.203-71 Restriction on Advertising
Varies by Category, Subcategory and SIN 552.211-73 Marking Varies by Category, Subcategory and SIN 552.219-70 Allocation of Orders—Partially Set-Aside Items
X 552.229-70 Federal, State, and Local Taxes
Varies by Category, Subcategory and SIN 552.232-72 Final Payment Under Building Services Contracts
Varies by Category, Subcategory and SIN 552.237-71 Qualifications of Employees
N/A 552.242-70 Status Report of Orders and Shipments
(End of Clause)
552.212-72 CONTRACT TERMS AND CONDITIONS REQUIRED
TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS
APPLICABLE TO GSA ACQUISITION OF COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (OCT 2023)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement provisions of law or Executive Orders applicable to acquisition of commercial items or Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 139 of 212
240
components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The contracting officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the lists in paragraphs (a) and (b). The contracting officer may add the date of the provision or clause if desired for clarity. The GSAR following provisions in paragraph (a) and GSAR clauses [in paragraph (b)] are incorporated by reference.
(a) Provisions.
Varies by Category, Subcategory and SIN 552.223-72 Hazardous Material Information
(b) Clauses.
* ______* 552.215-70 Examination of Records by GSA
Varies by Category, Subcategory and SIN 552.223-70 Hazardous Substances.
Varies by Category, Subcategory and SIN 552.223-71 Nonconforming Hazardous Material.
X 552.223-73 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments.
X 552.232-23 Assignment of Claims
(End of Clause)
52.225-5 TRADE AGREEMENTS (NOV 2023)
(a) Definitions. As used in this clause-
“Caribbean Basin country end product”—
(1) Means an article that-
(i) (A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and
(ii) Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C.2703 (b).
(A) For this reason, the following articles are not Caribbean Basin country end products:
(1) Tuna prepared or preserved in any manner in airtight containers;
(2) Petroleum, or any product derived from petroleum;
(3) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 140 of 212
241
mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column2 rates of duty apply (i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam); and
(4) Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and
folklore articles;
(B) Access to the HTSUS to determine duty-free status of articles of these types is available at https://usitc.gov/tata/hts/index.htm. In particular, see the following:
(1) General Note3(c), Products Eligible for Special Tariff treatment.
(2) General Note17, Products of Countries Designated as Beneficiary Countries under the United States-Caribbean Basin Trade Partnership Act of 2000.
(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note7(b). (4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits under the United States-Caribbean Basin Trade Partnership Act; and
(2) Refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the acquisition, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
“Designated country” means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei)”), Ukraine, or United Kingdom);
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore); (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo,
Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 141 of 212
242
Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago). “Designated country end product” means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a Caribbean Basin country end product. “End product” means those articles, materials, and supplies to be acquired under the contract for public use.
“Free Trade Agreement country end product” means an article that- (1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or
(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
“Least developed country end product” means an article that- (1) Is wholly the growth, product, or manufacture of a least developed country; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
“United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-made end product” means an article that is mined, produced, or manufactured in the United States or that is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.
“WTO GPA country end product” means an article that-
(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services, (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
(b) Delivery of end products. The Contracting Officer has determined that the WTO GPA and FTAs apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 142 of 212
243
Schedule. The Contractor shall deliver under this contract only U.S.-made or designated country end products except to the extent that, in its offer, it specified delivery of other end products in the provision entitled “Trade Agreements Certificate.”
End of clause
552.212-4 CONTRACT TERMS AND
CONDITIONS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION FAR 52.212-4) (JAN
2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR)
52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 143 of 212
244
invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds
Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) The due date for making invoice payments by the designated payment office is the later of the following two events:
(i) The 10th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor’s invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements.
(ii) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.-
(1) Items accepted. Payment shall be made for items accepted by the Government Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 144 of 212
245
that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 145 of 212
246
demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the
Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 146 of 212
247
contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements -Unenforceable Clauses provision.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:
(i) Any such language, provision, or clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 147 of 212
248
agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(w) Commercial supplier agreements unenforceable clauses.When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in 502.101), the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:
(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:
(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR 12).
(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity. (iii) Law and disputes. This agreement is governed by Federal law. (A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.
(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted. (C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.
(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d) (Disputes).c
(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 148 of 212
249
(vi) Updating terms.
(A) After award, the contractor may unilaterally revise commercial supplier agreement terms: if they are not material. A material change is defined as:
(1) Terms that change Government rights or obligations; (2) Terms that increase Government prices;
(3) Terms that decrease overall level of service; or
(4) Terms that limit any other Government right addressed elsewhere in this contract.
(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification. (C) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.
(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative. (viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.
(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:
(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.
(B) (B) This charge, if disputed by the ordering activity, will be resolved in accordance with subparagraph (d) (Disputes) through the Disputes clause at 552.212-4(d); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.
(C) (C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government. (x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.
(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 149 of 212
250
(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act.
Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.
(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevail to the extent of such inconsistency. (End of clause)
Note: Regulation 552.212-4
This clause applies to fixed price orders.
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,
SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY
KASPERSKY LAB COVERED ENTITIES (DEC 2023)
(a) Definitions. As used in this clause —
Kaspersky Lab covered article means any hardware, software, or service that — (1) Is developed or provided by a Kaspersky Lab covered entity; (2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.
Kaspersky Lab covered entity means —
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky” (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (4) Any entity of which Kaspersky Lab has a majority ownership. (b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from —
(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and
(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 150 of 212
251
(c) Reporting requirement.
(1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER
RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS (NOV 2023)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.
(End of clause)
52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY
ACT ORDERS—PROHIBITION (DEC 2023) (ALT I DEC 2023)
(a) Definitions. As used in this clause—
Covered article, as defined in 41 U.S.C. 4713(k), means— (1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 151 of 212
252
services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153); (3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following— (1) The Office of the Director of National Intelligence; (2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State; (10) The Office of Intelligence and Analysis of the Department of the Treasury; Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 152 of 212
253
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or (12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency— (1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or (2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
(b) Prohibition. (1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1). [ Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA orders:]
Yes DHS FASCSA Order
Yes DoD FASCSA Order
Yes DNI FASCSA Order
(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).
(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract. (4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR
4.2304(c)). However, see paragraph (c) of this clause.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 153 of 212
254
(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:
(A) Name of the product or service provided to the Government; (B) Name of the covered article or source subject to a FASCSA order; (C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror; (D) Brand;
(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(F) Item description;
(G) Reason why the applicable covered article or the product or service is being provided or used;
(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action. (c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.
(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance. (3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. (ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:
(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.
(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.
(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 154 of 212
255
is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:
(i) Within 3 business days from the date of such identification or notification:
(A) Contract number;
(B) Order number(s), if applicable;
(C) Name of the product or service provided to the Government or used during performance of the contract;
(D) Name of the covered article or source subject to a FASCSA order; (E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor; (F) Brand;
(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(H) Item description; and
(I) Any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:
(A) Any further available information about mitigation
actions undertaken or recommended.
(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered
article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any
additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.
(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.
(e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.
(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 155 of 212
256
Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts. 552.238-105 DELIVERIES BEYOND THE CONTRACTUAL PERIOD
- PLACING OF ORDERS (MAR 2024)
n accordance with the GSAR clause at 552.238-113, Authorities Supporting Use of Federal Supply Schedule Contracts, this contract covers all requirements that may be ordered, as distinguished from delivered during the contract term. This is for the purpose of providing continuity of supply or operations by permitting ordering activities to place orders as requirements arise in the normal course of operations. Accordingly, any order mailed (or received, if forwarded by other 7 means than through the mail) to the Contractor on or before the expiration date of the contract and providing for delivery within the number of days specified in the contract, shall constitute a valid order.
(End of clause)
552.238-112 DEFINITIONS- FEDERAL SUPPLY SCHEDULE
CONTRACTS (MAR 2024)
As used in this contract,
Eligible means an entity that meets the requirements prescribed by statute, regulation, or other authority for purposes of being able to use Federal Supply Schedule (FSS) contracts. Information about FSS eligibility is available at https://www.gsa.gov/eligibilitydeterminations.
Ordering activity (also called “ordering agency” and “ordering office”) means an entity that is eligible to place orders or establish blanket purchase agreements (BPA) under this contract. (End of clause)
552.238-113 AUTHORITIES SUPPORTING USE OF FEDERAL
SUPPLY SCHEDULE CONTRACTS (MAR 2024)
(a) Ordering activities are able to use Federal Supply Schedule (FSS) contracts based upon a number of statutes, regulations, and other authorities. Authorities allowing ordering activities use of FSS contracts include, but are not limited to:.
(1) 25 U.S.C. 1660g(e), which provides for the use by urban Indian organizations, as defined in 25 U.S.C. 1603, for the purposes of carrying out a contract or grant pursuant to 25 U.S.C. chapter 18, subchapter IV.
(2) 25 U.S.C. 2507, which provides for the use by tribally controlled schools, as defined in 25 U.S.C. 2511, for the purposes of carrying out a grant pursuant to 25 U.S.C. chapter 27 (known as the Tribally Controlled Schools Act).
(3) 25 U.S.C. 4111(j), which provides for the use by Indian Tribes, as defined in 25 U.S.C. 4103, and tribally designated housing entities, as defined in 25 U.S.C. 4103, for the purposes of carrying out a contract, grant, or cooperative agreement pursuant to 25 U.S.C. chapter 43 (known as the Native American Housing Assistance and Self Determination Act (NAHASDA)).
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 156 of 212
257
(4) 25 U.S.C. 5324(k), which provides for the use by Tribal organizations, as defined in 25 U.S.C 5304, for the purposes of carrying out a contract, grant, or cooperative agreement pursuant to 25 U.S.C. chapter 46 (known as the Indian Self-Determination and Education Assistance Act (ISDEAA)).
(5) 25 U.S.C. 5370 and 25 U.S.C. 5396, which provides for the use by Indian Tribes, as defined in 25 U.S.C. 5304, for the purpose of carrying out a compact or funding agreement pursuant to 25 U.S.C. chapter 46 (known as ISDEAA).
(6) 40 U.S.C. 113(d), which provides for the use by the Senate, the House of Representatives, and the Architect of the Capitol (including any building, activity, or function under the direction of the Architect of the Capitol).
(7) 40 U.S.C. 501, which provides for the use by executive agencies as defined in 5 U.S.C. 105. (8) 40 U.S.C. 502(a), which provides for the use by Federal agencies as defined in 40 U.S.C. 102, the District of Columbia, and mixed-ownership Government corporations as defined in 31 U.S.C. 9101.
(9) 40 U.S.C. 502(b), which provides for the use by qualified nonprofit agencies for other severely disabled, as defined in 41 U.S.C. 8501(6), and qualified nonprofit agencies for the blind, as defined in 41 U.S.C. 8501(7), for the purposes of making or providing to the Government a commodity or service that has been determined by the Committee for Purchase From People Who Are Blind or Severely Disabled under 41 U.S.C. 8503 to be suitable for procurement by the Government.
(10) 40 U.S.C. 502(c), which provides for the use by State or local governments, as defined in 40 U.S.C. 502(c)(3)(A), for the purpose of purchasing the types of supplies and services described in 40 U.S.C. 502(c). The types of supplies and services described in 40 U.S.C. 502(c) are limited to those available in the Information Technology Category and the Security and Protection Category (or any successor categories). The GSA program implementing this authority is the Cooperative Purchasing program.
(11) 40 U.S.C. 502(d), which provides for the use by State or local governments, as defined in 40 U.S.C. 502(c)(3)(A), for the purposes of facilitating disaster preparedness or response, facilitating recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.), or facilitating recovery from terrorism, nuclear, biological, chemical, or radiological attack. The GSA program implementing this authority is the Disaster Purchasing program.
(12) 40 U.S.C. 502(e), which provides for the use by the American National Red Cross and other qualified organizations, as defined in 40 U.S.C. 502(e)(3). Purchases under this authority by the American National Red Cross shall be used in furtherance of the purposes of the American National Red Cross set forth in 36 U.S.C. 300102. Purchases under this authority by other qualified organizations shall be used in furtherance of purposes determined to be appropriate to facilitate emergency preparedness and disaster relief and set forth in guidance by the Administrator of General Services, in consultation with the Administrator of the Federal Emergency Management Agency.
(13) 42 U.S.C. 247d, which provides for the use by State or local governments, as defined in 40 U.S.C.502(c)(3)(A), when a public health emergency has been declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act. The GSA program implementing this authority is the Public Health Emergencies program. (14) FAR subpart 51.1, which provides for the use by contractors, including subcontractors, when such use is authorized pursuant to FAR subpart 51.1.
(End of clause)
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 157 of 212
258
552.238-114 USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS
BY NON-FEDERAL ENTITIES (MAR 2024)
(a) Definition — Non-Federal entity, as used in this clause, means any State, local, territorial, or Tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education); and any other non-Federal organization ( e.g., a qualified nonprofit agency as defined in 40 U.S.C. 502(b)
(b) Responsibilities. Eligible non-Federal entities are responsible for complying with— (1) FSS ordering guidance. Information about GSA's FSS contracts, including ordering guidance is available at https://www.gsa.gov/schedules
(2) Any conditions of the underlying authority(ies) supporting the use of FSS contracts ( e.g., 40 U.S.C. 502(c) limits purchases to specific supplies and services available under FSS contracts). (c) Acceptance. (1) The Contractor is encouraged, but not obligated, to accept orders from eligible non-Federal entities under this contract. The Contractor may, within 5 business days of receipt of an order, reject an order from an eligible non-Federal entity for any reason. However, purchase card orders must be rejected within 24 hours of receipt of the order. Failure to reject an order within these timeframes shall constitute acceptance. (2) The Contractor is encouraged, but not obligated, to enter into blanket purchase agreements (BPAs) with eligible non-Federal entities under the terms of this contract. The Contractor should respond to any requests to enter into a BPA within 5 business days of receipt of the request. (d) Conditions of acceptance. If the Contractor accepts an order from or enters into a BPA with an eligible non-Federal entity under this contract, the following conditions apply:
(1) For orders, a separate contract is formed between the Contractor and the eligible non-Federal entity (herein “the parties”). For BPAs, a separate agreement is formed between the parties. (2) The resultant order or BPA shall incorporate by reference all the terms and conditions of this contract except for:
(i)FAR clause 52.233-1, Disputes, and
(ii)Paragraphs (d) Disputes, (h) Patent indemnity, and (r) Compliance with laws unique to Government contracts, of GSAR clause 552.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services. (3) The U.S. Government is not liable for the performance or nonperformance of any order or BPA entered into under this contract by the parties. Disputes which cannot be resolved by the parties may be litigated in any State or Federal court with jurisdiction over the parties, applying Federal procurement law, including statutes, regulations, and case law, and, if pertinent, the Uniform Commercial Code. To the extent authorized by law, the parties are encouraged to resolve disputes through alternative dispute resolution.
(4) Neither party will look to, primarily or in any secondary capacity, or file any claim against the U.S.
Government or any of its agencies with respect to any failure of performance by the other party. (e) Additional terms and conditions. Terms and conditions required by statute, ordinance, regulation, or as otherwise required by an eligible non-Federal entity may be made a part of an order or a BPA to the extent that these terms and conditions do not conflict with the terms and conditions of this contract. The Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 158 of 212
259
Contractor should review any such additional terms and conditions prior to accepting an order or entering into a BPA with an eligible non-Federal entity. (f) Payment. (1) The Contractor is responsible for obtaining all payments due to the Contractor from the eligible non-Federal entity under the terms and conditions of the order or the BPA entered into under this contract, without recourse to the U.S. Government or any of its agencies that awarded this contract or administer this contract.
(2) If an eligible non-Federal entity is subject to a State prompt payment law, the terms and conditions of the applicable State law apply to the orders placed under this contract by such entities. If an eligible non-Federal entity is not subject to a State prompt payment law, the terms and conditions of paragraph (i) of the GSAR clause at 552.212-4, apply to such entities in the same manner as to Federal entities. (g) Fee and sales reporting. The requirements of the GSAR clause at 552.238-80, Industrial Funding Fee and Sales Reporting, apply to any sales to eligible non-Federal entities under this contract. (End of clause)
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)
(a) Definition.
Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern— (1) (i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or (2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16) and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or (2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB)-Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
(b) Applicability. This clause applies only to—
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 159 of 212
260
(1) Contracts that have been set aside for, or awarded on a sole-source basis to, SDVOSB concerns eligible under the SDVOSB Program;
(2) Part or parts of a multiple-award contract that have been set aside for SDVOSB concerns eligible under the SDVOSB Program;
(3) Orders set aside for SDVOSB concerns eligible under the SDVOSB Program, under multiple-award contracts as described in 8.405–5 and 16.505(b)(2)(i)(F); and (4) Orders issued directly to SDVOSB concerns eligible under the SDVOSB Program, under multiple-award contracts as described in 19.504(c)(1)(ii). (c) General.
(1) Effective January 1, 2024, for SDVOSB set-aside or sole-source procurements, offers are solicited only from, and awards resulting from this solicitation will be made only to, concerns— (i) Designated in SAM as an SDVOSB concern certified by SBA; or (ii) That have represented their status as an SDVOSB in SAM and submitted a complete application for certification to SBA on or before December 31, 2023. (2) Offers received from concerns that do not meet the criteria of paragraph (c)(1)(i) or (ii) of this clause, shall not be considered.
(d) A joint venture may be considered an SDVOSB concern if the managing partner of the joint venture complies with the criteria defined in paragraph (a) of this clause and 13 CFR 128.402. (e) In a joint venture that complies with paragraph (d) of this clause, the SDVOSB party or parties to the joint venture shall perform at least 40 percent of the work performed by the joint venture. Work performed by the SDVOSB party or parties to the joint venture must be more than administrative functions. (End of clause)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW
INFORMATION (MAY 2024)
(a) Definitions. As used in this clause—
Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65. (b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109).
(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:
(1) The emergency planning reporting requirements of Section 302 of EPCRA. (2) The emergency notice requirements of Section 304 of EPCRA. (3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA. (4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 160 of 212
261
(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.
52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH
GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS
(MAY 2024)
(a) Definition. As used in this clause —
“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.
“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR Part 82 subpart G with supplemental tables of alternatives available at (https://www.epa.gov/snap/).
“Hydrofluorocarbons” means compounds that only contain hydrogen, fluorine, and carbon. “Ozone-depleting substance,” means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as —
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons. (b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:
Warning
Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere. * The Contractor shall insert the name of the substance(s). (c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at https://www.epa.gov/snap/.
52.223-20 AEROSOLS (MAY 2024)
(a) Definitions. As used in this clause —
Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.
High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 161 of 212
262
https://www.epa.gov/snap/.
Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon. (b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as — (1) In-use emission rates, energy efficiency;
(2) Safety, such as flammability or toxicity;
(3) Ability to meet technical performance requirements; and (4) Commercial availability at a reasonable cost.
(c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at https://www.epa.gov/snap/.
(Note: This is an FSS reproduction using word processing software) STANDARD FORM 1449 (10-95) (BACK)
52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)
(a) Definitions. As used in this clause—
Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2).
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42 U.S.C. 6903).
Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:
(1) Statutory purchasing programs.
(i) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) ( https://www.epa.gov/smm/
comprehensive-procurement-guideline-cpg-program#products). (ii) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) ( https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).
(iii) Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) ( https://www.biopreferred.gov). (iv) Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 162 of 212
263
42 U.S.C. 7671l) (40 CFR part 82, subpart G) ( https://www.epa.gov/snap). (2) Required EPA purchasing programs.
(i) WaterSense® labeled (water efficient) products and services ( https://www.epa.gov/ watersense/watersense-products).
(ii) Safer Choice-certified products (products that contain safer chemical ingredients) ( https://www.epa.gov/saferchoice/products).
(iii) Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 ( https://www.epa.gov/ greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing). (b) Requirements.
(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.
(2) The Contractor shall ensure that the sustainable products and services required by this contract are—
(i) Delivered to the Government;
(ii) Furnished for use by the Government;
(iii) Incorporated into the construction of a public building or public work; and (iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility. (3) (i) Except as provided in paragraph (b)(3)(ii) of this clause, sustainable products and services must meet the applicable standards, specifications, or other program requirements at time of quote or offer submission; and
(ii) Sustainable products and services must meet the EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023. (c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/ greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which purchasing programs apply to a specific product or service.
End of clause
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN
TEXT MESSAGING WHILE DRIVING (MAY 2024)
(a) Definitions. As used in this clause –
“Driving” –
(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 163 of 212
264
(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.
“Text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.
(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009.
(c) The Contractor should –
(1) Adopt and enforce policies that ban text messaging while driving – (i) Company-owned or -rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
(2) Conduct initiatives in a manner commensurate with the size of the business, such as – (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.
52.204-27 PROHIBTION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
(a) Definitions. As used in this clause -
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited. Information technology, as defined in 40 U.S.C. 11101(6) – (1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use -
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 164 of 212
265
services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph
(d), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
552.238-80 INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2020) ALTERNATE I (MAY 2024) (DEVIATION)
(a) Definition. Transactional data, as used in this clause, encompasses the historical details of the products or services delivered by the Contractor during the performance of task or delivery orders issued against this contract.
(b) Reporting of transactional data. The Contractor must report all transactional data under this contract as follows:
(1) The Contractor must electronically report transactional data by utilizing the reporting system at an internet website designated by the General Services Administration (GSA) or by uploading the data according to GSA instructions. GSA will post registration instructions and reporting procedures on the Vendor Support Center website at https://vsc.gsa.gov. The reporting system website address, as well as registration instructions and reporting procedures, will be provided at the time of award or inclusion of this clause in the contract. (2) The Contractor must provide, at no additional cost to the Government, the following transactional data elements, as applicable:
(i) Contract or Blanket Purchase Agreement (BPA) Number. (ii) Delivery/Task Order Number/Procurement Instrument Identifier (PIID). (iii) Non Federal Entity.
(iv) Description of Deliverable.
(v) Manufacturer Name.
(vi) Manufacturer Part Number.
(vii) Unit Measure.
(viii) Quantity of Item Sold.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 165 of 212
266
(ix) Universal Product Code.
(x) Price Paid per Unit.
(xi) Total Price.
(xii) Special Item Number (SIN).
(xiii) Agency Name (for OS4 SINs only).
(xiv) Tier 3 Agency Name (for OS4 SINs only).
(3) The Contractor may provide, at no additional cost to the Government, the following transactional data elements, as applicable:
(i) Order Date.
(ii) Ship Date.
(iii) Zip Code Shipped To.
(iv) Federal Customer - Treasury Agency Code.
(4) Based on the reporting points listed in paragraph (b)(8) of this clause, the Contractor must report transactional data within 30 calendar days from the last calendar day of the month. If there was no contract activity during the month, the Contractor must submit a confirmation of no reportable transactional data within 30 calendar days of the last calendar day of the month. (5) The Contractor must report transactional data elements with an associated monetary value (e.g., price paid per unit and total price)] in U.S. dollars. (6) The reported price paid per unit and total price must include the Industrial Funding Fee (IFF). (7) The Contractor must maintain a consistent accounting method of transactional data reporting, based on the Contractor's established commercial accounting practice. (8) Reporting Points. (i) The acceptable points at which transactional data may be reported include—
(A) Issuance of an invoice; or
(B) Receipt of payment.
(ii) The Contractor must determine whether to report transactional data on the basis of invoices issued or payments received.
(9) The Contractor must furnish transactional data reports, including confirmation of no transactional data, through physical completion of the last outstanding task or delivery order of the contract.
(10) Unless otherwise expressly stated by the ordering activity, orders that contain classified Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 166 of 212
267
information or other information that would compromise national security are exempt from this reporting requirement.
(11) This clause does not exempt the Contractor from fulfilling reporting requirements contained elsewhere in the contract.
(12) GSA reserves the unilateral right to change reporting instructions and reporting procedures following 60 calendar days advance notification to the Contractor. (c) Industrial Funding Fee.
(1) This contract includes an IFF charged on orders placed against this contract. The IFF is paid by the authorized ordering activity but remitted to GSA by the Contractor. The IFF reimburses GSA for the costs of operating the Federal Supply Schedule program, as set forth in 40 U.S.C. 321. Net operating revenues generated by the IFF are also applied to fund initiatives benefiting other authorized GSA programs, in accordance with 40 U.S.C. 321. (2) GSA has the unilateral right to change the IFF amount at any time, but not more than once per year; GSA will provide reasonable notice prior to the effective date of any change. GSA will post notice of the current IFF on the Vendor Support Center website at https://vsc.gsa.gov. (3) Offerors must include the IFF in their prices. The IFF is included in the awarded price(s) and reflected in the total amount charged to ordering activities. The IFF will not be included in the price of non-contract items purchased pursuant to a separate contracting authority, such as a Governmentwide Acquisition Contract (GWAC); a separately awarded Federal Acquisition Regulation (FAR) part 12, 13, 14, or 15 procurement; or a non-FAR contract. (4) The Contractor must remit the IFF to GSA in U.S. dollars within 30 calendar days after the last calendar day of the reporting quarter; final payment must be remitted within 30 calendar days after physical completion of the last outstanding task order or delivery order issued against the contract.
(5) GSA reserves the unilateral right to change remittance instructions following 60 calendar days advance notification to the Contractor.
(d) Non-compliance. The Contractor's failure to remit the full amount of the IFF within 30 calendar days after the end of the
applicable reporting period constitutes a contract debt to the United States Government under the terms of FAR subpart
32.6. The Government may exercise all rights under the Debt Collection Improvement Act of 1996, including withholding
or offsetting payments and interest on the debt (see FAR clause 52.232-17, Interest). If the Contractor fails to submit the
required transactional data reports, falsifies them, or fails to timely pay the IFF, these reasons constitute sufficient cause for
the Government to terminate the contract for cause.
Note: Regulation 552.238-80
Subpart - paragraph (b)(3) TDR data elements -
Order date - this field is optional for products only
Ship date - this field is optional for products only
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 167 of 212
268
Zip Code shipped to - this field is optional for products only Federal Customer -Treasury Agency Code - optional for both products and services FSS contractors are required to report sales and remit IFF for Schedule items sold via FedMall, just as they would for any other Schedule sale. FedMall sales of Schedule items are treated no differently than sales earned via GSA Advantage! or from orders directly placed by an ordering activity.
This clause applies to contracts participating in the Transactional Data Reporting (TDR) Pilot.
(Note: This is an FSS reproduction using word processing software) STANDARD FORM 1449 (10-95) (BACK)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)
(a) Definitions. As used in this provision —
“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
“Registered in the System for Award Management (SAM)” means that — (1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart
4.14) into SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record “Active”.
“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) (1) An Offeror is required to be registered in SAM when submitting an offer or quotation and at time of award (see FAR clause 52.204-13, System for Award Management Maintenance, for the requirement to maintain SAM registration during performance and through final payment). (2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 168 of 212
269
www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized. (3) Company Physical Street Address, City, State, and Zip Code. (4) Company Mailing Address, City, State and Zip Code (if separate from physical). (5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting relationship within your entity). (d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration. 552.238-88 GSA ADVANTAGE!®. (JULY 2024)
(a) The Contractor shall participate in the GSA Advantage!® online shopping service. Information and instructions regarding Contractor participation are contained in clause 552.238-103, Electronic Commerce.
(b) The Contractor shall refer to contract clauses 552.238-77, Submission and Distribution of Authorized FSS Price Lists (which provides for submission of price lists on a common-use electronic medium), and 552.238-82, Modifications (which addresses electronic file updates). (c) Single-use plastic (SUP) free packaging icon. Contractors are encouraged to utilize the GSA Advantage!® single-use plastic (SUP) free packaging icon when applicable (see 552.238-118). The offeror may include in their price list if the contractor is providing SUP free packaging (either for shipping or as part of the product packaging) at either a price premium or discount (see 552.238-119). (End of clause)
552.219-18 NOTIFICATION OF COMPETITION LIMITED TO
ELIGIBLE 8(a) PARTICIPANTS (MAY 2024) (DEVIATION FAR
52.219-18)
(a) Offers are solicited only from:
(1) Small business concerns expressly certified by the Small Business Administration (SBA) for
participation in SBA's 8(a) Program and which meet the following criteria at the time of submission of offer—
(i) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 169 of 212
270
(ii) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.; (2) A joint venture, in which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause, that complies with 13 CFR 124.513(c); or
(3) A joint venture—
(i) That is comprised of a mentor and an 8(a) protégé with an approved mentor-protégé agreement under the 8(a) program; (ii) In which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause; and
(iii) That complies with 13 CFR 124.513(c).
(b) By submission of its offer, the Offeror represents that it meets the applicable criteria set forth in
paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the
successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.
A
Contracting Officer may consider a joint venture for contract award. SBA does not approve joint
ventures for competitive awards, but see 13 CFR 124.501(g) for SBA's determination of participant
eligibility.
(d) The Contractor will notify the Contracting Officer in writing immediately upon entering any
agreement (either oral or written) to transfer all or part of its stock. (End of clause)
552.212-4 CONTRACT TERMS AND
CONDITIONS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (ALTERNATE I NOV 2021)
(DEVIATION FAR 52.212-4) (JAN 2023)
(a) Inspection/Acceptance.
(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance.
The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work. (2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.
(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 170 of 212
271
failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]
(5) (i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-
(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or
(B) Terminate this contract for cause.
(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract. (6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-
(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or
(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.
(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.
(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 171 of 212
272
claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR)
52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions.
(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
As used in this clause-
(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-
(A) Performed by the contractor;
(B) Performed by the subcontractors; or
(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
(iii) "Materials" means-
(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); (D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and
(E) Indirect costs specifically provided for in this clause. (iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must includeContract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 172 of 212
273
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds
Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) The due date for making invoice payments by the designated payment office is the later of the following two events:
(i) The 10th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor’s invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements.
(ii) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.-
(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:
(i) Hourly rate.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 173 of 212
274
(A) The amounts shall be computed by multiplying the
appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.
(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract.
Labor hours incurred to perform tasks for which labor
qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.
(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative. (D) When requested by the Contracting Officer or the authorized representative, the
Contractor shall substantiate invoices (including any
subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the
qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.
(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in
advance, overtime rates shall be negotiated.
(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this
contract.
(3) If the Schedule provides rates for overtime, the
premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.
(ii) Materials.
(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the-(1) Quantities being acquired; and(2) Any modifications necessary because of contract requirements.
(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice. (C) To the extent able, the Contractor shall-(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and(2) Give credit to the Government for cash and Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 174 of 212
275
trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.
(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:[Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided.
If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’."](2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:[Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’)."]
(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.
(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price. (4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 175 of 212
276
(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;
(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-
(A) The original timecards (paper-based or electronic); (B) The Contractor’s timekeeping procedures;
(C) Contractor records that show the distribution of labor between jobs or contracts; and
(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.
(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-
(A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices. (5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and (D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 ifContract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 176 of 212
277
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion. (7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.
(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor. (ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 177 of 212
278
the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier. (iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents. (8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.
Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 178 of 212
279
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements -Unenforceable Clauses provision.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:
(i) Any such language, provision, or clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such language, provision, or clause is deemed to be stricken Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 179 of 212
280
from the commercial supplier agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(w) Commercial supplier agreements unenforceable clauses.When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in 502.101), the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:
(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:
(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR 12).
(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity. (iii) Law and disputes. This agreement is governed by Federal law. (A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.
(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted. (C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.
(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d) (Disputes).c
(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).
(vi) Updating terms.
(A) After award, the contractor may unilaterally revise commercial supplier agreement terms: if they are not material. A material change is defined as:
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 180 of 212
281
(1) Terms that change Government rights or obligations; (2) Terms that increase Government prices;
(3) Terms that decrease overall level of service; or
(4) Terms that limit any other Government right addressed elsewhere in this contract.
(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification. (C) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.
(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative. (viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.
(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:
(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.
(B) (B) This charge, if disputed by the ordering activity, will be resolved in accordance with subparagraph (d) (Disputes) through the Disputes clause at 552.212-4(d); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.
(C) (C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government. (x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.
(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause.
(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 181 of 212
282
Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.
(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevail to the extent of such inconsistency. (End of clause)
Note: Regulation 552.212-4
This clause applies to Time-and-Materials or Labor Hour orders. (Note: This is an FSS reproduction using word processing software) STANDARD FORM 1449 (10-95) (BACK) 552.238-119 SINGLE-USE PLASTIC (SUP) FREE
PACKAGING AVAILABILITY (JUL 2024)
(a) Definitions. As used in this clause—
Single-use plastic (SUP) packaging means any plastic used for the containment, protection, handling, delivery, or presentation of goods by a producer for a consumer with the intent of being used once and then discarded, recycled or disposed of immediately after its contents have been used or unpackaged, and typically not refilled or otherwise reused by the producer. Packaging includes, but is not limited to brand packaging, grouped packaging, shipping packaging, ancillary packaging, and redundant packaging.
Single-use plastic (SUP) free packaging means product or shipping containment materials free of single-use plastic. Other attributes of single-use plastic free packaging may include the following:
use of minimal materials, will be reused multiple times, or produces less emissions compared to traditional manufacturing or distribution. These additional attributes alone do not qualify as SUP free. Examples may include, but are not limited, to corrugated cardboard, paper products, and paper backed tape.
(b) General. The Contractor, in connection with this contract, is encouraged to— (1) Evaluate their products for redundant or unnecessary packaging that can be eliminated without affecting quality.
(2) Package all products for shipment according to the Government's instructions or, if there are no instructions, in a manner sufficient to ensure that the products are delivered in undamaged condition with as little plastic waste material as possible. (3) Limit the use of plastic packaging materials that have a high likelihood of not being reused or recycled, as appropriate ( e.g., plastic casing or wrapping). (4) Adopt SUP free packaging to the maximum extent practicable, as appropriate. (c) Procedures.
(1) Price premiums and discounts. For any single-use plastic (SUP) free packaging identified per 552.238-118, Single-use Plastic (SUP) Free Packaging Identification, the Contractor may include in the submitted price list (see the Schedule, also referred to as MAS, solicitation instructions for Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 182 of 212
283
submitting price list SUP free packaging). The submitted FSS contract price list may include a separate means of displaying information regarding product packaging. If the Contractor is providing SUP free packaging at either a price premium or discount, this should be clearly identified in the submitted price list.
(2) Submission requirements. As additional SUP free packaging becomes available, the Contractor is encouraged to notify GSA of these changes, and is responsible for keeping all electronic catalog data current
(3) Identification of SUP free packaging. For easy identification of SUP free packaging, once available, GSA will use a SUP free packaging icon in GSA Advantage!®. (i) Offerors who provide SUP free packaging and want to benefit from the GSA Advantage!® SUP free packaging icon must provide the information required in 552.238-118, Single-use Plastic (SUP) Free Packaging Identification.
(ii) The Contractor is encouraged to place the GSA logo and GSA Advantage!® SUP free packaging icon on their website and FSS price list for applicable supplies, see https://www.gsa.gov/logos. If the Contractor elects to use the GSA logo or icon, the website must clearly distinguish between those items awarded on the GSA contract and any other items offered by the Contractor on an open market basis.
(d) Reliability. Accuracy of information and computation of prices for this clause is the responsibility of the Contractor. In addition to the other remedies available in the contract, the remedies may include, but are not limited to, the following:
(1) SUP free packaging is provided at a higher rate but different packaging is received, the Government may pursue corrective action.
(2) If SUP free packaging is utilized, but the product received is damaged, the Contractor shall replace the item, refund the item, or the Government may pursue corrective action. (3) Inclusion of incorrect information in the price list regarding SUP free packaging may cause the Contractor to correct and resubmit the price list.
(4) Failure to correct applicable information for this clause, may constitute sufficient cause for termination, pursuant to FAR 52.212-4, Contract Terms and Condition-Commercial Products and Commercial Services, or remedies as provided by law.
(End of clause)
(Note: This is an FSS reproduction using word processing software) STANDARD FORM 1449 (10-95) (BACK)
52.240-1 PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS
MANUFACTURED OR ASSEMBLED BY AMERICAN SECURITY DRONE
ACT-COVERED FOREIGN ENTITIES (NOV 2024)
(a) Definitions. As used in this clause—
American Security Drone Act-covered foreign entity means an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act-covered foreign entity.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 183 of 212
284
Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).
Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).
(b) Prohibition. The Contractor is prohibited from—
(1) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.);
(2) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.); and
(3) On or after December 22, 2025, using Federal funds for the procurement or operation of a FASC prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(c) Procedures. The Contractor shall search SAM at https://www.sam.gov for the FASC-maintained list of American Security Drone Act-covered foreign entities prior to proposing, or using in performance of the contract, any unmanned aircraft system. Additionally, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.
(d) Exemptions, exceptions, and waivers. The prohibitions in this clause do not apply where the agency has determined an exemption, exception, or waiver applies and the contract indicates that such a determination has been made. [See sections 1823 through 1825 and 1832 of Public Law 118-31 (41 U.S.C. 3901 note prec.) for statutory requirements pertaining to exemptions, exceptions, and waivers.].
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (MAY 2024) (DEVIATION FEB 2025)
(a) Definitions. As used in this clauseBiobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock.
The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 4270.2) USDA-designated product category means a generic grouping of products that are or can be made with biobased materialsContract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 184 of 212
285
(1) That are listed by USDA in a procurement guideline available at https://www.biopreferred.gov/resources/categories.html; and (2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov or 7 CFR part 4270).
(b) The Contractor shall report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(c) Submit this report no later than-
(1) October 31 of each year during contract performance; and (2) At the end of contract performance.
52.223-10 WASTE REDUCTION PROGRAM (MAY 2024) (DEVIATION FEB 2025)
(a) Definitions. As used in this clauseRecycling means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion.
Waste prevention means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials. Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.
(b) The Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part 247). (Note: This is an FSS reproduction using word processing software) STANDARD FORM 1449 (10-95) (BACK)
52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024) (DEVIATION FEB 2025) (a) Definitions. As used in this clauseBiobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR part 4270.2).
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42 U.S.C. 6903).
Sustainable products and services means
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 185 of 212
286
(1) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurementguideline-cpg-program#products) (2) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-energyefficient-products and https://www.energystar.gov/products?s=mega)
(3) Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 4270) (https://www.biopreferred.gov) (4) Acceptable chemicals, products, and manufacturing processes listed under EPA’s Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap).
(b) Requirements.
(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract (2) The Contractor shall ensure that the sustainable products and services required by this contract are— (i) Delivered to the Government;
(ii) Furnished for use by the Government;
(iii) Incorporated into the construction of a public building or public work; and (iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor’s general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.
(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which statutory purchasing programs apply to a specific product or service.
End of clause
52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, PROPOSED FOR DEBARMENT, OR
VOLUNTARILY EXCLUDED (JAN 2025)
(a) Definition. “Commercially available off-the-shelf (COTS)” item, as used in this clause- (1) Means any item of supply (including construction material) that is- (i) A commercial product (as defined in paragraph (1) of the definition of “commercial product in Federal Acquisition Regulation (FAR) 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 186 of 212
287
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government’s interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded, by the Federal Government. (d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions).
The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor’s knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government’s interests when dealing with such subcontractor in view of the specific basis for the party’s debarment, suspension, proposed debarment, or voluntary exclusion. (e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that– (1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and (2) Is not a subcontract for commercially available off-the-shelf items.
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN
2025)
(a) Definitions. As used in this contract —
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) and SAM. “Service-disabled veteran-owned small business (SDVOSB) concern” means a small business concern—
(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 187 of 212
288
percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or (2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that-
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program. “Veteran-owned small business concern” means a small business concern — (1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned small business concern” means a small business concern — (1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(b) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 188 of 212
289
(c) (1) A joint venture qualifies as a small business concern if— (i) Each party to the joint venture qualifies as small under the size standard for the solicitation; or (ii) The protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under a SBA mentor-protégé program. (See 13 CFR 125.9(d).) (2) A joint venture qualifies as a HUBZone small business concern if it complies with the requirements in 13 CFR 126.616(a) through (c).
(d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (e) (1) Unless the Contractor has reason to question the representation, it may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract. (2) Unless the Contractor has reason to question the representation, it may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if—
(i) The subcontractor is registered in SAM; and
(ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.
(3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.
(4) In accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.
(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing SAM or by accessing DSBS at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm. If the subcontractor is a joint venture, the Contractor shall confirm that at least one party to the joint venture is certified by SBA as a HUBZone small business concern. The Contractor may confirm the representation by accessing SAM.
(End of clause)
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2025)
(ALT II NOV 2016)
(a) This clause does not apply to small business concerns. (b) Definitions. As used in this clause—
Alaska Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended ( 43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 189 of 212
290
requirements of 43 U.S.C. 1626(e)(2).
Commercial plan means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial products and commercial services sold by either the entire company or a portion thereof (e.g., division, plant, or product line).
Commercial product means a product that satisfies the definition of “commercial product” in Federal Acquisition Regulation (FAR) 2.101.
Commercial service means a service that satisfies the definition of “commercial service” in FAR 2.101.
Electronic Subcontracting Reporting System (eSRS) means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov
Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e) Individual subcontracting plan means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.
Master subcontracting plan means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.
Reduced payment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.
Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.
Total contract dollars means the final anticipated dollar value, including the dollar value of all options.
Untimely payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.
(c)
(1) Proposals submitted in response to this solicitation shall include a subcontracting plan that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 190 of 212
291
with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract.
The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate a subcontracting plan shall make the Offeror ineligible for award of a contract.
(2)
(i) Unless the Contractor has reason to question the representations, it may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract. (ii) Unless the Contractor has reason to question the
representations, it may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business,
service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if— (A) The subcontractor is registered in SAM; and
(B) The subcontractor represents that the size and
socioeconomic status representations made in SAM are
current, accurate and complete as of the date of the offer for the subcontract.
(iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.
(iv) In accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.
(d) The Offeror’s subcontracting plan shall include the following:
(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 15 U.S.C. 657r(a), an Offeror that is a mentor with an SBA-approved mentor-protégé agreement (see 13 CFR 125.9) that provides a subcontract to its protégé may apply the costs incurred for training it provides to its protégé toward its subcontracting plan goals, provided that protégé is a covered territory business or that protégé has its principal office located in the Commonwealth of Puerto Rico. In accordance with 43 U.S.C. 1626— Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 191 of 212
292
(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe; and (ii) Where one or more subcontractors are in the subcontract tier between the prime Contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate Contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.
(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.
(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract. (C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award. (D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor (2) A statement of–
(i) Total dollars planned to be subcontracted for an individual subcontracting plan; or the Offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts, including all indirect costs except as described in paragraph (g) of this clause, to support the sales for a commercial plan;
(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);
(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;
(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;
(v) Total dollars planned to be subcontracted to HUBZone small business concerns;
(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and
(vii) Total dollars planned to be subcontracted to women-owned small business concerns.
(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting toContract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 192 of 212
293
(i) Small business concerns;
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns; and
(vi) Women-owned small business concerns.
(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.
(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, SAM, veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list.
Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with–
(i) Small business concerns (including ANC and Indian tribes); (ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns (including ANC and Indian tribes); and (vi) Women-owned small business concerns.
(7) The name of the individual employed by the Offeror who will administer the Offeror's subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the Offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the Offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns, including entities that are treated as small business concerns by statute for certain purposes ( e.g., ANCs, see 13 CFR 125.3(b)(2))) that receive subcontracts in excess of the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, with further subcontracting possibilities to adopt a subcontracting plan that complies with the Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 193 of 212
294
requirements of this clause.
(10) Assurances that the Offeror will–
(i) Cooperate in any studies or surveys as may be required; (ii) Submit periodic reports so that the Government can determine the extent of compliance by the Contractor with the subcontracting plan; (iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts with individual subcontracting plans where the contract is intended for use by multiple agencies;
(iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions.
Reporting shall be in accordance with this clause, or as provided in agency regulations;
(v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;
(vi) Provide its prime contract number, its unique entity identifier, and the e-mail address of the Offeror’s official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and
(vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans. (11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):
(i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.
(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 194 of 212
295
veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, indicating-
(A) Whether small business concerns were solicited and, if not, why not; (B) Whether veteran-owned small business concerns were solicited and, if not, why not;
(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;
(D) Whether HUBZone small business concerns were solicited and, if not, why not;
(E) Whether small disadvantaged business concerns were solicited and, if not, why not;
(F) Whether women-owned small business concerns were solicited and, if not, why not; and
(G) If applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact-
(A) Trade associations;
(B) Business development organizations;
(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, service-disabled veteran-owned, and women-owned small business sources; and
(D) Veterans service organizations.
(v) Records of internal guidance and encouragement provided to buyers through- (A) Workshops, seminars, training, etc.; and
(B) Monitoring performance to evaluate compliance with the program’s requirements.
(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement. (12) Assurances that the Offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal.
Responding to a request for a quote does not constitute use in preparing a bid or proposal.
The Offeror used a small business concern in preparing the bid or proposal if– Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 195 of 212
296
(i) The Offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the subcontract; or (ii) The Offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the Offeror is awarded the contract.
(13) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.
(14) Assurances that the Contractor will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to payment to or utilization of a subcontractor.
(15) Assurances that the Contractor will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242-5). (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:
(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all "make-or-buy" decisions.
(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms.
(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing SAM or by accessing the Dynamic Small Business Search (DSBS) at https://web.sba.gov/pro-net/search/ dsp_dsbs.cfm
(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 196 of 212
297
(6) For all competitive subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, prior to award of the subcontract the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror and if the successful subcontract offeror is a small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concern. (7) Assign each subcontract the NAICS code and corresponding size standard that best describes the principal purpose of the subcontract.
(f) A master subcontracting plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the Offeror by this clause; provided- (1) The master subcontracting plan has been approved;
(2) The Offeror ensures that the master subcontracting plan is updated as necessary and provides copies of the approved master subcontracting plan, including evidence of its approval, to the Contracting Officer; and
(3) Goals and any deviations from the master subcontracting plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan.
(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial products and commercial services. The commercial plan shall relate to the offeror’s planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor’s commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial product or commercial service. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. A Contractor authorized to use a commercial subcontracting plan shall include in its subcontracting goals and in its SSR all indirect costs, with the exception of those such as the following: Employee salaries and benefits; payments for petty cash; depreciation; interest; income taxes; property taxes; lease payments; bank fees; fines, claims, and dues; original equipment manufacturer relationships during warranty periods (negotiated up front with the product); utilities and other services purchased from a municipality or an entity solely authorized by the municipality to provide those services in a particular geographical region; and philanthropic contributions. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government’s fiscal year.
(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.
(i) A contract may have no more than one subcontracting plan. When a contract modification exceeds the subcontracting plan threshold in FAR 19.702(a), or an option is exercised, the goals of the existing subcontracting plan shall be amended to reflect any new subcontracting opportunities. When the goals in a subcontracting plan are amended, these goal changes do not apply retroactively.
(j) Subcontracting plans are not required from subcontractors when the prime contract Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 197 of 212
298
contains the clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services, or when the subcontractor provides a commercial product or commercial service subject to the clause at FAR 52.244-6, Subcontracts for Commercial Products and Commercial Services, under a prime contract.
(k) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled "Utilization Of Small Business Concerns;" or (2) an approved plan required by this clause, shall be a material breach of the contract and may be considered in any past performance evaluation of the Contractor.
(l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the Contractor or subcontractor are not included in these reports. Subcontract awards by affiliates shall be treated as subcontract awards by the Contractor. Subcontract award data reported by the Contractor and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe. Only subcontracts involving performance in the United States or its outlying areas should be included in these reports with the exception of subcontracts under a contract awarded by the State Department or any other agency that has statutory or regulatory authority to require subcontracting plans for subcontracts performed outside the United States and its outlying areas.
(1) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontracting plan.
(i) The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. When the Contracting Officer rejects an ISR, the Contractor shall submit a corrected report within 30 days of receiving the notice of ISR rejection.
(ii)
(A) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by
FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option. (B If a subcontracting plan has been added to the
contract pursuant to 19.702 a)(1)(iii) or 19.301-2(e), the Contractor's achievements must be reported in the ISR on a cumulative basis from the date of incorporation of the
subcontracting plan into the contract.
(iii) When a subcontracting plan includes indirect costs in the goals, these costs must be included in this report.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 198 of 212
299
(iv) The authority to acknowledge receipt or reject the ISR resides– (A) In the case of the prime Contractor, with the Contracting Officer; and (B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract.
(2) SSR.
(i) Reports submitted under individual contract plans–
(A) This report encompasses all subcontracting under
prime contracts and subcontracts with an executive agency, regardless of the dollar value of the subcontracts. This report also includes indirect costs on a prorated basis when
the indirect costs are excluded from the subcontracting goals.
(B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency. (C) If the Contractor or a subcontractor is performing
work for more than one executive agency, a separate
report shall be submitted to each executive agency covering only that agency's contracts, provided at least one of that agency's contracts is over the applicable threshold specified in FAR 19.702(a), and the contractand contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies
and/or subcontracts awarded by DoD prime contractors.
(D) The report shall be submitted annually by October 30 for the twelve month period ending September 30. When
a Contracting Officer rejects an SSR, the
Contractor shall submit a revised report within 30 days of receiving the notice of SSR rejection.
(E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated. (F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with
subcontracting plans, resides with the Government agency awarding the prime contracts unless stated otherwise in the contract.
(ii) Reports submitted under a commercial plan-
(A) The report shall include all subcontract awards under the commercial plan in effect during the Government's fiscal year and all indirect costs. (B) The report shall be submitted annually, within thirty days after the end of the Government's fiscal year.
(C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 199 of 212
300
(D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan. (End of clause)
52.219-28 POSTAWARD SMALL BUSINESS PROGRAM
REPRESENTATION (JAN 2025)
(a) Definitions. As used in this clauseLong-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-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. (b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon 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) If the Contractor represented its status as any of the small business concerns identified at
19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4) (1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 200 of 212
301
a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);
(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);
(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and (4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and
19.301-2(b)(2)).
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards. (e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(1) Was set aside for small business and has a value above the simplified acquisition threshold; (2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications 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 officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update. (g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it # is, # is not a small business concern under NAICS Code _____ assigned to contract number _____.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it # is, # is not, a small disadvantaged Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 201 of 212
302
business concern as defined in 13 CFR 124.1001.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it # is, # is not a women-owned small business concern.
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it # is, # is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it # is, # is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it # is, # is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it # is, # is not a service-disabled veteran-owned small business concern.
(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it # is, # is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture:__.]
(9) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that— (i) It # is, # is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It # is, # is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. [Contractor to sign and date and insert authorized signer's name and title.] End of clause
52.222-19 CHILD LABOR-COOPERATION WITH
AUTHORITIES AND REMEDIES (JAN 2025)
(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in-
(1) Israel, and the anticipated value of the acquisition is $50,000 or more; Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 202 of 212
303
(2) Mexico, and the anticipated value of the acquisition is $102,280 or more; or (3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway,, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $174,000 or more. (b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.
(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:
(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.
(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury. (3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.
(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.) (d) Remedies.
(1) The Contracting Officer may terminate the contract. (2) The suspending and debarring official may suspend the Contractor in accordance with procedures in FAR subpart 9.4.
(3) The suspending and debarring may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR subpart 9.4.
End of clause
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN
2025)
(a) Definitions. As used in this clause –
Commercially available off-the-shelf (COTS) item –
(1) Means any item of supply that is –
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 203 of 212
304
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.
Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee –
(1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the contract.
Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.
United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands. (b) Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall –
(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of – (i) All new employees.
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 204 of 212
305
(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or
(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of – (i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspending and debarring official.
(ii) During the period between termination of the MOU and a decision by the suspending and debarring official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the Contractor is not suspended, debarred, or subject to a voluntary exclusion, then the Contractor must reenroll in E-Verify.
(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: https://www.e-verify.gov. (d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee – (1) Whose employment eligibility was previously verified by the Contractor through the E-Verify Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 205 of 212
306
program;
(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or
(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. (e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that – (1) Is for –
(i) Services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction;
(2) Has a value of more than $3,500; and
(3) Includes work performed in the United States.
End of clause
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders -Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) (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.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 206 of 212
307
(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
N/A (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).
X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
(6) Reserved
N/A (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
N/A (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)
N/A (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).
X (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, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).
X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
(14) [Reserved].
X (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
N/A (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
(18)
X (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
N/A (ii) Alternate I (Mar 2020) of 52.219-6.
(19)
N/A (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
N/A (ii) Alternate I (Mar 2020) of 52.219-7.
X (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)(15 U.S.C. 637(d)(2) and (3)).
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 207 of 212
308
(21)
N/A (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).
N/A (ii) Alternate I (Nov 2016) of 52.219-9.
X (iii) Alternate II (Nov 2016) of 52.219-9.
N/A (iv) Alternate III (Jun 2020) of 52.219-9.
N/A (v) Alternate IV (Jan 2025) of 52.219-9.
(22)
X (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
N/A (ii) Alternate I (Mar 2020) of 52.219-13.
X (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
X (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
X (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). (26)
X (i) 52.219-28, Post award Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).
N/A(ii) Alternate I (Mar 2020) of 52.219-28.
X (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)).
X (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)).
N/A(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
X(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 (Jan 2025)(E.O. 13126). (33) Reserved
N/A (34) Reserved
(35)
X (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
N/A (ii) Alternate I (Jul 2014) of 52.222-35.
(36)
X(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
N/A(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).
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 208 of 212
309
(39)
X(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
N/A(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
X(40) 52.222-54, Employment Eligibility Verification (Jan 2025) (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)
X(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.)
N/A(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.)
Required as applicable(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).
Required as applicable(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).
Required as applicable(44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
Required as applicable(45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).
X(46) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB 2025) (E.O. 140577 U.S.C. 8102, 42U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l). (47)
X(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
N/A(ii) Alternate I (Jan 2017) of 52.224-3.
(48)
Required as applicable(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
N/A(ii) Alternate I (Oct 2022) of 52.225-1.
(49)
N/A(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.
N/A(ii) Alternate I [Reserved].
N/A (iii) Alternate II (Jan 2025) of 52.225-3.
N/A(iv) Alternate III (Feb 2024) of 52.225-3.
N/A(v) Alternate IV (Oct 2022) of 52.225-3.
X(50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X(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).
N/A(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).
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 209 of 212
310
N/A(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
N/A(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).
N/A(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
N/A(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).
N/A(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).
N/A(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
X(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
X(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
X(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)
X (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).
N/A (ii) Alternate I (Apr 2003) of 52.247-64.
N/A (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).
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) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
N/A(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).
X(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).
X(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
X(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 210 of 212
311
Required as applicable (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
Required as applicable(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
N/A(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).
(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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712). (iii) 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)). (iv) 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). (v) 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). (vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR
19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) Reserved
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 211 of 212
312
(x) Reserved
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). (xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). (xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xvii) 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).
(xviii) 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). (xix) 52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989). (xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of
52.232-40.
(xxvi) 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.).
(xxvii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 26 Contract Number:
47QSMS24D00C6
Page: 212 of 212
313
WATER TREATMENT SOLUTIONS – INDUSTRIAL PUMP SYSTEMS
General Services Administration
Federal Acquisition Service
Multiple Award Schedule
Authorized Federal Supply Schedule FSS Price List
On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu-driven database system. The INTERNET address GSA Advantage!® is: GSAAdvantage.gov.
Contract No. 47QSMS24D00C6
Contract Period: 09/23/2024 – 09/22/2029
Federal Supply Group: Industrial Products & Services
Contractor:
Business Size:
Telephone:
FAX Number:
Web Site:
Contract Administrator:
XYLEM DEWATERING SOLUTIONS, INC
84 Floodgate Road
Bridgeport NJ 08014
Large
412-670-3247
856-241-3375
www.xylem.com
Michael Ivory: [email protected],
For more information on ordering, go to the following website: https://www.gsa.gov/schedules.
Prices Shown Herein are Net (discount deducted).
314
WATER TREATMENT SOLUTIONS – INDUSTRIAL PUMP SYSTEMS
CUSTOMER INFORMATION:
1a. Table of Awarded Special Item Number(s) with appropriate cross-reference to item descriptions and awarded price(s): Order-Level Materials (OLM); 325998W (Water Treatment Solutions) 1b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment, or any other concession affecting price. Those contracts with unit prices based on the customer's geographic location should show the range of the lowest price and cite the areas to which the prices apply. See Pricing Matrix Below 1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided. If hourly rates are not applicable, indicate “Not applicable” for this item. Not Applicable
2. Maximum Order: $300,000
3. Minimum Order: $100.00
4. Geographic Coverage (delivery area): Domestic
5. Point(s) of production (city, county, and state or foreign country): Same as company address
6. Discount from list prices or statement of net price: Government net prices (discounts already deducted). See Attachment.
7. Quantity discounts: 2% on single product orders exceeding$200,000.00
8. Prompt payment terms. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. Net 30 days.
9. Foreign items (list items by country of origin): Not Applicable 10a. Time of Delivery (Contractor insert a number of days): 30-180 days depending on product 10b. Expedited Delivery. Items available for expedited delivery are noted in this price list. Contact Contractor
10c. Overnight and 2-day delivery. Contact Contractor
10d. Urgent Requirements. Contact Contractor
11. F.O.B Points(s): Origin
12a. Ordering Address(es): Same as company address
12b. Ordering procedures: See Federal Acquisition Regulation (FAR) 8.405-3
13. Payment address(es): Same as company address
14. Warranty provision: Contractor’s standard commercial warranty.
15. Export Packing Charges (if applicable): Not Applicable 2 315
WATER TREATMENT SOLUTIONS – INDUSTRIAL PUMP SYSTEMS
16. Terms and conditions of rental, maintenance, and repair (if applicable): Not Applicable
17. Terms and conditions of installation (if applicable): Not Applicable 18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable): Not Applicable
18b. Terms and conditions for any other services (if applicable): Not Applicable
19. List of service and distribution points (if applicable): Not Applicable
20. List of participating dealers (if applicable): Not Applicable
21. Preventive maintenance (if applicable): Not Applicable 22a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants): Not Applicable
22b. If applicable, indicate that Section 508 compliance information is available on Information and Communication Technology (ICT) supplies and services and show where full details can be found (e.g. contactor’s website or other location.) The EIT standards can be found at:
www.Section508.gov/. Not Applicable
23. Unique Entity Identifier (UEI) Number: VXDXUAYKE1E5
24. Notification regarding registration in the System for Award Management (SAM) database: Contractor
25. registered and active in SAM
Pricing is provided below, starting on page 4
For Complete Product & Pricing Information, please visit GSA Advantage at www.gsaadvantage.gov 3 316
Xylem Dewatering Solutions, Inc. GSA Pricing Matrix
All Products awarded under SIN 325998W
Part # Product Name Product Description UOI GSA Net Price COO PMCD020DAN105 CD75MA5 2"/3" D722E-T3/I4A RGT 30G
Godwin CD75MA5 2"/3" Pump, D722E Kubota
Diesel Engine-T3/I4A Road Going Trailer, 30 Gallon
Fuel Tank EA 21,358.19 $ US
PMCD030DCN131 CD80M 3" 3TNV80FSDSA-FT4 SB
Godwin Godwin CD80M 3" Pump, Pump, Yanmar
3TNV80FSDSA Diesel Engine-Final Tier 4, Skid
Based EA 28,125.94 $ US
PMCD030DCN126 CD80M 3" 3TNV80FSDSA-FT4 RGT
Godwin Godwin CD80M 3" Pump, Pump, Yanmar
3TNV80FSDSA Diesel Engine-Final Tier 4, Road
Going Trailer EA 30,097.48 $ US
PMCD030ECN105 CD80M 3" 7.5HP SB Godwin CD80M 3" Pump, 7.5HP Electric Motor, Skid Based
EA 15,904.53 $ US
PMCD030ECN104 CD80M 3" 7.5HP RGT Godwin CD80M 3" Pump, 7.5HP Electric Motor, Road Going Trailer
EA 19,666.25 $ US
PMCD030ECN107 CD80M 3" 10HP SB Godwin CD80M 3" Pump, 10HP Electric Motor, Skid Based
EA 15,995.21 $ US
PMCD030ECN106 CD80M 3" 10HP RGT Godwin CD80M 3" Pump, 10HP Electric Motor, Road Going Trailer
EA 19,945.09 $ US
PMCD040DCN260 CD100S 4" 3TNV88F FT4 SB Godwin CD100S 4" Pump, Yanmar 3TNV88F Diesel Engine Final Tier 4, Skid Based
EA 32,625.94 $ US
PMCD040DCN253 CD100S 4" 3TNV88F FT4 RGT Godwin CD100S 4" Pump, Yanmar 3TNV88F Diesel Engine Final Tier 4, Road Going Trailer
EA 33,102.02 $ US
PMCD040DCN261 CD100S 4" 3TNV88C SB Godwin CD100S 4" Pump, Yanmar 3TNV88C Diesel Engine, Final Tier 4, Skid Based
EA 40,456.17 $ US
PMCD040DCN254 CD100S 4" 3TNV88C RGT Godwin CD100S 4" Pump, Yanmar 3TNV88C Diesel Engine, Final Tier 4, Road Going Trailer
EA 42,076.32 $ US
PMCD040DCN217 CD100M-SS 4" 3TNV88C-FT4 RGT Godwin CD100M-SS 4" Pump, Yanmar 3TNV88C Diesel Engine -Final Tier 4, Road Going Trailer
EA 40,168.26 $ US
PMCD040DCN218 CD103M 4" 4LE2T-FT4 RGT Godwin CD103M 4" Pump, Isuzu 4LE2T Diesel Engine -Final Tier 4, Road Going Trailer
EA 42,934.76 $ US
PMCD040DSN119 CD103M-SS 4" 4LE2T-FT4 SB Godwin CD103M-SS 4"Pump, Isuzu 4LE2T Diesel Engine -Final Tier 4, Skid Based
EA 62,075.06 $ US
PMCD040DSN120 CD103M-SS 4" 4LE2T-FT4 RGT Godwin CD103M-SS 4"Pump, Isuzu 4LE2T Diesel Engine -Final Tier 4, Road Going Trailer
EA 63,865.99 $ US
PMCD040DCN243 CD140M 4" TCAE-93-FT4 PG SB
Godwin CD140M 4"Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based EA 63,524.43 $ US
4 317
Part # Product Name Product Description UOI GSA Net Price COO PMCD040DCN244 CD140M 4" TCAE-93-FT4 PG RGT
Godwin CD140M 4"Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Road
Going Trailer EA 65,575.31 $ US
PMCD040DCN235 CD140M 4" 4045HFC04-FT4 PG SB
Godwin CD140M 4"Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 72,234.26 $ US
PMCD040DCN234 CD140M 4" 4045HFC04-FT4 PG RGT
Godwin CD140M 4"Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Road Going Trailer EA 74,203.53 $ US
PMCD040ECN130 CD100S NGDP 4" 20HP SB Godwin CD100S NGDP 4"Pump, 20HP Electic Motor, Skid Based
EA 19,576.32 $ US
PMCD040ECN134 CD100S NGDP 4" 30HP SB Godwin CD100S NGDP 4"Pump, 30HP Electric Motor, Skid Based
EA 20,044.84 $ US
PMCD040ECN107 CD103M 4" 30HP SB Godwin CD103M 4" Pump, 30HP Electric Motor, Skid Based
EA 18,532.75 $ US
PMCD040ECN125 CD103M 4" 50HP SB Godwin CD103M 4" Pump, 50HP Electric Motor, Skid Based
EA 20,035.01 $ US
PMCD040ECN108 CD140M 4" 75HP SB Godwin CD140M 4"Pump, 75 HP Electric Motor, Electric Motor, Skid Based
EA 31,595.21 $ US
PMCD060DCN292 CD150S NGDP 6" 4LE2X-FT4 PG RGT Godwin CD150S NGDP 6" Pump, Isuzu 4LE2X Diesel Engine-Final Tier 4, Prime Guard Controll EA 45,599.24 $ US
PMCD060DCN290 CD150S NGDP 6" 4LE2X-FT4 SB Godwin CD150S NGDP 6" Pump, Isuzu 4LE2X Diesel Engine-Final Tier 4, Skid Based EA 41,176.32 $ US
PMCD060DCN299 CD150S NGDP 6" TCAE-55-FT4 RGT Godwin CD150S NGDP 6" Pump, JCB TCAE-55 Diesel Engine-Final Tier 4, Road Going Trailer EA 47,656.17 $ US
PMCD060DCN289 CD150S NGDP 6" TCAE-55-FT4 SB Godwin CD150S NGDP 6" Pump, JCB TCAE-55 Diesel Engine-Final Tier 4, Skid Based EA 45,973.30 $ US
PMCD060DCN297 CD150S NGDP 6" 4045TFC03-FT4 RGT Godwin CD150S NGDP 6" Pump, John Deere 4045TFC03 Diesel Engine-Final Tier 4, Road Goin EA 52,246.10 $ US
PMCD060DCN301 CD150S NGDP 6" 4045TFC03-FT4 SB Godwin CD150S NGDP 6" Pump, John Deere 4045TFC03 Diesel Engine-Final Tier 4, Skid Base EA 50,554.91 $ US
PMCD060DSN128 CD150S-SS NGDP 6" 4LE2X-FT4 PG SB
Godwin CD150S-SS NGDP 6" Pump, Isuzu 4LE2X
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 62,416.62 $ US
PMCD060DSN127 CD150S-SS NGDP 6" 4LE2X-FT4 PG RGT
Godwin CD150S-SS NGDP 6" Pump, Isuzu 4LE2X
Diesel Engine-Final Tier 4, Prime Guard Controller,
Road Going Trailer EA 64,082.12 $ US
PMCD060DSN129 CD150S-SS NGDP 6" TCAE-55-FT4 SB Godwin CD150S-SS NGDP 6" Pump, JCB TCAE-55 Diesel Engine-Final Tier 4, Skid Based
EA 66,899.24 $ US
5 318
Part # Product Name Product Description UOI GSA Net Price COO PMCD060DSN130 CD150S-SS NGDP 6" TCAE-55-FT4 RGT Godwin CD150S-SS NGDP 6" Pump, JCB TCAE-55 Diesel Engine-Final Tier 4, Road Going Trailer
EA 68,582.12 $ US
PMCD060DSN136 CD150S-SS NGDP 6" 4045TFC03-FT4 SB Godwin CD150S-SS NGDP 6" Pump, John Deere 4045TFC03 Diesel Engine-Final Tier 4, Skid Based
EA 71,480.86 $ US
PMCD060DSN137 CD150S-SS NGDP 6" 4045TFC03-FT4 RGT
Godwin CD150S-SS NGDP 6" Pump, John Deere
4045TFC03 Diesel Engine-Final Tier 4, Road Going
Trailer EA 73,171.28 $ US
PMCD060DCN266 CD160M 6" 4045HFC04-FT4 PG SB
Godwin CD160M 6" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 82,479.60 $ US
PMCD060DCN267 CD160M 6" 4045HFC04-FT4 PG RGT
Godwin CD160M 6" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Road Going Trailer EA 86,924.43 $ US
PMSD060DCN002 SD150M 6" 4LE2T-T4 SB 260mm Trim Godwin SD150M 6" Pump, Isuzu 4LE2T Diesel Engine -T4 Skid Based 260mm Trim EA 29,821.66 $ US
PMSD060DCN000 SD150M 6" 4LE2T-T4 RGT 260mm Trim Godwin SD150M 6" Pump, Isuzu 4LE2T Diesel Engine -T4 Road Going Trailer 260mm Trim EA 31,583.88 $ US
PMCD060ECN118 CD150S NGDP 6" 50HP SB Godwin CD150S NGDP 6" Pump, 50HP Electric Motor, Skid Based EA 23,581.36 $ US
PMCD060ECN121 CD150S NGDP 6" 50HP RGT Godwin CD150S NGDP 6" Pump, 50HP Electrcic Motor, Road Going Trailer
EA 26,415.87 $ US
PMCD060ECN120 CD150S 6" 75HP SB Godwin CD150S 6" Pump, 75 HP Electric Motor, Electric Motor, Skid Based
EA 27,559.95 $ US
PMCD060ECN122 CD150S NGDP 6" 75HP RGT Godwin CD150S NGDP 6" Pump, 75 HP Electric Motor, Electric Motor Road Going Trailer
EA 28,918.64 $ US
PMCD060ESN102 CD150S-SS NGDP 6" 50HP SB Godwin CD150S-SS NGDP 6" Pump, 50HP Electric Motor, Skid Based
EA 44,506.55 $ US
PMCD060ESN103 CD150S-SS NGDP 6" 75HP SB Godwin CD150S-SS NGDP 6" Pump, 75 HP Electric Motor, Electric Motor, Skid Based
EA 47,008.56 $ US
PMCD060ECN105 CD160M 6" 100HP SB Godwin CD160M 6" Pump, 100HP Electric Motor, Electric Motor Electric Motor, Skid Based
EA 40,557.43 $ US
PMCD060ECN106 CD160M 6" 150HP SB Godwin CD160M 6" Pump, 150HP Electric Motor, Electric Motor Skid Based
EA 45,173.80 $ US
PMCD080DCN228 CD225M 8" TCAE-93-FT4 PG SB
Godwin CD225M 8" Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based EA 65,615.37 $ US
PMCD080DCN229 CD225M 8" TCAE-93-FT4 PG RGT
Godwin CD225M 8" Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Road
Going Trailer EA 71,335.01 $ US
6 319
Part # Product Name Product Description UOI GSA Net Price COO PMCD080DCN224 CD225M 8" 4045HFC04-FT4 PG SB
Godwin CD225M 8" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 74,410.58 $ US
PMCD080DCN223 CD225M 8" 4045HFC04-FT4 PG RGT
Godwin CD225M 8" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Road Going Trailer EA 76,308.06 $ US
PMCD080DSN116 CD225M-SS 8" TCAE-93-FT4 PG SB
Godwin CD225M-SS 8" Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based EA 83,115.11 $ US
PMCD080DSN117 CD225M-SS 8" TCAE-93-FT4 PG RGT
Godwin CD225M-SS 8" Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Road
Going Trailer EA 85,103.27 $ US
PMCD080DSN114 CD225M-SS 8" 4045HFC04-FT4 PG SB
Godwin CD225M-SS 8" Pump, John Deere
4045HFC04 Diesel Engine-Final Tier 4, Prime
Guard Controller, Skid Based EA 92,083.38 $ US
PMCD080DSN113 CD225M-SS 8" 4045HFC04-FT4 PG RGT
Godwin CD225M-SS 8" Pump, John Deere
4045HFC04 Diesel Engine-Final Tier 4, Prime
Guard Controller, Road Going Trailer EA 93,980.86 $ US
PMCD080ECN104 CD180M 8" 100HP SB Godwin CD180M 8" Pump, 100HP Electric Motor, Electric Motor Skid Based
EA 45,347.61 $ US
PMCD080ECN102 CD225M 8" 75HP SB Godwin CD225M 8" Pump, 75 HP Electric Motor, Skid Based
EA 32,263.22 $ US
PMCD080ESN100 CD225M-SS 8" 75HP 3P 460V SB Godwin CD225M-SS 8" Pump, 75 HP Electric Motor, 3P 460V, Skid Based
EA 51,179.09 $ US
PMCD100DCN124 CD250M 10" 4045HFC04-FT4 PG SB
Godwin CD250M 10" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 83,257.18 $ US
PMCD100DCN125 CD250M 10" 4045HFC04-FT4 PG RGT
Godwin CD250M 10" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Road Going Trailer EA 86,913.10 $ US
PMCD100ECN100 CD250M 10" 100HP SB Godwin CD250M 10" Pump, 100HP Electric Motor, Skid Based
EA 34,090.43 $ US
PMCD100ESN100 CD250M-SS 10" 100HP SB Godwin CD250M-SS 10" Pump, 100HP Electric Motor, Skid Based
EA 62,976.57 $ US
PMCD120DCN131 CD300M 12" C7.1-FT4 PG SB
Godwin CD300M 12" Pump, Caterpillar C7.1 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based EA 142,226.45 $ US
PMCD120DCN129 CD300M 12" 6068HC08-FT4 PG SB
Godwin CD300M 12" Pump, John Deere 6068HC08
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 148,370.03 $ US
PMCD120DSN113 CD300M-SS 12" C7.1-FT4 PG SB
Godwin CD300M-SS 12" Pump, Caterpillar C7.1
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 191,560.20 $ US
PMCD120DSN111 CD300M-SS 12" 6068HC08-FT4 PG SB
Godwin CD300M-SS 12" Pump, John Deere
6068HC08 Diesel Engine-Final Tier 4, Prime Guard
Controller, Skid Based EA 197,613.10 $ US
7 320
Part # Product Name Product Description UOI GSA Net Price COO PMDP120DCN123 DPC300 12" 4045HFC04-FT4 PG SB
Godwin DPC300 12" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 108,197.23 $ US
PMCD120ECN000 CD300M 12" 200HP 3P 460V SB Godwin CD300M 12" Pump, 200HP Electric Motor, 3P 460V, Skid Based
EA 74,460.45 $ US
PMCD120ESN000 CD300M-SS 12" 200HP 3P 460V SB Godwin CD300M-SS 12" Pump, 200HP Electric Motor, 3P 460V, Skid Based EA 128,316.12 $ US
PMDP120ECN109 DPC300 12" 75HP SB Godwin DPC300 12" Pump, 75 HP Electric Motor, Skid Based
EA 51,077.08 $ US
PMDP120ECN009 DPC300 12" 150HP 3P 460V 1200RPM SB Godwin DPC300 12" Pump, 150HP Electric Motor, 3P 460V, 1200RPM, Skid Based
EA 52,902.77 $ US
PMCD180DCN138 CD400M 18" 6090HC09-FT4 PG SB
Godwin CD400M 18" Pump, John Deere 6090HC09
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 228,102.77 $ US
PMCD180DCN128 CD400M 18" C9.3 FT4 PG SB
Godwin CD400M 18" Pump, Caterpillar C9.3 Diesel
Engine Final Tier 4, Prime Guard Controller, Skid
Based EA 239,703.02 $ US
PMCD180ECN112 CD400M 18" 900RPM 125HP SB Godwin CD400M 18" Pump, 900RPM, 125HP Electric Motor, Skid Based
EA 107,711.34 $ US
PMCD180ECN100 CD400M 18" 250HP SB Godwin CD400M 18" Pump, 250HP Electric Motor, Skid Based
EA 132,148.87 $ US
PMCD180DCN132 CD500M 24" x 18" C15-FT4 PG SB
Godwin CD500M 24" x 18" Pump, Caterpillar C15
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 314,254.16 $ US
PMCD180DCN134 CD500M 24" x 18" C18-FT4 PG SB
Godwin CD500M 24" x 18" Pump, Caterpillar C18
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 362,130.98 $ US
PMCD180ECN114 CD500M 18" 350HP 900RPM SB Godwin CD500M 18" Pump, 350HP Electric Motor, 900RPM, Skid Based
EA 164,730.23 $ US
PMCD030DCN129 CD80D 3" 3TNV80FSDSA-FT4 SB CS
Godwin CD80D 3" Pump, Yanmar 3TNV80FSDSA
Diesel Engine-Final Tier 4, Skid Based, Critically
Silenced EA 47,215.62 $ US
PMCD030DCN132 CD80M 3" 3TNV80FSDSA-FT4 SB CS
Godwin CD80M 3" Pump, Yanmar 3TNV80FSDSA
Diesel Engine-Final Tier 4, Skid Based, Critically
Silenced EA 46,846.85 $ US
PMCD040DCN255 CD100S 3TNV88F FT4 SB CS Godwin CD100S 4" Pump, Yanmar 3TNV88F Diesel Engine Final Tier 4, Skid Based, Critically Silenced
EA 48,056.68 $ US
PMCD040DCN256 CD100S 3TNV88C FT4 SB CS Godwin CD100S 4" Pump, Yanmar 3TNV88C Diesel Engine Final Tier 4, Skid Based, Critically Silenced
EA 53,956.17 $ US
PMCD040DCN219 CD103M 4" 4LE2T-FT4 SB CS Godwin CD103M 4" Pump, Isuzu 4LE2T Diesel Engine -Final Tier 4, Skid Based, Critically Silenced
EA 55,203.78 $ US
8 321
Part # Product Name Product Description UOI GSA Net Price COO PMCD040DSN118 CD103M-SS 4" 4LE2T-FT4 SB CS Godwin CD103M-SS 4"Pump, Isuzu 4LE2T Diesel Engine -Final Tier 4, Skid Based, Critically Silenced
EA 74,963.73 $ US
PMCD040DCN245 CD140M 4" TCAE-93-FT4 PG SB CS
Godwin CD140M 4"Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Critically Silenced EA 76,164.48 $ US
PMCD040DCN236 CD140M 4" 4045HFC04-FT4 PG SB CS
Godwin CD140M 4"Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Critically Silenced EA 84,783.63 $ US
PMCD060DCN284 CD150S NGDP 6" 4LE2X-FT4 SB CS Godwin CD150S NGDP 6" Pump, Isuzu 4LE2X Diesel Engine-Final Tier 4, Skid Based, Critically EA 54,157.93 $ US
PMCD060DCN295 CD150S NGDP 6" TCAE-55-FT4 SB CS Godwin CD150S NGDP 6" Pump, JCB TCAE-55 Diesel Engine-Final Tier 4, Skid Based, Critical EA 56,926.70 $ US
PMCD060DCN294 CD150S NGDP 6" 4045TFC03-FT4 SB CS Godwin CD150S NGDP 6" Pump, John Deere 4045TFC03 Diesel Engine-Final Tier 4, Skid Base EA 61,516.62 $ US
PMCD060DSN134 CD150S-SS NGDP 6" 4LE2X-FT4 GSB CS
Godwin CD150S-SS NGDP 6" Pump, Isuzu 4LE2X
Diesel Engine-Final Tier 4, Skid Based, Critically
Silenced EA 72,181.36 $ US
PMCD060DSN135 CD150S-SS NGDP 6" TCAE-55-FT4 SB CS
Godwin CD150S-SS NGDP 6" Pump, JCB TCAE-55
Diesel Engine-Final Tier 4, Skid Based, Critically
Silenced EA 77,851.89 $ US
PMCD060DCN268 CD160M 6" 4045HFC04-FT4 PG SB CS
Godwin CD160M 6" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Critically Silenced EA 106,131.99 $ US
PMSD060DCN001 SD150M 6" 4LE2T-FT4 GSB CS 260mm TrimGodwin SD150M 6" Pump, Isuzu 4LE2T Diesel Engine -Final Tier 4, Skid Based, Critically Silenc EA 38,548.87 $ US
PMCD080DCN241 CD180M 8"4045HFC04-FT4 PG SB CS
Godwin CD180M 8" Pump,John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Critically Silenced EA 109,286.90 $ US
PMCD080DCN230 CD225M 8" TCAE-93-FT4 PG SB CS
Godwin CD225M 8" Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Critically Silenced EA 78,374.81 $ US
PMCD080DCN225 CD225M 8" 4045HFC04-FT4 PG SB CS
Godwin CD225M 8" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Critically Silenced EA $ 86,061.46 US
PMCD080DSN118 CD225M-SS 8" TCAE-93-FT4 PG SB CS
Godwin CD225M-SS 8" Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Critically Silenced EA 94,673.80 $ US
PMCD080DSN115 CD225M-SS 8" 4045HFC04-FT4 PG SB CS
Godwin CD225M-SS 8" Pump, John Deere
4045HFC04 Diesel Engine-Final Tier 4, Prime
Guard Controller, Skid Based, Critically Silenced EA 103,724.43 $ US PMCD100DCN126 CD250M 10" 4045HFC04-FT4 PG SB CS
Godwin CD250M 10" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Critically Silenced EA 100,960.96 $ US
PMCD120DCN132 CD300M 12" C7.1-FT4 PG SB CS
Godwin CD300M 12" Pump, Caterpillar C7.1 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Critically Silenced EA 203,348.61 $ US
3229
Part # Product Name Product Description UOI GSA Net Price COO PMCD120DCN130 CD300M 12" 6068HC08-FT4 PG SB CS
Godwin CD300M 12" Pump, John Deere 6068HC08
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Critically Silenced EA 194,036.52 $ US
PMCD120DSN114 CD300M-SS 12" C7.1-FT4 PG SB CS
Godwin CD300M-SS 12" Pump, Caterpillar C7.1
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Critically Silenced EA 243,921.16 $ US
PMCD120DSN112 CD300M-SS 12" 6068HC08-FT4 PG SB CS
Godwin CD300M-SS 12" Pump, John Deere
6068HC08 Diesel Engine-Final Tier 4, Prime Guard
Controller, Skid Based, Critically Silenced EA 250,431.23 $ US PMDP120DCN124 DPC300 12" 4045HFC04-FT4 PG SB CS
Godwin DPC300 12" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Critically Silenced EA 151,029.22 $ US
PMCD180DCN127 CD400M 18" 6090HC09-FT4 PG SB CS
Godwin CD400M 18" Pump, John Deere 6090HC09
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Critically Silenced EA 284,039.55 $ US
PMCD180DCN129 CD400M 18" C9.3 FT4 PG SB CS
Godwin CD400M 18" Pump, Caterpillar C9.3 Diesel
Engine Final Tier 4, Prime Guard Controller, Skid
Based, Critically Silenced EA 294,264.48 $ US
PMNC030DCN107 NC80 3TNV80FSDSA-FT4 SB Godwin NC80 3" Pump, Yanmar 3TNV80FSDSA Diesel Engine-Final Tier 4, Skid Based
EA 32,504.28 $ US
PMNC030DCN108 NC80 3TNV80FSDSA-FT4 RGT Godwin NC80 3" Pump, Yanmar 3TNV80FSDSA Diesel Engine-Final Tier 4, Road Going Trailer
EA 34,498.49 $ US
PMNC040DCN133 NC100S 3TNV88F FT4 RGT Godwin NC100S 4" Pump, Yanmar 3TNV88F Diesel Engine Final Tier 4, Road Going Trailer
EA 40,785.64 $ US
PMNC040DCN136 NC100S NGDP 4" 3TNV88F FT4 SB Godwin NC100S 4" Pump, NGDP 4" Yanmar 3TNV88F Diesel Engine Final Tier 4, Skid Based
EA 39,353.65 $ US
PMNC040DCN130 NC100S 3TNV88C FT4 SB Godwin NC100S 4" Pump, Yanmar 3TNV88C Diesel Engine Final Tier 4, Skid Based
EA 46,701.01 $ US
PMNC040DCN128 NC100S 3TNV88C FT4 RGT Godwin NC100S 4" Pump, Yanmar 3TNV88C Diesel Engine Final Tier 4, Road Going Trailer
EA 48,417.13 $ US
PMNC060DCN150 NC150S NGDP 6" 4LE2X-FT4 SB Godwin NC150S NGDP 6" Pump, Isuzu 4LE2X Diesel Engine-Final Tier 4, Skid Based EA 53,941.06 $ US
PMNC060DCN155 NC150S NGDP 6" 4LE2X-FT4 RGT Godwin NC150S NGDP 6" Pump, Isuzu 4LE2X Diesel Engine-Final Tier 4, Road Going Trailer EA 55,039.04 $ US
PMNC060DCN151 NC150S NGDP 6" 4LE2X-FT4 GSB Godwin NC150S NGDP 6" Pump, Isuzu 4LE2X Diesel Engine-Final Tier 4, Skid Based EA 55,534.76 $ US
PMNC060DCN149 NC150S NGDP 6" TCAE-55-FT4 SB Godwin NC150S NGDP 6" Pump, JCB TCAE-55 Diesel Engine-Final Tier 4, Skid Based EA 56,631.23 $ US
PMNC060DCN154 NC150S NGDP 6" TCAE-55-FT4 RGT Godwin NC150S NGDP 6" Pump, JCB TCAE-55 Diesel Engine-Final Tier 4, Road Going Trailer EA 57,634.01 $ US
10 323
Part # Product Name Product Description UOI GSA Net Price COO PMNC060DCN148 NC150S NGDP 6"4045TFC03-FT4 SB Godwin NC150S NGDP 6" Pump, John Deere 4045TFC03 Diesel Engine-Final Tier 4, Skid Base EA 60,123.93 $ US
PMNC060DCN153 NC150S NGDP 6"4045TFC03-FT4 RGT Godwin NC150S NGDP 6" Pump, John Deere 4045TFC03 Diesel Engine-Final Tier 4, Road Goin EA 61,115.37 $ US
PMNC030ECN000 NC80 3" 10HP SB Godwin NC80 3" Pump, 10HP Electric Motor, Skid Based
EA 21,438.29 $ US
PMNC030ECN100 NC80 3" 15HP SB Godwin NC80 3" Pump, 15HP Electric Motor, Skid Based
EA 21,743.58 $ US
PMNC040ECN101 NC100S NGDP 4" 25HP SB Godwin NC100S 4" Pump, NGDP 4" 25HP Skid Based
EA 24,566.75 $ US
PMNC060ECN103 NC150S NGDP 6" 50HP SB Godwin NC150S NGDP 6" Pump, 50HP Electric Motor, Skid Based
EA 31,608.06 $ US
PMNC060ECN104 NC150S NGDP 6" 75HP SB Godwin NC150S NGDP 6" Pump, 75 HP Electric Motor, Skid Based EA 34,298.24 $ US
PMNC030DCN109 NC80 3TNV80FSDSA-FT4 SB CS
Godwin NC80 3" Pump, Yanmar 3TNV80FSDSA
Diesel Engine-Final Tier 4, Skid Based, Critically
Silenced EA 55,333.75 $ US
PMNC040DCN134 NC100S NGDP 4" 3TNV88F SB CS
Godwin NC100S 4" Pump, NGDP 4" Yanmar
3TNV88F Diesel Engine Skid Based, Critically
Silenced EA 55,286.15 $ US
PMNC040DCN129 NC100S NGDP 4" 3TNV88C FT4 CS
Godwin NC100S 4" Pump, NGDP 4" Yanmar
3TNV88C Diesel Engine Final Tier 4, Critically
Silenced EA 62,918.39 $ US
PMNC060DCN142 NC150S NGDP 6" 4LE2X-FT4 GSB CS Godwin NC150S NGDP 6" Pump, Isuzu 4LE2X Diesel Engine-Final Tier 4, Skid Based, Critically EA 66,635.52 $ US
PMNC060DCN145 NC150S NGDP 6" TCAE-55-FT4 SB CS Godwin NC150S NGDP 6" Pump, JCB TCAE-55 Diesel Engine-Final Tier 4, Skid Based, Critical EA 64,110.83 $ US
PMNC060DCN144 NC150S NGDP 6"4045TFC03-FT4 SB CS Godwin NC150S NGDP 6" Pump, John Deere 4045TFC03 Diesel Engine-Final Tier 4, Skid Base EA 67,602.77 $ US
PMHL030DCN210 HL80M 3" 4LE2X FT4 PG SB
Godwin HL80M 3" Pump, Isuzu 4LE2X Diesel
Engine Final Tier 4, Prime Guard Controller, Skid
Based EA 47,052.39 $ US
PMHL030DCN207 HL80M 3" 4LE2X FT4 PG RGT
Godwin HL80M 3" Pump, Isuzu 4LE2X Diesel
Engine Final Tier 4, Prime Guard Controller, Road
Going Trailer EA 48,372.54 $ US
PMHL030DCN202 HL80M 3" 4045TFC03-FT4 SB Godwin HL80M 3" Pump, John Deere 4045TFC03 Diesel Engine-Final Tier 4, Skid Based
EA 51,940.05 $ US
PMHL030DCN203 HL80M 3" 4045TFC03-FT4 RGT Godwin HL80M 3" Pump, John Deere 4045TFC03 Diesel Engine-Final Tier 4, Road Going Trailer
EA 53,572.29 $ US
11 324
Part # Product Name Product Description UOI GSA Net Price COO PMHL030DSN122 HL80M-SS 3" 4045TFC03-FT4 SB Godwin HL80M-SS 3" Pump, John Deere 4045TFC03 Diesel Engine-Final Tier 4, Skid Based
EA 71,591.18 $ US
PMHL030DSN123 HL80M-SS 3" 4045TFC03-FT4 RGT
Godwin HL80M-SS 3" Pump, John Deere
4045TFC03 Diesel Engine-Final Tier 4, Road Going
Trailer EA 73,214.36 $ US
PMHL040DCN226 HL100M 4" TCAE-93-FT4 PG SB
Godwin HL100M 4" Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based EA 75,900.76 $ US
PMHL040DCN227 HL100M 4" TCAE-93-FT4 PG RGT
Godwin HL100M 4" Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Road
Going Trailer EA 78,102.02 $ US
PMHL040DCN209 HL100M 4" 4045HFC04-FT4 PG SB CI W/P
Godwin HL100M 4" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based CI Wear Plates EA 85,868.01 $ US
PMHL040DCN208 HL100M 4" 4045HFC04-FT4 PG RGT CI
W/P
Godwin HL100M 4" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Road Going Trailer CI Wear Plates EA 87,977.08 $ US
PMHL040DUN138 HL100M-CD4MCu 4" TCAE-93-FT4 PG SB
Godwin HL100M-CD4MCu 4" Pump, TCAE-93 JCB
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 100,237.78 $ US
PMHL040DUN137 HL100M-CD4MCu 4" TCAE-93-FT4 PG RGT
Godwin HL100M-CD4MCu 4" Pump, TCAE-93 JCB
Diesel Engine-Final Tier 4, Prime Guard Controller,
Road Going Trailer EA 102,539.55 $ US
PMHL040DUN127 HL100M-CD4MCu 4" 4045HFC04-FT4 PG
SB
Godwin HL100M-CD4MCu 4" Pump, John Deere
4045HFC04 Diesel Engine-Final Tier 4, Prime
Guard Controller, Skid Based EA 110,113.60 $ US
PMHL040DUN126 HL100M-CD4MCu 4" 4045HFC04-FT4 PG
RGT
Godwin HL100M-CD4MCu 4" Pump, John Deere
4045HFC04 Diesel Engine-Final Tier 4, Prime
Guard Controller, Road Going Trailer EA 112,405.54 $ US PMHL030DUN122 HL110M-CD4MCu 3" 4045HFC04-FT4 PG SBGodwin HL110M-CD4MCu 3" Pump, John Deere 4045HFC04 Diesel Engine-Final Tier 4, Prime G EA 147,957.43 $ US
PMHL030DUN123 HL110M-CD4MCu 3" 4045HFC04-FT4 PG RGTGodwin HL110M-CD4MCu 3" Pump, John Deere 4045HFC04 Diesel Engine-Final Tier 4, Prime G EA 153,038.54 $ US
PMHL030DFN116 HL110M 3" 4045HFC04-FT4 PG SB
Godwin HL110M 3" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 122,181.61 $ US
PMHL030DFN117 HL110M 3" 4045HFC04-FT4 PG RGT
Godwin HL110M 3" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Road Going Trailer EA 127,261.21 $ US
PMHL030ECN101 HL80M 3" 30HP SB Godwin HL80M 3" Pump, 30HP Skid Based EA 22,045.84 $ US
PMHL030ECN103 HL80M 3" 50HP SB Godwin HL80M 3" Pump, 50HP Skid Based EA 25,401.01 $ US
PMHL030ECN008 HL80M 3" 75HP 230/460V 3P SB Godwin HL80M 3" Pump, 75 HP Electric Motor, 230/460V 3P, Skid Based
EA 25,970.78 $ US
12 325
Part # Product Name Product Description UOI GSA Net Price COO PMHL030ESN101 HL80M-SS 3" 30HP 3P SB Godwin HL80M-SS 3" Pump, 30HP, 3P, Skid Based EA 41,119.65 $ US
PMHL030ESN000 HL80M-SS 3" 50HP 208/230/460V 3P SB Godwin HL80M-SS 3" Pump, 50HP 208/230/460V, 3P, Skid Based
EA 43,796.98 $ US
PMHL040ECN101 HL100M 4" 75HP SB CI W/P Godwin HL100M 4" Pump, 75 HP Electric Motor, Skid Based, Cast Iron Wear Plates
EA 38,717.38 $ US
PMHL040ECN118 HL100M 4" 150HP SB CI W/P Godwin HL100M 4" Pump, 150HP Electric Motor, Skid Based, Cast Iron Wear Plates
EA 40,826.45 $ US
PMHL030EFN104 HL110M 3" 75HP SB Godwin HL110M 3" Pump, 75 HP Electric Motor, Skid Based
EA 73,791.69 $ US
PMHL030EFN105 HL110M 3" 75HP SB Godwin HL110M 3" Pump, 75 HP Electric Motor, Skid Based
EA 78,770.78 $ US
PMHL040DCN230 HL125M 4" 4045HFC04-FT4 PG SB Chrom
W/P
Godwin HL125M 4" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Chrome Wear Plates EA 89,316.12 $ US
PMHL040DCN231 HL125M 4" 4045HFC04-FT4 PG RGT
Chrom W/P
Godwin HL125M 4" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Road Going Trailer, Chrome Wear Plates EA 91,039.80 $ US PMHL040DUN140 HL125M-CD4MCu 4" 4045HFC04-FT4 PG
SB
Godwin HL125M-CD4MCu 4" Pump, John Deere
4045HFC04 Diesel Engine-Final Tier 4, Prime
Guard Controller, Skid Based EA 111,452.64 $ US
PMHL040DUN141 HL125M-CD4MCu 4" 4045HFC04-FT4 PG
RGT
Godwin HL125M-CD4MCu 4" Pump, John Deere
4045HFC04 Diesel Engine-Final Tier 4, Prime
Guard Controller, Road Going Trailer EA 120,825.94 $ US PMHL060DCN193 HL150M 6" C7.1-FT4 PG SB Chrom W/P
Godwin HL150M 6" Pump, Caterpillar C7.1 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Chrome Wear Plates EA 122,052.39 $ US
PMHL060DCN192 HL150M 6" C7.1-FT4 PG RGT Chrom W/P
Godwin HL150M 6" Pump, Caterpillar C7.1 Diesel
Engine-Final Tier 4, Prime Guard Controller, Road
Going Trailer, Chrome Wear Plates EA 127,004.28 $ US
PMHL060DCN190 HL150M 6" 6068HC08-FT4 PG SB Chrom
W/P
Godwin HL150M 6" Pump, John Deere 6068HC08
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Chrome Wear Plates EA 128,104.53 $ US
PMHL060DUN127 HL150M-CD4MCu 6" C7.1-FT4 PG SB
Godwin HL150M-CD4MCu 6" Pump, Caterpillar C7.1
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 141,584.89 $ US
PMHL060DUN126 HL150M-CD4MCu 6" C7.1-FT4 PG RGT
Godwin HL150M-CD4MCu 6" Pump, Caterpillar C7.1
Diesel Engine-Final Tier 4, Prime Guard Controller,
Road Going Trailer EA 146,536.78 $ US
PMHL060DUN125 HL150M-CD4MCu 6" 6068HC08-FT4 PG SB
Godwin HL150M-CD4MCu 6" Pump, John Deere
6068HC08 Diesel Engine-Final Tier 4, Prime Guard
Controller, Skid Based EA 147,636.27 $ US
PMHL040DCN220 HL130M 4" C9.3-FT4 PG SB Chrom W/P
Godwin HL130M 4" Pump, Caterpillar C9.3 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Chrome Wear Plates EA 190,735.77 $ US
13 326
Part # Product Name Product Description UOI GSA Net Price COO PMHL040DUN134 HL130M-CD4MCu 4" 6090HC09-FT4 PG SB
Godwin HL130M-CD4MCu 4" Pump, John Deere
6090HC09 Diesel Engine-Final Tier 4, Prime Guard
Controller, Skid Based EA 225,352.14 $ US
PMHL040DUN135 HL130M-CD4MCu 4" C9.3-FT4 PG SB
Godwin HL130M-CD4MCu 4" Pump, Caterpillar C9.3
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based EA 235,026.20 $ US
PMHL040DCN218 HL130M 4" 6090HC09-FT4 PG SB Chrom
W/P
Godwin HL130M 4" Pump, John Deere 6090HC09
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Chrome Wear Plates EA 180,419.40 $ US
PMHL040ECN102 HL125M 4" 75HP SB Chrome W/P Godwin HL125M 4" Pump, 75 HP Electric Motor, Skid Based, Chrome Wear Plates
EA 39,771.54 $ US
PMHL060ECN101 HL150M 6" 125HP SB Chrome W/P Godwin HL150M 6" Pump, 125HP Electric Motor, Skid Based, Chrome Wear Plates
EA 45,135.26 $ US
PMHL060ECN001 HL150M 6" 150HP SB Godwin HL150M 6" Pump, 150HP Electric Motor, Skid Based
EA 45,621.16 $ US
PMHL060ECN121 HL150M 6" 250HP SB Chrome W/P Godwin HL150M 6" Pump, 250HP Electric Motor, Skid Based, Chrome Wear Plates
EA 50,022.17 $ US
PMHL040ECN114 HL130M 4" 200HP SB Godwin HL130M 4" Pump, 200HP Electric Motor, Skid Based
EA 78,963.48 $ US
PMHL040ECN105 HL130M 4" 350HP SB Godwin HL130M 4" Pump, 350HP Electric Motor, Skid Based
EA 97,743.32 $ US
PMHL060DCN204 HL200M 6" C7.1-FT4 PG SB Chrome W/P
Godwin HL200M 6" Pump, Caterpillar C7.1 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Chrome Wear Plates EA 127,096.47 $ US
PMHL060DCN203 HL200M 6" C7.1-FT4 PG RGT Chrome W/P
Godwin HL200M 6" Pump, Caterpillar C7.1 Diesel
Engine-Final Tier 4, Prime Guard Controller, Road
Going Trailer, Chrome Wear Plates EA 132,048.36 $ US
PMHL060DCN201 HL200M 6" 6068HC08-FT4 PG SB Chrome
W/P
Godwin HL200M 6" Pump, John Deere 6068HC08
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Chrome Wear Plates EA 133,240.05 $ US
PMHL060DUN133 HL200M-CD4MCu 6" 6068HC08-FT4 PG SB
Godwin HL200M-CD4MCu 6" Pump, John Deere
6068HC08 Diesel Engine-Final Tier 4, Prime Guard
Controller, Skid Based EA 160,346.60 $ US
PMHL060DUN136 HL200M-CD4MCu 6" C7.1-FT4 PG SB Godwin HL200M-CD4MCu 6" Pump, Caterpillar C7.1 Diesel Engine-Final Tier 4, Prime Guard Co EA 152,313.85 $ US
PMHL060DUN137 HL200M-CD4MCu 6" C7.1-FT4 PG RGT Godwin HL200M-CD4MCu 6" Pump, Caterpillar C7.1 Diesel Engine-Final Tier 4, Prime Guard Co EA 157,265.74 $ US
PMHL060DCN197 HL160M 6" C15-FT4 PG SB
Godwin HL160M 6" Pump, Caterpillar C15 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based EA 250,431.23 $ US
PMHL060DUN130 HL160M-CD4MCu 6" C15 FT4 PG SB
Godwin HL160M-CD4MCu 6" Pump, Caterpillar C15
Diesel Engine Final Tier 4, Prime Guard Controller,
Skid Based EA 305,176.32 $ US
14 327
Part # Product Name Product Description UOI GSA Net Price COO PMHL060ECN103 HL200M 6" 150HP SB Chrome W/P Godwin HL200M 6" Pump, 150HP Electric Motor, Skid Based, Chrome Wear Plates
EA 66,125.44 $ US
PMHL060ECN117 HL200M 6" 250HP 3P SB Chrome W/P Godwin HL200M 6" Pump, 250HP Electric Motor, 3P Skid Based, Chrome Wear Plates
EA 68,996.22 $ US
PMHL060ECN118 HL160M 6" 300HP SB Godwin HL160M 6" Pump, 300HP Electric Motor, Skid Based
EA 98,229.22 $ US
PMHL060ECN105 HL160M 6" 400HP SB Godwin HL160M 6" Pump, 400HP Electric Motor, Skid Based
EA 105,602.27 $ US
PMHL080DCN140 HL225M 8" C9.3-FT4 PG SB Chrome W/P
Godwin HL225M 8" Pump, Caterpillar C9.3 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Chrome Wear Plates EA 178,539.29 $ US
PMHL080DCN132 HL225M 8" 6090HC09-T4 PG SB
Godwin HL225M 8" Pump, John Deere 6090HC09
Diesel Engine-T4, Prime Guard Controller, Skid
Based EA 169,415.37 $ US
PMHL080DUN143 HL225M-CD4MCu 8" 6090HC09-FT4 PGSB
Godwin HL225M-CD4MCu 8" Pump, John Deere
6090HC09 Diesel Engine-Final Tier 4, Prime Guard
Controller, Skid Based EA 218,932.75 $ US
PMHL080ECN100 HL225M 8" 300HP SB Chrome W/P Godwin HL225M 8" Pump, 300HP Electric Motor, Skid Based, Chrome Wear Plates
EA 88,839.29 $ US
PMHL100DCN123 HL250M 10" C15-FT4 PG 1PT SB
Godwin HL250M 10" Pump, Caterpillar C15 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based EA 244,563.48 $ US
PMHL100ECN111 HL250M 10" 300HP SB Godwin HL250M 10" Pump, 300HP Electric Motor, Skid Based EA 90,756.42 $ US
PMHL100ECN100 HL250M 10" 400HP SB Godwin HL250M 10" Pump, 400HP Electric Motor, Skid Based
EA 115,862.72 $ US
PMHL100EFN002 HL300M Mech Seal 10" 600HP 460V SB Godwin HL300M Mech Seal 10" Pump, 600HP 460V Skid Based
EA 151,983.63 $ US
PMHL030DCN208 HL80M 3" 4LE2T FT4 PG SB CS
Godwin HL80M 3" Pump, Isuzu 4LE2T Diesel Engine
Final Tier 4, Prime Guard Controller, Skid Based,
Critically Silenced EA 62,677.33 $ US
PMHL030DCN205 HL80M 3" 4045TFC03-FT4 SB CS
Godwin HL80M 3" Pump, John Deere 4045TFC03
Diesel Engine-Final Tier 4, Skid Based, Critically
Silenced EA 67,564.99 $ US
PMHL030DSN125 HL80M-SS 3" 405TFC03-FT4 SB CS Godwin HL80M-SS 3" Pump, 405TFC03-Final Tier 4, Skid Based, Critically Silenced
EA 87,684.63 $ US
PMHL040DCN228 HL100M 4" TCAE-93-FT4 PG SB CI W/P CS
Godwin HL100M 4" Pump, TCAE-93 JCB Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Cast Iron Wear Plates, Critically Silenced EA 89,123.43 $ US PMHL040DCN210 HL100M 4" 4045HFC04-FT4 PG SB CI W/P
CS
Godwin HL100M 4" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Cast Iron Wear Plates, Critically
Silenced EA 99,091.44 $ US
15 328
Part # Product Name Product Description UOI GSA Net Price COO PMHL030DFN118 HL110M 3" 4045HFC04-FT4 PG SB CS
Godwin HL110M 3" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Critically Silenced EA 153,230.48 $ US
PMHL040DCN211 HL125M 4" 4045HFC04-FT4 PG SB Chrom
W/P CS
Godwin HL125M 4" Pump, John Deere 4045HFC04
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Chrome Wear Plates, Critically Silenced EA 112,984.38 $ US PMHL040DCN219 HL130M 4" 6090HC09-FT4 PG SB
ChromW/P CS
Godwin HL130M 4" Pump, John Deere 6090HC09
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, ChromeWear Plates, Critically Silenced EA 215,907.05 $ US PMHL040DCN221 HL130M 4" C9.3-FT4 PG SB Chrom W/P CS
Godwin HL130M 4" Pump, Caterpillar C9.3 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Chrome Wear Plates, Critically Silenced EA 227,048.61 $ US PMHL060DCN194 HL150M 6" C7.1-FT4 PG SB Chrom W/P CS
Godwin HL150M 6" Pump, Caterpillar C7.1 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Chrome Wear Plates, Critically Silenced EA 151,670.78 $ US PMHL060DCN191 HL150M 6" 6068HC08-FT4 PG SB Chrom
W/P CS
Godwin HL150M 6" Pump, John Deere 6068HC08
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based, Chrome Wear Plates, Critically Silenced EA 158,273.80 $ US PMHL060DCN205 HL200M 6" C7.1-FT4 PG SB Chrome W/P
CS
Godwin HL200M 6" Pump, Caterpillar C7.1 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Chrome Wear Plates, Critically Silenced EA 157,082.12 $ US PMHL060DCN202 HL200M 6" 6068HC08-FT4 PG SB
ChromeWP CS
Godwin HL200M 6" Pump, John Deere 6068HC08
Diesel Engine-Final Tier 4, Prime Guard Controller,
Skid Based ChromeWP Critically Silenced EA 164,702.27 $ US PMHL060DCN198 HL160M 6" C15-FT4 PG SB CS
Godwin HL160M 6" Pump, Caterpillar C15 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Critically Silenced EA 279,866.75 $ US
PMHL080DCN141 HL225M 8" C9.3-FT4 PG SB Chrome W/P
CS
Godwin HL225M 8" Pump, Caterpillar C9.3 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Chrome Wear Plates, Critically Silenced EA 218,062.22 $ US PMHL100DCN124 HL250M 10" C15-FT4 PG SB CS
Godwin HL250M 10" Pump, Caterpillar C15 Diesel
Engine-Final Tier 4, Prime Guard Controller, Skid
Based, Critically Silenced EA 288,853.15 $ US
PMHL100DFN108 HL300M Pack Seal 10" C18-T4F PG SB CS
Godwin HL300M Pack Seal 10" Pump, Caterpillar
C18 Diesel Engine-T4F Prime Guard Controller,
Skid Based, Critically Silenced EA 339,041.56 $ US
PMCD030DCN123 CD80M 3" 3TNV76DASA SP-T3/IT4 SB 75G CSGodwin CD80M 3" Pump, Yanmar 3TNV76DASA SP-T3/IT4, Skid Based, 75 Gallon Tank, Critica EA 41,572.29 $ US
PMCD040DCN258 CD100S 4" 3TNV88BDSA iT4 DB CS Godwin CD100S 4" Pump, Yanmar 3TNV88BDSA iT4 Diese Engine, DB, Critically Silenced EA 44,956.17 $ US
PMCD040DCN179 CD103M 4" S4Q2VS-T3/I4A SB 80G CS Godwin CD103M 4" Pump, Mitsubishi S4Q2VS-T3/I4A Diesel Engine, Skid Based, 80 Gallon Tan EA 50,307.05 $ US
PMCD040DCN191 CD140M 4" 4045H280-T3 PG ES SB CS Godwin CD140M 4"Pump, John Deere 4045H280-T3 Diese Engine,Prime Guard Controller, Eme EA 60,199.50 $ US
PMCD060DCN293 CD150S NGDP 6" 4045T290-IT4 SB CS Godwin CD150S NGDP 6" Pump, John Deere 4045T290-IT4 Diesel Engine, Skid Based, Criticall EA 52,156.17 $ US
16 329
Part # Product Name Product Description UOI GSA Net Price COO PMCD060DCN145 CD160M 6" 6068H285SP6-T3 PG SB 195G CSGodwin CD160M 6" Pump, 6068H285SP6-T3 Prime Guard Controller, Skid Based 195G Criticall EA 84,448.87 $ US
PMCD080DCN126 CD180M 8" 6068H285SP6-T3 SB 150G CS Godwin CD180M 8" Pump, John Deere 6068H285SP6-T3 Diesel Engine, Skid Based, 150 Gallon EA 90,250.13 $ US
PMCD080DCN175 CD225M 8" 4045H280-T3 PG ES SB CS Godwin CD225M 8" Pump, John Deere 4045H280-T3 Diesel Engine, Prime Guard Controller, Em EA 61,474.31 $ US
PMCD100DCN106 CD250M 10" 6068H285SP3-T3 PG SB 200G CSGodwin CD250M 10" Pump, John Deere 6068H285SP3-T3 Diesel Engine,Prime Guard Controlle EA 82,165.99 $ US
PMCD120DCN109 CD300M 12" C9SP-T3 PG SB 250G CS Godwin CD300M 12" Pump, Caterpillar C9SP-T3 Diesel Engine,Prime Guard Controller, Skid Ba EA 153,515.37 $ US
PMDP120DCN112 DPC300 12" 6068H285-SP T3 PG SB CS Godwin DPC300 12" Pump, John Deere 6068H285-SP T3 Diesel Engine, Prime Guard Controller EA 123,529.72 $ US
PMCD180DCN102 CD400M 18" C9SP-T3 PG SB CS Godwin CD400M 18" Pump, Caterpillar C9SP-T3 Diesel Engine, Prime Guard Controller, Skid Ba EA 232,954.16 $ US
PMCD180DCN110 CD500M 24" x 18" C15-PG SB 10G CS Godwin CD500M 24" x 18" Pump, Caterpillar C15 Diesel Engine, Prime Guard Controller, Skid B EA 260,079.60 $ US
PMCD180DCN117 CD500M 24" x 18" C18-PG SB CS Godwin CD500M 24" x 18" Pump, Caterpillar C18 Diesel Engine-Prime Guard Controller, Skid Ba EA 355,711.59 $ US
PMHL030DCN146 HL80M 3" 4045T290-SP2 IT4 SB CS Godwin HL80M 3" Pump, John Deere 4045T290-SP2 IT4 Diesel Engine, Skid Based, Critically Si EA 55,203.78 $ US
PMHL040DCN200 HL100M 4" 4045H280-T3 PG ES SB CS Godwin HL100M 4" Pump, John Deere 4045H280-T3 Diesel Engine, Prime Guard Controller, Em EA 72,828.97 $ US
PMHL030DFN100 HL110M 3" 6068H285SP1-T3 PG SB 200G CSGodwin HL110M 3" Pump, John Deere 6068H285SP1-T3 Diesel Engine, Prime Guard Controller, EA 132,057.43 $ US
PMHL040DCN161 HL125M 4" 6068H285SP4-T3 PG SB 190G CSGodwin HL125M 4" Pump, John Deere 6068H285SP4-T3 Diesel Engine, Prime Guard Controller, EA 89,508.82 $ US
PMHL060DCN169 HL150M 6" 6068H485SP1-T3 PG SB CS ChmGodwin HL150M 6" Pump, John Deere 6068H485SP1-T3 Diesel Engine, Prime Guard Controller, EA 101,576.83 $ US
PMHL040DCN164 HL130M 4" C9SP-T3 PG SB 250G CS Godwin HL130M 4" Pump, Caterpillar C9SP-T3 Diesel Engine, Prime Guard Controller, Skid Bas EA 162,720.91 $ US
PMHL060DCN150 HL200M 6" 6068H485SP-T3 PG SB CS CrWPGodwin HL200M 6" Pump, John Deere 6068H485SP-T3 Diesel Engine, Prime Guard Controller, EA 106,088.16 $ US
PMHL060DCN152 HL160M 6" C15SP-T3 PG SB 330G CS CrWPGodwin HL160M 6" Pump, Caterpillar C15 Diesel EngineSP-T3 Prime Guard Controller, Skid Ba EA 202,867.25 $ US
330 17
Part # Product Name Product Description UOI GSA Net Price COO PMHL080DCN120 HL225M 8" C9SP-T3 PG SB 250G CS Godwin HL225M 8" Pump, Caterpillar C9SP-T3 Diesel Engine, Prime Guard Controller, Skid Bas EA 154,092.70 $ US
PMHL100DCN109 HL250M 10" C15SP-T3 PG SB 330G CS Godwin HL250M 10" Pump, Caterpillar C15 Diesel Engine SP-T3, Prime Guard Controller, Skid B EA 206,223.93 $ US
PMNC060DCN143 NC150S NGDP 6" 4045T290 IT4 SB CS Godwin NC150S NGDP 6" Pump, John Deere 4045T290 IT4 Diesel Engine, Emergency Standby EA 53,615.37 $ US
PMNC160DCN101 NC350 16" C9-T3 PG SB CS Godwin NC350 16" Pump, Caterpillar C9-T3 Diesel Engine, Prime Guard Controller, Skid Based, EA 207,103.53 $ US
PMHS030HCN100 Heidra 80 3" Hyd Sub 14cc gear Godwin Heidra 80 3" Hydraulic Submersible Pumpend, 14cc Gear Driven Hydraulic Motor
EA 7,015.62 $ US
PMHS040HCN200 Heidra 100TD 4" Hyd Sub 14cc gear Godwin Heidra 100TD 4" Hydraulic Submersible Pumpend, 14cc Gear Driven Hydraulic Motor
EA 10,546.10 $ US
PMHS040HHN200 Heidra 100TD-HI 4" Hyd Sub 14cc gear
Godwin Heidra 100TD-Hard Iron 4" Hydraulic
Submersible Pumpend, 14cc Gear Driven Hydraulic
Motor EA 22,623.17 $ US
PMHS040HSN100 Heidra 100TD-SS 4" Hyd Sub 14cc gear Godwin Heidra 100TD-SS 4" Hydraulic Submersible Pumpend, 14cc Gear Driven Hydraulic Motor
EA 22,045.84 $ US
PMHS040HCN202 Heidra 100SG 4" Hyd Sub 14cc gear
Godwin Heidra 100 Slurry Gate 4" Hydraulic
Submersible Pumpend, 14cc Gear Driven Hydraulic
Motor EA 13,518.14 $ US
PMHS040HCN203 Heidra 103 4" Hyd Sub 48.8cc gear Godwin Heidra 103 4" Hydraulic Submersible Pumpend, 48.8cc Gear Driven Hydraulic Motor
EA 14,956.93 $ US
PMHS040HSN101 Heidra 103-SS 4" Hyd Sub 48.8cc gear Godwin Heidra 103-SS 4" Hydraulic Submersible Pumpend, 48.8cc Gear Driven Hydraulic Motor
EA 24,915.87 $ US
PMHS060HCN100 Heidra 150MR 6" Hyd Sub 48.8cc gear Godwin Heidra 150MR 6" Hydraulic Submersible Pumpend, 48.8cc Gear Driven Hydraulic Motor
EA 12,655.16 $ US
PMHS060HHN200 Heidra 150-HI 6" Hyd Sub 48.8cc gear
Godwin Heidra 150-Hard Iron 6" Hydraulic
Submersible Pumpend, 48.8cc Gear Driven
Hydraulic Motor EA 30,482.12 $ US
PMHS060HSN100 Heidra 150-SS 6" Hyd Sub 48.8cc gear Godwin Heidra 150-SS 6" Hydraulic Submersible Pumpend, 48.8cc Gear Driven Hydraulic Motor
EA 31,912.59 $ US
PMHS060HCN104 Heidra 150V 6" Hyd Sub 48.8cc gear Godwin Heidra 150V 6" Hydraulic Submersible Pumpend, 48.8cc Gear Driven Hydraulic Motor
EA 12,940.05 $ US
PMHS060HCN102 Heidra 150SG 6" Hydr Sub 48.8cc gear
Godwin Heidra 150 Slurry Gate 6" Hydrualic
Submersible Pumpend, 48.8cc Gear Driven
Hydraulic Motor EA 15,241.06 $ US
PMHS060HCN103 Heidra 150V/SG 6" Hyd Sub 48.8cc gear
Godwin Heidra 150V/Slurry Gate 6" Hydraulic
Submersible Pumpend, 48.8cc Gear Driven
Hydraulic Motor EA 15,525.94 $ US
18 331
Part # Product Name Product Description UOI GSA Net Price COO PMHS060HSN101 Heidra 150V-SS 6" Hyd Sub 48.8cc gear Godwin Heidra 150V-SS 6" Hydraulic Submersible Pumpend, 48.8cc Gear Driven Hydraulic Motor
EA 32,104.53 $ US
PMHS080HCN100 Heidra 200 8" Hyd Sub 90cc piston Godwin Heidra 200 8" Hydraulic Submersible Pumpend, 90cc Piston Driven Hydraulic Motor
EA 24,915.87 $ US
PMHS080HSN100 Heidra 200-SS 8" Hyd Sub 90cc piston Godwin Heidra 200-SS 8" Hydraulic Submersible Pumpend, 90cc Piston Driven Hydraulic Motor
EA 51,371.03 $ US
PMHS080HCN101 Heidra 200SG 8" Hyd Sub 90cc piston Godwin Heidra 200SG 8" Hydraulic Submersible Pumpend, 90cc Piston Driven Hydraulic Motor
EA 29,042.57 $ US
PMHS100HCN100 Heidra 250 10" Hyd Sub 90cc piston Godwin Heidra 250 10" Hydraulic Submersible Pumpend, 90cc Piston Driven Hydraulic Motor
EA 28,079.85 $ US
PMHS120HCN200 Heidra 300 12" Hyd Sub 180cc piston Godwin Heidra 300 12" Hydraulic Submersible Pumpend, 180cc Piston Driven Hydraulic Motor
EA 44,182.37 $ US
PMHS030HCN101 Heidra 80HH 3" Hyd Sub 48.8cc gear Godwin Heidra 80HH 3" Hydraulic Submersible Pumpend, 48.8cc Gear Driven Hydraulic Motor
EA 14,855.67 $ US
PMHS030HCN102 Heidra 110HH 3" Hyd Sub 90cc piston Godwin Heidra 110HH 3" Hydraulic Submersible Pumpend, 90cc Piston Driven Hydraulic Motor
EA 56,258.69 $ US
PMHS060HCN106 Heidra 150HH 6" Hyd Sub 90cc piston Godwin Heidra 150HH 6" Hydraulic Submersible Pumpend, 90cc Piston Driven Hydraulic Motor
EA 27,602.27 $ US
PMHS040HCN201 Heidra 100NC Hyd Sub 48.8cc gear Godwin Heidra 100NC Hydraulic Submersible Pumpend, 48.8cc Gear Driven Hydraulic Motor
EA 17,827.71 $ US
PMHS060HCN101 Heidra 150NC Hyd Sub 48.8cc gear Godwin Heidra 150NC Hydraulic Submersible Pumpend, 48.8cc Gear Driven Hydraulic Motor
EA 19,267.25 $ US
PMHS060HCN105 Heidra 150NC-SG Hyd Sub 48.8cc gear
Godwin Heidra 150NC-Slurry Gate Hydraulic
Submersible Pumpend, 48.8cc Gear Driven
Hydraulic Motor EA 21,853.15 $ US
PMHP030HCN107 GHPU10(HS80) 3"PwrPk 3TNV80FSDSA
SB
Godwin Godwin GHPU10(HS80) 3"Hydraulic Power
Pack, Yanmar 3TNV80FSDSA Diesel Engine, Skid
Based EA 19,551.39 $ US
PMHP030HCN106 GHPU10(HS80) 3"PwrPk 3TNV80FSDSA
RGT
Godwin Godwin GHPU10(HS80) 3"Hydraulic Power
Pack, Yanmar 3TNV80FSDSA Diesel Engine, Road
Going Trailer EA 21,569.02 $ US
PMHP040HCN150 GHPU10 4" Pwr Pk 3TNV88C-FT4 SB Godwin GHPU10 4" Hydraulic Power Pack, Yanmar 3TNV88C Diesel Engine -Final Tier 4, Skid Based
EA 30,857.68 $ US
PMHP040HCN151 GHPU10 4" Pwr Pk 3TNV88C-FT4 RGT
Godwin GHPU10 4" Hydraulic Power Pack, Yanmar
3TNV88C Diesel Engine -Final Tier 4, Road Going
Trailer EA 32,683.38 $ US
PMHP040HCN152 GHP10SG 4" Pwr Pk 3TNV88C-FT4 SB
Godwin GHPU10 Slurry Gate 4" Hydraulic Power
Pack, Yanmar 3TNV88C Diesel Engine -Final Tier 4,
Skid Based EA 32,774.06 $ US
332 19
Part # Product Name Product Description UOI GSA Net Price COO PMHP040HCN153 GHPU10SG 4" Pwr Pk 3TNV88C-FT4 RGT
Godwin GHPU10SG 4" Hydraulic Power Pack,
Yanmar 3TNV88C Diesel Engine -Final Tier 4, Road
Going Trailer EA 34,691.18 $ US
PMHP040HCN157 GHPU30(HS103)4"PwrPk 4LE2T-FT4 SB
Godwin GHPU30 (HS103) 4"Hydraulic Power Pack,
Isuzu 4LE2T Diesel Engine -Final Tier 4, Skid
Based EA 33,828.97 $ US
PMHP040HCN158 GHPU30(HS103)4"PwrPk 4LE2T-FT4 RGT
Godwin GHPU30 (HS103) 4"Hydraulic Power Pack,
Isuzu 4LE2T Diesel Engine -Final Tier 4, Road
Going Trailer EA 35,653.90 $ US
PMHP060HCN150 GHPU30 6" Pwr Pk TCAE-55-FT4 SB Godwin GHPU30 6" Hydraulic Power Pack, JCB TCAE-55 Diesel Engine-Final Tier 4, Skid Based
EA 41,495.21 $ US
PMHP060HCN151 GHPU30 6" Pwr Pk TCAE-55-FT4 RGT
Godwin GHPU30 6" Hydraulic Power Pack, JCB
TCAE-55 Diesel Engine-Final Tier 4, Road Going
Trailer EA 41,788.41 $ US
PMHP060HCN152 GHPU30 6" Pwr Pk 4045TFC03-FT4 SB
Godwin GHPU30 6" Hydraulic Power Pack, John
Deere 4045TFC03 Diesel Engine-Final Tier 4, Skid
Based EA 44,567.00 $ US
PMHP060HCN153 GHPU30 6" PwrPk 4045TFC03-FT4 RGT
Godwin GHPU30 6" Hydraulic Power Pack, John
Deere 4045TFC03 Diesel Engine-Final Tier 4, Road
Going Trailer EA 44,851.13 $ US
PMHP060HCN154 GHPU30SG 6" Pwr Pk TCAE-55-FT4 SB
Godwin GHPU30 Slurry Gate 6" Hydraulic Power
Pack, JCB TCAE-55 Diesel Engine-Final Tier 4,
Skid Based EA 42,934.01 $ US
PMHP060HCN155 GHPU30SG 6"Pwr Pk TCAE-55-FT4 RGT
Godwin GHPU30 Slurry Gate 6"Hydraulic Power
Pack, JCB TCAE-55 Diesel Engine-Final Tier 4,
Road Going Trailer EA 43,411.59 $ US
PMHP060HCN156 GHPU30SG 6"PwrPk 4045TFC03-FT4 SB
Godwin GHPU30 Slurry Gate 6"Hydraulic Power
Pack, John Deere 4045TFC03 Diesel Engine-Final
Tier 4, Skid Based EA 45,813.85 $ US
PMHP060HCN157 GHPU30SG 6"PwrPk 4045TFC03-FT4 RGT
Godwin GHPU30 Slurry Gate 6"Hydraulic Power
Pack, John Deere 4045TFC03 Diesel Engine-Final
Tier 4, Road Going Trailer EA 46,483.38 $ US
PMHP080HCN144 GHPU50 8" Pwr Pk 4045HFC04-FT4 PG SB
Godwin GHPU50 8" Hydraulic Power Pack, John
Deere 4045HFC04 Diesel Engine-Final Tier 4,
Prime Guard Controller, Skid Based EA 75,423.17 $ US
PMHP080HCN145 GHPU50 8" Pwr Pk 4045HFC04-FT4 PG
RGT
Godwin GHPU50 8" Hydraulic Power Pack, John
Deere 4045HFC04 Diesel Engine-Final Tier 4,
Prime Guard Controller, Road Going Trailer EA 75,423.17 $ US PMHP080HCN146 GHPU50SG 8" Pwr Pk 4045HFC04-FT4 PG
SB
Godwin GHPU50 Slurry Gate 8" Hydraulic Power
Pack, John Deere 4045HFC04 Diesel Engine-Final
Tier 4, Prime Guard Controller, Skid Based EA 72,351.39 $ US PMHP080HCN147 GHPU50SG 8" Pwr Pk 4045HFC04-FT4 PG
RGT
Godwin GHPU50 Slurry Gate 8" Hydraulic Power
Pack, John Deere 4045HFC04 Diesel Engine-Final
Tier 4, Prime Guard Controller, Road Going Trailer EA 77,239.80 $ US PMHP120HCN116 GHPU90 12" Pwr Pk C7.1-FT4 PG SB
Godwin GHPU90 12" Hydraulic Power Pack,
Caterpillar C7.1 Diesel Engine-Final Tier 4, Prime
Guard Controller, Skid Based EA 118,641.31 $ US
PMHP120HCN114 GHPU90 12" Pwr Pk 6068HC08-FT4 PG SB
Godwin GHPU90 12" Hydraulic Power Pack, John
Deere 6068HC08 Diesel Engine-Final Tier 4, Prime
Guard Controller, Skid Based EA 122,566.25 $ US
20 333
Part # Product Name Product Description UOI GSA Net Price COO PMHP030HCN108 GHPU10(HS80) 3"PwrPk 3TNV80FSDSA
SB CS
Godwin GHPU10(HS80) 3"Hydraulic Power Pack,
Yanmar 3TNV80FSDSA Diesel Engine Skid Based,
Critically Silenced EA 34,498.49 $ US
PMHP040HCN156 GHPU10 4" PwrPk 3TNV88C-FT4 SB CS
Godwin GHPU10 4" Hydraulic Power Pack, Yanmar
3TNV88C Diesel Engine -Final Tier 4, Skid Based,
Critically Silenced EA 47,629.72 $ US
PMHP040HCN159 GHPU30(HS103)4"PwrPk 4LE2T-FT4 SB
CS
Godwin GHPU30 (HS103) 4"Hydraulic Power Pack,
Isuzu 4LE2T Diesel Engine -Final Tier 4, Skid
Based, Critically Silenced EA 51,040.81 $ US
PMHP060HCN176 GHPU30 6" PwrPk TCAE-55-FT4 SB CS
Godwin GHPU30 6" Hydraulic Power Pack, JCB
TCAE-55 Diesel Engine-Final Tier 4, Skid Based,
Critically Silenced EA 54,717.88 $ US
PMHP060HCN160 GHPU30 6"PwrPk 4045TFC03-FT4 SB CS
Godwin GHPU30 6"Hydraulic Power Pack, John
Deere 4045TFC03 Diesel Engine-Final Tier 4, Skid
Based, Critically Silenced EA 59,798.24 $ US
PMHP060HCN177 GHPU30SG 6" PwrPk TCAE-55-FT4 SB CS
Godwin GHPU30 Slurry Gate 6" Hydraulic Power
Pack, JCB TCAE-55 Diesel Engine-Final Tier 4,
Skid Based, Critically Silenced EA 60,284.13 $ US
PMHP060HCN162 GHPU30SG 6"PwrPk 4045TFC03-FT4 SB
CS
Godwin GHPU30 Slurry Gate 6"Hydraulic Power
Pack, John Deere 4045TFC03 Diesel Engine-Final
Tier 4, Skid Based, Critically Silenced EA 65,263.22 $ US PMHP080HCN148 GHPU50 8" Pwr Pk 4045HFC04-FT4 PG SB
CS
Godwin GHPU50 8" Hydraulic Power Pack, John
Deere 4045HFC04 Diesel Engine-Final Tier 4,
Prime Guard Controller, Skid Based, Critically
Silenced EA 101,200.50 $ US
PMHP120HCN117 GHPU90 12" Pwr Pk C7.1-FT4 PG SB CS
Godwin GHPU90 12" Hydraulic Power Pack,
Caterpillar C7.1 Diesel Engine-Final Tier 4, Prime
Guard Controller, Skid Based, Critically Silenced EA 150,645.34 $ US PMHP120HCN115 GHPU90 12" Pwr Pk 6068HC08-FT4 PG SB
CS
Godwin GHPU90 12" Hydraulic Power Pack, John
Deere 6068HC08 Diesel Engine-Final Tier 4, Prime
Guard Controller, Skid Based, Critically Silenced EA 155,266.25 $ US HSHY002050HQN 1/4" x 50' Hyd Hose 1/4" x 50' Hydrualic Hose With Push Connect EA 220.65 $ US
HSHY005050HQN 1/2" x 50' Hyd Hose 1/2" x 50' Hydraulic Hose with Push Connect EA 241.06 $ US
HSHY007050HTN 3/4" x 50' Hyd Hose 3/4" x 50' Hydaulic Hose W/Wingnut EA 729.97 $ US
HSHY010050HTN 1" x 50' 5000psi Hyd Hose 1" x 50' 5000psi Hydraulic Hose W/Wingnut EA 841.06 $ US
HSHY012050HTN 1-1/4" x 50' Hyd Hose 1-1/4" x 50' Hydraulic Hose W/Wingnut EA 1,739.55 $ US
HSHY015050HTN 1-1/2" x 50' Hyd Hose 1-1/2" x 50' Hydaulic Hose W/Wingnut EA 2,358.44 $ US
TRGLNA000008 Global Series 6 Trlr Kit (10379) Global Series 6 Trailer Kit (10379) EA 4,451.64 $ US
33421
Part # Product Name Product Description UOI GSA Net Price COO TRGL05000020 GL5 Drop Trl CS CD100/103 (9232) GL5 Drop Trl Critically Silenced CD100/103 (9232) EA 6,677.08 $ US
TRGL10000005 CD250/DPC300/HL5M GL10 Trailer (5705) CD250/DPC300/HL5M GL10 Trailer (5705) EA 10,749.37 $ US
TRGL06000003 GL6 Drop Trl CS CD150/HS150 (9233) GL6 Drop Trl Critically Silenced CD150/HS150 (9233)
EA 7,537.03 $ US
TRGL12000002 HS300/HL5M/6M SAE GL12 Trailer (7754) HS300/HL5M/6M SAE GL12 Trailer (7754) EA 13,544.58 $ US
TRGL10000030 GL 10 Drop In Tlr CD225/JD4045HFC04
SAE
GL 10 Drop In Tlr CD225/JDJohn Deere 4045HFC04
Diesel Engine SAE
EA 11,735.52 $ US
TRGL07000006 CD225 SAE GL7 Trailer (5954) CD225 SAE GL7 Trailer (5954) EA 8,156.68 $ US
TRGL12000001 CD300/HL130/HL225 GL12 Trailer (5769) CD300/HL130/HL225 GL12 Trailer (5769) EA 11,609.32 $ US
TRGL21000010 GL21 Drop In Trl HL260M/C18 (9623) GL21 Drop In Trl HL260M/Caterpillar C18 Diesel Engine (9623)
EA 21,348.36 $ US
TRGL16000000 GL16 Drop In Trailer (6999) GL16 Drop In Trailer (6999) EA 20,499.75 $ US
TRGL06000000 Wellpoint GL6 Trailer (5701) Wellpoint GL6 Trailer (5701) EA 7,738.04 $ US
TRGL05000002 CD100MV Drop In Trailer (6926) CD100MV Drop In Trailer (6926) EA 7,263.48 $ US
TRGL10000018 GL10 Drop In Tlr GRL200 SAE (9603) GL10 Drop In Tlr GRL200 SAE (9603) EA 10,833.25 $ US
TRGL14000005 GL14 Drop In Trailer HL130/C9 (9562) GL14 Drop In Trailer HL130/C9 (9562) EA 15,027.20 $ US
TRGL21000019 GL21 Drop In Trl CD300/TAD871 FT4 CS GL21 Drop In Trl CD300/TAD871 Final Tier 4, Critically Silenced EA 20,518.64 $ US
TRGL05000006 CD100M/150M CS SAE GL5 Trailer (5852) CD100M/150M Critically Silenced SAE GL5 Trailer (5852) EA 7,399.50 $ US
ACCP0019 Three Way Priming Valve Three Way Priming Valve EA 776.07 $ US
ACCE0025 PrimeGuard Controller PrimeGuard Controller
EA 1,770.53 $ US
22 335
Part # Product Name Product Description UOI GSA Net Price COO ACCE0024 PrimeGuard Auto Throttle PrimeGuard Auto Throttle EA 1,359.45 $ US
ACCE0005 Block Heater - 110 Volt Block Heater - 110 Volt EA 163.22 $ US
ACCE0004 Battery Charger - 12 Volt Trickle Battery Charger - 12 Volt Trickle EA 423.93 $ US
ACCE0030 Battery Charger - Solar Battery Charger - Solar EA 827.46 $ US
ACCE0006 Carb Registration Carb Registration
EA 1,208.31 $ US
ACCE0016 Electrical - 1750 Watt AC/DC Inverter Electrical - 1750 Watt AC/DC Inverter EA 1,208.31 $ US
ACCE0009 Single Gang (1) GFCI Duplex Receptacle Single Gang (1) GFCI Duplex Receptacle EA 384.63 $ US
ACCE0010 Double Gang (2) GFCI Duplex Receptacles Double Gang (2) GFCI Duplex Receptacles EA 504.79 $ US
ACCE0007 70AMP Circuit Breaker Panel 70AMP Circuit Breaker Panel EA 745.84 $ US
ACCB0045 60 Gallon Fuel Tank 60 Gallon Fuel Tank
EA 709.57 $ US
ACCB0006 Electric Brakes - 2" Ball Electric Brakes - 2" Ball EA 113.35 $ US
ACCB0002 Ball Hitch - 2-5/16" Ball Hitch - 2-5/16"
EA 173.05 $ US
ACCB0027 Spare Tire Spare Tire
EA 228.21 $ US
ACCB0037 Wheel Chock & Holder (set of 2) Wheel Chock & Holder (set of 2) EA 306.80 $ US
ACCB0062 (1) 12V Light Mounted Over PG w/Switch (1) 12V Light Mounted Over Prime Guard Controller, w/Switch EA 231.99 $ US
ACCB0020 (1) 12V Light Mounted Over PG w/Timer (1) 12V Light Mounted Over Prime Guard Controller, w/Timer EA 475.31 $ US
ACCB0018 (2) 12V Halogen Work Lights w/Switch (2) 12V Halogen Work Lights w/Switch EA 664.99 $ US
23 336
Part # Product Name Product Description UOI GSA Net Price COO ACCB0019 (4) 12V Halogen Work Lights w/Switch (4) 12V Halogen Work Lights w/Switch EA 1,329.22 $ US
ACCB0061 (2) 12V Halogen Work Lights w/Timer (2) 12V Halogen Work Lights w/Timer EA 786.65 $ US
ACCB0060 (4) 12V Halogen Work Lights w/Timers (4) 12V Halogen Work Lights w/Timers EA 1,258.19 $ US
ACCB0035 Lights - Red Strobe Lights - Red Strobe
EA 564.48 $ US
ACCB0036 Lights - Yellow Strobe Lights - Yellow Strobe
EA 564.48 $ US
CAPRMA011 Primeguard Pressure Transducer Primeguard Pressure Transducer EA 1,009.57 $ US
PMWP010GAN000 GWP-25HX 1" Wet Prime Dewater GX25 Godwin GWP-25HX 1" Wet Prime Dewatering Pump,GX25 EA 505.54 $ US
PMWP020GAN002 GWP-50HX 2" Wet Prime Water Pump GX120Godwin GWP-50HX 2" Wet Prime Water Pump, GX120 EA 878.84 $ US
PMWP030GAN002 GWP-80HX 3" Wet Prime Dewater GX160 Godwin GWP-80HX 3" Wet Prime Dewatering Pump, GX160 EA 1,055.67 $ US
PMWP040GAN001 GWP-100HX 4" Wet Prime Dewater GX240 Godwin GWP-100HX 4" Wet Prime Dewatering Pump, GX240 EA 1,906.55 $ US
PMWP020GAN001 GTP-50HX 2" Wet Prime Trash GX160 Godwin GTP-50HX 2" Wet Prime Trash Pump, GX160 EA 1,523.43 $ US
PMWP030GAN001 GTP-80HX 3" Wet Prime Trash GX240 Godwin GTP-80HX 3" Wet Prime Trash Pump, GX240 EA 2,158.19 $ US
PMWP040GAN000 GTP-100HX 4" Wet Prime Trash GX340 Godwin GTP-100HX 4" Wet Prime Trash Pump, GX340 EA 3,167.00 $ US
ESDW0005VA000 GSP05-1 Dewater 0.5HP 1P 115V 2" Godwin GSP05-1 Submersible Dewatering Pump, 0.5HP Electric Motor, 1P 115V, 2" EA 530.48 $ US
ESDW0005VA001 GSP05-2 Dewater 1/2HP 1P 230V 2" Godwin GSP05-2 Submersible Dewatering Pump, 1/2HP Electric Motor, 1P 230V, 2" EA 530.48 $ US
ESDW0010VA000 GSP10-1 Dewater 1HP 1P 115V 2" Godwin GSP10-1 Submersible Dewatering Pump, 1HP Electric Motor, 1P 115V, 2" EA 845.59 $ US
ESDW0010VA001 GSP10-2 Dewater 1HP 1P 230V 2" Godwin GSP10-2 Submersible Dewatering Pump, 1HP, 1P 230V, 2" EA 845.59 $ US
24 337
Part # Product Name Product Description UOI GSA Net Price COO ESDW0020VA000 GSP20-1 Dewater 2HP 1P 115V 3" *SEE TERMGodwin GSP20-1 Submersible Dewatering Pump, 2HP Electric Motor, 1P 115V, 3" EA 2,125.69 $ US
ESDW0020VA001 GSP20-2 Dewater 2HP 1P 230V 3" Godwin GSP20-2 Submersible Dewatering Pump, 2HP, 1P 230V, 3" EA 2,125.69 $ US
ESDW0020VC005 GSP20SL-1 Dewater 2HP 1P 115V 3" Godwin GSP20SL-1 Submersible Dewatering Pump, 2HP Electric Motor, 1P 115V, 3" EA 2,512.59 $ US
ESDW0020VC000 GSP20SL-2 Dewater 2HP 1P 230V 3" Godwin GSP20SL-2 Submersible Dewatering Pump, 2HP Electric Motor, 1P 230V, 3" EA 2,512.59 $ US
ESDW0020VC003 GSP20SL-4 Dewater 2HP 3P 230/460V Godwin GSP20SL-4 Submersible Dewatering Pump, 2HP Electric Motor, 3P 230/460V, 3" EA 2,512.59 $ US
ESDW0020VC004 GSP20SL-6 Dewater 2HP 3P 575V 3" Godwin GSP20SL-6 Submersible Dewatering Pump, 2HP Electric Motor, 3P 575V, 3" EA 2,512.59 $ US
CPCM1P0102500 Manual Control 1P Max:10Amp M25 Manual Control 1P Max:10Amp M25 EA 360.45 $ US
CPCA1P0062501 Auto Control Panel 1P Max:6Amp P25 Auto Control Panel 1P Max:6Amp P25 EA 1,072.29 $ US
CPCM1P0062500 Manual Control 1P Max:6Amp M25 Manual Control 1P Max:6Amp M25 EA 360.45 $ US
CPCA1P0062500 Auto Control 1P Max:6Amp M25 230V Auto Control 1P Max:6Amp M25 230V EA 1,281.61 $ US
CPCM1P0162500 Manual Control 1P Max:16Amp M25 Manual Control 1P Max:16Amp M25 EA 374.06 $ US
CPCA1P0162501 Auto Control 1P Max:16Amp M25 115V Auto Control 1P Max:16Amp M25 115V EA 1,215.11 $ US
CPCA1P0102500 Auto Control 1P Max:10Amp M25 230V Auto Control 1P Max:10Amp M25 230V EA 1,281.61 $ US
CPCM1P0252500 Manual Control 1P Max:25Amp M25 Manual Control 1P Max:25Amp M25 EA 374.06 $ US
CPCA1P0252500 Auto Control 1P Max:25Amp M25 115V Auto Control 1P Max:25Amp M25 115V EA 1,116.88 $ US
CPCA1P0162500 Auto Control 1P Max:16Amp M25 230V Auto Control 1P Max:16Amp M25 230V EA 1,281.61 $ US
CPCM3P0102500 Manual Control 3P Max:10Amp M25 MTP Manual Control 3P Max:10Amp M25 MTP EA 702.77 $ US
25 338
Part # Product Name Product Description UOI GSA Net Price COO CPCA3P0122904 Auto Control 3P Max:12AMP P29, 460V Bfrm Auto Control 3P Max:12AMP P29, 460V Bfrm EA 1,420.65 $ US
CPCM3P0042500 Manual Control 3P Max:4Amp M25 MTP Manual Control 3P Max:4Amp M25 MTP EA 702.77 $ US
CPCM3P0042501 Manual Control 3P Max:4Amp M25 MTP 575VManual Control 3P Max:4Amp M25 MTP 575V EA 874.31 $ US
CPCA3P0042501 Auto Control 3P Max:4Amp M25 575V Auto Control 3P Max:4Amp M25 575V EA 1,297.48 $ US
CPCM3P0652900 Manual Control 3P Max:32Amp P29 Manual Control 3P Max:32Amp P29 EA 1,327.71 $ US
CPCM3P0322902 Manual Control 3P Max:32Amp P29, 460V Manual Control 3P Max:32Amp P29, 460V EA 1,009.57 $ US
CPCM3P0703600 Manual Control 3P Max:70Amp P36 Manual Control 3P Max:70Amp P36 EA 1,972.29 $ US
CPCM3P0322905 Manual Control 3P Max:32Amp P29 460V
Dfr Manual Control 3P Max:32Amp P29 460V Dfr
EA 1,009.57 $ US
CPCM3P0653601 Manual Control 3P Max65Amp P36 460V
DFrm Manual Control 3P Max65Amp P36 460V DFrm
EA 1,336.02 $ US
CPCM3P1254800 Manual Control 3P Max:125Amp P48 Manual Control 3P Max:125Amp P48 EA 2,980.35 $ US
CPCM3P1004200 Manual Control 3P 63-100Amp P42 Manual Control 3P 63-100Amp P42 EA 2,840.55 $ US
CPCA3P0652900 Auto Control 3P Max:65Amps P29 230V
DFrm Auto Control 3P Max:65Amps P29 230V DFrm
EA 1,569.52 $ US
CPCA3P0322903 Auto Control 3P Max:32Amp P29, 460V
BFrm Auto Control 3P Max:32Amp P29, 460V BFrm
EA 1,448.61 $ US
CPCA3P0703600 Auto Control 3P Max:70 Amp P36 Auto Control 3P Max:70 Amp P36 EA 2,214.86 $ US
CPCA3P0322905 Auto Control 3P Max:32Amp P29,460V
DFrm Auto Control 3P Max:32Amp P29,460V DFrm
EA 1,569.52 $ US
CPCA3P0653601 Auto Control 3P Max:65Amps P36 460V
DFrm Auto Control 3P Max:65Amps P36 460V DFrm
EA 1,569.52 $ US
CPCA3P1254800 Auto Control 3P Max:125Amp P48 Auto Control 3P Max:125Amp P48 EA 3,344.58 $ US
339 26
Part # Product Name Product Description UOI GSA Net Price COO CPCA3P1600000 Auto Control 3P Max:160Amp NE Auto Control 3P Max:160Amp NE EA 3,344.58 $ US
CPCA3P2200000 Auto Control 3P Max:220Amp NE Auto Control 3P Max:220Amp NE EA 3,624.18 $ US
CPCA3P1004200 Auto Control 3P Max:100Amp P42 Auto Control 3P Max:100Amp P42 EA 3,092.19 $ US
CPVF3P0310302 Godwin 20HP VFD Godwin 20HP VFD CP W/CAGE 31AMP 460V R8 EA 18,600.00 $ US
CPVF3P0450302 Godwin 30HP VFD Godwin 30HP VFD CP W/CAGE 45AMP 460V R8 EA 20,335.01 $ US
CPVF3P0700302 Godwin 50HP VFD Godwin 50HP VFD CP W/CAGE 70AMP 460V R8 EA 23,886.65 $ US
CPVF3P0880302 Godwin 60HP VFD Godwin 60HP VFD CP W/CAGE 88AMP 460V R8 EA 24,767.76 $ US
CPVF3P1050302 Godwin 75HP VFD Godwin 75 HP Electric Motor, VFD CP W/CAGE 105AMP 460V R8 EA 25,555.92 $ US
CPVF3P1420302 Godwin 100HP VFD Godwin 100HP Electric Motor, Electric Motor VFD CP W/CGE 142AMP 460V R8 EA 28,299.75 $ US
CPVF3P1800302 Godwin 150HP VFD Godwin 150HP Electric Motor, VFD CP W/CGE 180AMP 460V R8 EA 31,769.77 $ US
CPVF3P2110302 Godwin 175HP VFD Godwin 175 HP Electric Motor, VFD CP W/CGE 211AMP 460V R8 EA 36,249.37 $ US
CPVF3P2420302 Godwin 200HP VFD Godwin 200HP Electric Motor, VFD CP W/CGE 242AMP 460V R8 EA 46,718.39 $ US
CPVF3P3700302 Godwin 300HP VFD Godwin 300HP Electric Motor, VFD CP W/CGE 370AMP 460V R8 EA 50,031.23 $ US
CPVF3P5150302 Godwin 400HP VFD Godwin 400HP Electric Motor, VFD CP W/CGE 515AMP 460V R8 EA 66,468.51 $ US
CPVF3P6010302 Godwin 500HP VFD Godwin 500HP VFD CP W/CGE 601AMP 460V R8 EA 70,237.78 $ US
CPVF3P7200302 Godwin 600HP VFD Godwin 600HP VFD CP W/CGE 720AMP 460V R8 EA 75,683.12 $ US
27340
From: Gerard Marquez
Qty Price Each Amount
3 $52,246.10 $156,738.30
1 $11,500.00 $11,500.00
Sales Tax
(8.50%) $13,322.76
$181,561.06
Gerard Marquez
Call Gerard Marquez @ mobile 916-416-2252 or email @ [email protected] w/questions per your request we're pleased to quote the following.
Description
CONTRACT: GSA 47QSMS24D00C6
SACRAMENTO, BENICIA, CA
SPARKS, NV
Pac Machine Company
Sacramento, CA 95826
Fax: (916)387-1380
To: Rick Paredez
Phone: (916) 387-1336
Date: 07.07.25
Of: City of Visalia
Email/Fax: [email protected]
Phone: 559 713 4273
Re: Godwin Portable Trailer Mounted Trash Pump with
Diesel tier 4 Engine
8570 23rd Avenue
Specifications attached
TOTAL:
Thank you very much for the opportunity to quote.
6" OPEN Diesel Engine Dri-Prime® Pumps
Godwin Dri-Prime CD150S Diesel Pump
6" 150# Flange Suction and Discharge
John Deere 4045TFC03 74HP Tier 4 Final Diesel Engine
60 Gallons Fuel Tank
Includes PrimeGuard Engine Controller
Road Going Trailer, Elec Brakes-3" Pintle
Lights-DOT Standard
PN: PMCD060DCN297
Delivery: 12-14 weeks, plus transit from NJ
Freight
341
From: Rick Paredez
To: Ben Litwack
Subject: FW: Pump quote
Date: Monday, March 31, 2025 12:45:14 PM
Attachments: image003.png
image004.jpg
image005.png
FYI
From: Ivory, Michael - Xylem <[email protected]>
Sent: Monday, March 31, 2025 12:31 PM
To: Rick Paredez <[email protected]>
Cc: Gerard Marquez <[email protected]>
Subject: RE: Pump quote
Hello Rick,
Thanks for reaching out for a pump price. PAC Machine is our exclusive distributor in Visalia, California, so we must honor that agreement with them and cannot quote you directly. I have copied Gerard Marquez with PAC on this email. I sure that he will be eager to assist you.
Thanks
Michael P Ivory
Director, Service Solutions – Business Development
84 Floodgate Road, Bridgeport, NJ 08014
m: +1 412 670 3247
Web | LinkedIn | X | Facebook | YouTube | Instagram
From: Rick Paredez <[email protected]>
Sent: Monday, March 31, 2025 1:47 PM
To: Ivory, Michael - Xylem <[email protected]>
Subject: Pump quote
Michael, I’m looking to get a Sorcewell or GSA quote for the pump in the attachment. Thank you.
Michael,
I’m looking to get a Sorcewell or GSA quote for the pump in the attachment.
Thank you.
342
CONFIDENTIALITY NOTICE: This e-mail, including any attachments and/or linked documents, is intended for the sole use of the intended addressee and may contain information that is privileged, confidential, proprietary, or otherwise protected by law. Any unauthorized review, dissemination, distribution, or copying is prohibited. If you have received this communication in error, please contact the original sender immediately by reply email and destroy all copies of the original message and any attachments. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Xylem Inc..
343
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0314 Agenda Date: 8/4/2025 Agenda #: 6.
Agenda Item Wording:
Park Pond Project Notice of Completion - Request authorization to file a Notice of Completion for the Plaza Park Pond Shoreline Replacement Project.
Prepared by:
Cody McLaughlin, Associate Engineer, [email protected], 713-4595 Rebecca Keenan, Senior Civil Engineer, [email protected], 713-4541 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Eng. & Bldg. Director, [email protected] 713-4495 Department Recommendation: Staff recommends that City Council authorize the filing of a Notice of Completion for the Plaza Park Pond Shoreline Replacement Project.
Summary:
The Plaza Park Pond Shoreline Replacement Project replaced the deteriorated concrete shoreline with a new reinforced concrete shoreline that provides a safer and beautified public recreation area.
The construction contract was awarded to Cal Valley Construction in the amount of $789,315.00 with the final project cost totaling $925,156.56 and was funded through the American Rescue Plan Act (ARPA) funding. Staff is requesting authorization to file a Notice of Completion for the Plaza Park Pond Shoreline Replacement Project.
Background Discussion:
The Plaza Park Pond is a facility that is located at Plaza Park. This facility is a pond that is accessed by the public for leisure and enjoyment. Over the approximate 50 years of the existing facility being in operation, the concrete shoreline perimeter of the pond experienced significant deterioration, cracking, and erosion. This is likely a result of aged concrete and soil settlement over the years.
In 2018, city staff began preparing a bid package for construction improvements on the pond shoreline. Due to construction costs and funding shortfalls, the project was not awarded for construction at the time. With the recent American Rescue Plan Act (ARPA) funding the City received, staff was able to update and reissue the bid package for construction in the fall of 2024.
The ARPA funding was provided through a federal stimulus bill to aid public health and economic recovery from the Covid-19 pandemic.
The scope of this project included the removal of the existing deteriorated and eroding concrete shoreline, re-establishment of the grading of the shoreline, installation of a new reinforced concrete shoreline perimeter, and repair of some cracking and erosion of concrete near the existing pedestrian bridge. In addition, the bid package included an alternate bid item to replace the liner along the bottom of the pond, which was implemented.
The improvements incorporated in this project enhanced the safety for users of the Plaza Park Pond by providing a newly installed and reinforced concrete shoreline that now provides a stable and Visalia City Council Page 1 of 3 Printed on 7/31/2025
powered by Legistar™344
File #: 25-0314 Agenda Date: 8/4/2025 Agenda #: 6.
by providing a newly installed and reinforced concrete shoreline that now provides a stable and secure perimeter around the pond. The completed project now provides a safer and beautified public recreation space for the community.
Fiscal Impact:
The Plaza Park Pond Shoreline Project was funded with ARPA and General Funds. The City Council awarded this contract to Cal Valley Construction at the 10/17/2024 council meeting in the amount of $789,315.00. City staff included a more conservative construction contingency amount for this project due to the age and existing state of the pond. The final Cal Valley construction cost included construction change orders for a total project cost of $925,156.56. The total construction change orders amounted to $138,841.56 (15%). The following is a breakdown of the construction change orders.
Utilities (UT) $ 4,701.13 0.5%
Balance of Quantities (BQ) $ -2,304.00 -0.25%
Unforeseen Conditions (UN) $ 136,444.43 14.75%
TOTAL: $138,841.56 15.0%
Utilities (UT):
The change in scope resulting from utility conflicts included the installation of a Valve Pipe Cap of an existing 4" water line and the extension of an existing inlet pipe that was uncovered.
Balance of Quantities (BQ):
Balance of Quantities included:
· An increase in decomposed granite installed at the top of the new shoreline. · A decrease in the amount of import fill earthwork used. · A decrease in construction notification signs used for the project.
Unforeseen Conditions (UN):
The change in scope due to unforeseen conditions included the removal of oversaturated thick and silty mud at the base of the pond that could not be navigated by labor or equipment without getting stuck and was not drying at a pace to complete work by the needed timeline. This thick silty mud ranged in depth from 2 feet to 4 feet and had to be removed and hauled off of the project site. During the excavation an old pond liner was found below this mud layer. The extra work also included the installation of a temporary drywell in order to manage existing saturation as well as control saturation from rain events during construction.
Fortunately, staff anticipated the possibility of finding unforeseen conditions on this project and a larger construction contingency was assigned to cover possible extra work. Originally these unforeseen conditions were estimated to be around $300,000.00, however staff and the contractor worked together to complete this work on a time and materials basis for a change order amount of $138,841.56, keeping the change orders within the original project contingency. The existing unforeseen project conditions as well as discovered unknown existing utility conflicts were resolved with the most suitable and cost-effective solutions possible. Refer to the Project Budget Summary below.
Plaza Park Pond Shoreline Replacement
Total Project Funding: $1,020,000
Project Costs
Visalia City Council Page 2 of 3 Printed on 7/31/2025
powered by Legistar™345
File #: 25-0314 Agenda Date: 8/4/2025 Agenda #: 6.
Plaza Park Pond Shoreline Replacement
Total Project Funding: $1,020,000
Project Costs
Construction Contract Amount: 789,315.00
Change Orders: $138,841.56
Materials Testing: $3,735.00
City Staff Time & misc.: $58,108.44
Total Project Construction Cost $990,000.00
Remaining Balance: $30,000
At this time the remaining balance is being kept with the project. The excavated thick and silty mud was hauled to the wastewater treatment plant temporarily during the project to expedite the site work.
Staff is currently working internally to finalize the cost to take this soil to the county landfill.
Prior Council Action:
10/17/2024
1. Awarded the construction contract with Cal Valley Construction for RFB 23-24-71, Plaza Park Pond Shoreline Replacement in the amount of $789,315.00; authorize additional appropriation of funds from the general fund in the amount of $450,000.0
2. Approve a $520,000 budget transfer from the Keyless Entry ARPA project to the Plaza Park Pond Shoreline project.
Other: NA
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):
I move to authorize the filing of a Notice of Completion for the Plaza Park Pond Shoreline Replacement Project.
Environmental Assessment Status: Categorical Exemption Completed CEQA Review: Categorical Exemption
Deadline for Action: 8/4/2025
Attachments:
Attachment A - Before and After Photos
Attachment B - Project Location Map
Visalia City Council Page 3 of 3 Printed on 7/31/2025
powered by Legistar™346
347
348
H
wy198
Hwy 99
Rd 86
S Plaza Dr
Rd 88
WCrowleyAve
WNobleAve
N Plaza Dr
WHillsdaleAve
N Neeley St
N Kelsey St
N Century St
S Ke sl ey St
WHillsdaleCt
N Ferne St
S Neeley St
S Plaza Dr
WHillsdaleAve
MILL
CREEK
N
.
Fork
PERSIAN
PERSIAN
¨
1inch=500feet
ATTACHMENTD-1
LOCATIONMAP
PROJECTSITE
349
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0319 Agenda Date: 8/4/2025 Agenda #: 7.
Agenda Item Wording:
Award Contract for Solids Handling Improvement Project - Authorize the City Manager to award a construction contract to WM Lyles in the amount of $13,744,000 for the Solids Handling Improvement Project at the Visalia Water Reclamation Facility.
Prepared by: Rehana Cale, Senior Project Manager (559) 713-4176, [email protected]; Ben Litwack, Public Works Manager (559) 713-4716, [email protected] Department Recommendation: Staff recommends that the City Council authorize the City Manager to award a contract to WM Lyles in the amount of $13,744,000 for RFB 24-25-11 - Solids Handling Improvement Project.
Summary:
The Solids Handling Improvement Project, CP0636, is estimated at $19,100,000, budgeted in Fiscal Year 2025/26. Construction, construction management, and materials testing services are included in this budget. The Request for Bids for the Solids Handling Improvement Project, RFB 24-25-11, was sent out on May 19, 2025 and the bid closing was July 16, 2025.
WM Lyles was determined to have submitted the lowest responsive bid of $13,744,000. Staff recommends awarding the construction contract to WM Lyles in the amount of $13,744,000.
Background Discussion:
The Water Reclamation Facility (WRF) has, and is currently, experiencing capacity and operational challenges in its solids handling processes due to aging infrastructure, existing and projected increased flows and constituent loadings, and operational limitations of existing systems. In response, the City contracted with Carollo in 2023 to conduct a condition assessment and development of both a near-term Facility Plan and a 20-year Master Plan. Carollo identified $70 million in near-term projects, including upgrades to sludge systems, UV disinfection capacity, and construction of a new anaerobic digester, with $24,760,000 recommended for immediate action. On June 26, 2024, Council adopted the updated Master Plan, that included these projects. On June 2, 2025, Council approved updates to the Fiscal Year 2025/26 Wastewater Capital Improvement Program (CIP) Budget and appropriated $24,760,000 from the Wastewater Fund (431).
RFB 24-25-11 for the Solids Handling Improvement Project was advertised beginning May 19, 2025 and the RFB closed on July 16, 2025. The project received the following 6 bids:
Proposer’s Name Location Total Bid Amount
WM Lyles Fresno, CA $13,744,000
GSE Construction Company Livermore, CA $13,993,100
Clark Brothers Inc Fresno, CA $14,749,000
Mountain Cascade Inc Livermore, CA $17,092,925
Thompson Builders Corp Novato, CA $18,255,000
Unified Field Services Corp Bakersfield, CA $19,756,845 Visalia City Council Page 1 of 3 Printed on 7/31/2025
powered by Legistar™350
File #: 25-0319 Agenda Date: 8/4/2025 Agenda #: 7.
Proposer’s Name Location Total Bid Amount
WM Lyles Fresno, CA $13,744,000
GSE Construction Company Livermore, CA $13,993,100
Clark Brothers Inc Fresno, CA $14,749,000
Mountain Cascade Inc Livermore, CA $17,092,925
Thompson Builders Corp Novato, CA $18,255,000
Unified Field Services Corp Bakersfield, CA $19,756,845 WM Lyle’s bid proposal was determined to be the lowest responsive bid and as part of the review process, the references they provided were verified. The references provided included the City of Imperial, CA, the City of Roseville, CA, and the Inland Empire Utilities Agency. These references were called by City staff with favorable responses from all parties. Additionally, WM Lyles and all of their listed subcontractors are properly licensed As a result, staff recommends that the construction contract be awarded to WM Lyles.
Fiscal Impact: The total cost of this contract with WM Lyles is $13,744,000, which will be funded through the Solids Handling Improvement Project CP0636 within the Wastewater Fund 431.
Prior Council Action: April 3, 2023 - Council approved a contract with Carollo to perform a Condition Assessment, Facility Plan, and Master Plan Update for the WRF.
December 18, 2023 - Council approved Contract with Carollo for engineering services related to the identified near-term projects.
December 18, 2023 - Council approved a request from the Goshen Community Services District to increase sewer discharge capacity.
February 20, 2024 - Council received a report and presentation on the Facility Plan, Condition Assessment, and Master Plan update for the WRF.
June 2, 2025 - Council approved updates to the Fiscal Year 2025/26 Wastewater Capital Improvement Program (CIP) Budget, and appropriated $24,760,000 from the Wastewater Fund (431). The Solids Handling Improvement Project, CP0636, was included in the budget update, comprising of $19,100,000 of the $24,760,000 budgeted for Fiscal Year 2025/26.
June 17, 2025 - Council approved a contract with NV5 for Construction Management and Materials Testing services for the Water Reclamation Facility’s Solids Handling Improvement Project in the amount of $1,243,847.69.
Other: N/A
Alternatives: None recommended.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to award a contract to WM Lyles in the amount of $13,744,000 for RFB 24-25-11 - Solids Handling Improvement Project.
Environmental Assessment Status: N/A
CEQA Review: Notice of exemption 2024-41 was prepared for the updated Master Plan and submitted on 9/6/2024, and received no responses.
Deadline for Action: 8/4/2025
Attachments:
Attachment 1: WM Lyles’s Bid Proposal
Visalia City Council Page 2 of 3 Printed on 7/31/2025
powered by Legistar™351
File #: 25-0319 Agenda Date: 8/4/2025 Agenda #: 7.
Attachment 2: RFB 24-25-11 Solids Handling Improvement Project Visalia City Council Page 3 of 3 Printed on 7/31/2025
powered by Legistar™352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
CITY OF VISALIA, CA
ENGINEERING AND BUILDING DEPARTMENT
ENGINEERING DIVISION
REQUEST FOR BID NO. 24-25-11
CONSTRUCTION SPECIFICATIONS
FOR CONSTRUCTION ON
WATER RECLAMATION FACILITY
SOLIDS HANDLING IMPROVEMENTS
IN
CITY OF VISALIA, CA
TULARE COUNTY
Bid Submittal Deadline: 2:00 P.M., on Thursday, June 26, 2025 Dated: May 2025
Volume 1 of 3
392
RFB No. 24-25-11
WATER RECLAMATION FACILITY SOLIDS HANDLING
IMPROVEMENTS
These project specifications contained herein have been prepared by or under the direction of Rehana Cale, Senior Project Manager.
CITY OF VISALIA
Rehana Cale, MBA, MPH
393
CITY OF VISALIA May 2025 i
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
TABLE OF CONTENTS Page No.
NOTICE TO CONTRACTORS................................................................................................................1 BID PROPOSAL.........................................................................................................................................5 SECTION 1 BID ITEM PROPOSAL SCHEDULE ..........................................................................5 SECTION 2 FORMS REQUIRED WITH BID .................................................................................7 SUBCONTRACTORS LIST....................................................................................................................22 CONTRACTOR’S REFERENCE FORM .............................................................................................24 BIDDERS BOND ......................................................................................................................................26 CONTRACT..............................................................................................................................................28 CONTRACT BOND FORMS..................................................................................................................33 STANDARD SPECIFICATIONS ...........................................................................................................41 SPECIAL PROVISIONS SECTIONS 60-80..........................................................................................42 SECTION 60 JOB SPECIFIC PROVISIONS ...................................................................................42 60-1 Bid Proposal...........................................................................................................................42 60-2 Subcontracting .......................................................................................................................42 60-3 Prevailing Wages ...................................................................................................................42 60-4 Beginning of Work.................................................................................................................43 60-5 Liquidated Damages ..............................................................................................................43 60-6 Project Size ............................................................................................................................43 60-7 Potholing................................................................................................................................43 60-8 Environmental Mitigation & Requirements...........................................................................44 60-9 City-Furnished Materials .......................................................................................................44 60-10 Coordination of Work ............................................................................................................44 60-11 Surface Water Management...................................................................................................44 60-12 Payment for Items Not Covered by Specific Bid Items.........................................................45 60-13 City Standard Specification Sections – State Standards Updates..........................................45 60-14 Payment for Extra Work ........................................................................................................45 60-15 Standard Specification Amendments.....................................................................................48 60-16 Copies of Plans and Construction Specifications...................................................................48 60-17 Department of Industrial Relations Requirements, Public Works Contractor Registration Program and Project Labor Agreements................................................................................48 SECTION 61 DESCRIPTION OF BID ITEMS ................................................................................49 ATTACHMENTS:
1. City of Visalia Labor Compliance Manual
2. City of Visalia Engineering Standard Specifications
3. COV Engineering Standard Specification Amendments
4. Geotechnical Engineering Investigation Report, BSK Associates, December 2024
5. Sample Final Payment Affidavit
6. Applicable Prevailing Wages
7. Volume 2: Technical Specifications
8. Volume 3: Drawings
394
CITY OF VISALIA May 2025 ii
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN 395
CITY OF VISALIA May 2025 1
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
CITY OF VISALIA
STATE OF CALIFORNIA
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received at the office of the Purchasing Division, City Hall West, 707 W.
Acequia, Visalia, California 93291, until 2:00 P.M. on Thursday, June 26, 2025, for furnishing materials, supplies, equipment and labor for performing the work as specified in the approved Plans, the Standard Specifications, the Construction Specifications and other Contract Documents for the following project:
Project Name: CONSTRUCTION OF SOLIDS HANDLING IMPROVEMENTS
AT VISALIA WATER RECLAMATION FACILITY
RFB No.: 24-25-11
Bids are required for the entire work, complete and in place. Bids may be shipped or delivered as specified in Section 60, Special Provisions.
TIME OF COMPLETION: 310 working days as specified in Section 60-4 of the specifications.
MANDATORY PRE-BID MEETING: Mandatory Pre-Bid meetings have been scheduled for this project. Bidder (Prime Contractor) attendance at one (1) of the pre-bid meetings is required in order to be eligible to submit a bid on the project. Meetings will be held at the jobsite: Water Reclamation Facility, 7579 Avenue 288, Visalia, CA, as follows:
Tuesday, June 3, 2025 at 8:30am
and
Thursday, June 5, 2025 at 8:30am
QUESTIONS: Direct questions regarding this Project to the Purchasing Department, by emailing [email protected]. Questions must be received by 4:00 p.m. on Thursday, June 12, 2025.
ENGINEER’S ESTIMATE: The probable construction cost is estimated to be: $19,000,000.
TO OBTAIN SPECIFICATIONS AND BID DOCUMENTS: Plans, forms of proposals, bonds, and other contract documents may be requested from the office of the Purchasing Division, 707 W. Acequia, Visalia, California 93291, by telephone (559) 713-4334, or by email: [email protected].
If documents do not exceed our email capacity, they will be emailed to the requestor. Otherwise, plans may be downloaded via the City’s file share drive link which will be provided to requestors. A copy of the plans and bidding documents are also available at various builders’ exchanges.
If electronic documents (USB) are requested to be shipped overnight via Fed-ex, the Contractor will be responsible for all shipping charges incurred and will be billed by the shipping company directly.
The City of Visalia has Engineering Standard Specifications, Construction Specifications, Bidding Documents, Engineering Design & Improvement Standards, Landscape Standard Specifications, and Landscape Standard Plans. The Bidder shall thoroughly review all documents prior to submitting a bid.
No bid will be considered unless it is made on a proposal form furnished by the City of Visalia. The following documents must be completed and submitted with the bid, unless stated otherwise in that individual document.
396
CITY OF VISALIA May 2025 2
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
Complete and Submit the following with Sealed Bid:
• Section 1 (pgs. 5-6 of RFB document)
Bid Proposal and Acknowledgement of Addenda
• Section 2 Required Bid Proposal Forms (pgs. 7-21of the RFB document) Public Contract Code Questionnaire
Bidder’s Statement on Previous Contracts Subject to EEO Clause Equal Employment Opportunity Compliance Certificate
Clean Air and Water Pollution Control Certificate
Non-Collusion Affidavit
Workers Compensation Compliance Certificate
Drug Free Workplace Certification
Disclosure Statements
Certification of Anti-kickback Compliance
Americans With Disabilities Act Compliance Certificate
Certificate of Non-Segregated Facilities
Iran Contracting Certification
Bid Proposal Contract,
• Additional Required Forms and Documents (pgs. 22 – 27 of the RFB document) Subcontractor List,
Contractor’s Reference Form,
Bidders Bond/Bid Security,
All Addenda issued during the bidding process must be signed and submitted with the bid document.
Depending on the nature of the project, other documents may be included by the City and shall be completed in all respects and submitted by the bidder with the bid or as otherwise indicated by the City.
BIDDER’S BOND: Each bid must be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City of Visalia for an amount equal to at least ten percent (10%) of the amount of bid, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.
All bids are to be compared on the basis of the Engineer’s estimate of the quantities of work to be done as shown in the bid proposal form. No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of Chapter 9 of Division 3 of the State of California Business and Professions Code. This project requires the Contractor to have a Class A license.
Contractor shall have experience constructing at least two projects of similar size and scope within the past five years which shall be included in the list of Contractor’s References. Upon request, contractor shall provide documentation with proof of experience.
All Contractors and/or subcontractors shall be required to obtain a City of Visalia Business Tax Certificate.
No payment will be made to any Contractor until such license is obtained.
The special attention of prospective bidders is called to Section 2 "Proposal Requirements and Conditions" of the Standard Specifications, for full directions as to bidding, etc.
PUBLIC WORKS PROJECT: Bidders/Contractors must be registered with the State of California Department of Industrial Relations in compliance with SB854 which states: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this 397
CITY OF VISALIA May 2025 3
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
Awarded Contractor will be required to furnish electronic payroll records for project to the Labor Commissioner.
This project is subject to payment of State prevailing wages, monitoring by the Labor Commissioner, DIR Registration and other requirements listed in the City of Visalia Labor Compliance Manual.
Per California Labor Code, the following statements are hereby incorporated into RFB 24-25-11:
As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the COV. Proof of registration for each contractor and subcontractor listed on the bid is required.
As set forth in CLC section 1771.4(a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.
As set forth in CLC section 1773, the COV shall obtain the general prevailing rate per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. In accordance with labor code section 1773.2, this information is to be included in the bid specifications and in the contract itself.
This project will be subject to all applicable State Wage Determinations. The Contractor will be responsible for paying wages from the State Wage Determinations for all trades. The wages are set forth in the General Prevailing Wage Rates for this project, available at City of Visalia address and available from the following website links: http://www.dir.ca.gov/dlsr/PWD/index.htm.
In accordance with the provisions of Section 1770 of the Labor Code, the Director of the Department of Industrial Relations of the State of California has ascertained the general prevailing rate of wage: and employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided in Section 1773.8, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to the work to be done. These rates shall be a part of the Contract and are on file in the office of the City Engineer and will be made available to any interested person on request. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.
Pursuant to Section 22300 of the California Public Contract Code (Section 10263 of the Public Contract Code for State Agencies), the Contractor may substitute securities for any money held by the Owner to insure performance of the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Owner or with a State or federally chartered banks as an escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to written agreement in accordance with the provisions of Section 22300. The Owner shall not certify that the contract has been completed until at least 35 days after filing by the Owner of a Notice of Completion. Securities eligible for investment under this Section shall be limited to those listed in Section 16430 of the California Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon by the Contractor and the public agency. 398
CITY OF VISALIA May 2025 4
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.
This project is subject to payment of State prevailing wages, monitoring by the Labor Commissioner, DIR Registration and other requirements listed in the City of Visalia Labor Compliance Manual.
THE CITY HEREBY AFFIRMATIVELY ENSURES that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
The City of Visalia reserves the right to reject any or all bids.
CITY OF VISALIA
Rehana Cale
Project Manager
399
CITY OF VISALIA May 2025 5
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
BID PROPOSAL
SECTION 1 BID ITEM PROPOSAL SCHEDULE
FROM: CONTRACTOR
Company Name of Bidder
Bids are required for the entire work complete and in place. Contractor must fill out all portions of Bid Proposal Form, including the Base Bid Schedule.
For improvement of:
RFB No.: 24-25-11
Project Name: CONSTRUCTION OF SOLIDS HANDLING IMPROVEMENTS AT VISALIA’S WATER RECLAMATION FACILITY
To the City Clerk of the City of Visalia:
The undersigned as bidder declares that he has carefully examined the location of the proposed work, that he has examined the plans and specifications and read the accompanying instructions to bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all materials and do all the work required to complete said work in accordance with said Plans, if any, Standard Specifications, Construction Specifications and Contract Documents in the time and manner therein prescribed, for the unit price or lump sum price set forth in the following Bid Schedule:
ITEM NO. DESCRIPTION OF WORK LUMP SUM PRICE
($)
1 Mobilization & Demobilization
2 Temporary Excavation Support
3 Water Pollution Prevention
4 TWAS Bypass System
5 TWAS Pipe Cleaning and Inspection
6 TWAS Cleanouts
7 Screw Press System
8 Polymer Storage Area
9 Sludge Drying Bed Site Civil
10 Sludge Drying Bed Foundation and Structure
11 Sludge Drying Bed Yard Piping
12 Digester Cleaning Pond Site Civil
13 Digester Cleaning Pond Foundation and Structure
14 Digester Cleaning Pond Yard Piping and Quick Connection Pad 15 Digester Cleaning Pond Inlet and Outlet Structures
16 Project Commissioning and Start-Up
TOTAL BID AMOUNT ($) = _______________________
400
CITY OF VISALIA May 2025 6
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
All bids will be checked for accuracy. In case of a discrepancy between unit price and total, the unit price shall prevail.
LOWEST BIDDER will be determined by the lowest TOTAL BID AMOUNT.
The Contract, if awarded, will be to the lowest bidder whose bid the City deems both responsive and responsible and complies with all the requirements described. Contractor shall have experience constructing at least two projects of similar size and scope within the past five years and include this information under Contractor’s References section of bid. Upon request, contractor shall provide documentation with proof of experience.
If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to deliver the payment and performance bonds in the sums to be determined as aforesaid, with surety satisfactory to the City of Visalia, and to deliver all required insurance policies within ten (10) days, not including Sundays and legal holidays, after the bidder has received notice that the contract has been awarded, the City Council may, at its option, determine that the bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Visalia.
Bidder acknowledges receipt of the following addenda:
No. , dated , 20___
No. , dated , 20___
No. , dated , 20___
No. , dated , 20___
No. , dated , 20___
No. , dated , 20___
401
CITY OF VISALIA May 2025 7
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
SECTION 2 FORMS REQUIRED WITH BID
Public Contract Code Section 10162 Questionnaire
In accordance with Public Contract Code Section 10162, the Bidder hereby completes, under penalty of perjury, the following questionnaire:
Has the bidder, or any office of the bidder, or any employee who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes______ No______
If the answer is yes, explain the circumstances in the following space:
Public Contract Code Section 10232 Statement
In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Questionnaire and Statement are a part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature, under penalty of perjury, of this Questionnaire and Statement.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 402
CITY OF VISALIA May 2025 8
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
Bidder’s Statement on Previous Contracts
Subject to Equal Employment Opportunity Clause
(Executive Order 11246)
THIS FORM IS TO BE COMPLETED BY BIDDER AND SUBMITTED WITH BID The BIDDER shall complete the following statement:
The BIDDER _________________________________________________, proposed subcontractor _________________________________________, hereby certifies that he has_____, has not _____ participated in a previous contract subject to the Equal Employment Opportunity Clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, of the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
The BIDDER has _____ has not _____ submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and representations indicating submission of required compliance reports signed by proposed SUBBIDDERs will be awarded prior to award of subcontracts.
If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100, “Employee Information Report EEO-I” prior to award of the contract.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
Company: ________________________________________________________ Business Address: _________________________________________________ Signature: ________________________________________________________ Name: __________________________________________________________ Title __________________________________________________________ Date: ___________________________________________________________ The Awarded Bidder shall obtain and keep on file, a copy of this form completed and signed by each of his/her subcontractors listed for this project.
The City reserves the right to ask the Awarded Contractor for the subcontractors completed forms at any time.
403
CITY OF VISALIA May 2025 9
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
Equal Employment Opportunity Compliance Certificate
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:
1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.
3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.
4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.
5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law. 404
CITY OF VISALIA May 2025 10
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.
Company: ____________________________________________________ Business Address: ______________________________________________ Signature: _____________________________________________________ Name ______________________________________________
Title ______________________________________________
Date: ______________________________________________
405
CITY OF VISALIA May 2025 11
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
Clean Air and Water Pollution Control Certification
(AIR 42 U.S.C. § 7401 et seq., 40 CFR Part 15.61, 49 CFR Part 18; WATER: 33 U.S.C. § 1251)
BIDDER agrees that any facility to be used in the performance of the contract, or to benefit from the contract, is not listed on the Environmental Protection Agency List of Violating Facilities.
BIDDER also agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. relating to the inspection, monitoring, entry, reports and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder.
BIDDER agrees that as a condition for award of the contract, the BIDDER will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of, or benefit from, the contract is under consideration to be listed on the EPA List of Violating Facilities.
Company: ____________________________________________________ Business Address: ______________________________________________ Signature: _____________________________________________________ Name ______________________________________________
Title ______________________________________________
Date: ______________________________________________
406
CITY OF VISALIA May 2025 12
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
Non-Collusion Affidavit
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code section 112 and Public Contract Code 7106 the bidder declares that bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
__________________________________________ ________________________ Signature Date
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 407
CITY OF VISALIA May 2025 13
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
Certification Concerning Worker's
Compensation Insurance
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Date:
Signature:
408
CITY OF VISALIA May 2025 14
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
409
CITY OF VISALIA May 2025 15
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
DISCLOSURE STATEMENTS
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company:
1. submitting a bid or proposal in response to a solicitation by City of Visalia; or
2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.
OWNERSHIP DISCLOSURE
_________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company _________________________________________________________________ Address
List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
_____________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________
CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also known as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.
The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____ If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:
Council Member(s) Name Date of Contribution(s)
______________________________ ________________________ Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.
NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
_________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company __________________________________________ ____________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual 410
CITY OF VISALIA May 2025 16
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
Certification of Anti-Kickback Compliance
(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c)) By submission of a Bid, the BIDDER certifies that it has read the “Anti-Kickback Procedures,” referenced above and that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in that provision, relating to the award of the Contract. By commencing performance of the Contract work, the selected BIDDER certifies to Anti-Kickback Compliance.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
411
CITY OF VISALIA May 2025 17
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
Americans with Disabilities Act Compliance Certificate
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
412
CITY OF VISALIA May 2025 18
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
Certificate of Nonsegregated Facilities
(Bidders/Subcontractors)
1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.
2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.
3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
a. Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
b. Retain such certifications in its files; and
c. Forward this certification and the following notice to the proposed SUBCONTRACTORs:
NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT
FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semi-annually, or annually).
4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.
Company:
Business Address:
Signature:
Name:
Title:
Date:
413
CITY OF VISALIA May 2025 19
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
Iran Contracting Act Certification
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct.
Please check one:
___ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ___ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ___ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).
Signature:____________________________________ Printed Name:_________________________ Title:______________________________________ Agency Name:_____________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
414
CITY OF VISALIA May 2025 20
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
Bid Proposal Contract
Accompanying this proposal is $________________________ cash, cashier's check, certified check, or bidder's bond in the amount equal to at least ten percent (10%) of the total bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, director and manager thereof and all stockholders owning more than 10% equity interest in corporation; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last name in full.
______________________________________________________________________________ Print Name of Corporation or True Name of Firm
______________________________________________________________________________ Print Officer’s Name or Copartner’s Name and Title
______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title Licensed in accordance with an act providing for the registration of Contractors, License No.______________________, Class of License(s) _____________________________, License Expiration Date _____________________________________.
Department of Industrial Relations Registration No. _____________________________________.
The representations made herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the City of Visalia.
Signature of Authorized Person(s)
______________________________________________________________________________ Signature Title
______________________________________________________________________________ Print Name
415
CITY OF VISALIA May 2025 21
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the partner or partners authorized to sign contracts on behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
________________________________________________________________________ Business Address
_______________________________________________________________________ Street Address City State Zip Code
Business Telephone Number ( )_____________________________ Place of Residence _______________________________________ Dated: _______________ E-mail
416
CITY OF VISALIA May 2025 22
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
SUBCONTRACTORS LIST
In accordance with the provisions of Section 2-8 “Designation of Subcontractors,” of the Standard Specifications, each bidder shall list below the name and location of place of business of each subcontractor who will perform a portion of the contract work in an amount in excess of one-half of one percent of the total contract price or $10,000, whichever is greater. In each instance, the nature and extent of the work to be sublet shall be described.
The general Contractor to whom the contract is awarded will not be permitted, without the written consent of the Engineer, to substitute any person as subcontractor in place of the subcontractor designated in the original bid, or to permit any subcontract to be assigned or transferred, or to allow it to be performed by anyone other than the original subcontractor. The Engineer may consent to the substitution of another person as subcontractor, if the original subcontractor, after having reasonable opportunity to do so, shall fail or refuse to execute, when said written contract is based upon the conditions of the general contract and complies with the subcontractor's written bid.
The failure of the Contractor to specify a subcontractor for any portion of the contract work in excess of one-half of one percent or $10,000 of the total contract price shall be deemed to indicate that the Contractor intends to perform such portion himself. The subletting or subcontracting of work for which is in excess of one-half of one percent or $10,000 of the total contract price, will be allowed only with the written consent of the Engineer.
Complete Columns 1 and 4 and submit with the bid. Complete columns 2 and 3 and submit with the bid or fax to (559) 713-4801 within twenty-four (24) hours after the bid opening. Failure to provide complete information in Columns 1 through 4 within the time frame described may result in a non-responsive bid.
See the following page for the SUBCONTRACTORS LIST table.
In Column 1 the Contractor shall also list the Subcontractor’s Department of Industrial Relations (DIR) Registration Number. This registration number is required to comply with California Labor Code provisions including section 1725.5.
417
CITY OF VISALIA May 2025 23
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
SUBCONTRACTORS LIST
BIDDING AGENCY:________________________________________________ Column 1
Business Name Location,
Email Address,
Contractor License Number & Class
of License, DIR Registration
Number,
Column 2
Bid Item No(s).
Column 3
A) Subcontracted
Cumulative
Dollar Amount
B) Subcontracted
Percent of total
project
Column 4
Description of
Subcontracted Work
418
CITY OF VISALIA May 2025 24
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SUBMIT WITH BID
CONTRACTOR’S REFERENCE FORM
Name of Proposing Company
Representative Name and Title
Phone Number & E-mail
THIS FORM IS TO BE SUBMITTED WITH BID.
The City reserves the right to require any Contractor to complete and submit this form at any time.
References must not be relatives of the Contractor’s representative or owners. The references given must be for clients with projects similar in size and nature to the proposed project within the last five years. See Section 2-14 “Contractor Qualification Requirements,” for further instructions.
Reference 1
Client’s name
Description of device/project and total
project cost
Contact Person
Address
City and Zip Code
Phone Number
E-mail Address
Reference 2
Client’s name
Description of device/project and total
project cost
Contact Person
Address
City and Zip Code
Phone Number
E-mail Address
Reference 3
Client’s name
Description of device/project and total
project cost
Contact Person
Address
City and Zip Code
Phone Number
E-mail Address
419
CITY OF VISALIA May 2025 25
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
Reference 4
Client’s name
Description of device/project and total
project cost
Contact Person
Address
City and Zip Code
Phone Number
E-mail Address
Reference 5
Client’s name
Description of device/project and total
project cost
Contact Person
Address
City and Zip Code
Phone Number
E-mail Address
420
CITY OF VISALIA May 2025 26
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
BIDDERS BOND
TO ACCOMPANY BID PROPOSAL
Known all men by these presents:
That we, _______________________________________________ as principal, and ________________________________________ as surety, are held and firmly bound unto the City of Visalia in the sum of ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors, or assigns, jointly and severally, firmly by these presented.
In no case shall the liability of the surety hereunder exceed the sum of $____________________.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certain construction specifically described as follows, for which bids are to be opened at ________________________ on ______________________________ for improvement of:
RFB No.: 24-25-11
Project Name: WATER RECLAMATION FACILITY SOLIDS HANDLING IMPROVEMENTS NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and virtue.
421
CITY OF VISALIA May 2025 27
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
BIDDER'S BOND
In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _____________________ day of _____________________________20_____. _______________________________________(Seal)
_______________________________________(Seal)
_______________________________________(Seal)
_______________________________________(Seal)
_______________________________________(Seal)
_______________________________________(Seal)
Surety
_____________________________________________
Address
_____________________________________________
City and Zip Code
NOTE: Signatures of those executing for the surety must be properly acknowledged. 422
CITY OF VISALIA May 2025 28
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
CONTRACT
CITY OF VISALIA
STATE OF CALIFORNIA
This Contract for the construction of the WATER RECLAMATION FACILITY SOLIDS HANDLING IMPROVEMENTS Project, is made between the City of Visalia, (hereinafter “the City”), and _______________________________________, (hereinafter referred to as Contractor) both parties having authority to enter into this Contract do agree to the following:
ARTICLE I - For and in consideration of the payments hereinafter mentioned to be made by the City, and under the conditions expressed in this Contract and Contract Documents (as those terms are defined in City of Visalia Standard Specifications), including the bonds submitted with this Contract, Contractor agrees at his own cost and expense, to do all the work and furnish all the materials necessary to construct and complete in a good, workmanlike, and substantial manner the WATER RECLAMATION FACILITY SOLIDS HANDLING IMPROVEMENTS Project, as a fully operational and functional facility for the intended purpose in accordance with the Contract Documents, and in accordance with the reference documents listed in the Contract Documents, which are also made a part hereof.
Said work to be done is shown upon the following plans:
RFB No.: 24-25-11
Project Name: CONSTRUCTION OF SOLIDS HANDLING IMPROVEMENTS PROJECT AT VISALIA’S WATER RECLAMATION FACILITY
CIP:
which said plans are hereby made a part of this contract.
ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work described in this Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Visalia and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, and requirements of the Engineer under them, to wit:
423
CITY OF VISALIA May 2025 29
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
This area to be reserved for insertion of the final bid item table complete with the awarded contractor’s final bid amounts.
424
CITY OF VISALIA May 2025 30
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
ARTICLE III - Contractor hereby agrees to indemnify and hold City and its officers, agents, employees and assigns, and Design Engineer harmless from any liability imposed for injury (as defined by Government code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of Contractor, or of anyone acting under Contractor's direction or control or on its behalf, in connection with or incident to or arising out of the performance of this contract.
It is the intent of the parties that Contractor will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.
The Contractor shall continuously protect City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the contract, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties.
This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.
In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of Visalia in any emergency, the Contractor shall unconditionally comply therewith.
With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below.
Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.
Commercial General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and Contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Such insurance shall (a) name City, its appointed and elected officials, officers, employees and agents, and Design Engineer as insureds; and (b) be primary 425
CITY OF VISALIA May 2025 31
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
with respect to any insurance or self-insurance programs maintained by the City; and (c) contain Standard cross liability provisions. Such additional insured endorsement maintained by Contractor and its subcontractors shall not be required to provide coverage for City for the active negligence of City.
Contractor shall require Contractor's insurance carriers to waive all rights of subrogation against Owner, Engineer, Engineer's Consultants, and their respective officers, directors, partners, employees, and agents.
Commercial Automobile Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles and shall be provided by a business automobile policy.
Contractor shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:
a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;
b. Indicate whether coverage provided is on a claims made or occurrence basis; and c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to City’s Purchasing Division, Attention:
Purchasing
707 W. Acequia Avenue
Visalia, CA 93291.
Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claims made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date. Contractor shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when Contractor has a claims made form(s). If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damages from the Contractor resulting from said breach.
Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.
This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable. 426
CITY OF VISALIA May 2025 32
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
ARTICLE IV - It is further expressly agreed by and between the City and the Contractor that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting with this instrument.
Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date opposite their respective signatures.
CITY OF VISALIA
____________________________ _______
City Manager Date
CONTRACTOR
______________________________________
By: Authorized Agent Date
______________________________________
Print Name, Title
APPROVED AS TO FORM:
____________________________ _______
City Attorney Date
____________________________ _______
Risk Manager Date
____________________________ _______
Project Manager Date
427
CITY OF VISALIA May 2025 33
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
CONTRACT BOND FORMS
428
CITY OF VISALIA May 2025 34
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
CITY OF VISALIA
PAYMENT BOND
(To Accompany Contract)
Bond No. ____________________
WHEREAS, the City of Visalia, has awarded to Contractor _____________________________________________ _________________________, hereafter designated as the “Principal”, a contract for the work described as follows:
____________________________________________________________________________________________, referred to hereafter as “Contract.”
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons as provided by law.
NOW, THEREFORE, we the undersigned Principal and _____________________________________________, referred to as “Surety” are bound unto the City of Visalia in the sum of $___________________________________ ________________________________________________ dollars ($ ___________________________), for which payment, we bind ourselves, jointly and severally.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 9100, or amounts due under the California Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid pursuant to the California Revenue and Taxation Code for the wages of employees of the Principal and his subcontractors, with respect to such work and labor, that the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attorney’s fee to be fixed by the court.
This bond shall inure to the benefit of any of the persons, companies, or corporations, named in Civil Code Section 9100 as to give a right of action to such persons, entities, or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications.
Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.
IN WITNESS WHEREOF, We have hereunto executed this instrument on the date indicated below. Persons signing for a corporation or entity hereby represent that they are doing so pursuant to a grant of authority by the governing body.
_________________________________ _______ _________________________________ _______ Name of Principal Date Name of Surety Date
_________________________________ _________________________________ Signature for Principal Signature for Surety
_________________________________ _________________________________ Printed Name and Title Printed Name and Title
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
___________________________
___________________________
___________________________
NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety’s Power of Attorney must be attached.
429
CITY OF VISALIA May 2025 35
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
CERTIFICATE OF ACKNOWLEDGEMENT
State of California
County of ________________________________________ SS
On ____________ ___________________ before me _________________________________________________, personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to the be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(SEAL) Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
430
CITY OF VISALIA May 2025 36
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
CITY OF VISALIA
PERFORMANCE BOND
(To Accompany Contract)
Bond No. ____________________
WHEREAS, the City of Visalia, has awarded to Contractor _____________________________________________ _________________________, hereafter designated as the “Principal”, a contract for the work described as follows:
_____________________________________________________________________________________________, referred to hereafter as “Contract.”
AND WHEREAS, said Principal is required to furnish a bond in connection with the above Contract, guaranteeing the faithful performance thereof:
NOW, THEREFORE, we the undersigned Principal and ______________________________________________, referred to as “Surety” are held firmly bound to the City of Visalia in the sum of $ ___________________________ _________________________________________________ dollars ($ ______________________________), to be paid to said City or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof, made as therein provided, on it or their part to be kept and performed within the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless the City of Visalia, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications. Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.
IN WITNESS WHEREOF, We have hereunto executed this instrument on the date indicated below. Persons signing for a corporation or entity hereby represent that they are doing so pursuant to a grant of authority by the governing body.
_________________________________ _______ _________________________________ _______ Name of Principal Date Name of Surety Date
_________________________________ _________________________________ Signature for Principal Signature for Surety
_________________________________ _________________________________ Printed Name and Title Printed Name and Title
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
___________________________
___________________________
___________________________
___________________________
NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety’s Power of Attorney must be attached.
431
CITY OF VISALIA May 2025 37
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
CERTIFICATE OF ACKNOWLEDGEMENT
State of California
County of ________________________________________ SS
On ____________ ___________________ before me _________________________________________________, personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to the be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(SEAL) Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
432
CITY OF VISALIA May 2025 38
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
CITY OF VISALIA
MAINTENANCE BOND
(To Accompany Contract)
Bond No. ____________________
WHEREAS, The City of Visalia, has awarded to Contractor ____________________________________________ _________________________, hereafter designated as the “Principal”, a contract for the work described as follows:
_____________________________________________________________________________________________, referred to hereafter as “Contract.”
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, guaranteeing the correction of deficiencies during the specified maintenance period of one (1) year from the date the notice of completion for work performed under said contract has been recorded or the date the work was completed if no notice of completion is recorded:
NOW, THEREFORE, we the undersigned Principal and ______________________________________________, referred to as “Surety” are held firmly bound to the City of Visalia in the sum of $___________________________ __________________________________________________ dollars ($ _____________________________), to be paid to City of Visalia or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, the named Principal has made specific guarantees to the City concerning the work, labor and materials furnished for the construction of said improvements as stated above. If Principal complies with these guarantees for a period of one (1) year from the date of the notice of completion for work performed under said contract has been recorded or the date the work was completed if no notice of completion is recorded, then this obligation shall be null and void. If City notifies Surety that Principal has not met its guarantee, then Surety shall indemnify City for losses incurred up to the amount listed above. The City shall give written notice to the Principal during the one (1) year period specified in this obligation of any defect of the guaranteed work that becomes apparent. This obligation shall remain in full force and effect until any defect identified in said written notice are repaired by the Principal and accepted in writing by the City.
The said Surety, for value received, hereby stipulates and agrees that no change, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications. Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.
IN WITNESS WHEREOF, We have hereunto executed this instrument on the date indicated below. Persons signing for a corporation or entity hereby represent that they are doing so pursuant to a grant of authority by the governing body.
_________________________________ _______ _________________________________ _______ Name of Principal Date Name of Surety Date
_________________________________ _________________________________ Signature for Principal Signature for Surety
_________________________________ _________________________________ Printed Name and Title Printed Name and Title
433
CITY OF VISALIA May 2025 39
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
___________________________
___________________________
___________________________
___________________________
NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety’s Power of Attorney must be attached.
434
CITY OF VISALIA May 2025 40
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
CERTIFICATE OF ACKNOWLEDGEMENT
State of California
County of ________________________________________ SS
On ____________ ___________________ before me _________________________________________________, personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to the be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(SEAL) Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
435
CITY OF VISALIA May 2025 41
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
STANDARD SPECIFICATIONS
The “City of Visalia Engineering Standard Specifications” Section 1 through Section 59, and any amendments or addenda thereto, are included in the Contract Documents as attachments. Copies of the “City of Visalia Engineering Standard Specifications” have been included with this RFB solicitation as attachments and may be obtained from the City of Visalia website at:
http://www.visalia.city/depts/community_development/engineering/engineering_documents.asp or from City Hall East, 315 E. Acequia Ave., Visalia, California, 93291, for a nominal fee. 436
CITY OF VISALIA May 2025 42
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SPECIAL PROVISIONS SECTIONS 60-80
SECTION 60 JOB SPECIFIC PROVISIONS
60-1 Bid Proposal
Bids shall be submitted in a sealed envelope. The outside, upper left- hand corner of the envelope shall have the Contractor's name and address. In the center of the envelope it shall be addressed as follows:
Attn: Purchasing, RFB -24-25-11
Purchasing Division
707 W. Acequia Street
Visalia, CA 93291
In the lower left-hand corner of the envelope it shall be marked as follows:
Sealed Proposal For: RFB No. 24-25-11
Project Name: SOLIDS HANDLING IMPROVEMENTS PROJECT AT
VISALIA’S WATER RECLAMATION FACILITY
Bid Opening Date & Time: 2:00 P.M. on Thursday, June 26, 2025 60-2 Subcontracting
Should any bidder propose subcontracting any part of the work covered by these Construction Documents, he shall submit with his bid a description of the work to be done by each subcontractor and the name and location of the place of business of each subcontractor as a part of the “Bidder’s Proposal”. The Contractor shall perform work equaling at least fifty percent (50%) of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.
No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor’s work. If the Contractor violates Public Contract Code § 4100 et seq., the City of Visalia may exercise the remedies provided under Public Contract Code § 4110. The City may refer the violation to the Contractors State License Board as provided under Public Contract Code § 4111. Each subcontract must comply with the contract. Each subcontractor must have an active and valid State contractor’s license with a classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.). Submit copies of subcontracts upon request by the Engineer. Before subcontracted work starts, submit a Subcontracting Request form. Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations web site at:
http://www.dir.ca.gov/dlse/debar.html
Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due or to become due, until correction is made. Failure to comply may result in termination of the contract.
60-3 Prevailing Wages
This project will be subject to all applicable State Wage Determinations. The Contractor will be responsible for paying wages from State Wage Determinations for all trades. The wages are set forth in the General Prevailing Wage Rates for this project, are included with this RFB Document and available from the following website links: http://www.dir.ca.gov/dlsr/PWD/index.htm. 437
CITY OF VISALIA May 2025 43
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
60-4 Beginning of Work
The Contractor shall begin work within fifteen (15) days after receiving notice that the contract has been approved (Notice to Proceed) and shall diligently prosecute the same to final completion of the total project three hundred ten (310) working days after that work begins (mobilization).
The first paragraph of Standard Specification Section 8-6 Beginning of Work shall be deleted and replaced with the following paragraph:
The City of Visalia should hold a preconstruction conference with the Contractor and other entities affected by the work within ten (10) days after the City Council awards the Contract. The Contractor shall begin work within the number of days listed above in this section after receiving notice that the contract has been approved (Notice to Proceed). The Contractor shall be responsible for submitting all of the other documents required by the City, obtaining all necessary permits, and obtaining all approvals/acceptances required for the project prior to starting construction. Should the Contractor fail to obtain the required permits and approvals within the number of days listed in this section for the beginning of work after the Notice to Proceed is issued, the length of time beyond the number of days listed will be subtracted as working days from the Contract. The Contractor shall commence work under the contract within the time specified above and shall diligently prosecute the same to completion within the time limit provided. The Contractor shall not begin work in advance of receiving the Notice to Proceed without written authorization from the Engineer. The Contractor shall notify the Inspector and Engineer in writing a minimum of 2 working days prior to starting work.
Milestone 1: The Contractor shall achieve substantial completion for Bid Item 4: TWAS Pipeline work within 180 calendar days of Notice to Proceed. Liquidated damages, as defined below, for not meeting Milestone 1 shall be one thousand dollars ($1,000.00) per day. 60-5 Liquidated Damages
The Contractor shall pay the City of Visalia the sum of nine thousand and five hundred dollars ($9,500.00) per day for each and every calendar day of delay in finishing the work as required for final completion within the number of working days prescribed above. All final paperwork, funding paperwork, operation and maintenance manuals, other manuals, warranties, extra materials, bonds, and all other items/documents required in the Contract Documents shall be properly completed and submitted to the City within the time limit specified for completion of the work or Liquidated Damages will apply until such time all items are properly completed and submitted to the City. 60-6 Project Size
This project results in a disturbed surface area of greater than one acre. The Contractor will be required to comply with all of the Dust Control, Water Pollution Prevention, and other permitting requirements of the Standard Specifications.
60-7 Potholing
The locations of existing facilities that are shown on the Plans are approximate. Exact locations of existing utilities shall be determined by the Contractor by whatever means necessary, including potholing and hand digging, with the possible assistance of the utility companies and located in the field by the Contractor.
Utility locating/potholing shall be completed throughout the whole project in all Phases prior to any other construction activities. All utilities shall be located/potholed to confirm that no conflicts exist with new proposed pipelines/utilities, signals/street lights, structures, new street section being installed, or any other new improvements being installed with the project. The Contractor shall be responsible for performing all potholing and providing the City with a letter certifying that no conflicts exist or shall provide plan exhibits to scale identifying utility conflicts with all necessary information such as utility elevations, material types, 438
CITY OF VISALIA May 2025 44
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
sizes and any other information the City would need to make a decision on how best to handle the utility conflict. This letter and/or plan exhibits shall be provided to the City prior to commencing further construction activities.
Potholing shall be done per Section 4-6, Existing Facilities and Structures Shown on Plans and Section 8- 15, “Utility and Non-Street Facilities” of the City’s Standard Specification.
Any additional expenses incurred because of the failure of the Contractor to comply with these requirements shall be borne by the Contractor.
Full compensation for conforming to the requirement of this Section shall be considered as being included in the total Contract price and no additional compensation shall be made therefore. 60-8 Environmental Mitigation & Requirements
There are no anticipated environmental impacts due to this project. 60-9 City-Furnished Materials
There will be no City-furnished materials on this project. 60-10 Coordination of Work
It shall be the responsibility of the Contractor to maintain overall coordination of the work. Based on the general contract Construction Schedule prepared in accordance with these Specifications, the Contractor shall obtain from each subcontractor a similar schedule and shall be responsible for all parties maintaining these schedules or for coordinating changes necessitated in order to meet the specified time of completion of the work. The Contractor shall coordinate with all subcontractors and utilities prior to construction and throughout the duration of construction to ensure that the project schedule is maintained.
Full compensation for conforming to the requirements of this Section shall be considered as being included in the total Contract price and no additional compensation shall be made therefor. 60-11 Surface Water Management
A. The Contractor shall implement every reasonable diversion measure necessary to protect newly exposed soil or aggregates from surface water including, but not limited to, nuisance water, storm water, and water from broken sprinklers, irrigation, or supply lines. This includes protecting exposed soil and aggregates underneath curb returns, curb and gutter, driveways, drive approaches, and sidewalks.
B. The Contractor shall divert all surface water drainage away from work site to prevent saturation of newly exposed areas.
C. Payment for providing diversion measures shall be included in the various contract items.
D. If the Contractor fails to prevent water from draining into newly exposed soil or aggregates, the Contractor shall remove and replace all saturated soil or aggregates to the satisfaction of the Engineer at their expense.
E. Full compensation for conforming to the requirements of this Section shall be considered as being included in the total Contract price, and no additional payment will be made therefor. 439
CITY OF VISALIA May 2025 45
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
60-12 Payment for Items Not Covered by Specific Bid Items Wherever work called for and described in the Contract Documents is not specifically covered in the bid items, payment for such work shall be considered as being included in the total contract price, and no additional compensation will be allowed therefor.
60-13 City Standard Specification Sections – State Standards Updates The following changes shall be made to the City of Visalia Engineering Standard Specifications.
Replace the last paragraph under Section 1-1, General with the following paragraph:
These Standard Specifications and Contract Documents are meant to work in direct line with Sections 10- 60, Section 73, and Sections 82-95 of the 2023 version of the State Standard Specifications, except as modified by these Standard Specifications and Contract Documents. For terms, specifications, and requirements appearing in these Standard Specifications and Contract Documents and the State Standard Specifications, these Standard Specifications and Contract Documents shall take precedence. Other sections of the State Standard Specifications are included by reference in these Standard Specifications and Contract Documents. In the event where items are not covered or specified in these Standard Specifications or Contract Documents, the State Standard Specification Sections listed above and State Standard Plans shall govern.
Replace the following Sections of the City Standard Specifications with the following language:
1-3.57 State of California Standard Specifications
The 2023 version of the Standard Specifications issued by the Department of Transportation (Caltrans) of the Business, Transportation and Housing Agency of the State of California. 1-3.59 State Standard Plans
The 2023 version of the State of California, Department of Transportation Standard Plans. 1-3.60 State Standard Specifications
The 2023 version of the Standard Specifications issued by the Department of Transportation (Caltrans) of the Business, Transportation and Housing Agency of the State of California. 60-14 Payment for Extra Work
This section supersedes and replaces the extra work and force account markups specified in Section 9-5 “Payment for Extra Work” and related sections from the City of Visalia Engineering Standard Specifications. The markups listed in this section shall be used for all lump sum, fixed fee, force account, or similar type change orders where bid unit prices do not apply.
The City may order extra work or make changes by altering, adding to, or deducting from the Work via Change Order. Additionally, new and unforeseen work will be classified as extra work when such work cannot be covered by any of the various items or combination of items for which there is a bid price.
All Change Order work shall be performed under the same terms and conditions of the original description of the Work, except for any extension of completion times necessitated by said Change Order(s). Certified payrolls shall be submitted with each billing for extra work.
The value of any additional work ordered by the City shall be determined as follows:
A. By unit prices in the Construction Services Agreement or the Contract; or 440
CITY OF VISALIA May 2025 46
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
B. By estimate and acceptance in a lump sum; or
C. By a fixed fee; or
D. By force account.
The Contractor shall do no extra work except upon written order from the Engineer. For such extra work the Contractor shall receive payment as previously agreed upon in writing, or Contractor shall be paid on force account. In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss to life and/or property. The Contractor shall immediately notify the Engineer of any work performed under this provision. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be reviewed and determined as provided in this section.
A. Materials: Material payment is full compensation for materials the Contractor furnishes and uses in the work. The City reserves the right to furnish such materials required as it deems expedient and the Contractor shall have no claim for profit or other overhead on the cost of such materials.
The Engineer determines the cost based on the material purchase price, including delivery charges, except:
a. Fifteen percent (15%) markup is added
b. Supplier discounts are subtracted whether the Contractor took them or not c. If the Engineer believes the material purchase prices are excessive, the City pays the lowest current wholesale price for a similar material quantity d. If the Contractor procured the materials from a source the Contractor wholly or partially owns, the determined cost is based on the lower of the:
i. Price paid by the purchaser for similar materials from that source on Contract items ii. Current wholesale price for those materials
e. If the Contractor does not submit a material cost record within 30 days of billing, the determined cost is based on the lowest wholesale price:
i. During that period
ii. In the quantities used
B. Equipment: For all equipment that is necessary, the Contractor shall receive the current prices in the locality which shall have been previously determined and agreed to in writing by the Engineer and by the Contractor, plus fifteen percent (15%). The current State Labor Surcharge and Equipment Rental rates book shall be used to resolve any equipment rental rate disagreements. a. Equipment rental rates includes the cost of:
i. Fuel, Oil, Lubrication, Supplies, Small tools, necessary attachments, repairs and maintenance, depreciation, storage, insurance, and other incidentals. ii. The City does not pay for small tools consumed by use. This is considered included in the markup rate.
b. If the work is being done by Force Account, the City will only pay for the hours the equipment is operating on the Extra Work item.
c. The Engineer shall direct the Contractor to use the equipment factors listed in the current State Labor Surcharge and Equipment Rental Rates book to determine the compensation amount as the Engineer deems appropriate.
441
CITY OF VISALIA May 2025 47
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
C. Labor: For all labor that is necessary, the Contractor shall receive the actual amount paid for labor including benefits (health and welfare, pension, vacation, training, other state and federally recognized fringe benefit payments) as shown on certified payrolls or the current prices in the locality which shall have been previously determined and agreed to in writing by the Engineer and the Contractor, whichever is less, plus thirty percent (30%). The 30% markup consists of payment for all costs of bonds, insurance, overhead and profit for the work, described further as follows:
a. The City does not allow a labor surcharge markup so this 30% markup includes compensation for the following: worker’s compensation insurance, social security, Medicare, Federal unemployment insurance, State unemployment insurance, State training taxes, and other similar items.
b. The 30% markup also consists of payment for all overhead costs related to labor but not designated as costs of the labor used in the direct performance of the work, including:
i. Home office overhead
ii. Field office overhead
iii. Bond costs
iv. Profit
v. Labor liability insurance
vi. Other fixed or administrative costs that are not costs of the labor used in the direct performance of the work.
c. The City does not pay for labor travelling to or from the jobsite.
D. For all extra work performed by a first-tier subcontractor, the Contractor shall receive actual cost of the work plus ten percent (10%). For all extra work performed by second-tier subcontractor, the first-tier subcontractor shall receive the actual cost of the second-tier subcontractor work plus five percent (5%). The total maximum markup between the Contractor and all lower tier subcontractors shall not exceed twenty percent (20%) regardless of how many lower tier subcontractors are included in the change order. These markups consist of payment for the cost of bonds, insurance, overhead and profit for the work. Likewise, for subcontracted work deleted from the contract, the Contractor shall provide an additional ten percent (10%) percent or five percent (5%) percent credit respectively for all materials, labor, and equipment. This shall not apply to the reduction of unit priced bid item quantities specifically identified in the contract Bid Schedule.
E. For work deleted from the contract, the Contractor shall provide an additional fifteen percent (15%) credit on all materials, labor, and equipment. This shall not apply to the reduction of unit priced bid item quantities specifically identified in the contract Bid Schedule.
Markups on any subcontractor change order or extra work shall not exceed the markups in this section.
All extra work and/or force account work shall be documented daily upon report sheets prepared and furnished by the Contractor, and signed by the Contractor and the Engineer, which daily reports shall thereafter be considered the true record of extra work or force account work done. The Contractor shall be responsible for providing full labor, equipment, and materials breakdowns for approval on all change orders and extra work.
Daily reports shall be submitted no later than the second working day following the work for labor and equipment involved and no later than the fifth working day for material invoices and specialized forces.
Unless otherwise permitted by the Engineer, no payment will be made for extra work if it has not been reported within the time and in the manner specified.
442
CITY OF VISALIA May 2025 48
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
60-15 Standard Specification Amendments
The “City of Visalia Engineering Standard Specification Amendments,” most current edition available at the time of bidding, is included with this RFB document in its entirety and becomes part of the Contract Documents by reference. Copies of the “City of Visalia Engineering Standard Specification Amendments” may be obtained from the City of Visalia website at:
https://www.visalia.city/depts/community_development/engineering/engineering_documents.asp 60-16 Copies of Plans and Construction Specifications
The City will provide the Contractor with 2 full size hard copies of the project Plans and Construction Specifications at no cost. It shall be the responsibility of the Contractor to procure and pay for any additional copies or any other documents needed.
60-17 Department of Industrial Relations Requirements, Public Works Contractor Registration Program and Project Labor Agreements
All contractors and subcontractors bidding and performing work on Public Works Projects must:
1. Register on an annual basis with the California Department of Industrial Relations (DIR)
2. Furnish electronic payroll records for new projects to the Labor Commissioner No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors may be rejected as nonresponsive.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.
443
CITY OF VISALIA May 2025 49
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
SECTION 61 DESCRIPTION OF BID ITEMS
The bid item descriptions in this section are meant to provide a brief summary of the work included under each item. The Contractor shall refer to the Plans, Standard Specifications, Special Provisions, and other Contract Documents for the complete details and requirements for the work being performed under this contract.
Payment for each bid item shall be at the contract lump sum price listed on the bid schedule for each Bid Item and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work in accordance with the Standard Specifications, the Special Provisions, the Contract Documents, and as directed by the Engineer. Payment will be made for the work completed in proportion to the total value of the work for each Bid Item. No additional payment will be made therefor.
Bid Item 1 - Mobilization & Demobilization
This bid item is limited to a maximum of 5% of the total construction cost.
In accordance with Section 11 “Mobilization & Demobilization,” of the Standard Specifications, the Special Provisions, the Contract Documents, and as directed by the Engineer including, but not limited to the following:
Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, staging yards, and other facilities necessary for the work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, including, but not limited to permits and bond premiums and insurance premiums.
Demobilization shall consist of all closing work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals off the project site, and all other work and operations which must be performed to complete the project, including clean-up.
Bid Item 2 - Temporary Excavation Support
Item includes all costs for planning, design, engineering, furnishing, construction and the removal and disposal of all temporary sheeting, shoring, and bracing of excavations as required but not limited to the provisions of any permits, in accordance with the requirements of OSHA, the Construction Safety Orders of the State of California, and pursuant to the provisions of Sections 6700 through 6708 of the California Labor Code.
Bid Item 3 - Water Pollution Prevention
In accordance with Section 7-7 “Water Pollution Prevention,” of the Standard Specifications, the Special Provisions, the Contract Documents, and as directed by the Engineer including, but not limited to, preparation and implementation of the Stormwater Pollution Prevention Plan (SWPPP), installing, constructing, maintaining, removing, and disposing of all water pollution control practices and in implementing, developing, obtaining approval of, including associated fees, revising, amending, inspecting and annual reporting necessary to comply with the requirements of said documents.
Bid Item 4 - TWAS Bypass System
Work includes mobilization, operation, monitoring, and demobilization of the temporary bypass system to feed thickened waste activated sludge (TWAS) from the gravity belt thickener building to the digesters. No additional payment will be made therefor.
444
CITY OF VISALIA May 2025 50
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
Bid Item 5 - TWAS Pipe Cleaning and Inspection
Work includes pre and post cleaning CCTV inspection, and the removal and disposal of debris from the TWAS pipeline.
Bid Item 6 - TWAS Cleanouts
Work includes the earthwork, piping modifications, finished grade modifications and all other work not described in previous bid items related to the TWAS pipeline.
Bid Item 7 - Screw Press System
Work includes the site civil and associated yard piping, structural foundation and platform, mechanical equipment – including screw press, dewatering feed pump, grinder – sludge discharge chute, electrical, instrumentation, controls and programming necessary for the screw press system.
Bid Item 8 - Polymer Storage Area
Work includes the site civil and associated yard piping, structural foundation and canopy, mechanical equipment – polymer storage tank and recirculation pump – electrical, instrumentation, controls and programming necessary for the polymer storage area.
Bid Item 9 - Sludge Drying Bed Site Civil
Work includes the grading, excavation and/or fill, subgrade preparation, and asphalt access road around the sludge drying beds.
Bid Item 10 - Sludge Drying Bed Foundation and Structure Work includes the liner, sand backfill, aggregate base, fiber reinforced concrete, underdrain trench, and retaining walls associated with the sludge drying beds.
Bid Item 11 - Sludge Drying Bed Yard Piping
Work includes all piping associated with the sludge drying beds as well as the associated catch basins, cleanouts, and manholes.
Bid Item 12 - Digester Cleaning Pond Site Civil
Work includes the grading, excavation and/or fill, subgrade preparation, asphalt access road around the digester cleaning pond, and gravel access road from the quick connection pad to the digester cleaning pond.
Bid Item 13 - Digester Cleaning Pond Foundation and Structure Work includes the liner, drain rock, aggregate base, and fiber reinforced concrete associated with the sludge drying beds.
Bid Item 14 - Digester Cleaning Pond Yard Piping and Quick Connection Pad Work includes all piping associated with the digester cleaning pond, including digested sludge feed line and quick connection pad, as well as the associated catch basins, cleanouts, and manholes.
Bid Item 15 - Digester Cleaning Pond Inlet and Outlet Structures Work includes the inlet and outlet structures and associated weir gates. 445
CITY OF VISALIA May 2025 51
WRF SOLIDS HANDLING IMPROVEMENTS DESIGN
Bid Item 16 - Project Commissioning and Start-Up
Work includes functional and clean water testing of all equipment, completion of all necessary training, verification of performance of individual component and overall process and instrumentation and communications, resolution of all punch-list items, submittal and approval of all pay requests, submittal of operation and maintenance manuals, schedules, guarantees, bonds, certificates of inspection, as-built and marked-up record drawings in accordance with regulatory requirements and the project documents. 446
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0320 Agenda Date: 8/4/2025 Agenda #: 8.
Agenda Item Wording:
Conditional Acceptance of Federal Aviation Administration Grant Funds - Authorize the conditional acceptance of a Federal Aviation Administration Airport Improvement Program grant in the amount of $134,520 for the design phase of the Taxilane Reconstruction Project at the Visalia Municipal Airport.
Deadline for Action: None
Submitting Department: Administration - Airport
Contact Name and Phone Number:
Jody Miller, Airport Manager, (559)713-4282, [email protected], John Lollis, Assistant City Manager, (559)713-4323, [email protected] Department Recommendation:
Staff recommends that the City Council authorize the City Manager to conditionally accept a Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant in the amount $134,520 towards approved CIP project CP0573 for the design phase of the Taxilane Reconstruction Project at the Visalia Municipal Airport.
Background Discussion:
Maintaining surface movement areas is vital to the safe and expeditious movement of air traffic at any airport and is a requirement to ensure future Federal Aviation Administration (FAA) funding. This design phase of the proposed Taxilane Reconstruction Project at the Visalia Municipal Airport will ensure that the Airport remains on track for the planned future construction phase of the Project which would allow completion prior to the age of the current surface causing any issues in compliance with FAA regulations.
New FAA policy provides airports a narrow two (2) week window to accept any grant funding offers, which is the necessity for staff to preemptively present this item to the Council seeking conditional authorization to accept the grant funding offer within the grant acceptance deadline. The conditional authorization to accept the grant is contingent upon the grant offer being consistent with the terms found within this report. Should there be any changes to the terms or conditions of the FAA grant funding offer, staff would again present this item to the Council for consideration of approval prior to requesting a new FAA grant funding offer. Once the grant has been formally offered and accepted, staff will return to Council to authorize the award of the project and appropriate necessary funds.
Fiscal Impact:
The Airport would receive $134,520 in FAA grant funds to fund the design phase of the upcoming Taxlane A Reconstruction Project. Total project cost of the design phase is $141,600, which the remaining $7,080 in project cost would be split between $6,726 in State funding participation, and Visalia City Council Page 1 of 2 Printed on 7/31/2025
powered by Legistar™447
File #: 25-0320 Agenda Date: 8/4/2025 Agenda #: 8.
$354 from local Airport funds. This money was appropriated in previous budgets.
The State funds will be awarded through a separate grant application process that is guaranteed but will only become official once the FAA grant is officially accepted.
Prior Council Action: N/A
Alternatives: City Council could not authorize the acceptance of the FAA grant funds and Airport staff would explore other avenues to fund the design phase of the Taxilane A reconstruction project.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to conditionally accept a Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant in the amount of $134,520 for the design phase of the Taxilane A Reconstruction Project at the Visalia Municipal Airport.
Environmental Assessment Status: NA.
CEQA Review: N/A
Attachments:
1. Application for Federal Assistance
2. Breakdown of Engineering Costs
Visalia City Council Page 2 of 2 Printed on 7/31/2025
powered by Legistar™448
APPLICATION FOR FEDERAL ASSISTANCE
VISALIA MUNICIPAL AIRPORT
VISALIA, CALIFORNIA
2025 AIRPORT IMPROVEMENT PROGRAM - DESIGN
RECONSTRUCT TAXILANE A
MARK TAXIWAY E CONNECTOR WITH NO TAXI ISLAND
APRIL 3, 2025
449
APPLICATION FOR FEDERAL ASSISTANCE
VISALIA MUNICIPAL AIRPORT
VISALIA, CALIFORNIA
2025 AIRPORT IMPROVEMENT PROGRAM - DESIGN
RECONSTRUCT TAXILANE A
MARK TAXIWAY E CONNECTOR WITH NO TAXI ISLAND
The City of Visalia has prepared and submits herewith an Application for Federal Assistance for an Airport Improvement Program (AIP) grant for engineering design of the Reconstruction of Taxilane A and Mark Taxiway E Connector with No Taxi Island at the Visalia Municipal Airport.
This Application includes the documents listed in the FY25 AIP Application Checklist, including the FY25 Airport Project Schedule, Standard Form 424, FAA Form 5100-100, Program Narrative (Justification), project sketch, project costs, NEPA Compliance document, Exhibit "A", Standard DOT Title VI Assurances, SAM certificate, and sponsor certifications. 450
Airport:
Project:
No.
1 2
3 4
5 6
7 FY25 AIRPORT PROJECT SCHEDULE
DESIGN PROJECTS
Visalia Municipal Airport, Visalia, Tulare County, California Reconstruct Taxilane A; Ma�Taxiway E Connector with No-Taxi Island Date
Item SFO ADO Due
Submit Updated ACIP to SFO-ADO 12/2/24
Submit NEPA docs for ADO Review by 9/16/24
Completion of NEPA no later than 12/31/24
Submission of Pre-Application Checklist to ADO by: 10/31/24 Submission of SF424 - Preapplication 12/31/24
Sponsor Submits IFE & Negotiated Fees for any
Engineering Costs
Final Application 5/1/25
Anticipated
Submission
2/1/24
3/1/24
Comments
Submitted on 10-22-24
Submitted Update on 9-19-24
Approval Received 11-14-24
Submitted 10-31-24
Submitted 12-4-24
Submitted 4-1-25
Submitted 4-3-25
451
Application for Federal Assistance SF-424
*1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s):
D Preapplication 18)New
18) Application D Continuation * Other (Specify)
D Changed/Corrected Application D Revision
*3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: 5b. Federal Award Identifier:
VIS - 3-06-0271-
State Use Only:
6. Date Received by State: 17. State Application Identifier:
8. APPLICANT INFORMATION:
*a. Legal Name: City of Visalia
*b. Employer/Taxpayer Identification Number (EIN/TIN): *c. UEI:
94-6000449 VNUTNKQPF423
d. Address:
*Street 1: 707 West Acequia
Street 2:
*City: Visalia
County/Parish: Tulare
*State: Province: CA
*Country: USA: United States
*Zip / Postal Code 93291-6127
e. Organizational Unit:
Department Name: Division Name:
General Services Airport
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: Mr. *First Name: Jody
Middle Name:
*Last Name: Miller
Suffix:
Title: Airport Manager
Organizational Affiliation:
*Telephone Number: 559-713-4282 Fax Number: (559) 713-4648 *Email: [email protected]
0MB Number: 4040-0004
Expiration Date: 11/30/2025
452
Application for Federal Assistance SF-424
*9. Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
Pick an applicant type
Type of Applicant 3: Select Applicant Type:
Pick an applicant type
*Other (Specify)
*10. Name of Federal Agency:
11. Catalog of Federal Domestic Assistance Number:
20.106
CFDA Title:
Airport lmpr�e�ent Program
*12. Funding Opportunity Number:
*Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
*15. Descriptive Title of Applicant's Project:
Visalia Municipal Airport, Visalia, Tulare County, California - Design - Reconstruction of Taxilane A (50' x 1,314'}, Mark Taxiway E Connector with No Taxi Island
Attach supporting documents as specified in agency instructions. 453
Application for Federal Assistance SF-424
16. Congressional Districts Of:
*a. Applicant: CA-021 *b. Program/Project: CA-021
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
*a. Start Date: 06/01/2025 *b. End Date: 05/01/2026
18. Estimated Funding ($):
*a. Federal $134,520
*b. Applicant $ 354
*c. State $6,726
*d. Local $0
*e. Other $0
*f. Program Income
*g. TOTAL $141,600
*19. Is Application Subject to Review By State Under Executive Order 12372 Process? � a. This application was made available to the State under the Executive Order 12372 Process for review on 12/05/2024 □ b. Program is subject to E.O. 12372 but has not been selected by the State for review. □ C. Program is not covered by E.O. 12372.
*20. Is the Applicant Delinquent On Any Federal Debt?
D Yes 181 No
If "Yes", explain:
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) 181 ** I AGREE
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.
Authorized Representative:
Prefix: Mr. *First Name: Jody
Middle Name:
*Last Name: Miller
Suffix:
*Title: Airport Manager
*Telephone Number: 559-713-4282
* Email: [email protected] \\
*Signature of Authorized Representative: ,,--)· -� , '< I Fax Number: 559-713-4648
I *Date Signed: l{ / �
454
., U.S. Department of Transportation
{eif Federal Aviation Administration
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Application for Federal Assistance (Development and Equipment Projects)
PART II- PROJECT APPROVAL INFORMATION
Part II • SECTION A
The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form.
Item 1.
Does Sponsor maintain an active registration in the System for Award Management (www.SAM.gov)?
Item 2.
Can Sponsor commence the work identified in the application in the fiscal year the grant is made or within six months after the grant is made, whichever is later? Item 3.
Are there any foreseeable events that would delay completion of the project? If yes, provide attachment to this form that lists the events.
Item 4.
Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of mitigating measures to this application and identify the name and date of the environmental document(s).
Item 5.
Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please identify other funding sources by checking all applicable boxes.
D The project is included in an approved PFC application.
If included in an approved PFC application,
does the application only address AIP matching share? D Yes D No lgjyes 0No
lgj Yes O No ON/A
0 Yes lgj No ON/A
0 Yes lgj No O N/A
0 Yes lgj No ON/A
D The project is included in another Federal Assistance program. Its CFDA number is below.
Item 6.
Will the requested Federal assistance include Sponsor indirect costs as described in 2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals?
0Yes lgj No □ NIA
If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply:
D De Minimis rate of 10% as permitted by 2 CFR § 200.414.
D Negotiated Rate equal to
on
% as approved by
(Date) (2 CFR part 200, appendix VII).
(the Cognizant Agency)
Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs.
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 1 of 7 455
PART II - SECTION B
Certification Regarding Lobbying
0MB CONTROL NUMBER: 2120-0569
0MB EXPIRATION DATE: 12/31/2026
The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached. The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form.
The Authorized Representative certifies, to the best of his or her knowledge and belief, that:
( 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 2 of 7 456
0MB CONTROL NUMBER: 2120-0569
0MB EXPIRATION DATE· 12/31/2026
PART II- SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport:
Visalia General Plan, Land City owned and surrounding the airport has zoning compatible for the airport.
Tulare County Airport Land Use Commission works with the airport to help assure compatibility.
A Master Plan was completed in 2001 that addressed this issue.
2. Defaults - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith:
None
3. Possible Disabilities - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows:
None
4. Consistency with Local Plans - The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.
Yes
5. Consideration of Local Interest - It has given fair consideration to the interest of communities in or near where the project may be located.
Yes
6. Consultation with Users - In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project(§ 47105(a)(2)).
Yes
7. Public Hearings - In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
N/A
8. Air and Water Quality Standards - In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary.
N/A
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 3 of 7 457
PART II - SECTION C (Continued)
0MB CONTROL NUMBER: 2120-0569
0MB EXPIRATION DATE: 12/31/2026
9. Exclusive Rights - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows:
None
10. Land - (a) The sponsor holds the following property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] Title in fee simple to all properties shown on the Draft Exhibit "A", Property Map, dated Feb. 2024 included as Attachment 2.
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] N/A
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] N/A
1 State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map.
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 4 of 7 458
0MB CONTROL NUMBER: 2120-0569
0MB EXPIRATION DATE: 12/31/2026
PART Ill- BUDGET INFORMATION -CONSTRUCTION
SECTION A-GENERAL
1. Assistance Listing Number: 20.106
2. Functional or Other Breakout:
SECTION B - CALCULATION OF FEDERAL GRANT
Latest Approved Adjustment Total
Cost Classification Amount +or(-) Amount Amount (Use only for (Use only for revisions) revisions) Required
1. Administration expense $5,000
2. Preliminary expense 46,000
3. Land, structures, right-of-way 0
4. Architectural engineering basic fees 90,600
5. Other Architectural engineering fees 0
6. Project inspection fees 0
7. Land development 0
8. Relocation Expenses 0
9. Relocation payments to Individuals and Businesses 0
10. Demolition and removal 0
11. Construction and project improvement 0
12. Equipment 0
13. Miscellaneous 0
14. Subtotal (Lines 1 through 13) $141,600
15. Estimated Income (if applicable) 0
16. Net Project Amount (Line 14 minus 15) 141,600
17. Less: Ineligible Exclusions (Section C, line 23 g.) 0
18. Subtotal (Lines 16 through 17) $141,600
19. Federal Share requested of Line 18 134,520
20. Grantee share 354
21. Other shares 6,726
22. TOTAL PROJECT (Lines 19, 20 & 21) $141,600
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 5 of 7 459
a. None
b.
C.
d.
e.
f.
g.
SECTION C - EXCLUSIONS
23. Classification (Description of non-participating work) 0MB CONTROL NUMBER: 2120-0569
0MB EXPIRATION DATE: 12/31/2026
Amount Ineligible for
Participation
Total
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
24. Grantee Share - Fund Categories
a. Securities
b. Mortgages
c. Appropriations (by Applicant)
d.Bonds
e. Tax Levies
f. Non-Cash
g. Other (Explain):
h. TOTAL - Grantee share
25. Other Shares
a. State
b. Other
c. TOT AL - Other Shares
26. TOTAL NON-FEDERAL FINANCING
SECTION E - REMARKS
(Attach sheets if additional space is required)
Plans and specifications for this project are incorporated by reference.
The Construction Safety and Phasing Plan (CSPP) for this project is incorporated by reference.
The Construction Management Plan for this project is incorporated by reference.
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION
Amount
$0
0 354
0 0
0 0
$ 354
Amount
6,726
0 $6,726
$7,080