12441924Q0040 v6.pdf

Solicitation Number: : 12441924Q0040

FAC 2024-05 May 22, 2024

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05.

(iv) This procurement is set aside for 100% small business. The NAICS code is 334515 and the

Small Business Size Standard is 750.

(v) Schedule of Items/Price Schedule

Project Description:

Vendor Name: Vendor UEI:

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

0001 Portable Density Meter 6 EA $ $

0002 Shipping 1 EA $ $

TOTAL $

Schedule Notes:

a) One award will be made from this solicitation, contractors must submit pricing for all items.

b) All items are being solicited on a Brand Name or Equal basis in accordance with

FAR Clause 52.211-6 Brand Name or Equal, AGAR Clause 452.211-70 Brand

Name or Equal, and AGAR Clause 452.211-71 on page 5 if equal products are offered.

c) Brand Name or Equal descriptions must include, in addition to the brand name, a general description of those salient physical, functional, or performance characteristics of the brand name item that an em must meet to be acceptable for award. Use brand name or equal descriptions when the salient characteristics are firm requirements.

(vi) Description of Requirement

Portable Density Meter Brand name or equal to the Anton Paar DMA 35 Part # 172244

Patents granted Smart connection of measuring cell: Patent AT516421 (B1), EP3015847

(B1), CN 105571982 B

Other special functions

Viscosity correction for reliable measurements, also on highly viscous samples

Gesture control for easy one-handed measurements

Identification of results outside your specified limits

Measuring range Density: 0 g/cm³ to 3 g/cm³

Temperature: 0 °C to 40 °C (32 °F to 104 °F)*

Accuracy Density: 0.001 g/cm³ **

Temperature: 0.2 °C (0.4 °F)

Repeatability, s.d. Density: 0.0005 g/cm³ **

Temperature: 0.1 °C (0.2 °F)

Reproducibility, s.d.

Density: 0.0007 g/cm³

Digital Resolution Density: 0.0001 g/cm³

Temperature: 0.1 °C (0.1 °F)

Ambient temperature

Standard Version, Ampere Version: -10 °C to +50 °C (14 °F to 122 °F)

Ex and Ex Petrol version: -10 °C to +40 °C (14 °F to 104 °F)

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

(viii) FAR 52.212-1 Instructions to Offerors Commercial Products and Commercial

Services (SEP 2023) (Provision)

Addenda to Provision FAR 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management to submit an offer. https://www.sam.gov/SAM/ http://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include the completed Schedule of Items from Section B of this solicitation, contractor representations and certifications, acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

a) Representations and Certifications - Fill in the check boxes for provisions FAR 52.204-26, FAR 52.204-24(if applicable), FAR 52.209-7,, FAR 52.212-3, and AGAR 452.211-71 found in Section x of this solicitation and include a copy with your offer.

3) Submit offer by email to erik.fallo@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Erik Fallo.

4) Address questions about this solicitation to Erik Fallo at erik.fallo@usda.gov.

(End of provision)

(ix) FAR 52.212-2 Evaluation Commercial Products and Commercial Services (NOV

2021) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

This award will be made based off a Lowest-Price Technically Acceptable (LPTA) basis as detailed in FAR 15.101-2. The LPTA process is a simplified best value source selection strategy that permits the best value to result from the selection of the technically acceptable proposal with the lowest price. While evaluating quotes utilizing LPTA, price and technical are the two evaluation factors. Price and Technical Acceptability when evaluated are weighted equally.

If the lowest priced evaluated is considered a technically acceptable offer that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers. If the lowest priced offeror is not considered technically acceptable, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is determined to be technically acceptable or until all offerors are evaluated. The Contracting Officer shall then make an integrated assessment best value award decision.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offe time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision) mailto:erik.fallo@usda.gov mailto:erik.fallo@usda.gov does, does not does, does not use

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME:

VENDOR UEI:

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT

2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications Commercial Products and

Commercial Services (MAY 2024) (Provision)

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in

SAM accessed through http://www.sam.gov. After reviewing SAM information, the

Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

(End of provision)

AGAR 452.211-71 Equal Products Offered (NOV 1996) http://www.sam.gov/ http://www.sam.gov/

(a) Offerors proposing to furnish an "equal" product, in accordance with the "Brand Name or

Equal" provision of this solicitation, shall provide the following information for each offered

"equal" product:

Contract Line Item Number (if any):

Brand Name or Equal Product identified by the Government in this solicitation:

Offered Product Name:

Catalog Description or part number:

Manufacturer's Name:

Manufacturer's Address:

(b) Offerors are responsible for submitting all additional information on the above product necessary for the Contracting Officer to determine whether the product offered meets the

"brand name or equal" product's salient characteristics listed in the solicitation.

(xi) FAR 52.212-4 Contract Terms and Conditions Commercial Products and

Commercial Services (NOV 2023)

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders Commercial Products and Commercial Services (MAY 2024)

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

(1) FAR 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) FAR 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) FAR 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) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) FAR 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:

(1) FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41

U.S.C. 3509)).

(3) FAR 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community see FAR 3.900(a).

(5) FAR 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].

(7) FAR 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

(8) FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

(9) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section

102 of Division R of Pub. L. 117-328).

(10) FAR 52.204-28, Federal Acquisition Supply Chain Security Act Orders Federal

Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

(Dec 2023) (Pub. L. 115 390, title II)

(11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders

Prohibition (Dec 2023) (Pub. L. 115 390, title II)

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

(12) FAR 52.209-6

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C.

6101 note).

(13) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) (41 U.S.C. 2313).Updates of Publicly Available Information

Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(14) [Reserved].

(15) FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

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

644).

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

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

644).

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

(20) FAR 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C.

637(d)(2) and (3)).

(21) (i) FAR 52.219-9, Small Business Subcontracting Plan (SEP 2023)

(15 U.S.C. 637(d)(4)).

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

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

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

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

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

(ii) Alternate I (MAR 2020) of FAR 52.219-13.

(23) FAR 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[Contracting Officer check as appropriate.]

By the end of the base term of the contract and then by the end of each subsequent option period; or

By the end of the performance period for each order issued under the contract.

(24) FAR 52.219-16, Liquidated Damages Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

(25) FAR 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) (i) FAR 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024)

(15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of FAR 52.219-28.

(27) FAR 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)).

(28) FAR 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program

(OCT 2022) (15 U.S.C. 637(m).

(29) FAR 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020)

(15 U.S.C. 644(r)).

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

(31) FAR 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

(32) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB

2024).

(33) FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(34) (i) FAR 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

(ii) Alternate I (FEB 1999) of FAR 52.222-26.

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

(ii) Alternate I (JUL 2014) of FAR 52.222-35.

(36) (i) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

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

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

(38) FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

(39) (i) FAR 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter

78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(40) FAR 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR

22.1803.)

(41) (i) FAR 52.223-9, Estimate of Percentage of Recovered Material Content for EPA

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

(42) FAR 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

(43) FAR 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

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

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

(46) FAR 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7

U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

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

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

(49) (i) FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved]

(iii) Alternate II (DEC 2022) of FAR 52.225-3.

(iv) Alternate III (FEB 2024) of FAR 52.225-3.

(v) Alternate IV (OCT 2022) of FAR 52.225-3.

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

3301 note).

(51) FAR 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

(52) FAR 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization

Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(53) FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

(54) FAR 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

(55) FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While

Driving (MAY 2024) (E.O. 13513).

(56) FAR 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(57) FAR 52.232-29, Terms for Financing of Purchases of Commercial Products and

Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(58) FAR 52.232-30, Installment Payments for Commercial Products and Commercial

Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(59) FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT2018) (31 U.S.C. 3332).

(60) FAR 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

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

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

(63) FAR 52.242-5, Payments to Small Business Subcontractors (JAN

2017) (15 U.S.C. 637(d)(13)).

(64) (i) FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

(1) FAR 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

(2) FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

(3) FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

(4) FAR 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

(5) FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(May 2014) (41 U.S.C. chapter 67).

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

(7) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (Jan 2022).

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

13706).

(9) FAR 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun

2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at FAR 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 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) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41

U.S.C. 3509).

(ii) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712).

(iii) FAR 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) FAR 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) FAR 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) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023)

(Section 102 of Division R of Pub. L. 117-328).

(vii) (A) FAR 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 FAR 52.204 30.

(viii) FAR 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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 FAR 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) FAR 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(xi) FAR 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

(xiii) FAR 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) FAR 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 FAR 52.222-40.

(xv) FAR 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter

67).

(xvi) (A) FAR 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 FAR 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

(xvii) FAR 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) FAR 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) FAR 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xxi) FAR 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(xxii) (A) FAR 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of FAR 52.224-3.

(xxiii) FAR 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) FAR 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 FAR 52.226-6.

(xxv) FAR 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 FAR 52.232-40.

(xxvi) FAR 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 FAR 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)

xiii) Additional Requirements/Terms and Conditions

Clauses Incorporated by Reference

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.242-15 Stop-Work Order (AUG 1989)

FAR 52.242-17 Government Delay of Work (APR 1984)

AGAR 452.204-70 Modification for Contract Closeout (DEVIATION JUN 2024)

Clauses Incorporated by Full Text

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far

(Clauses are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar

(Clauses are located at AGAR part 452 and begin with 452)

Deviations to clauses may be viewed at: Policies & Regulations | USDA

(End of clause)

Provisions Incorporated by Reference

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders Representation and Disclosures (Dec 2023)

FAR 52.211-6 Brand Name or Equal (AUG 1999)

FAR 52.223-1 Biobased Product Certification (MAY 2024)

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals

Representation (DEC 2016)

Provisions Incorporated by Full Text

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/agar

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far

(Provisions are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar

(Provisions are located at AGAR part 452 and begin with 452)

Deviations to provisions may be viewed at: Policies & Regulations | USDA

(End of provision)

(xiv) Defense Priorities and Allocation System (DPAS) Rating: N/A

(xv) Date, Time, and Place Offers are due

Offers due by 2:00PM Eastern Standard Time on 9/17/24.

(xvi) Government Point of Contact

Primary Point of Contact: Erik Fallo erik.fallo@usad.gov

Alternate Point of Contact: Nathan Heikkinen nathan.heikkinen@usda.gov http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/agar mailto:erik.fallo@usad.gov mailto:nathan.heikkinen@usda.gov