Solicitation_12639518Q0154.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

CODE 16. ADMINISTERED BYCODE

X

X

541940

SIZE STANDARD:

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

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/22/2018 1700 ET

06/14/2018

612-336-3364LISA DRAVES

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639518Q0154

5. SOLICITATION NUMBER

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

1 39 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Zebra finch acute oral toxicity test with sodium nitrite

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

39 2 of

NOTES TO QUOTERS

1. Submit quotes to Lisa Draves at lisa.a.draves@aphis.usda.gov by the time specified in the solicitation.

Quotes will be evaluated in accordance with 52.212‐2 Evaluation – Commercial Items.

Missing, incomplete, or ambiguous information may result in an unacceptable rating. A

COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

Cover page OR Standard Form 1449 referencing company name, DUNS, and point of contact information

Completed Pricing Schedule (page 5). Alternative pricing schedules will not be considered.

Technical Capability Documentation

a. Evidence of at least one (1) inspection or data audit by the U.S. EPA for compliance with EPA FIFRA GLP standards within the last 10 years. If one or more audits were conducted in the past 10 years, the three most recent closed audits within the timeframe must not have resulted in EPA’s rejection of a study either partially or fully due to failure to comply with all EPA GLP standards. Provide documentation of the one, or if available in the previous 10 years, up to three most recent audit findings.

b. The laboratory must have a record of conducting this type of study per the OPPTS 850.2100 guideline. The Quote must include documentation from the proposed facility’s ‘Master Schedule’ of at least one of these studies within the past 10 years.

c. The intended Study Director contributing to this study must demonstrate prior experience participating in at least one other of this type of study per the OPPTS 850.2100 guideline. The laboratory must provide documentation of personnel experience. A statement summarizing key personnel (Study Director) experience in at least one study of this type shall meet the requirement.

Past Performance References. Provide past performance references for recent and relevant contracts. Include contract numbers, points of contact with valid email addresses and telephone numbers and other relevant information.

2. Vendors must be registered in the System for Award Management (www.sam.gov), including current online representations and certifications, no later than the solicitation response date.

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

4. All questions must be submitted in writing to Lisa Draves at lisa.a.draves@aphis.usda.gov no later than two (2) business days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary.

5. Service Contract Act Wage Determination.

Applicable Service Contract Act Wage Determination(s) will be required under this contract. The contractor shall be responsible for obtaining the wage determination applicable to the location of their facility. The applicable Service Contract Act Wage Determination can be obtained from the Department of Labor website at http://www.wdol.gov

6. The United States Department of Agriculture Animal and Health Plant Inspection Service is an agency of the Federal Government and is tax exempt (Tax ID# 41‐0696271).

PRICING SCHEDULE

ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL

001 Final Study Protocol 1 LS __________ _________

002 Draft Final Report 1 LS __________ _________

003 Approved and Fully Signed Final Report 1 LS __________ _________

004 (Option Item) Animal 1 LS __________ _________ Laboratory Testing of An Additional Dose Level

TOTAL PRICE (Items 0001 – 0004) _________

STATEMENT OF WORK

TITLE OF CONTRACT

Zebra finch acute oral toxicity test with sodium nitrite

INTRODUCTION

Within the next few years, USDA APHIS will be submitting a pesticide registration application to the US EPA under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 USC 136) Section 3 for a product containing the unregistered active ingredient, sodium nitrite, for controlling feral swine. EPA has classified this pesticide product for feral swine as having a terrestrial use pattern (40 CFR 158). All of the applicable data requirements listed in 40 CFR 158 for a terrestrial use product application must be met and included in USDA APHIS’ application before EPA will initiate a review.

One of these data requirements is a study that tests the acute oral toxicity of the unregistered active ingredient, sodium nitrite, in a passerine species, typically in captive‐reared zebra finches (Taeniopygia guttata), following the requirements of OPPTS 850.2100 (40 CFR 158) (1). This study must also be conducted following EPA FIFRA regulatory requirements for Good Laboratory Practice (GLP) Standards (40 CFR 160) (2).

DEFINITIONS

a. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): The federal pesticide regulation legislation (7 USC 136).

b. U.S. Environmental Protection Agency (EPA): The federal regulatory agency responsible for the regulation of pesticides including pesticide product registration under FIFRA.

c. Unregistered active ingredient: An active ingredient is “…an ingredient which will prevent, destroy, repel, or mitigate any pest” (7 USC 136(a)(1)). An active ingredient is unregistered when it is not already an active ingredient within currently‐registered pesticide products.

d. Good Laboratory Practices (GLP): The set of organizational processes and the conditions under which non‐clinical health and environmental safety studies are planned, performed, monitored, recorded, archived and reported intended to assure the quality and integrity of non‐clinical laboratory studies intended to support research or marketing permits for products regulated by government agencies, including the EPA

(40 CFR 160).

PURPOSE

The purpose of this acquisition is to fulfill one of the data requirements for a future USDA APHIS pesticide registration application to EPA for a toxicant for feral swine containing sodium nitrite.

This study will evaluate the acute oral toxicity of the unregistered active ingredient, sodium nitrite, to passerine birds, using the zebra finch as a model species. This study will be conducted in strict accordance with the study requirements outlined in EPA OPPTS 850.2100 and all EPA FIFRA GLP requirements.

CONTRACT TYPE

This is a firm‐fixed‐price commercial service contract. The payment provided in the contract shall constitute full compensation for furnishing all materials, equipment, and labor, and performing all work in the contract in a complete and acceptable manner. Payment items for the work of this contract are listed in the Pricing Schedule and described in this Statement of

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

SCOPE OF WORK

The scope of this contract will include drafting a study protocol, animal laboratory testing, final report writing, and quality assurance reviews for this study in accordance with EPA OPPTS

850.2100 and EPA FIFRA GLP requirements). The scope of this contract will not include a range finding test or analytical method validation of a method to determine the concentration of sodium nitrite in test dosing solutions.

REQUIREMENTS

Complete a definitive acute oral toxicity test for sodium nitrite in captive‐reared zebra finches in accordance with the study requirements outlined in EPA OPPTS 850.2100 and in accordance with all applicable EPA FIFRA GLP requirements. The requirements of this include:

a. Drafting a study protocol, which will be approved by the Government (USDA APHIS) prior to finalization and initiation of any animal laboratory testing of the test substance.

The Government shall specify the five geometric dose levels to be used in the definitive test with the appropriate controls based on previous testing of a passerine species.

These dose levels will include a dose level of approximately 2,000 mg/kg‐bw.

b. Conducting animal laboratory testing on the test substance to determine a definitive LD50 and slope of the dose‐response in accordance with the study requirements outlined in EPA OPPTS 850.2100 and in the approved study protocol. This testing must follow all requirements in OPPTS 850.2100, including, but not limited to, the outlined procedures for test duration, handling the test substance, requirements for the test system, animal care and handling, sample sizes, dose levels, dose administration, observations, study endpoints, statistical analyses, and reporting.

c. The contractor shall perform animal testing of an additional dose level (Option line item 0004), if exercised in accordance with clause 52.217‐9 Option To Extend the Term of the Contract. The Government may exercise the Option line item at any time prior to receipt of the Draft Final Report.

d. Any amendments to the study protocol will be approved by the Government prior to implementation in animal laboratory testing.

e. Drafting a final study report and obtaining approval of the draft final report from the Government prior to finalization and signing of the final report. The final report must be formatted in compliance with EPA’s PRN 2011‐3: Standard Format for Data Submitted under FIFRA and Certain Provisions of FFDCA (3).

PERIOD OF PERFORMANCE

All work shall be completed within 12 months following the contract award date.

LABORATORY DELIVERABLE REQUIREMENTS

The Contractor shall provide for this study:

a. A draft and final study protocol, and any amendments (as applicable) as described under REQUIREMENTS (a) and (d) above.

b. Completion of animal laboratory testing of the test substance as described under REQUIREMENTS (c) above.

c. A draft final report and the completed final report as described under REQUIREMENTS

(e) above.

d. All documentation will be completed in accordance with EPA FIFRA GLP requirements.

e. Test substance and sample disposal.

USDA APHIS DELIVERABLES

USDA APHIS Wildlife Services (WS), National Wildlife Research Center (NWRC), Registration Unit (RU) will serve the role of Government’s technical representative. The Government’s technical representative will:

a. Provide the test substance (technical grade sodium nitrite) to the Contractor within 3 weeks of an approved final study protocol. A GLP Certificate of Analysis will be provided by the Government’s technical representative for the test substance.

b. Review, comment, and approve of the study protocol, any amendments (as applicable), and the final report.

DELIVERABLE SCHEDULE

The Contractor shall complete the following requirements:

a. Submittal (by email) of a draft study protocol to the Government’s technical representative within 3 weeks following the contract award and prior to initiation of any laboratory testing.

i. The Government’s representative will either approve or submit comments to the Contractor by email within 2 weeks of receipt of the draft protocol.

ii. Any requested revisions to the draft study protocol must be addressed or incorporated into the final study protocol and submitted by email to the Government’s representative within 2 weeks of receipt of comments.

iii. The Government’s representative will approve the final study protocol within 1 week of receipt of any revisions.

b. Completion of the animal laboratory testing phase within 16 weeks of the approval of the study protocol or from the time of receipt of the test substance (technical grade sodium nitrite) from the Government’s representative, whichever is later.

i. Any draft amendments to the study protocol must be submitted by email to the Government’s representative prior to implementation.

ii. The Government’s representative will provide comments or approve any amendments within 1 week of receipt.

c. Submittal (by email) of a draft final study report to the Government’s representative within 8 weeks of completion of animal laboratory testing and prior to finalization and signing of the final report.

i. The study Government’s representative will either approve or submit comments to the Contractor by email within 2 weeks of receipt of the draft final report.

ii. Any requested revisions to the draft final report must be addressed or incorporated into the final report and submitted by email to the Government’s representative within 2 weeks of receipt of comments.

iii. The Government’s representative will approve the draft final report within 2 week of receipt of any revisions.

d. Submittal of an electronic copy by email of the approved final report that is fully signed in compliance with EPA FIFRA GLP requirements within 3 weeks of the Government’s approval of the draft final report.

APPLICABLE STANDARDS

a. All animal laboratory testing will be conducted in strict accordance with the study requirements outlined in OPPTS 850.2100 (1).

b. All aspects of the study and study records will be completed in compliance with EPA

FIFRA GLP standards (40 CFR part 160) (2). The contract laboratory will be responsible for compliance with all EPA FIFRA GLP regulations.

c. The protocol and final report will be formatted to conform to EPA’s PRN 2011‐3 (3).

PLACE OF PERFORMANCE

All work shall be conducted within the Contractor’s research facilities.

SPECIAL REQUIREMENTS

The contract laboratory shall have demonstrated successful experience in conducting the studies in accordance with OPPTS 850.2100 and in compliance with EPA FIFRA GLP standards.

PAYMENT SCHEDULE

Payments will be made based on the firm‐fixed‐prices established in the contract Pricing Schedule.

CONTRACTOR QUALIFICATIONS

a. The laboratory must have had at least one inspection or data audit by the U.S. EPA for compliance with EPA FIFRA GLP standards within the last 10 years. If one or more audits were conducted in the past 10 years, the three most recent closed audits within the timeframe must not have resulted in EPA’s rejection of a study either partially or fully due to failure to comply with all EPA GLP standards. Provide documentation of the one, or if available in the previous 10 years, up to three most recent audit findings. Foreign companies may provide the results of the most recent inspection by their authority responsible for GLP compliance.

b. The laboratory must have a record of conducting this type of study per the OPPTS

850.2100 guideline. The laboratory must provide documentation from the facility’s ‘Master Schedule’ of at least one of these studies within the past 10 years.

c. The intended Study Director contributing to this study must demonstrate prior experience participating in at least one other of this type of study per the OPPTS

850.2100 guideline. The laboratory must provide documentation of personnel experience. A statement summarizing key personnel experience in at least one study of this type shall meet the requirement.

REFERENCES

1. OPPTS 850.2100: Avian acute oral toxicity test, Ecological Effects Test Guideline, January

2012, 21pp, https://www.regulations.gov/document?D=EPA‐HQ‐OPPT‐2009‐0154‐0010

2. GLP: Good Laboratory Practices Standards, 40 CFR 160, http://www.ecfr.gov/cgi‐ bin/retrieveECFR?gp=1&SID=efa9dd97aedac90d1fe9419044fe13dc&ty=HTML&h=L&mc= true&r=PART&n=pt40.24.160

3. PRN 2011‐3: Standard Format for Data Submitted Under FIFRA and Certain Provisions of FFDCA, November 30, 2011, 23pp, https://www.epa.gov/pesticide‐registration/prn‐ 2011‐3‐standard‐format‐data‐submitted‐under‐fifra‐and‐certain‐provisions

INVOICING

Payments will be made based on the firm‐fixed‐prices established in the contract Pricing Schedule. The contractor shall submit invoices through the Invoice Processing Platform (IPP) at www.ipp.gov.

CONTACTS

Technical Contact:

Emily Ruell Registration Specialist USDA/APHIS/WS/National Wildlife Research Center 4101 LaPorte Avenue Fort Collins, CO 80521 970‐266‐6161 Emily.W.Ruell@aphis.usda.gov

IPP Invoicing Contact:

Esmeralda Reynolds Budget Analyst USDA/APHIS/Wildlife Services National Feral Swine Damage Management Program 4101 LaPorte Avenue Fort Collins, CO 80521 Ph: 970‐266‐6311 Esmeralda.Reynolds@aphis.usda.gov

2.0 CLAUSES

The following clauses are incorporated by reference:

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017)

52.227‐11 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR (MAY 2014)

52.227‐14 RIGHTS IN DATA – GENERAL (MAY 2014)

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

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):

www.acquistion.gov

The following clauses are incorporated by full text:

52.212‐4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS. (JAN 2017)

(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 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 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) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(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 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 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 32.608‐2 of the Federal Acquisition Regulation 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 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; 41 U.S.C. 4712 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(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, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212‐5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(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) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change‐of‐name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change‐of‐name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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 End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government 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 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 EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or 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 clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification 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.

(End of clause)

52.212‐4 ADDENDUM: Paragraph (g), Invoices, is revised to include the following statement: All invoices shall be submitted through the Invoice Processing Platform (IPP) at www.ipp.gov. IPP is a secure, web‐based service that manages government invoicing.

52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

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

(1) 52.203‐19, 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) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

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

__ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Oct 2016) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery

Contracts (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__ (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Nov 2011) (15

U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219‐3.

X__ (12)(i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219‐4.

__ (13) [Reserved] __ (14)(i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

__ (ii) Alternate I (Oct 1995) of 52.219‐7.

__ (iii) Alternate II (Mar 2004) of 52.219‐7.

__ (16) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219‐9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Nov 2016) of 52.219‐9.

__ (v) Alternate IV (Nov 2016) of 52.219‐9.

__ (18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219‐14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219‐16, Liquidated Damages—Subcon‐tracting Plan (Jan 1999) (15 U.S.C.

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

__ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Nov 2011) (15 U.S.C. 657 f).

X__ (22) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219‐30, Notice of Set‐Aside for, or Sole Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X__ (25) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018)

(E.O. 13126).

X__ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

X__ (28) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222‐35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (30) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

__ (31) 52.222‐37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act

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

X__ (33)(i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (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).

__ (34) 52.222‐54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

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

__ (36) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223‐13.

__ (39)(i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐14.

__ (40) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (DEC 2007) (42 U.S.C.

8259b).

__ (41)(i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐16.

X__ (42) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.O. 13513).

__ (43) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

__ (44) 52.223‐21, Foams (JUN 2016) (E.O. 13693).

__ (45)(i) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224‐3.

__ (46) 52.225‐1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225‐3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐ 138, 112‐41, 112‐42, and 112‐43.

__ (ii) Alternate I (May 2014) of 52.225‐3.

__ (iii) Alternate II (May 2014) of 52.225‐3.

__ (iv) Alternate III (May 2014) of 52.225‐3.

__ (48) 52.225‐5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (49) 52.225‐13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 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. 2302 Note).

__ (51) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C.

5150).

__ (52) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (54) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X__ (55) 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232‐34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242‐5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(12)).

__ (60)(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X__ (2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

X__ (3) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

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

__ (4) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X__ (5) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 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).

__ (7) 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__ (8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

X__ (9) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

(42 U.S.C. 1792).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215‐2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine…