Solicitation Package 12639524Q0055 Rev.1.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

APHIS-PPQ-42AS CODE 16. ADMINISTERED BYCODE

X

X

X

238220

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

01/23/24

612-336-3602KIM YEN TU

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

02/05/24 1300 CT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639524Q0055

5. SOLICITATION NUMBER

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

1 7 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

MIAMI FL 33158-1399

13601 OLD CUTLER ROAD

USDA APHIS PPQ SCIENCE & TECHNOLOGY

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DUNS Number: Not Available Solicitation to award one firm-fixed-price contract for HVAC maintenance & repair services per the statement of work.

Period of Performance: 02/19/2024 to 02/18/2029

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

KIM YEN N. TU

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

Solicitation No. 12639524Q0055

Request for Quote HVAC Maintenance and Repair Services

Plant Protection Quarantine (PPQ) Center for Plant Health Science & Technology (CPHST) Coral Gables, FL

0.0 INSTRUCTION TO QUOTERS

This Request for Quote for commercial items is being conducted in accordance with FAR part 13.

Simplified acquisition procedures will be followed. This solicitation is being issued as a total small business set aside. The NAICS Code is 238220 with a size standard of $15 million dollars, or less. USDA APHIS PPQ intends to issue one Firm fixed price IDIQ contract as a result of this solicitation.

Quotations will be evaluated in accordance with provision 52.212-2 Evaluation—Commercial items

Quoters are advised to carefully review the RFQ’s quotation package required submittals specified in this document. Missing, incomplete, or ambiguous information may result in unfavorable evaluation for that factor and may not be considered for award. The Government reserves the right to award to other than the lowest priced offer. It is the quoter’s responsibility to ensure completeness of the quotation package being submitted.

A COMPLETE QUOTE MUST INCLUDE THE FOLLOWING INFORMATION:

• Fill in and sign first page of SF 1449 to accept all terms and conditions in the solicitation.

Contactor must also acknowledge all amendments to the solicitation by signing SF30 when applicable.

• Fill in Price Schedule below

• Provide proof of active SAM registration at the time of solicitation response date/time

• Fill out FAR provision 52.204-24

• Please include a cover letter with your quotation package including the following information:

o The RFQ solicitation number o The Quoter’s name, address, telephone and facsimile numbers, and email address o Names, titles, telephone and facsimile numbers, and email addresses of persons

Authorized to negotiate on the quoter’s behalf with the Government in connection with this solicitation.

o Name, title, and signature of person authorized to sign the proposal. Quotation package signed by an agent must be accompanied by evidence of that agent’s authority.

• Submission Requirements for Technical Capabilities

a) Quoter must include written narrative description that, at minimum, address the following:

A detailed description of the distribution of work being performed by the quoter and its subcontractor(s) if applicable.

Quoters shall provide the names of major subcontractor(s) that will perform a significant portion of the work. Major subcontractors are defined as members of a quoter’s overall team who are expected to perform 10% or more of the proposed effort.

At least two (2) Technicians and their qualifications which include local or state level general HVAC licenses, EPA Universal 608 certification, and any other certification.

Provide prime contractor/subcontractor experience with Carrier AquaSnap Chillers or equivalent, and associated equipment.

Provide prime contractor/subcontractor information about Emergency Portable Chiller capabilities.

b) Relevant Experience Questionnaire Quoter must provide sufficient information to demonstrate their relevant project experience for this kind of work – this includes major subcontractor. The Relevant Experience Questionnaire (Attachment 1) included in the solicitation is provided for the quoter to submit to the client for each relevant project the quoter includes in its quote.

The Relevant Experience Questionnaire (Attachment 1) should be filled out by past or current clients.

The quoter must submit a minimum of two (2) and maximum (3) completed Relevant Performance Questionnaire (Attachment 1). The relevant experience should correlate with the work described in the statement of work. If subcontractor is performing more than 10% of proposed effort, quoter must provide additional one Relevant Performance Questionnaire (Attachment 1) for the subcontractor.

Relevant project experience must be for work performed within the last three (3) years from the release date of this solicitation. Projects must be at least 75% complete and performed within the last three (3) years as of the release date of this solicitation.

All points of contact, phone numbers, and email addresses should be verified by the Quoter prior to submission. Points of contact must have first-hand knowledge of the project from a contractual, managerial, and technical perspective. Quoters should follow-up with clients/references to ensure timely submittal of questionnaires.

On-Site Visit Quoters are urged and expected to perform a site visit to inspect the site where services are to be performed and to satisfy themselves regarding all conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim or request for price adjustments after contract award.

Pictures are not allowed during the site visit.

If the contractor wishes to conduct a site visit, they must notify JD Riles or Glenn Hall at least 48 hours in advance of their intent and provide the names of personnel attending the site visit. The COR may be contacted at: jd.riles@usda.gov or by phone at 305-876-2200/ glenn.hall@usda.gov or 786-770-1434.

This is a secure facility and access to the facility is strictly controlled. Under no circumstances are contractors to show up at the facility prior to having an arranged date and time for a site visit. Requests for additional dates and times will not be honored.

mailto:jd.riles@usda.gov apkntu Highlight

Questions All questions must be submitted via email at least 3 days before solicitation close date to: Kim Yen Tu at kimyen.n.tu@usda.gov. Please email your questions only.

Quote Due Date, Time, Format Quote submissions are due to Kim Yen Tu via EMAIL ONLY at kimyen.n.tu@usda.gov by 02/5/2024 at 1:00pm Central Time. Late submission will not be accepted. There is no particular format needed for the quote submission. However, information provided in the quote must be properly labeled.

1.0 PRICE SCHEDULE

CLIN # Description of Item Unit Quantity Unit Price CLIN Total Amount

0001 Base Year – Monthly Preventative Maintenance per SOW

MO 12

0002 Base Year – Quarterly Preventative Maintenance per SOW

EA 4

0003 Base Year – Annual Preventative Maintenance per SOW

EA 1

0004 Non-Emergency & Emergency Repair Request Hourly Labor Rate - Regular Business Hours

HR NA

Hourly Labor Rate - Nights Weekends, Holidays

HR NA

BASE YEAR TOTAL PRICE

1001 Option Year 1 – Monthly Preventative Maintenance per SOW

MO 12

1002 Option Year 1 – Quarterly Preventative Maintenance per SOW

EA 4

1003 Option Year 1 – Annual Preventative Maintenance per SOW

EA 1

1004 Option Year 1 - Non- Emergency & Emergency Repair Request Hourly Labor Rate - Regular Business Hours

HR NA

mailto:kimyen.n.tu@usda.gov

Hourly Labor Rate - Nights Weekends, Holidays

OPTION YEAR 1 TOTAL PRICE

2001 Option Year 2 – monthly

Preventative Maintenance per SOW

MO 12

2003 Option Year 2 – Quarterly Preventative Maintenance per SOW

EA 4

2003 Option Year 2 – Annual Preventative Maintenance per SOW

EA 1

2004 Option Year 2 - Non- Emergency & Emergency Repair Request

Hourly Labor Rate - Regular Business Hours

HR NA

Hourly Labor Rate - Nights Weekends, Holidays

OPTION YEAR 2 TOTAL PRICE

3001 Option Year 3 – Monthly per SOW

MO 12

3002 Option Year 3 – Quarterly Preventative Maintenance per SOW

EA 4

3003 Option Year 3 – Annual Preventative Maintenance per SOW

EA 1

3004 Option Year 3 - Non-

HR NA

Hourly Labor Rate - Nights Weekends, Holidays

OPTION YEAR 3 TOTAL PRICE

4001 Option Year 4 – Monthly per SOW

MO 12

4002 Option Year 4 – Quarterly per SOW

EA 4

4003 Option Year 4 – Annual Preventative Maintenance per SOW

EA 1

4004 Option Year 3 - Non-

HR NA

Hourly Labor Rate - Nights Weekends, Holidays

OPTION YEAR 4 TOTAL PRICE

1.1 Schedule Notes

The line items established for annual, semi-annual, and quarterly preventative maintenance services will be paid on a firm-fixed-price basis. The contract work must include providing equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, meeting safety requirements, transportation, and for performing all work required.

Non-Emergency & Emergency Repair Request line item will be used for requirements under section 2.7 and 2.8 of the statement of work. Orders issued under this CLIN will be FFP. The Contractor must provide FFP fully burdened labor rates for each year to be used for FFP orders issued for repair requests.

Please see Section 3.2 of the Statement of Work for more information on how orders will be issued.

2.0 STATEMENT OF WORK

2.1 Background

The United States Department of Agriculture (USDA) Animal Plant Health Inspection Services (APHIS) Plant Protection and Quarantine (PPQ), Center for Plant Health Science and Technology (CPHST) located at 13601 Old Cutler Road in Coral Gables seeks a contractor to provide Heating Ventilation and Air Conditioning (HVAC) preventative maintenance and repair services. Repair and Maintenance of Variable Frequency Drives (VFD's) is included under the Scope of this Contract. Services will be performed at multiple locations at the following location:

USDA APHIS CPHST

13601 Old Cutler Road Coral Gables, FL. 33158

Contractor is responsible for maintaining the HVAC system and keeping it in good working conditions and perform repairs on an as needed basis.

2.2 Contract Type

This is a firm-fixed-price IDIQ type contract. FFP task orders will be issued on an annually basis for preventative maintenance line items. Task orders for repairs will be issued on an as needed basis.

2.3 Period of Performance

The period of performance for this contract is anticipated to include one base year with the option to extend the contract for an additional four (4) years.

Base Year: 02/19/2024 – 02/18/2025 Option Year 1: 02/19/2025 – 02/18/2026 Option Year 2: 02/19/2026 – 02/18/2027 Option Year 3: 02/19/2027 – 02/18/2028 Option Year 4: 02/19/2028 – 02/18/2029

2.4 Contractor Qualifications

All preventive maintenance must be performed in accordance with the manufacturer recommendations and procedures. The contractor providing the preventive maintenance and repairs must utilize qualified factory-authorized technicians with effective training based on both OSHA and HVAC Safety Standards in the recognition, evaluation and control of hazards and dangerous work procedures and performances in the service of the equipment. Technicians must be familiar with and certified to perform work on the manufacturer equipment listed in this SOW. It is the contractor's responsibility to obtain any needed manufacturer manuals and provide all tools and equipment to perform the required services under this contract.

Services performed under this contract will require coordination of work with the facility manager. The Contractor shall not subcontract any portion of the maintenance or repair work without the written consent of the COR.

2.5 Equipment List/Locations

Building 1 Item: Carrier – Condenser Unit Quantity: 1 Model Number Serial Number Description Location 25VNA060A300 281 4E 17105 Outside of building

Item: Carrier – Air Handling Unit Quantity: 1 Model Number Serial Number Description Location FE4ANB006 4914A87451 Inside Closet

Building 63 Item: Air Cooled Screw Chiller - Carrier 30RA Quantity: 1 Model Number Serial Number Description Location 30RBA0605-1-7- -3 0107Q82654 Carrier Screw-Air Cooled

Item: Air Handling Unit - Carrier 39MN Quantity: 2

39MN12C0104XX11XPS 2607U19232 Carrier AHU

39MN060C0104W11XPS 2607U19231 Carrier AHU

Item: Chilled Water Pump - Carrier Quantity: 2 Model Number Serial Number Description Location

00518EP3E184JM W182/4JM.31JAN08.1000186355 CH-P1 AHU-1

00518EP3E184JM W182/4JM.14DEZ07H062790 CH-P1 AHU-1

Variable Frequency Drives Quantity: 5

Model Number Serial Number Description Location ABB DRIVE 2123900207 AHU-1 Mechanical Roo ABB DRIVE 2120000006 AHU-2 Mechanical Room ABB DRIVE 2115200606 Vent Hood Mechanical Room ABB DRIVE 2115200599 Vent Hood Mechanical Room ABB DRIVE 2115200510 Vent Hood Mechanical Room

Annex/Fumigation area Building’s 400, 401, 402, 403 Item: GREE – Minisplit Unit Quantity: 1 Model Number Serial Number Description Location MULT124HP230V1CO N/A Hazmat Containers

Item: LG – Minisplit Unit Quantity: 1 Model Number Serial Number Description Location LSU303HLV3 003KATM1RC17 Workshop

Item: LG – Minisplit Unit Quantity: 1 Model Number Serial Number Description Location LAU240HSV2 N/A Workshop

Item: Addison – Condenser Unit Quantity: 1 Model Number Serial Number Description Location RCA061A0003G 161100201001 Outside Fumigation Chamber

Item: Addison – Air Handler Unit Quantity: 1 Model Number Serial Number Description Location VCA071BE7C3G 161100202001 Inside Fumigation Chamber

Item: Heatcraft – Walk-In Cooler Unit Quantity: 1

CHT031L6BF T16K18765 Inside Fumigation Chamber

2.6 Routine Preventive Maintenance Inspection

The contractor shall provide routine on-site preventive maintenance and repair service on an as needed basis. The Contractor shall provide all personnel, tools, materials, supervision and other items and services necessary to perform the services outlined in this Statement of Work (SOW). The facility shall remain in continuous operation while all services are being performed. Outages for connection of new mechanical or electrical services must be minimized. The Contractor will also perform corresponding or incidental repairs related to or detected during maintenance inspections at no additional cost if it is under $100.

The monthly, annual, and quarterly preventative maintenance is designed to prepare the equipment for prime operating condition so that the equipment will operate effectively, reliably, and efficiently during the peak demand months. These routine preventive maintenance inspections tasks are listed below:

2.6.1 Monthly Preventive Maintenance Inspections Tasks

These task are performed 12 times a year, every month.

• Check general HVAC operation.

• Check coils for leaks and rinse coils (full coil maintenance)

• Clean intake plenum of debris

• Clean areas after work

2.6.2 Quarterly Preventive Maintenance Inspections Tasks

These tasks are performed four (4) times within the year or every three months. Can be performed in conjunction with the monthly and or annually tasks.

• Clean drain pans and piping

• Clean fans and check fan speed for 2690 rpm with a motor draw of 32 amps

• Inspect BAS (Building Automation System) for normal operation

• Inspect all Variable Frequency Drives (VFD) for normal operation

• Lubricate equipment

• Supply and Change HEPA filters (or Filters being utilized in lieu of HEPA Filters)

• Test pump operations

• Clean areas after work

• Report to customer: Send customer written documentation of completed work within 72 hours. The report shall outline the equipment serviced, parts used, and or labor performed.

2.6.3 Annually Preventive Maintenance Inspections Tasks

These tasks are performed one (1) time a year. Can be performed in conjunction with the monthly and or quarterly tasks.

• Replace Drive Belts

• Check sheaves

• Check fan and motor bearing temperature

• Check Fan, Wheel and Housing

• Blow all line strainers

• Check fan safety

• Check volts and amps

• Clean areas afterwork

• Report to customer: Send customer written documentation of completed work within 72 hours. The report shall outline the equipment serviced, parts used, and or labor performed.

Within 10 days of contract award the contractor must come up with a tentative preventative maintenance schedule plan and provide that to the COR for review and approval. Changes to the schedule may be made with at least a 48 hour notification to the COR.

2.7 Non-Emergency & Emergency Repair Request

Due to the nature of the work performed at this facility and the requirement for the HVAC to always remain operational. The contractor shall provide Non-Emergency and Emergency response between scheduled visits on an as needed/on call basis. The contractor's service technicians must be available 24 hours a day, 365 days a year in the event emergency servicing is needed.

• Non-Emergency Request: Request for technician to come out to inspect HVAC system or perform routine repairs or replacement parts that is outside of the routine preventative maintenance inspections mentioned in section 2.5 or considered incidental repairs related to or detected during maintenance inspections estimated to be over $100. The contractor is required to be on site within 1 day of notification for a regular/nonemergency repair request.

• Emergency Request: Request for technical assistance to come out due to HVAC system failure and is outside of the routine preventative maintenance inspections mentioned in section 2.5.

The contractor is required to be on-site within 2hrs after notification.

The facility shall remain in continuous operation while all services are being performed. Outages for connection of new mechanical or electrical services must be minimized. Prior to any repairs done shall be approved by the COR.

After completion of any Non-Emergency and Emergency repairs, the contractor shall provide a Service Call Report to the COR. The report shall outline the equipment serviced, parts used, and or labor performed.

Labor provided under this section shall be charged at the hourly rate stated in the price schedule. A firm fixed price order will be issued for each request received. See 3.0 Administration for more on ordering authority, limitations, and processes.

2.8 Part Replacement

If repairs are needed to any of the equipment listed above, the contractor shall provide the replacement parts and perform the repairs as approved by the CO and the COR. Only the authorized manufacturer parts can be provided for any repair or maintenance work performed under this contract. Only new parts are acceptable for use under this contract unless otherwise approved by the Contracting Officer Representative and/or the equipment manufacturer.

When the contractor is required to provide a quote for repair services that require parts replacement, the quote shall include fully burdened cost including material handling costs. The quote shall indicate whether the parts being quotes is new, overhauled, or serviceable part.

2.9 Hours of Operation & Facility Information

All preventative maintenance service shall be done during regular business operational hours of the facility which is between Monday through Friday from 07:00 AM to 15:30 PM. (EST). If possible, the repair services shall also be done during regular business hours except in the event of a failure in the system requiring emergency repair. All work outside of the mentioned days and hours shall be approved by the Facilities Maintenance manager in writing, prior to entering the facility. This includes work during Federal holidays. Some of this work will be required working after 3:30, the Contractor is to provide a schedule for those days to coordinate with the Maintenance Mechanic Supervisor. The contractor's service technicians must be available 24 hours a day. 365 days a year in the event emergency servicing is needed. Weekend and after-hours work may be required to respond to emergency repairs.

Parking is available on site at the facility at no charge to the contactor. All vehicles shall have proper insurance and registration for entering the facility. This facility is a secure facility. All Contractors shall have a valid picture identification such as a driver’s license or a State identification card. The service technicians will not be allowed access to the facility without the assistance of the USDA personnel, or a contractor issued identification badge. Therefore, contractor must coordinate with USDA personnel in advance for any onsite visits. All Contractors working at the facility shall remain in the project site under the supervision of a qualified job site superintendent. Anyone found outside of the determined construction area will be removed from the facility and not allowed to return. All Contractors shall provide temporary and portable restroom facilities for their employees if the project has a duration of over three working days.

3.0 ADMINISTRATION

3.1 Monthly, Quarterly, and Annual Preventive Maintenance

These CLINS are firm fixed price and will be funded on task order annually or at the time when an option year is exercised. The contractor will invoice for these line items through www.ipp.gov after services have been provided. A paper invoice shall be included in the IPP invoice submission to include details on the type of routine preventative maintenance provided and when it was performed.

The option year line items must be exercised and funded before service can continue beyond the base period or last funded option period.

3.2 Non-Emergency & Emergency Repair Requests

FFP task orders will be issued against CLINS 5001 on an as needed basis. Repairs, whether non-emergency or emergency, must be quoted separately for each repair/instance. The hourly rate for each repair is FFP based on the agreed upon rates as stated in the price schedule for each option year.

Quotes must include the following breakdown:

• Labor Hours Required

• Material/Parts

• Other Direct Cost

Purchase card may be used to pay for the contractor’s initial on-site visit to diagnose the issue and estimate the cost/scope of the repair for a minimum of one (1) hour and a maximum of two (2) hours.

Once the issue has been diagnosed, the contractor shall quote the repair to the proper authorized http://www.ipp.gov/ ordering personnel (see below). If the diagnosis and repair can be completed within the two (2) hours no additional quote is required.

3.2.1 Authorized Ordering Personnel for Repair Requests

Quote for repair at or below $2,500.00 for all time and material

• Authorized P-Card holder at the program level

• Informal or verbal quote must be provided to the P-Card holder and approved by the same

• Will be paid by P-Card holder with the P-Card (credit card)

• Not invoiced through IPP

Quote for repair above $2,500.00 for all time and material

• Kim Yen Tu or other warranted USDA APHIS Contracting Officer

• COR or program personnel shall submit the formal quote with funded requisition for contracting officer approval and a task order will be issued

• Will be invoiced and paid for through IPP upon completion of the repair. Contractor to reference the task order number on IPP invoice.

• Must have order or written approval from contracting officer before continuing with repair unless contracting officer provides approval to begin without order in place.

3.2 Contracting Officer Representative (COR)

The government shall designate a Contracting Officer Representative (COR) for this contract. The COR along with their contact information is identified below. A copy of the COR delegation letter will be issued and sent to the contractor after contract award. Any and all questions in regard to the contract terms and conditions must be directed to the Contracting Officer Kim Yen Tu. In no event shall the COR direct work that is not already funded for through task orders.

Contracting Officer:

Kim Yen Tu

USDA, APHIS, AAMD

250 Marquette Avenue, Suite 410C Minneapolis, MN 55401 Phone: (612) 336-3602 Email: Kimyen.n.tu@usda.gov

Contracting Officer Representative:

Glenn Hall, Facility Manager

USDA, APHIS, PPQ, CPHST

13601 Old Cutler Road, Building 63 Coral Gables, FL. 33158 Phone: 786-770-1434 Email: glenn.hall@usda.gov

4.0 CONTRACT CLAUSES

4.1 Clauses included by Reference

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 mailto:glenn.hall@usda.gov they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at these addresses:

http://www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html

NUMBER TITLE DATE

52.212-4 Contract Terms and Conditions—Commercial Items Nov 2023 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems Nov 2021 52.232-40 Providing Accelerated Payments to Small Business Mar 2023

4.2 Clauses included by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial (Dec 2023)

(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 (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

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

_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].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(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) (i) 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 52.204–30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (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] _X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

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

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

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

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

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

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

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

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

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

__ (ii) Alternate I (Mar 2020) of 52.219-13.

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

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

X__ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (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)).

__ (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)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.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 (Nov 2023) .

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X__ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (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).

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

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

_X_ (40) 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) 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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (44) (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.

__ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (47) (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_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

_X_ (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

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

__ (53) (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.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (55) 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).

__ (56) 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).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (60) 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).

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

_X_ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

_X_ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

_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).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

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

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, 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 KasperskyLab 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 (Sep 2023) ( 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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

(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 (May 2022) (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) 52.247-64, 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)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan 2017)

(a) Definitions. As used in this clause- “Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 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 (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.216-18 Ordering. (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 02/18/2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may…