12639525Q0099.pdf

Notes to Quoters:

1. This solicitation is for a fixed-price, Indefinite Delivery Indefinite Quantity (IDIQ) supply contract. The National Veterinary Stockpile (NVS) contractor to provide 10 Mobile Vehicle Wash Stations (VWS) to be used in animal disease health outbreaks. For further information see the statement of work located in the attached solicitation. Quoted prices shall include all costs necessary to supply and deliver the product as described in the scope.

2. Simplified acquisition procedures will be used for this requirement per Federal Acquisition Regulation (FAR) Part 13. This requirement is being offered as a Small Business Set-Aside. The North American Industry Classification System (NAICS) code for this requirement is 336322 with a size standard of less than 750 employees.

3. This requirement is for the United States Department of Agriculture (USDA), Animal Plant Health Inspection Service (APHIS), National Veterinary Stockpile (NVS).

5. Evaluations will be conducted using FAR part 13 procedures, award will be made based on best value, price and other factors considered. Interested vendors must submit a completed pricing schedule located in Section 1.0 below. Quoted price shall include all costs necessary to perform the work. Quoter’s are responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation. Quotations that include additional terms may be excluded from consideration. Alternate Pricing Schedules will not be considered. Quotations must include a price for all items in the solicitation to be eligible for award. The following items are required to be submitted in order to be eligible for award:

1) A signed completed copy of the SF 1449 Form. (Please note the disclosure requirements contained on pages of 15-16 of the SF 1449 that are required to be completed.) Please complete Block 17a including vendor name, address, phone number, Federal Tax ID number, and DUNS number. Then, sign in block 30a.

2) Price schedule for each year of the contract as organized in Section 1.0 of the Solicitation.

3) SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: SAM

Registration is required of all federal contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already registered, please register in the SAM database at https://www.sam.gov/portal/public/SAM/. Quoters must be registered in SAM when they submit their quote.

a) A DUNS number is required for SAM registration. If your company does not have DUNS #, obtain one by calling 800-333-0505.

6. ANY QUESTIONS PERTAINING TO THIS Request for Quotes (RFQ) SHALL BE DIRECTED TO Linda W. Washington, BY EMAIL TO Linda.W.Washington@usda.gov no later than 4 days before quotes are due.

7. YOU MAY EMAIL YOUR QUOTE DIRECTLY TO Latisha Hollman before the time specified on the solicitation. Send quotes to: linda.w.washington@usda.gov.

8. USDA IS AN AGENCY OF THE FEDERAL GOVERNMENT, TAX-EXEMPT.

FEDERAL TAX. I.D. NO. 41-0696271.

1.0 Price Schedule

Pricing shall include all components listed in the SOW and shipping.

Item Description Unit Quantity Price Extended

Price 0001 Mobile Wash Stations EA 10 0002 Delivery Cost EA 1 0003 Training Cost EA 1

Schedule Notes N/A

2.0 Statement of Work

TITLE OF CONTRACT

Mobile Vehicle Wash Stations (VWS), delivery, and training.

PURPOSE

The VWS procured would be deployed during a foreign or domestic animal disease outbreak emergency response. Foreign animal diseases (FAD) or domestic animal diseases threats include, but are not limited to, Highly Pathogenic Avian Influenza (HPAI), African Swine Fever (ASF), Foot-Mouth Disease (FMD), and New World Screwworm (NWS). The VWS will be used by responders to clean and disinfect exterior surfaces of contaminated vehicles and equipment leaving infected farms to mitigate disease spread and strengthen biosecurity.

BACKGROUND

The U.S. National Veterinary Stockpile (NVS) is the nation's repository of critical veterinary supplies, equipment, and service resources. The NVS exists because of the nation’s concern after the September 11, 2001 terrorist attacks and concern that terrorists could release animal diseases of catastrophic proportions that could deplete State and local response inventories, generate surge requirements that would overwhelm commercial sources, and prevent unaffected States from providing significant help for fear of the threat crossing their borders

The NVS’ ability to deploy within 24 hours large amounts of critical veterinary resources ensure States have what they need to respond to catastrophes and other outbreaks.

The NVS deploys products like animal vaccine, antivirals, equipment, or therapeutic products to appropriately respond to damaging animal diseases affecting human health and the economy that are likely to be unavailable in sufficient quantities for large outbreaks. States, industry (as part of the incident command system), and NVS commercial partners will use the products and related equipment to respond to large-scale outbreaks.

The NVS utilizes its commercial partners to store its inventory in multiple locations and in sufficient volume to ensure its ability to respond to multiple, large-scale, simultaneous animal disease outbreaks.

TYPE OF CONTRACT

A Firm-Fixed Price (FFP) contract will be used for the purchase 10 mobile VWS.

CONTRACT OBJECTIVES

The NVS seeks to purchase mobile VWS required to meet the response requirements of National Security Memorandum 16 in the event of a damaging animal disease outbreak. The VWS will be used for cleaning and disinfection of the exterior surfaces of potentially contaminated vehicles and equipment leaving infected premises and must be designed to clean (with water and detergent) tops of vehicles, the undercarriage, tires, wheel wells and sides of various sized vehicles ranging from passenger cars up to a 53-foot semitruck (e.g., livestock trailers) and trailer followed by a disinfection step.

GENERAL EQUIPMENT SPECIFICATIONS

General description

Fully portable and capable of moving from one location to another. Easily portable and capable of immediate shipment, construction, and repackaging for shipment.

Ability to move VWS from one location to another in fully contained trailer or similar, without the need for cranes or excavation at temporary site. All terrain forklifts or similar equipment may be available during setup.

System shall be capable of operating on less-than-ideal situations and surfaces ranging from on farms to rural unimproved areas.

VWS shall be used for cleaning and disinfection of the “exterior surfaces” of potentially contaminated vehicles leaving infected premises and must be designed to clean (with water and detergent) tops of vehicles, the undercarriage, tires, wheel wells and sides of various sized vehicles ranging from passenger cars to a 53-foot semitruck (e.g., livestock trailers) and trailer followed by a disinfection step.

System shall be capable of operating in all weather conditions, freezing cold, rain, high winds, snow, and extreme heat.

Capable to handle odd sized and dimensional equipment, such as skid steers, wheel loaders, bull dozers, dump trailers, mixer wagons, and other types of farm equipment with oversized tires for field support.

Designed for continuous operation and operational within 2-4 hours of delivery on-site.

Ability to add cleaning and disinfectant material as prescribed by SDS in appropriate concentrations.

Designed to minimize water usage while achieving exterior vehicle cleaning so that vehicle is visibly free of loose organic matter and soil.

System shall have capability to hold water that supports continuous operation with minimal downtime.

Operational requirements

Capable of operating in environments between -25F to +125F with humidity of 5% to 95%. However, does not require enclosed application space with doors and heat.

VWS shall be capable of being operational within 2-4 hours of arrival on site.

Electricity independent by means of an on-board generator.

If necessary, include auxiliary port for additional fuel supply.

Capable of cleaning after use with conventional equipment and detergent.

System shall be designed to minimize water usage while achieving exterior vehicle cleaning so that vehicle is visibly free of loose organic matter and soil. Must be able to withstand repeated truck traffic. A driver shall move the vehicle through the system.

System setup shall be completed by 1-3 personnel or as specified in the technical/owner’s manual.

VWS components must be able to withstand various disinfectants such as Virkon S, dilute solutions of sodium hypochlorite (bleach) or citric acid, and similar.

System shall be designed to provide the desired flow rate for the application of the disinfection solution.

System shall be designed to provide the desired GPM and Pressure of the undercarriage component of this system. This is manufactured design determination.

Must be easy to operate such that an operator can be fully trained within 8 hours or less.

Must be capable of incorporating chemical additives such as detergent, disinfectant, and/or antifreeze. The system shall specify desired chemical additive mixture/level prior to operation.

System shall be designed so vehicles enter the system and exit in a continuous manner.

Specification does not require water application to be heated to a sanitizing temperature but would prefer if able.

Due to concerns for contamination of the job site via overspray or run-off, system shall be capable of collecting wastewater to minimize waste discharge.

Water shall be available on site for make-up or resetting as water is consumed. However, system must be capable of collecting wastewater to minimize waste discharge.

System shall be equipped with lighting and the operator panel shall be visible by the operator during the day/nighttime.

Other requirements

The most highly rated offeror(s) will or maybe invited to do a formal demonstration (Demo) on the proposed wash-station at no cost to the government.

REQUIRED DELIVERY TIME

Delivery must begin within 60 days of award and be complete within 180 days of contract award. Contractor is responsible for delivery, off-loading, set-up of each unit, to include any hardware/components; if applicable, at delivery location. Contractor must arrange to have equipment offloaded at delivery location in the continental US. Delivery address will be provided in advance to final proposals.

WARRANTY

Provide one year replacement warranty at no cost to the Government.

USER Acceptance Test The government has the option to conduct a user acceptance test, if applicable.

Typical users shall operate and maintain the system or item under conditions simulating realistic operational conditions.

TRAINING

Upon delivery of the first unit, on-site training that describes the procedures for the inspection, scheduled maintenance, set-up, operation, assembly, disassembly, maintenance, storage, transportation, and cleaning of the wash-stations must be conducted. The one-day training event will be coordinated between the contractor and the Contract Officer Representative (COR).

Provide an agenda prior to conducting training. The specific location and number of trainees will be determined prior to the training event.

Provide training aids, common and special tools, and technical literature to each student.

Equip personnel with necessary skills to diagnose, fix, and restore system on-site as well as deployed.

TRAINING SUPPORT

Provide a video and documents, digitally, that describe the safe operation, maintenance, assembly, disassembly, cleaning, storage, and transportation of the VWS. The NVS intends to post the video on its website for viewing by its Stakeholders. Training materials shall be provided in both English and Spanish versions.

Collaborate with the NVS on the need to develop any additional training products. The training material should contain sufficient information to sustain operator proficiency.

Finally, provide one on-site training sessions covering the safe operation, maintenance, assembly, disassembly, cleaning, storage, and transportation of the VWS. Training site is to be determined. A cost estimate should be provided for similar future on-site training sessions.

TECHNICAL MANUAL/OPERATORS GUIDE

Provide a copy of all technical manuals/documentation regarding inspection, scheduled maintenance, assembly, disassembly, operation, transportation, storage, and cleaning. The manual/documentation shall be provided in both English and Spanish versions.

WARRANTY

Provide one year replacement at no cost to the Government on parts and units.

Repair Parts and Special Tools (RPSTL) Identify and provide any special support equipment (SE)/Special Test Equipment (STE).

Provide contingency operations repair parts list designed to support field level (on-site) maintenance during a deployment.

Provide updates to the list with engineering changes and safety issues as applicable. The range and quantity of spare parts contained within this list shall be based on historical demands and customer specific knowledge of individual system.

Provide and conduct periodic reviews of this list to ensure the correct “mix” of spare parts is available to support the system and/or deployment scenario.

Delivery of spare parts and special tools will be at time of receipt of the units.

REGULATORY COMPLIANCE

The contractor/equipment shall comply with all federal, state, and local statutes and regulations including but not limited to the Occupational Safety and Health Act (OSHA), the Federal Compensation Act, the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, the Oil Pollution Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Public Health Act, National Fire Protection Association standards, and National Electrical Code.

INVOICING

USDA uses the Invoice Processing Platform (IPP) for electronic submission and tracking of purchase orders, invoices, and payment information to its suppliers of goods and services: Enroll at https://ipp.gov. The IPP is a government-wide secure web-based invoice processing service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

You will receive a notification of your one-time enrollment requirement in an automatic invoice payment notification system available through IPP. This one-time enrollment in IPP means that you will receive a series of e-mails from Treasury services.

CONTRACT LINE NUMBER (CLIN) STRUCTURE

The Contractor shall submit a firm-fixed price quote with following breakdown:

CLIN 0001 – Mobile VWS unit cost, quantity 10 total units

CLIN 0002 – Delivery costs

CLIN 0003 – Training costs

Delivery Address: Will be provided prior at date TBD

Technical Point of Contact(s)

Email: robert.a.miknis@usda.gov

Contracting Officers Representative (COR):

Email: jose.a.gallegos@usda.gov

Contracting Officer:

Linda W. Washington Contracting Officer

USDA APHIS MRPBS AAMD

IT Specialized Contracting Branch 4700 River Road, Unit 45 Riverdale, MD 20737 301-851-2682

Point of Contact for Invoicing:

Email: Andy.Titsworth@usda.gov

2.20 Wage Determination and Labor Rates

The Department of Labor Service Contract Act applies to this contract.

Task orders will specify the applicable wage determination for the ordering period.

The contractor will be responsible for obtaining the proper wage determination for the location where the work will be performed. The SCA wage determinations can be found at: http://www.wdol.gov/.

Please contact the contracting officer if you need assistance in obtaining the wage determination.

ROBERT A. MIKNIS, STAFF OFFICER/ENVIRONMENTAL ENGINEER

APHIS Veterinary Services Strategy and Policy (S&P), Office of Interagency Coordination (OIC) 2150 Centre Ave, Bldg B Fort Collins, CO 80526 ( (O) 970-494-7471 (C) 970-617-8555

JOSE GALLEGOS, STAFF OFFICER/ENVIRONMENTAL ENGINEER

APHIS Veterinary Services Strategy and Policy (S&P), Office of Interagency Coordination (OIC) Las Cruces, NM 88001 575-728-5219 Email: jose.a.gallegos@usda.gov

JOSE GALLEGOS, STAFF OFFICER/ENVIRONMENTAL ENGINEER

APHIS Veterinary Services Strategy and Policy (S&P), Office of Interagency Coordination (OIC) Las Cruces, NM 88001 575-728-5219

ANDY TITSWORTH

APHIS Veterinary Services Field Operations (FiOps), Logistics Center (LC) 4700 River Road, 5B-02.17| Riverdale, MD 20737

(m) 301-395-4806

PART III – CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of 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

52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.212-4 Contract Terms and Conditions—Commercial Items Nov 2023 52.212-4 Contract Terms and Conditions—Commercial Items Nov 2021 Alt 1 (applicable to the time & material line items) 52.232-40 Providing Accelerated Payments to Small Business Mar 2023

Subcontractors 52.242-15 Stop-Work Order Aug 1989 52.243-3 Changes—Time-and-Materials or Labor-Hours Sep 2000 52.246-6 Inspection – Time and Material and Labor Hour May 2001

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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:

[Contracting Officer check as appropriate.]

_X_ (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.)

_X_ (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].

_X_ (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).

_X_ (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).

_X_ (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.

__ (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] _X_ (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.

_X_ (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 (Nov 2016) (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)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting 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).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (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).

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

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

793).

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

_X_ (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016).

__ (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).

_X_ (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.

_X_ (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 (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (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.

__ (iii) Alternate II (Feb 2006) 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.] _X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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).

_X_ (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).

__ (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 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 items. 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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). 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(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 end of last option period exercised.

(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) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $2,000,000.00;

(2) Any order for a combination of items in excess of $2,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after end of last option period exercised.

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to contract expiration.

PART IV– PROVISIONS

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

52.204-7 -- System for Award Management. (Nov 2024) 52.204-16, Commercial and Government (AUG 2020) 52.212-1 -- Instructions to Offerors -- Commercial Items. (SEP 2023) 52.212-3 Offeror Representations and Certifications-Commercial Items (MAY 2024)

Provisions in full text

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)