12639525Q0109a.pdf
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- Attached to
- FIFRA GLP Preliminary (5-batch) Analysis Study for the Pesticide Active Ingredient, Biochar
- Solicitation number
- 12639525Q0109
About this file
This document is a Request for Proposal (RFP) for a FIFRA GLP Preliminary (5-batch) Analysis study for biochar, issued by USDA APHIS (Animal and Plant Health Inspection Service). The solicitation seeks a contract laboratory to conduct a detailed scientific analysis of five independent manufacturing batches of biochar, with the goal of supporting a pesticide registration application to the EPA. The study requires comprehensive characterization of the biochar, including analysis of fixed carbon, sulfur, moisture, loss on ashing, loss on drying, and heavy metals, all performed in compliance with EPA OPPTS 830.1700 guidelines and FIFRA Good Laboratory Practice (GLP) standards.
The contract is a firm fixed-price purchase order with a solicitation number of 12639525Q0109, issued on 05/01/2025 with responses due on the same date at 1700 ET. The contract will require the selected laboratory to: verify previously validated analytical methods, draft a study protocol, procure reference standards, conduct detailed analysis on five biochar batches, draft a final study report, and dispose of test materials. The contractor must have previously developed and GLP-validated methods for analyzing charcoal that were accepted by EPA in a previous USDA APHIS pesticide registration. The final report must meet EPA's data submission format requirements and be delivered within one year of award.
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
APHIS-MN-126395
MINNEAPOLIS MN 55401
SUITE410
250 MARQUETTE AVE
USDA APHIS
CODE 16. ADMINISTERED BYCODE
X
X
541380
SIZE STANDARD:
% 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
05/01/2025 1700 ET
05/01/2025
919-855-7003LATISHA HOLLMAN
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12639525Q0109
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 33 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
MINNEAPOLIS MN 55401
SUITE410
250 MARQUETTE AVE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$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.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
LATISHA A. HOLLMAN
. 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
The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP)
VENDOR:
ADDRESS:
UEI SAM:
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33 2 of
1.0 PRICING SCHEDULE
Unit price(s) must include all costs associated with performing all work required in a complete and acceptable manner.
Item Description Quantity Unit Price Total 0001 Verify that the previously
GLP-validated analytical chemistry methods to characterize the concentration of fixed carbon, sulfur, and moisture, loss on drying, and loss on ashing are sufficient for this particular source of biochar.
0002 Draft a study protocol for the Preliminary (5-batch) Analysis study, which will be approved by the study sponsor's representative (USDA Technical Contact) prior to initiation of any laboratory testing of the five batches of the test substance. Any amendments to the study protocol will also be approved by the sponsor's representative prior to implementation.
0003 Procure and characterize any reference standards and other materials required for use in the Preliminary (5-batch) Analysis study in accordance with any applicable FIFRA GLP requirements [2]..
0004 Analysis study, characterize the concentration of the active ingredient, fixed carbon, and the impurities sulfur, moisture, loss on ashing, loss on drying, and heavy metals in the samples from five independent manufacturing batches of biochar provided by the sponsor’s representative in accordance with EPA OPPTS
830.1700 [1] and the FIFRA GLP requirements [2]. Sample 1
0005 Analysis study, characterize the concentration of the active ingredient, fixed carbon, and the impurities sulfur, moisture, loss on ashing, loss on drying, and heavy metals in the samples from five independent manufacturing batches of biochar provided by the sponsor’s representative in accordance with EPA OPPTS
830.1700 [1] and the FIFRA GLP requirements [2]. Sample 2
0006 Draft a final study report and obtain approval of the final report from the sponsor’s representative.
0007 Dispose of the test substance and samples.
TOTAL:
1.1 NOTES TO QUOTERS
1.1.1 Submit quotes to (Name) at (Email) by the time specified in the solicitation.
A COMPLETE QUOTE MUST INCLUDE THE FOLLOWING INFORMATION:
Cover page or Standard Form (SF) 1449. Reference the solicitation number and include company name, address, point of contact information, and Unique Entity Identifier (SAM.gov).
Acknowledgement of amendments to this solicitation
Completed Pricing Schedule (page 2). Provide a unit price for each line item as specified in the Pricing Schedule. Alternate Pricing Schedules will not be considered.
Representations and Certifications.
Quoters must complete annual representations and certifications online in the System for Award Management (SAM.gov) in accordance with FAR 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services. If paragraph (b)(2) of the provision is applicable, a written submission is required.
1.1.2 Quoters must be registered in the System for Award Management (www.SAM.gov) no later than the solicitation response date.
1.1.3 All questions must be submitted in writing to (Name) in writing at (Email). Submit questions no later than 2 business days prior to the response deadline to ensure adequate time is available to respond and amend the solicitation if necessary. Telephone inquiries will not be honored.
1.1.4 A prospective contractor may be requested to provide additional information to assist the Government in making a responsibility determination (FAR Subpart 9.1).
1.1.5 The U.S. Department of Agriculture (USDA) is an agency of the Federal Government and is tax exempt (Tax ID # 41-069271).
2.0 STATEMENT OF WORK
TITLE OF CONTRACT
FIFRA GLP Preliminary (5-batch) Analysis study for the pesticide active ingredient, biochar
BACKGROUND
All manufacturing sources of active ingredients used in pesticides registered in the U.S. must first be approved by the U.S. Environmental Protection Agency (EPA) for that registration in accordance with Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The U.S.
Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) currently relies on a single EPA-approved international source of a specific type of charcoal for the manufacture of USDA APHIS’s gas cartridge products for rodent and predator control by the USDA APHIS Wildlife Services Pocatello Supply Depot.
USDA APHIS has identified a new manufacturing source of charcoal (biochar) and will be applying to EPA to add this new source of biochar to USDA APHIS’s gas cartridge product registrations. If this new source of biochar is approved by EPA for these gas cartridge registrations, USDA APHIS would be able to procure biochar from a U.S. manufacturer and still have a backup international source of charcoal in case the biochar was unavailable when needed.
As part of the registration application to EPA, USDA APHIS must provide a Preliminary (5-batch) Analysis study for the source of biochar. This objective of this contract is to obtain the preliminary (5-batch) analysis study for the registration application.
This Preliminary (5-batch) Analysis study must meet EPA’s requirements in EPA OPPTS 830.1700 [1] and characterize the concentration of fixed carbon, sulfur, moisture, loss on ashing, loss on drying, and heavy metals in samples from five independent manufacturing batches of biochar.
The study protocol, conduct, and final report for the preliminary (5-batch) analysis study must be conducted in full compliance with the FIFRA GLP requirements [2].
Before initiation of the Preliminary (5-batch) Analysis study, the contract laboratory will first complete non-GLP method optimization and verification for the previously GLP-validated analytical chemistry methods used to analyze the concentration (% w/w) of fixed carbon, sulfur, moisture, loss on ashing, and loss on drying are sufficient for this particular source of biochar before these methods will be used in the preliminary (5-batch) analysis study. Method optimization and verification are not required for the method used to characterize heavy (trace) metals in the biochar.
The contract laboratory will then be responsible for acquiring and characterizing any reference standards and other study materials required, completing the Preliminary (5-batch) Analysis study, and then disposal of the test materials.
The final report must meet EPA's data submission format requirements (EPA PRN 2011-3 [3]) to support a future pesticide registration application by USDA APHIS to the EPA.
References:
1. EPA Product Properties Test Guidelines: OPPTS 830.1700, Preliminary Analysis, EPA 712– C–96–011, August 1996, https://nepis.epa.gov/Exe/ZyPDF.cgi/P100KGJV.PDF?Dockey=P100KGJV.PDF
2. EPA FIFRA Good Laboratory Practices (GLP) Standards, 40 CFR 160, http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=efa9dd97aedac90d1fe9419044fe13dc&ty=HTML&h=L&mc= true&r=PART&n=pt40.24.160
3. EPA PRN 2011-3: Standard Format for Data Submitted Under FIFRA and Certain Provisions of FFDCA, November 30, 2011, p. 1-23, https://www.epa.gov/pesticide-registration/prn-2011-3-standard-format-data-submitted-under-fifra-and-certain-provisions
2.1 TYPE OF CONTRACT
Firm Fixed-Price Purchase Order
2.2 REQUIREMENTS
The requirements include:
1) Verify that the previously GLP-validated analytical chemistry methods to characterize the concentration of fixed carbon, sulfur, and moisture, loss on drying, and loss on ashing are sufficient for this particular source of biochar.
2) Draft a study protocol for the Preliminary (5-batch) Analysis study, which will be approved by the study sponsor's representative (USDA Technical Contact) prior to initiation of any laboratory testing of the five batches of the test substance. Any amendments to the study protocol will also be approved by the sponsor's representative prior to implementation.
3) Procure and characterize any reference standards and other materials required for use in the Preliminary (5-batch) Analysis study in accordance with any applicable FIFRA GLP requirements [2].
4) For the Preliminary (5-batch) Analysis study, characterize the concentration of the active ingredient, fixed carbon, and the impurities sulfur, moisture, loss on ashing, loss on drying, and heavy metals in the samples from five independent manufacturing batches of biochar provided by the sponsor’s representative in accordance with EPA OPPTS
830.1700 [1] and the FIFRA GLP requirements [2]. These parameters will be analyzed in duplicate per batch of biochar.
5) Draft a final study report and obtain approval of the final report from the sponsor’s representative. Once approved, provide a final report that meets the FIFRA GLP requirements [2] and EPA's data submission format requirements in EPA PRN 2011-3 [3].
6) Dispose of the test substance and samples.
2.3 Other Requirements:
The contract laboratory must have previously developed and GLP-validated the methods for carbon, sulfur, moisture, loss on ashing, loss on drying, and trace (heavy) metals for charcoal that were accepted by EPA in a previous pesticide registration application by USDA APHIS.
The contract laboratory must have demonstrated successful experience in conducting studies in accordance with OPPTS 830.1700 and in compliance with EPA FIFRA GLP standards using GLP-validated chemistry analytical methods.
All aspects of the Preliminary (5-batch) Analysis study and study records will be completed in compliance with EPA OPPTS 830.1700 [1] except when agreed upon in writing ahead of time by the sponsor’s representative.
All aspects of the Preliminary (5-batch) Analysis study and study records will be completed in compliance with FIFRA GLP requirements [2].
All deviations from EPA guidelines require written approval of the sponsor’s representative.
Written approval of the sponsor’s representative may be obtained via e-mail, or signed study protocol or protocol amendment, as appropriate.
The final report for the Preliminary (5-batch) Analysis study will be formatted to conform to EPA’s PRN 2011-3.
7) Any deviations from the EPA study guidelines must be well documented with sound justification in the final report.
If EPA determines during their science review after submittal that the final report does not fulfill the data requirement because of the test facility’s errors or omissions in the documents, or failure to adhere to the EPA study guideline and/or GLP standards during the study phase in ways not previously agreed upon by the sponsor’s representative, the vendor shall repeat the study at the vendor’s cost or refund the amount of the contract. If EPA does not find the reports acceptable to fulfill the core data requirement for reasons unrelated to the test facility’s compliance with EPA guidance or regulations, the vendor is not responsible for failure to meet the terms of the contract.
2.4 Delivery:
The samples from five batches of biochar will be provided to the contract laboratory by the Government after the contract has been awarded.
The Contractor shall deliver the final report within one year of this award.
The protocol, final report, and test results will be emailed or otherwise electronically provided to the Government’s Technical Representative.
2.5 Government Contacts:
Contracting Officer:
Latisha Hollman Latisha.a.hollman@usda.gov
Contracting Officers Technical Representative (COTR):
Emily Ruell Environmental Protection Specialist 2150 Centre Ave., Bldg. B Fort Collins, CO 80526
970-814-7311 emily.w.ruell@usda.gov
Alternate Contracting Officers Technical Representative (COTR):
Sarah Hibbs-Shipp Regulatory Support Services, Unit Supervisor 4101 LaPorte Ave.
Fort Collins, CO 80521 970-213-1905 sarah.hibbs-shipp@usda.gov
Point of Contact for Invoicing:
Rhett Harper Lead Budget Analyst 4101 LaPorte Ave.
Fort Collins, CO 208-380-9458 rhett.harper@usda.gov
3.0 CLAUSES AND PROVISIONS
Clauses incorporated 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 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 52.223-3 Hazardous Material Identification and Material Safety Data. Feb 2023 52.232-39 Unenforceability of Unauthorized Obligations. June 2013 52.232-40 Providing Accelerated Payments to Small Business Mar 2023
Clauses included by full text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services. (Jan 2025)(DEVIATION Feb 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_X_ (1)52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (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).
_X_ (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).
_X_ (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, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
(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 (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
(21)(i)52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) 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.
_X_ (23)52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
(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 Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
_X_ (26)(i)52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (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) ( 15 U.S.C. 637(a)(17)).
_X_ (31)52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (32)52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O.
13126).
(33)52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(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 (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41)(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.)
_X_ (42)52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
(43)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
_X_ (44)52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
_X_ (45)52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
_X_ (46)52.223-23, Sustainable Products and Services (MAY 2024(DEVIATION FEB 2025))
(47)(i)52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
(ii)Alternate I (Jan 2017) of 52.224-3.
(48)(i)52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
(ii)Alternate I (Oct 2022) of 52.225-1.
(49)(i)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 (Jan 2025) of 52.225-3.
(iv)Alternate III (Feb 2024) of 52.225-3.
(v)Alternate IV (Oct 2022) of 52.225-3.
_X_ (50)52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51)52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(52)52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
Subtitle A, Part V, Subpart G Note).
(53)52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(54)52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_X_ (55)52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
(56)52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
(57)52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
(58)52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (59)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
(60)52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(61)52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(62)52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
(63)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.
3901 note prec.).
_X_ (64)52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
(65)
(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.]
(1)52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
(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).
(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).
(7)52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(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).
(10)52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix)52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x)52.222-26, Equal Opportunity (Sep 2016) (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 (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B)Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.
3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (Nov 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR Chapter
4) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
AGAR 452.204-70, Modification for Contract Closeout (DEVIATION JULY 2022) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR Part 13.
(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment. (End of clause)
3.2 Provisions incorporated by Reference
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): www.aquisition.gov
52.204-7 -- System for Award Management. (Oct 2018) 52.204-16, Commercial and Government (Aug 2018) 52.212-1 -- Instructions to Offerors -- Commercial Items. (Sept 2023)
Provisions incorporated 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 ofts offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services.
The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(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—
(1) It will, will not provide covered telecommunications equipment or services to the 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— It does, does not use covered telecommunications equipment or services, or use any 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)
52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024) (DEVIATION FEB 2025)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and…
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