12639525Q0201.pdf

x

Vendor:

Address:

UEI SAM:

BILLING INSTRUCTIONS: The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP).

STATEMENT OF WORK

This requirement is to provide twenty-six (26) PortaCount™ Respirator Fit Tester 8048’s and 24 so ware licenses.

The nited tates epartment o riculture ( ) nimal and Plant ealth nspec on ervices ( P ) current operates a ro ust Respiratory Protec on Pro ram in which it has used PortaCounts™ provided y T ncorporated since 8. P is ini a n the replacement o the second reitera on o the units (Model 8038) with the updated Model 8048. The older Model 8038s have entered their shelf life for produc on. ddi onally the older units are limited in their a ility to perform rmware updates needed for performance.

The PortaCounts have een deployed to P loca ons throu hout the as part of an P t tes n it. These its contain all of the supplies necessary to conduct a quan ta ve t test on P employees and are speci cally desi ned for the PortaCount. There are over 0 cer ed t testers in

P that have een trained to use the PortaCount to conduct t tes n of employees in all 0 states and in loca ons such as Puerto Rico. These t testers have had to a end a full-day training on how to use the PortaCount equipment as it requires speciali ed nowledge to use it properly. These trainings are unique to the PortaCount instrument and teach employees how to use the equipment as well as how to troubleshoot issues that may occur. The PortaCount has been used by APHIS since the late 1990s and has wor ed to eep the APHIS respiratory protec ve program ac ve during numerous oono c outbrea s eradica on e orts and emergency response ac vi es.

The use of other quan ta ve t tes ng devices would require APHIS to re-engineer the ARIS system. This would be a large so ware development e ort which could have adverse consequences on eeping people up to date with their legally required t tes ng data and could poten ally lead to employees not being able to perform their daily du es or be able to respond to emergency situa ons that arise. The use of another quan ta ve t tes ng device will li ely not be compa ble with ARIS as it currently exists and would also require re-training of over 170 employees on the use of the new system. This could lead to delays in t testing and negatively impact APHIS’s mission.

Delivery Address:

USDA/APHIS/ERCS

628 Tarrytown Rd oungstown hio 44 1

Attn: Tim Snidow Ph: 301-904-0916 Email: Timothy.Snidow@usda.gov

Technical POCs

USDA/APHIS/ERCS

Tim Snidow Safety and Health Branch Chief Emergency and Regulatory Compliance Services (ERCS) | Ph: 301-904-0916 Timothy.Snidow@usda.gov

CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference with the same force and e ect as if they were given in full text. Upon request the Contrac ng cer will ma e their full text available. Also the full text of a clause may be accessed electronically at this/these address(es):

h ps://www.acquisi on.gov/

NAME TITLE DATE

52.204-13 System for Award Management Maintenance ( ct 2018) 52.204-18 Commercial and overnment Entity Code Maintenance (Aug 2020) 52.212-4 Contract Terms and Conditions—Commercial Products and ( ov 2023)

Commercial Services 52.223-2 Reporting of Biobased Products Under Service and Construction (May 2024)

Contracts (DE IATI FEB 2025) 52.232-39 Unenforceability of Unauthori ed bligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

CLAUSES INCORPORATED BY FULL TEXT

52.252-6 Authori ed Devia ons in Clauses ( ov 2020)

(a)The use in this solicita on or contract of any Federal Acquisi on Regula on (48 CFR Chapter 1) clause with an authori ed devia on is indicated by the addi on of (DE IATI ) a er the date of the clause.

(b)The use in this solicita on or contract of any Agriculture Acquisi on Regula on (48 CFR Chapter 4) clause with an authori ed devia on is indicated by the addi on of (DE IATI ) a er the name of the regula on.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive rders — Commercial Products and Commercial Services (Jan 2025) (DE IATI FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisi on Regula on (FAR) clauses which are incorporated in this contract by reference to implement provisions of law or Execu ve orders applicable to acquisi ons of commercial products and commercial services:

(1) 52.203-19 Prohibi on on Requiring Certain Internal Con den ality Agreements or Statements (Jan 2017) (sec on 743 of Division E Title II of the Consolidated and Further Con nuing Appropria ons Act

2015 (Pub. L. 113-235) and its successor provisions in subsequent appropria ons acts (and as extended in con nuing resolu ons)).

(2) 52.204-23 Prohibi on on Contrac ng for Hardware So ware and Services Developed or Provided by aspers y Lab Covered En es (Dec 2023) (Sec on 1634 of Pub. L. 115-91).

(3) 52.204-25 Prohibi on on Contrac ng for Certain Telecommunica ons and ideo Surveillance Services or Equipment. ( ov 2021) (Sec on 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10 Prohibi on on Contrac ng with Inverted Domes c Corpora ons ( ov 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 A er Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4 Applicable Law for Breach of Contract Claim ( ct 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 Contrac ng cer has indicated as being incorporated in this contract by reference to implement provisions of law or Execu ve orders applicable to acquisi ons of commercial products and commercial services:

__ (1) 52.203-6 Restric ons on Subcontractor Sales to the overnment (Jun 2020) with Alternate I ( ov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

__ (3) 52.203-15 histleblower Protec ons under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Sec on 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 histleblower Rights ( ov 2023) (41 U.S.C. 4712) this clause does not apply to contracts of DoD ASA the Coast uard or applicable elements of the intelligence community—see FAR 3.900(a).

X (5) 52.204-10 Repor ng Execu ve Compensa on 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 Repor ng Requirements ( ct 2016) (Pub. L. 111-117 sec on 743 of Div. C).

__ (8) 52.204-15 Service Contract Repor ng Requirements for Inde nite-Delivery Contracts ( ct 2016) (Pub. L. 111-117 sec on 743 of Div. C).

X (9) 52.204-27 Prohibi on on a ByteDance Covered Applica on (Jun 2023) (Sec on 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28 Federal Acquisi on Supply Chain Security Act rders—Federal Supply Schedules, overnmentwide Acquisi on Contracts, and Mul -Agency Contracts. (Dec 2023) ( Pub. L. 115–390, tle

II).

X (11) (i) 52.204-30, Federal Acquisi on Supply Chain Security Act rders—Prohibi on. (Dec 2023) (Pub.

L. 115–390, tle II).

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

X (12) 52.209-6, Protec ng the overnment s Interest hen Subcontrac ng with Contractors Debarred, Suspended, Proposed for Debarment, or oluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Informa on Regarding Responsibility Ma ers ( ct 2018) (41 U.S.C. 2313).

__ (14) Reserved .

__ (15) 52.219-3, o ce of HUB one Set-Aside or Sole-Source Award ( ct 2022) (15 U.S.C. 657a).

(16) 52.219-4, o ce of Price Evalua on Preference for HUB one Small Business Concerns ( ct 2022) (if the o eror elects to waive the preference, it shall so indicate in its o er) (15 U.S.C. 657a).

__ (17) Reserved

_X_ (18) (i) 52.219-6, o ce of Total Small Business Set-Aside ( ov 2020) (15 U.S.C. 644).

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

__ (19) (i) 52.219-7, o ce of Par al Small Business Set-Aside ( ov 2020) (15 U.S.C. 644).

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

__ (20) 52.219-8, U li a on of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontrac ng Plan (Jan 2025) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate I (Jan 2025) of 52.219-9.

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

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

__ (23) 52.219-14, Limita ons on Subcontrac ng ( ct 2022) (15 U.S.C. 637s).

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

__ (25) 52.219-27, o ce of Set-Aside for, or Sole-Source Award to, Service-Disabled eteran- wned Small Business (SD SB) Concerns Eligible Under the SD SB Program (Feb 2024) (15 U.S.C. 657f).

X (26) (i) 52.219-28, Postaward Small Business Program Rerepresenta on (Jan 2025) (15 U.S.C.

632(a)(2)).

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

__ (27) 52.219-29, o ce of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- wned Small Business Concerns ( ct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, o ce of Set-Aside for, or Sole-Source Award to, Women- wned Small Business Concerns Eligible Under the Women- wned Small Business Program ( ct 2022) (15 U.S.C. 637(m)).

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

__ (30) 52.219-33, onmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

X (31) 52.222-3, Convict Labor (Jun 2003) (E. .11755).

__ (32) 52.222-19, Child Labor—Coopera on with Authori es and Remedies (Jan 2025)( E. . 13126)

__ (33) Reserved 52.222-21, Prohibi on of Segregated Facili es (APR 2015).

__ (34) Reserved (i) 52.222-26, Equal pportunity (SEPT 2016) (E. . 11246).

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

__ (35) (i) 52.222-35, Equal pportunity for eterans (Jun 2020) (38 U.S.C. 4212).

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

X (36) (i) 52.222-36, Equal pportunity for Wor ers with Disabili es (Jun 2020) (29 U.S.C. 793).

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

__ (37) 52.222-37, Employment Reports on eterans (Jun 2020) (38 U.S.C. 4212).

__ (38) 52.222-40, o ca on of Employee Rights Under the a onal Labor Rela ons Act (Dec 2010) (E. . 13496).

X (39) (i) 52.222-50, Comba ng Tra c ing in Persons ( ov 2021) (22 U.S.C. chapter 78 and E. . 13627).

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

__ (40) 52.222-54, Employment Eligibility eri ca on (Jan 2025) (Execu ve rder 12989). ( ot applicable to the acquisi on of commercially available o -the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Es mate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). ( ot applicable to the acquisi on of commercially available o -the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). ( ot applicable to the acquisi on of commercially available o -the-shelf items.)

__ (42) 52.223-11, one-Deple ng Substances and High lobal Warming Poten al Hydro uorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

__ (43) 2, Maintenance, Service, Repair, or Disposal of Refrigera on Equipment and Air Condi oners (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.).

__ (46) 52.223-23, Sustainable Products and Services (MA 2024) (DE IATI FEB 2025) (E. . 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (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 ( ct 2022) (41 U.S.C. chapter 83).

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act ( 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 (sec ons 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

__ (ii) Alternate I Reserved .

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

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate I ( ct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements ( 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restric ons on Certain Foreign Purchases (Feb 2021) (E. .’s, proclama ons, and statutes administered by the ce of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Func ons utside the United States ( ct 2016) (Sec on 862, as amended, of the a onal Defense Authori a on Act for Fiscal ear 2008 10 U.S.C.

Sub tle A, Part , Subpart ote).

__ (53) 52.226-4, o ce of Disaster or Emergency Area Set-Aside ( ov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restric ons on Subcontrac ng utside Disaster or Emergency Area ( ov 2007) (42 U.S.C. 5150).

__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E. .

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

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services ( ov 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 ( ct2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer- ther 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) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately wned U.S.-Flag Commercial essels ( ov 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contrac ng cer has indicated as being incorporated in this contract by reference to implement provisions of law or Execu ve orders applicable to acquisi ons of commercial products and commercial services:

_ (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 Ad ustment (Mul ple ear and p on 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 Ad ustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

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

__ (6) 52.222-53, Exemp on from Applica on 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 Wor ers Under Execu ve rder 14026 (Jan 2022).

(8) 52.222-62, Paid Sic Leave Under Execu ve rder 13706 (Jan 2022) (E. . 13706).

__ (9) 52.226-6, Promo ng Excess Food Dona on to onpro t rgani a ons (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller eneral Examina on 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 simpli ed acquisi on threshold, as de ned 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- ego a on.

(1) The Comptroller eneral of the United States, or an authori ed representa ve of the Comptroller eneral, shall have access to and right to examine any of the Contractor’s directly per nent records involving transac ons related to this contract.

(2) The Contractor shall ma e available at its o ces at all reasonable mes the records, materials, and other evidence for examina on, audit, or reproduc on, un l 3 years a er nal payment under this contract or for any shorter period speci ed in FAR subpart 4.7, Contractor Records Reten on, of the other clauses of this contract. If this contract is completely or par ally terminated, the records rela ng to the wor terminated shall be made available for 3 years a er any resul ng nal termina on se lement.

Records rela ng to appeals under the disputes clause or to li ga on or the se lement of claims arising under or rela ng to this contract shall be made available un l such appeals, li ga on, or claims are nally resolved.

(3) As used in this clause, records include boo s, documents, accoun ng procedures and prac ces, 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) otwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to ow 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 ow down shall be as required by the clause-

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights ( ov 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibi on on Requiring Certain Internal Con den ality Agreements or Statements (Jan 2017) (sec on 743 of Division E, Title II, of the Consolidated and Further Con nuing Appropria ons Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropria ons acts (and as extended in con nuing resolu ons)).

(iv) 52.204-23, Prohibi on on Contrac ng for Hardware, So ware, and Services Developed or Provided by aspers y Lab Covered En es (Dec 2023) (Sec on 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibi on on Contrac ng for Certain Telecommunica ons and ideo Surveillance Services or Equipment. ( ov 2021) (Sec on 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibi on on a ByteDance Covered Applica on (Jun 2023) (Sec on 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisi on Supply Chain Security Act rders—Prohibi on. (Dec 2023) (Pub.

L. 115–390, tle II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, U li a on of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that o er further subcontrac ng opportuni es. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold speci ed in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower er subcontracts that o er subcontrac ng opportuni es.

(ix) Reserved 52.222-21, Prohibi on of Segregated Facili es (APR 2015).

(x) Reserved 52.222-26, Equal pportunity (SEP 2016) (E. . 11246).

(xi) 52.222-35, Equal pportunity for eterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal pportunity for Wor ers with Disabili es (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on eterans (Jun 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, o ca on of Employee Rights Under the a onal Labor Rela ons Act (Dec 2010) (E. .

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, Comba ng Tra c ing in Persons ( ov 2021) (22 U.S.C. chapter 78 and E. 13627).

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

(xvii) 52.222-51, Exemp on from Applica on of the Service Contract Labor Standards to Contracts for Maintenance, Calibra on, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemp on from Applica on 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 eri ca on (Jan 2025) ( E. . 12989).

(xx) 52.222-55, Minimum Wages for Contractor Wor ers Under Execu ve rder 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sic Leave Under Execu ve rder 13706 (Jan 2022) (E. . 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 Func ons utside the United States ( ct 2016) (Sec on 862, as amended, of the a onal Defense Authori a on Act for Fiscal ear 2008 10 U.S.C.

Sub tle A, Part , Subpart ote).

(xxiv) 52.226-6, Promo ng Excess Food Dona on to onpro t rgani a ons (Jun 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately wned U.S.-Flag Commercial essels ( ov 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 addi onal clauses necessary to sa sfy its contractual obliga ons.

(End of clause)

52.217-9 ption to Extend the Term of the Contract (Mar 2000)

(a) The overnment may extend the term of this contract by wri en no ce to the Contractor within 30 days provided that the overnment gives the Contractor a preliminary wri en no ce of its intent to extend at least 30 days before the contract expires. The preliminary no ce does not commit the overnment to an extension.

(b) If the overnment exercises this op on, the extended contract shall be considered to include this op on clause.

(c) The total dura on of this contract, including the exercise of any op ons under this clause, shall not exceed 4 years.

A AR 452.204-70, Modi ca on for Contract Closeout (DE IATI JUL 2022)

Upon contract closeout for contracts u li ing Simpli ed Acquisi on Procedures (SAP) according to FAR Part 13.

(a) If unobligated funds in the amount of 1000 or less remain on the contract, the Contrac ng cer (C ) shall issue a unilateral modi ca on for deobliga on. The contractor will receive a copy of the modi ca on but will not be required to provide a signature. The C shall immediately proceed with contract closeout upon comple on of the period of performance, receipt and acceptance of supplies or services, and nal payment.

(b) If unobligated funds of more than 1000 remain on the contract, the C shall issue a bilateral modi ca on for deobliga on. The contractor will receive a copy of the modi ca on and will be required to provide a signature. (The C may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP.) If the bilateral modi ca on and Release of Claims are not returned to the C within 60 days, the C shall release the modi ca on as unilateral and proceed with contract closeout upon comple on of the period of performance, receipt and acceptance of supplies or services, and nal payment.

PART 4.0 – PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

NAME TITLE DATE

52.204-7 System for Award Management ( ov 2024) 52.204-16 Commercial and overnment Entity Code Reporting (Aug 2020) 52.212-1 Instructions to fferors—Commercial Products and Commercial (Sep 2023)

Services

PROVISIONS INCORPORATED BY FULL TEXT

52.204-24 Representa on Regarding Certain Telecommunica ons and ideo Surveillance Services or Equipment ( ov 2021)

The eror shall not complete the representa on at paragraph (d)(1) of this provision if the eror has represented that it does not provide covered telecommunica ons equipment or services as a part of its o ered products or services to the overnment in the performance of any contract, subcontract, or other contractual instrument in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunica ons Equipment or Services—Representa on, or in paragraph (v)(2)(i) of the provision at 52.212-3, eror Representa ons and Cer ca ons-Commercial Products or Commercial Services.

The eror shall not complete the representa on in paragraph (d)(2) of this provision if the eror has represented that it does not use covered telecommunica ons equipment or services, or any equipment, system, or service that uses covered telecommunica ons 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) As used in this provision— have the meanings provided in the clause 52.204-25, Prohibi on on Contrac ng for Certain Telecommunica ons and ideo Surveillance Services or Equipment.

(b) .

(1) Sec on 889(a)(1)(A) of the John S. McCain a onal Defense Authori a on Act for Fiscal ear 2019 (Pub. L. 115-232) prohibits the head of an execu ve agency on or a er 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 telecommunica ons equipment or services as a substan al or essen al component of any system, or as cri cal technology as part of any system. othing in the prohibi on shall be construed to—

(i) Prohibit the head of an execu ve agency from procuring with an en ty to provide a service that connects to the facili es of a third-party, such as bac haul, roaming, or interconnec on arrangements or

(ii) Cover telecommunica ons equipment that cannot route or redirect user data tra c or cannot permit visibility into any user data or pac ets that such equipment transmits or otherwise handles.

(2) Sec on 889(a)(1)(B) of the John S. McCain a onal Defense Authori a on Act for Fiscal ear 2019 (Pub. L. 115-232) prohibits the head of an execu ve agency on or a er August 13, 2020, from entering into a contract or extending or renewing a contract with an en ty that uses any equipment, system, or service that uses covered telecommunica ons equipment or services as a substan al or essen al component of any system, or as cri cal technology as part of any system. This prohibi on applies to the use of covered telecommunica ons equipment or services, regardless of whether that use is in performance of wor under a Federal contract. othing in the prohibi on shall be construed to—

(i) Prohibit the head of an execu ve agency from procuring with an en ty to provide a service that connects to the facili es of a third-party, such as bac haul, roaming, or interconnec on arrangements or

(ii) Cover telecommunica ons equipment that cannot route or redirect user data tra c or cannot permit visibility into any user data or pac ets that such equipment transmits or otherwise handles.

(c) The eror shall review the list of excluded par es in the System for Award Management (SAM) ( h ps://www.sam.gov) for en es excluded from receiving federal awards for covered telecommunica ons equipment or services .

(d) The eror represents that—

(1) It will, will not provide covered telecommunica ons equipment or services to the overnment in the performance of any contract, subcontract or other contractual instrument resul ng from this solicita on. The eror shall provide the addi onal disclosure informa on required at paragraph (e)(1) of this sec on if the eror responds will in paragraph (d)(1) of this sec on and

(2) A er conduc ng a reasonable inquiry, for purposes of this representa on, the eror represents that—

It does, does not use covered telecommunica ons equipment or services, or use any equipment, system, or service that uses covered telecommunica ons equipment or services.

The eror shall provide the addi onal disclosure informa on required at paragraph (e)(2) of this sec on if the eror responds does in paragraph (d)(2) of this sec on.

(e)

(1) Disclosure for the representa on in paragraph (d)(1) of this provision. If the eror has responded will in the representa on in paragraph (d)(1) of this provision, the eror shall provide the following informa on as part of the o er:

(i) For covered equipment—

(A) The en ty that produced the covered telecommunica ons equipment (include en ty name, unique en ty iden er, CA E code, and whether the en ty was the original equipment manufacturer ( EM) or a distributor, if nown)

(B) A descrip on of all covered telecommunica ons equipment o ered (include brand model number, such as EM number, manufacturer part number, or wholesaler number and item descrip on, as applicable) and

(C) Explana on of the proposed use of covered telecommunica ons equipment and any factors relevant to determining if such use would be permissible under the prohibi on in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A descrip on of all covered telecommunica ons services o ered (include on the item being maintained: Brand model number, such as EM number, manufacturer part number, or wholesaler number and item descrip on, as applicable) or

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

(2) Disclosure for the representa on in paragraph (d)(2) of this provision. If the eror has responded does in the representa on in paragraph (d)(2) of this provision, the eror shall provide the following informa on as part of the o er:

(i) For covered equipment—

(A) The en ty that produced the covered telecommunica ons equipment (include en ty name, unique en ty iden er, CA E code, and whether the en ty was the EM or a distributor, if nown)

(B) A descrip on of all covered telecommunica ons equipment o ered (include brand model number, such as EM number, manufacturer part number, or wholesaler number and item descrip on, as applicable) and

(C) Explana on of the proposed use of covered telecommunica ons equipment and any factors relevant to determining if such use would be permissible under the prohibi on in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A descrip on of all covered telecommunica ons services o ered (include on the item being maintained: Brand model number, such as EM number, manufacturer part number, or wholesaler number and item descrip on, as applicable) or

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation ( ct 2020)

(a) As used in this provision, covered telecommunica ons equipment or services and reasonable inquiry have the meaning provided in the clause 52.204-25, Prohibi on on Contrac ng for

Certain Telecommunica ons and ideo Surveillance Services or Equipment.

(b) The eror shall review the list of excluded par es in the System for Award Management (SAM) ( h ps://www.sam.gov) for en es excluded from receiving federal awards for covered telecommunica ons equipment or services .

(c) (1) The eror represents that it does, does not provide covered telecommunica ons equipment or services as a part of its o ered products or services to the overnment in the performance of any contract, subcontract, or other contractual instrument.

(2) A er conduc ng a reasonable inquiry for purposes of this representa on, the o eror represents that it does, does not use covered telecommunica ons equipment or services, or any equipment, system, or service that uses covered telecommunica ons equipment or services.

(End of provision)

52.212-1 ADDE DUM

Provision 52.212-1 Instructions to fferors – Commercial Items – September 2023 is replaced in its entirety by this addendum.

(a) The

AICS code(s) and small business si e standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business si e standard for a concern that submits an quote, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under AICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold

(2) Uses the HUB one price evaluation preference regardless of dollar value, unless the quoter waives the price evaluation preference or

(3) Is an 8(a), HUB one, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submit quotes to Stephen Tees at Stephen.Tees@usda.gov at or before the date/time specified in this solicitation. See Part 1.1 SCHEDULE TES I STRUCTI S T C TRACT RS for quotation submission requirements.

(c) uotations shall be valid for at least 30 calendar days from the date specified for receipt of quotations, unless another time period is specified in the solicitation.

(d) . When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotes. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the overnment, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) . Quoters are encouraged to submit multiple quotations for satisfying the requirements of this solicitation. Each quote submitted will be evaluated separately.

(f) Quotes must be received by the date and time specified in this solicitation. A late quote will not be considered unless it is received before award is made and the Contracting fficer determines that accepting the late quote would not unduly delay the acquisition. In the case of an emergency or unanticipated event that delays overnment operations so that quotes cannot be received, the deadline will be extended by one wor ing day.

(g) Quotations should contain the quoter’s best technical and price terms. The Contracting fficer may re ect any or all quotations. The Contracting fficer may award to other than the quoter with the lowest priced quotation. After conducting a comparative evaluation of quotations in accordance with FAR Part 13, Simplified Acquisition Procedures, the Contracting fficer may negotiate final terms with one or more quoters of the overnment’s choice before issuing the contract.

The Contracting fficer will not negotiate with any quoters other than those of the overnment’s choice and will not use the formal source selection procedures described in FAR part 15.

(h) . The overnment may issue a contract for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The overnment reserves the right to issue a contract for any item for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The SA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

SA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Pla a, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the eneral Services Administration, Department of Agriculture, or Department of eterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wi ard (https://assist.dla.mil/wi ard/index.cfm)

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST or

(iii) rdering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) ongovernment (voluntary) standards must be obtained from the organi ation responsible for their preparation, publication, or maintenance.

( ) (Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Quoter shall enter, in the block with its name and address on the cover page of its quote, the annotation Unique Entity Identifier followed by the unique entity identifier that identifies the Quoter’s name and address.

The Quoter also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Quoter does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Quoter should indicate that it is a quoter for a overnment contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.

(End of provision)

52.212-3 fferor Representations and Certifications—Commercial Products and Commercial Services (May 2024) (DE IATI FEB 2025)

The eror shall complete only paragraph (b) of this provision if the eror has completed the annual representa ons and cer ca on electronically in the System for Award Management (SAM) accessed through h ps://www.sam.gov. If the eror has not completed the annual representa ons and cer ca ons electronically, the eror shall complete only paragraphs (c) through (v) of this provision.

(a) . As used in this provision— has the meaning provided in the clause 52.204-25, Prohibi on on Contrac ng for Certain Telecommunica ons and ideo Surveillance Services or Equipment.

- means a small business concern that is at least 51 percent directly and uncondi onally owned by, and the management and daily business opera ons of which are controlled by, one or more women who are ci ens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is cer ed by SBA or an approved third-party cer er in accordance with 13 CFR 127.300. It automa cally quali es as a women-owned small business eligible under the W SB Program.

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 o er 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 penal es.

- means the en ty that owns or controls an immediate owner of the o eror, or that owns or controls one or more en es that control an immediate owner of the o eror. o en ty owns or exercises control of the highest level owner.

means an en ty, other than the o eror, that has direct control of the o eror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, iden ty of interests among family members, shared facili es and equipment, and the common use of employees.

, means a foreign incorporated en ty that meets the de ni on of an inverted domes c corpora on under 6 U.S.C. 395(b), applied in accordance with the rules and de ni ons of 6 U.S.C. 395(c).

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 roup (PS ) 87, Agricultural Supplies

(3) PS 88, Live Animals

(4) PS 89, Subsistence

(5) PSC 9410, Crude rades of Plant Materials

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products

(8) PSC 9610, res

(9) PSC 9620, Minerals, atural and Synthe c and

(10) PSC 9630, Addi ve Metal Materials.

means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the nished product that is to be provided to the overnment. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

means an en ty that is replaced by a successor and includes any predecessors of the predecessor.

has the meaning provided in the clause 52.204-25, Prohibi on on Contrac ng for Certain Telecommunica ons and ideo Surveillance Services or Equipment.

means business opera ons in Sudan that include power produc on ac vi es, mineral extrac on ac vi es, oil-related ac vi es, or the produc on of military equipment, as those terms are de ned in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110- 174). Restricted business opera ons do not include business opera ons that the person (as that term is de ned in Sec on 2 of the Sudan Accountability and Divestment Act of 2007) conduc ng the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan

(2) Are conducted pursuant to speci c authori a on from the ce of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authori a on

(3) Consist of providing goods or services to marginali ed popula ons of Sudan

(4) Consist of providing goods or services to an interna onally recogni ed peacekeeping force or humanitarian organi a on

(5) Consist of providing goods or services that are used only to promote health or educa on or

(6) Have been voluntarily suspended. Sensi ve technology —

(1) Means hardware, so ware, telecommunica ons equipment, or any other technology that is to be used speci cally—

(i) To restrict the free ow of unbiased informa on in Iran or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran and

(2) Does not include informa on or informa onal materials the export of which the President does not have the authority to regulate or prohibit pursuant to sec on 203(b)(3) of the Interna onal Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(3)).

- - means a small business concern—

(1) (i) ot less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans and

(ii) The management and daily business opera ons of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or

(2) A small business concern eligible under the SD SB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) - , as used in this de ni on, means a veteran as de ned in 38 U.S.C. 101(2), with a disability that is service connected, as de ned in 38 U.S.C. 101(16), and who is registered in the Bene ciary Iden ca on and Records Locator Subsystem, or successor system that is maintained by the Department of eterans A airs’ eterans Bene ts Administra on, as a service-disabled veteran.

means an SD SB concern that—

(1) E ec ve January 1, 2024, is designated in the System for Award Management (SAM) as cer ed by the Small Business Administra on (SBA) in accordance with 13 CFR 128.300 or

(2) Has represented that it is an SD SB concern in SAM and submi ed a complete applica on for cer ca on to SBA on or before December 31, 2023.

- - means a program that authori es contrac ng o cers to limit compe on, including award on a sole-source basis, to SD SB concerns eligible under the SD SB Program.

(1) Means a concern, including its a liates, that is independently owned and operated, not dominant in its eld of opera on, and quali ed as a small business under the criteria in 13 CFR part 121 and si e standards in this solicita on.

(2) , as used in this de ni on, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or par es control or have the power to control the others. In determining whether a lia on exists, considera on is given to all appropriate factors including common ownership, common management, and contractual rela onships. SBA determines a lia on based on the factors set forth at 13 CFR 121.103.

, consistent with 13 CFR 124.1001, means a small business concern under the si e standard applicable to the acquisi on, that—

(1) Is at least 51 percent uncondi onally and directly owned (as de ned at 13 CFR 124.105) by—

(i) ne or more socially disadvantaged (as de ned at13 CFR 124.103) and economically disadvantaged (as de ned at 13 CFR 124.104) individuals who are ci ens of the United States and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) a er taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2) and

(2) The management and daily business opera ons of which are controlled (as de ned at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this de ni on.

means an en ty in which more than 50 percent of the en ty is owned—

(1) Directly by a parent corpora on or

(2) Through another subsidiary of a parent corpora on means an en ty that has replaced a predecessor by acquiring the assets and carrying out the a airs of the predecessor under a new name (o en through acquisi on or merger). The term successor does not include new o ces/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabili es of the predecessor may vary, depending on State law and speci c circumstances.

- means a small business concern—

(1) ot less than 51 percent of which is owned and controlled by one or more veterans (as de ned at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans and

(2) The management and daily business opera ons of which are controlled by one or more veterans.

- means a concern which is at least 51 percent owned by one or more women or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women and whose management and daily business opera ons are controlled by one or more women

- means a small business concern—

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women and

(2) Whose management and daily business opera ons are controlled by one or more women.

- (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and uncondi onally owned by, and the management and daily business opera ons of which are controlled by, one or more women who are ci ens of the United States, and the concern is cer ed by SBA or an approved third-party cer er in accordance with 13 CFR 127.300.

(b) (1) . Any changes provided by the eror in paragraph (b)(2) of this provision do not automa cally change the representa ons and cer ca ons in SAM.

(2) The o eror has completed the annual representa ons and cer ca ons electronically in SAM accessed through h p://www.sam.gov. A er reviewing SAM informa on, the eror veri es by submission of this o er that the representa ons and cer ca ons currently posted electronically at

FAR 52.212-3, eror Representa ons and Cer ca ons-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicita on (including the business si e standard(s) applicable to the AICS code(s) referenced for this solicita on), at the me this o er is submi ed and are incorporated in this o er by reference (see FAR 4.1201), except for paragraphs __.

(c) erors must complete the following representa ons when the resul ng contract is for supplies to be…