12639526Q0262 SOLICITATION.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

APHIS-WS-NRMP-1574 CODE 16. ADMINISTERED BYCODE

X

X

325412

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

09/07/2026 1700 ET

08/06/2026

612-336-3465TODD BIERL

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639526Q0262

5. SOLICITATION NUMBER

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

1 35 1171341OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

See Schedule

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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 SCHEDULEX

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.

DELIVER TO:

NATIONAL RABIES MANAGEMENT PROGRAM

USDA, APHIS, WS

59 CHENELL DRIVE

Suite 2

CONCORD NH 03301-8548 US

Description of Supplies This acquisition is for RABORAL V-RG® containing oral rabies vaccine (ORV) on demand during 2026 and 2027. Wildlife Services proposes purchasing

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

TODD K. BIERL

. 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

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.

up to 6,965,000 units of the RABORAL V-RG® bait.

Two bait constructs containing the oral rabies vaccine are available ¿ the coated sachet and fishmeal polymer. Each bait contains an identifying label as to the contents of the bait and a toll-free phone number where people can obtain information about the baits. The oral vaccine contained in all bait types is the same, live recombinant that uses attenuated Vaccinia

(V) virus to vector the rabies glycoprotein (RG) gene. The vaccine CANNOT cause rabies but produces antibodies against rabies infection in most carnivore species that receive an adequate dose.

Rabies control frequently requires immediate access to additional baits in excess of supply ordered and delivered for standard operations.

To meet this critical need, WS has a requirement to purchase in advance and store a limited supply of baits. The only ORV baits fully licensed for use in the United States by USDA or other appropriate federal, state or county agencies are the coated sachet (128370), and fishmeal polymer

(128425), both of which are manufactured under the product name RABORAL V-RG® by

Boehringer-Ingelheim Animal Health USA, Inc.

(formerly Merial, Inc.), Athens, Georgia.

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

35 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639526Q0262

Contract Type and Term

The government is awarding a firm fixed price

IDIQ contract with a one-year period of performance.

Delivery

Purchase price will include all shipping costs, FOB destination, to the CONUS locations specified at time of order. Specific shipping addresses will be coordinated with the technical POC after award.

Evaluation Criteria

Technical and Regulatory ComplianceUSDA

Licensure: Proof of valid licenses or active permits issued by the USDA Animal and Plant

Health Inspection Service (APHIS) Center for

Veterinary Biologics (CVB).

Efficacy and Potency: Demonstrated data from controlled challenge or serological studies proving protection against target animal pathogens.

Safety Profile: Documentation showing minimal local or systemic adverse reactions in target species and batch consistency.

Manufacturing and Supply Chain QualitycGMP

Compliance: Adherence to current Good

Manufacturing Practices for veterinary biologics.

Cold Chain and Stability: Validated shipping, handling, and storage protocols to maintain product potency across the required shelf life.

Scalability and Surge Capacity: Ability to manufacture, store, and deliver large quantities on short notice for emergency disease control.

Past Performance and Price Past Performance:

Evaluation of recent (within 3 years) government or commercial contracts for similar biological products, focusing on delivery timelines and product quality.

Price Realism and Reasonableness: Total evaluated pricing including unit costs, volume discounts, and shipping logistics.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639526Q0262

Read SOW!!

No more than 100 pages.

No late submissions accepted.

Submissions/Quotes submitted to:

todd.k.bierl@usda.gov

Todd K. Bierl

(Major Program Contracting Officer)

Emergency Acquisition

Marketing and Regulatory Program Business (MRPBS)

Acquisition and Asset Management Division (AAMD)

Acquisition Branch

Animal and Plant Health Inspection Service (APHIS)

Office#(612)336-3465

Cell# (612)500-1321/(763)286-8084

Delivery: 09/07/2026

Period of Performance: 08/06/2026 to 09/07/2026

0001 RABORAL VRG RACCOON BAITS, COATED SACHETS, 2445000 EA

128370 (8150 lots of 300)

Todd K. Bierl

(Major Program Contracting Officer)

Emergency Acquisition

Marketing and Regulatory Program Business (MRPBS)

Acquisition and Asset Management Division (AAMD)

Acquisition Branch

Animal and Plant Health Inspection Service (APHIS)

Office#(612)336-3465

Cell# (612)500-1321/(763)286-8084

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

12639526Q0262 4

PART 1.0 – THE SCHEDULE OF ITEMS Continued

0001 CLINS

Ordering Period One: September 10, 2026 to September 30, 2027

Item Description of Item Unit Est. Unit Total No. Qty. Price Price

0001a. Virus-vectored vaccine bait to orally immunize wildlife. EA 6,915,000 $_______ $_______ RABORAL V-RG® coated sachet Part number 128370

0001b. Virus-vectored vaccine bait to orally immunize wildlife. EA 50,000 $_______ $_______ RABORAL V-RG® fishmeal polymer Part number 128425

0001c. Bait storage, annual maximums: Per 50 $_______ $_______ 4 million baits or less, not to exceed pallet/ 12 months in length month

Contract Ceiling: $9,000,000.00

SCHEDULE NOTES

The quantities as listed in the “Schedule of Items” are estimated requirements for this contract period. The Government estimates, but does not guarantee, the volume of purchases under this contract. The USDA, APHIS, WS attempts to be as accurate as possible when providing estimated quantities, however, actual quantities required may vary from the quantities listed. Other than the minimum contract amount of $50,000.00, no guarantee is given as to the actual quantity ordered during the term of this contract.

12639526Q0262 5

PART 2.0 SPECIFICATIONS

2.1 Background

The USDA APHIS WS requires the oral rabies vaccine (ORV) RABORAL V-RG® to support ongoing mission-critical ORV bait distribution for wildlife rabies management at a landscape scale. WS initiated a national cooperative ORV program in 1998, which includes 14 states at the present time. ORV bait distribution is maintained in areas integrated with natural geographic features such as large lakes, rivers and the Appalachian Mountains in the eastern US to prevent the spread of the raccoon rabies virus variant into new areas. Raccoon rabies occurs from southwest Alabama to Maine. ORV also has been used successfully in Texas to contain and eliminate unique rabies virus variants in coyotes and gray foxes. RABORAL V-RG® is the only licensed oral rabies vaccine for use in the US targeting wildlife and has been used by WS since the inception of the national cooperative program.

2.2 Description of Supplies

This acquisition is for RABORAL V-RG® containing oral rabies vaccine (ORV) on demand during 2026 and 2027. Wildlife Services proposes purchasing up to 6,965,000 units of the RABORAL V-RG® bait. Two bait constructs containing the oral rabies vaccine are available – the coated sachet and fishmeal polymer. Each bait contains an identifying label as to the contents of the bait and a toll-free phone number where people can obtain information about the baits.

The oral vaccine contained in all bait types is the same, live recombinant that uses attenuated Vaccinia (V) virus to vector the rabies glycoprotein (RG) gene. The vaccine CANNOT cause rabies but produces antibodies against rabies infection in most carnivore species that receive an adequate dose.

Rabies control frequently requires immediate access to additional baits in excess of supply ordered and delivered for standard operations. To meet this critical need, WS has a requirement to purchase in advance and store a limited supply of baits. The only ORV baits fully licensed for use in the United States by USDA or other appropriate federal, state or county agencies are the coated sachet (128370), and fishmeal polymer (128425), both of which are manufactured under the product name RABORAL V-RG® by Boehringer-Ingelheim Animal Health USA, Inc.

(formerly Merial, Inc.), Athens, Georgia.

2.3 Contract Type and Term

The government is awarding a firm fixed price IDIQ contract with a one-year period of performance.

2.4 Delivery

Purchase price will include all shipping costs, FOB destination, to the CONUS locations specified at time of order. Specific shipping addresses will be coordinated with the technical POC after award.

12639526Q0262 6

2.5 Storage (Strategic Vaccine Stockpile)

Boehinger-Ingelheim Animal Health USA, Inc. (BIAH) will provide, if requested by written task order, all supplies, materials, supervision, equipment, tools, pest control, licenses, permits, certifications and sufficient workforce to warehouse/store Government-purchased rabies baits in accordance with storage requirements. The Contractor will exercise such care as a reasonably prudent person would use to provide, operate and maintain a segregated and secure area at 115 Transtech Drive, Athens GA. BIAH shall not be liable for loss or damage which could not have been avoided by the exercise of such care. BIAH shall not be liable for any such loss or damage to the extent caused or contributed to by the negligent acts or omissions of the Government.

Inspection and acceptance by the Government will occur when the baits are delivered to the segregated warehousing area. Written task orders requesting that the Government-purchased baits be held in storage must be received on or before September 30th of the appropriate year, and all transfers of the Government-purchased Baits pursuant to such a written task order will occur by January 31st of the following year, provided BIAH has adequate inventory and storage space available. Immediately upon transfer of the Government-purchased baits to the segregated warehousing area, title and risk of ownership of the Baits will transfer to the Government. BIAH will provide the Government with a list of the lot numbers and expiry dates of the baits transferred to the storage location, and the Government will have five (5) business days to raise any objections it may have to any of the products transferred. The maximum annual storage permitted amount is approximately 4,000,000 Baits, and the baits may be stored no longer than 12 months. The baits with the shortest expiration date will be shipped first. Baits may be inspected by the Government with at least 48 hours’ notice prior to visiting during normal business hours.

The Baits require a controlled environment that ensures bait and vaccine integrity. BIAH will use such care as a reasonably prudent person would use to have in place an effective pest control program and to monitor and maintain electronic record of the temperature of the location to assure the baits are stored in accordance with the appropriate temperature requirements. All applicable regulatory requirements related to the storage of veterinary pharmaceutical products and veterinary biological products will also be followed. BIAH shall not be liable for loss or damage which could not have been avoided by the exercise of such care. BIAH shall not be liable for any such loss or damage to the extent caused or contributed to by the negligent acts or omissions of the Government.

The Government-purchased baits are non-returnable and non-refundable, except to the extent the bait(s) was (were) defective when delivered to the storage location or the field location, in which event the Government-purchased product can be returned to BIAH for replacement only.

It shall be the sole responsibility of the Government to have the Government-purchased baits shipped to a field location prior to their expiration dates. BIAH shall be responsible for storing and delivering the Government-purchased baits in a manner that retains the product quality.

BIAH shall not be responsible for any losses resulting from the Government-purchased baits not being transferred from the storage location or not being used prior to their expiration dates. If Government-purchased baits are held beyond the expiry date at the storage location, the Government will contract with BIAH for the proper disposal of the outdated Baits at a cost of $0.60/pound. BIAH will invoice the Government for this disposal service with payment terms of net 30 Days.

12639526Q0262 7

The price for storing the Government-purchased baits and providing the other associated services described in this Agreement shall be $5.00 per pallet per month and shall also include the costs for insuring and transferring the Government-purchased Baits in accordance with the terms of this Agreement. Title to and the right of immediate possession of all Government-purchased Baits shall at all times be and remain with the Government, and neither BIAH nor any other party claiming through BIAH shall have any right of property therein.

2.6 Confidential Information and Non-Disclosure Obligations

Any and all information, specifications, data, know how, materials and all other communications, oral or written, disclosed or provided by either party to the other, or derived from visits to the BIAH facilities or warehouse, and any analysis, materials, products or conclusions drawn or derived there from regarding RABORAL V-RG® baits, raw materials, processes, formulations, analytical procedures, clinical procedures, methodologies, products, samples and specimens or any other facility functions (“INFORMATION”), will be used solely for the purposes set forth herein. The receiving party will keep all INFORMATION in confidence and will not, without the disclosing party’s prior written consent, disclose said INFORMATION to any person or entity, except those of its officers, employees, and permitted sub-contractors, who require said INFORMATION for fulfillment of the purpose set forth herein. Each officer, employee, or permitted sub-contractor to whom INFORMATION is to be disclosed will be advised by the receiving party of, and bound by, the terms of this Agreement.

Neither party will use, either directly or indirectly, any INFORMATION for any purpose other than as set forth herein without the disclosing party’s prior written consent. The receiving party’s obligations of confidentiality set forth herein will not apply to any INFORMATION which is: (a) possessed by the receiving party prior to receipt from the disclosing party, other than through prior disclosure by the disclosing party, as evidenced by the receiving party’s written records; (b) published or available to the general public other than through a breach of this Agreement; or (c) obtained by the receiving party from a third party with a valid right to disclose such INFORMATION, provided that said third party is not under a confidentiality obligation to the disclosing party.

All INFORMATION, without limitation, will remain the personal and proprietary property of the disclosing party. The receiving party will not acquire any license or other intellectual property interest in any INFORMATION disclosed to it by the disclosing party. Further, disclosure of INFORMATION will not result in any obligation to grant the receiving party any right in and to said INFORMATION. Upon request by the disclosing party, the receiving party will immediately return to the disclosing party said INFORMATION, all notes which may have been made regarding the INFORMATION, and all copies thereof. The receiving party may retain, in a confidential file, one copy of each item of INFORMATION and notes regarding the same, provided that said copy will be retained and used solely for the purpose of complying with the receiving party’s confidentiality obligations hereunder.

In the event that the receiving party is required by judicial or administrative process to disclose any or all of the INFORMATION, the receiving party will promptly notify the disclosing party

12639526Q0262 8 and allow the disclosing party a reasonable time to oppose such process before disclosing any INFORMATION. The parties understand and agree that any use or dissemination of INFORMATION in violation of this Agreement will cause the disclosing party irreparable harm, will leave the disclosing party with no adequate remedy at law and will, thereby, entitle the disclosing party to injunctive relief in addition to an action and judgment for all damages sustained. This Section and the obligations created herein will be binding upon the parties, their successors and assigns with respect to each successive disclosure of INFORMATION and, with respect to each disclosure, will continue for five (5) years from the date of said disclosure.

Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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 clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) ☐ Alternate I (Nov 2025) of 52.212-4 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025) ☐ Alternate I (Nov 2025) of 52.222-50 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025) ☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

12639526Q0262 9

The following clauses are applicable if checked:

☒ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6 X 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) ☐ 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) ☐ 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 X 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☐ 52.204-91 Contractor identification (Nov 2025) ☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☒ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☐ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov 2025) 52.219-6 Notice of Total Small Business Aside (Nov 2025) ☐ Alternate I (Mar 2020).

52.219-8 Utilization of Small Business Concerns (Nov 2025) ☐ 52.219-9 Small Business Subcontracting Plan (Nov 2025) ☐ Alternate III (Nov 2025) of 52.219-9.

☐ Alternate IV (Nov 2025) of 52.219-9 ☒ 52.219-14 Limitations on Subcontracting (Nov 2025) ☐ 52.219-16 Liquidated Damages—Subcontracting Plan (Nov 2025) ☐ 52.219-33 Nonmanufacturer Rule (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☒ 52.222-35 Equal Opportunity for Veterans (Nov 2025) ☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☒ Alternate I (Jul 2014) of 52.222-36 ☒ 52.222-37 Employment Reports on Veterans (Nov 2025) ☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec

52.216-18 Ordering (Aug 2020)

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

12639526Q0262 10

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall be control.

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

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

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

(3) If sent electronically, the Government either—

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

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

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

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

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

12639526Q0262 11

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

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

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

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

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

(End of clause)

452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of *, but not in excess of *.

(End of Clause)

*Contracting Officer shall insert appropriate quantity or dollar amounts.

Subpart 16.5 - Indefinite-Delivery Contracts

16.500 Scope of subpart.

12639526Q0262 12

(a) This subpart prescribes policies and procedures for making awards of indefinite-delivery contracts and establishes a preference for making multiple awards of indefinite-quantity contracts.

(b) This subpart does not limit the use of other than competitive procedures authorized by part 6.

(c) Nothing in this subpart restricts the authority of the General Services Administration (GSA) to enter into schedule, multiple awards, or task or delivery order contracts under any other provision of law. Therefore, GSA regulations and the coverage for the Federal Supply Schedule program in subpart 8.4 and part 38 take precedence over this subpart.

(d) The statutory multiple award preference implemented by this subpart does not apply to architect-engineer contracts subject to the procedures in subpart 36.6. However, agencies are not precluded from making multiple awards for architect-engineer services using the procedures in this subpart, provided the selection of contractors and placement of orders are consistent with subpart 36.6.

(e) See subpart 19.5 for procedures to set aside part or parts of multiple-award contracts for small businesses; to reserve one or more awards for small business on multiple-award contracts;

and to set aside orders for small businesses under multiple-award contracts.

16.501-1 Definitions.

As used in this subpart-

Delivery-order contract means a contract for supplies that does not procure or specify a firm quantity of supplies (other than a minimum or maximum quantity) and that provides for the issuance of orders for the delivery of supplies during the period of the contract.

Task-order contract means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract.

16.501-2 General.

(a) There are three types of indefinite-delivery contracts: definite-quantity contracts, requirements contracts, and indefinite-quantity contracts. The appropriate type of indefinite delivery contract may be used to acquire supplies and/or services when the exact times and/or exact quantities of future deliveries are not known at the time of contract award. Pursuant to 10 U.S.C. 2304d and 41 U.S.C. 4101, requirements contracts and indefinite-quantity contracts are also known as delivery-order contracts or task-order contracts.

(b) The various types of indefinite delivery contracts offer the following advantages:

(1) All three types permit-

(i) Government stocks to be maintained at minimum levels; and

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(ii) Direct shipment to users.

(2) Indefinite-quantity contracts and requirements contracts also permit-

(i) Flexibility in both quantities and delivery scheduling; and

(ii) Ordering of supplies or services after requirements materialize.

(3) Indefinite-quantity contracts limit the Government’s obligation to the minimum quantity specified in the contract.

(4) Requirements contracts may permit faster deliveries when production lead time is involved, because contractors are usually willing to maintain limited stocks when the Government will obtain all of its actual purchase requirements from the contractor.

(c) Indefinite delivery contracts may provide for any appropriate cost or pricing arrangement under part 16. Cost or pricing arrangements that provide for an estimated quantity of supplies or services (e.g., estimated number of labor hours) must comply with the appropriate procedures of this subpart.

16.504 Indefinite-quantity contracts.

(a) Description. An indefinite-quantity contract provides for an indefinite quantity, within stated limits, of supplies or services during a fixed period. The Government places orders for individual requirements. Quantity limits may be stated as number of units or as dollar values.

(1) The contract must require the Government to order and the contractor to furnish at least a stated minimum quantity of supplies or services. In addition, if ordered, the contractor must furnish any additional quantities, not to exceed the stated maximum. The contracting officer should establish a reasonable maximum quantity based on market research, trends on recent contracts for similar supplies or services, survey of potential users, or any other rational basis.

(2) To ensure that the contract is binding, the minimum quantity must be more than a nominal quantity, but it should not exceed the amount that the Government is fairly certain to order.

(3) The contract may also specify maximum or minimum quantities that the Government may order under each task or delivery order and the maximum that it may order during a specific period of time.

(4) A solicitation and contract for an indefinite quantity must-

(i) Specify the period of the contract, including the number of options and the period for which the Government may extend the contract under each option;

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(ii) Specify the total minimum and maximum quantity of supplies or services the Government will acquire under the contract;

(iii) Include a statement of work, specifications, or other description, that reasonably describes the general scope, nature, complexity, and purpose of the supplies or services the Government will acquire under the contract in a manner that will enable a prospective offeror to decide whether to submit an offer;

(iv) State the procedures that the Government will use in issuing orders, including the ordering media, and, if multiple awards may be made, state the procedures and selection criteria that the Government will use to provide awardees a fair opportunity to be considered for each order (see 16.505(b)(1));

(v) Include a description of the activities authorized to issue orders; and

(vi) Include authorization for placing oral orders, if appropriate, provided that the Government has established procedures for obligating funds and that oral orders are confirmed in writing.

(b) Application. Contracting officers may use an indefinite-quantity contract when the Government cannot predetermine, above a specified minimum, the precise quantities of supplies or services that the Government will require during the contract period, and it is inadvisable for the Government to commit itself for more than a minimum quantity. The contracting officer should use an indefinite-quantity contract only when a recurring need is anticipated.

(c) Multiple award preference- (1) Planning the acquisition. (i) Except for indefinite-quantity contracts for advisory and assistance services as provided in paragraph (c)(2) of this section, the contracting officer must, to the maximum extent practicable, give preference to making multiple awards of indefinite-quantity contracts under a single solicitation for the same or similar supplies or services to two or more sources.

(ii) (A) The contracting officer must determine whether multiple awards are appropriate as part of acquisition planning. The contracting officer must avoid situations in which awardees specialize exclusively in one or a few areas within the statement of work, thus creating the likelihood that orders in those areas will be awarded on a sole-source basis;

however, each awardee need not be capable of performing every requirement as well as any other awardee under the contracts. The contracting officer should consider the following when determining the number of contracts to be awarded:

(1) The scope and complexity of the contract requirement.

(2) The expected duration and frequency of task or delivery orders.

(3) The mix of resources a contractor must have to perform expected task or delivery order requirements.

(4) The ability to maintain competition among the awardees throughout the contracts’ period of performance.

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(B) The contracting officer must not use the multiple award approach if-

(1) Only one contractor is capable of providing performance at the level of quality required because the supplies or services are unique or highly specialized;

(2) Based on the contracting officer’s knowledge of the market, more favorable terms and conditions, including pricing, will be provided if a single award is made;

(3) The expected cost of administration of multiple contracts outweighs the expected benefits of making multiple awards;

(4) The projected task orders are so integrally related that only a single contractor can reasonably perform the work;

(5) The total estimated value of the contract is at or below the simplified acquisition threshold; or

(6) Multiple awards would not be in the best interests of the Government.

(C) The contracting officer must document the decision whether or not to use multiple awards in the acquisition plan or contract file. The contracting officer may determine that a class of acquisitions is not appropriate for multiple awards (see subpart 1.7).

(D) (1) No task or delivery order contract in an amount estimated to exceed $100 million (including all options) may be awarded to a single source unless the head of the agency determines in writing that-

(i) The task or delivery orders expected under the contract are so integrally related that only a single source can reasonably perform the work;

(ii) The contract provides only for firm-fixed price (see 16.202) task or delivery orders for-

(A) Products for which unit prices are established in the contract; or

(B) Services for which prices are established in the contract for the specific tasks to be performed;

(iii) Only one source is qualified and capable of performing the work at a reasonable price to the Government; or

(iv) It is necessary in the public interest to award the contract to a single source due to exceptional circumstances.

(2) The head of the agency must notify Congress within 30 days after any determination under paragraph (c)(1)(ii)(D)(1)(iv) of this section.

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(3) The requirement for a determination for a single-award contract greater than $100 million-

(i) Is in addition to any applicable requirements of subpart 6.3; and

(ii) Is not applicable for architect-engineer services awarded pursuant to subpart 36.6.

(2) Contracts for advisory and assistance services. (i) Except as provided in paragraph (c)(2)(ii) of this section, if an indefinite-quantity contract for advisory and assistance services exceeds 3 years and $15 million, including all options, the contracting officer must make multiple awards unless-

(A) The contracting officer or other official designated by the head of the agency determines in writing, as part of acquisition planning, that multiple awards are not practicable.

The contracting officer or other official must determine that only one contractor can reasonably perform the work because either the scope of work is unique or highly specialized or the tasks so integrally related;

(B) The contracting officer or other official designated by the head of the agency determines in writing, after the evaluation of offers, that only one offeror is capable of providing the services required at the level of quality required; or

(C) Only one offer is received.

(ii) The requirements of paragraph (c)(2)(i) of this section do not apply if the contracting officer or other official designated by the head of the agency determines that the advisory and assistance services are incidental and not a significant component of the contract.

16.505 Ordering.

(a) General. (1) In general, the contracting officer does not synopsize orders under indefinite-delivery contracts; except see 16.505(a)(4) and (11), and 16.505(b)(2)(ii)(D).

(2) Individual orders shall clearly describe all services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the order is placed. Orders shall be within the scope, issued within the period of performance, and be within the maximum value of the contract.

(3) Performance-based acquisition methods must be used to the maximum extent practicable, if the contract or order is for services (see 37.102(a) and subpart 37.6).

(4) The following requirements apply when procuring items peculiar to one manufacturer:

(i) The contracting officer must justify restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer). A brand-name item, even if available on more than one contract, is an item

12639526Q0262 17 peculiar to one manufacturer. Brand-name specifications shall not be used unless the particular brand-name, product, or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

(ii) Requirements for use of items peculiar to one manufacturer shall be justified and approved using the format(s) and requirements from paragraphs (b)(2)(ii)(A), (B), and (C) of this section, modified to show the brand-name justification. A justification is required unless a justification covering the requirements in the order was previously approved for the contract in accordance with 6.302-1(c) or unless the base contract is a single-award contract awarded under full and open competition. Justifications for the use of brand-name specifications must be completed and approved at the time the requirement for a brand-name is determined.

(iii) (A) For an order in excess of $30,000, the contracting officer shall—

(1) Post the justification and supporting documentation on the agency website used (if any) to solicit offers for orders under the contract; or

(2) Provide the justification and supporting documentation along with the solicitation to all contract awardees.

(B) The justifications for brand-name acquisitions may apply to the portion of the acquisition requiring the brand-name item. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state; the approval level requirements will then only apply to that portion.

(C) The requirements in paragraph (a)(4)(iii)(A) of this section do not apply when disclosure would compromise the national security (e.g., would result in disclosure of classified information) or create other security risks.

(D) The justification is subject to the screening requirement in paragraph (b)(2)(ii)(D)(4) of this section.

(5) When acquiring information technology and related services, consider the use of modular contracting to reduce program risk (see 39.103(a)).

(6) Orders may be placed by using any medium specified in the contract.

(7) Orders placed under indefinite-delivery contracts must contain the following information:

(i) Date of order.

(ii) Contract number and order number.

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(iii) For supplies and services, line item number, subline item number (if applicable), description, quantity, and unit price or estimated cost and fee (as applicable). The corresponding line item number and subline item number from the base contract shall also be included.

(iv) Delivery or performance schedule.

(v) Place of delivery or performance (including consignee).

(vi) Any packaging, packing, and shipping instructions.

(vii) Accounting and appropriation data.

(viii) Method of payment and payment office, if not specified in the contract (see 32.1110(e)).

(ix) North American Industry Classification System code (see 19.102(b)(3)).

(8) Orders placed under a task-order contract or delivery-order contract awarded by another agency (i.e.,a Governmentwide acquisition contract, or multi-agency contract)—

(i) Are not exempt from the development of acquisition plans (see subpart 7.1), and an information technology acquisition strategy (see part 39);

(ii) May not be used to circumvent conditions and limitations imposed on the use of funds (e.g., 31 U.S.C.1501(a)(1)); and

(iii) Shall comply with all FAR requirements for a consolidated or bundled contract when the order meets the definition at 2.101(b) of "consolidation" or "bundling".

(9) In accordance with section 1427(b) of Public Law 108-136 (40 U.S.C. 1103 note), orders placed under multi-agency contracts for services that substantially or to a dominant extent specify performance of architect-engineer services, as defined in 2.101, shall—

(i) Be awarded using the procedures at subpart 36.6; and

(ii) Require the direct supervision of a professional architect or engineer licensed, registered or certified in the State, Federal District, or outlying area, in which the services are to be performed.

(10) (i) No protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except—

(A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or

(B) (1) For agencies other than DoD, NASA, and the Coast Guard, a protest of an order valued in excess of $10 million (41 U.S.C. 4106(f)); or

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(2) For DoD, NASA, or the Coast Guard, a protest of an order valued in excess of $25 million (10 U.S.C. 2304c(e)).

(ii) Protests of orders in excess of the thresholds stated in 16.505(a)(10)(i)(B) may only be filed with the Government Accountability Office, in accordance with the procedures at 33.104.

(iii) For protests of small business size status for set-aside orders, see 19.302.

(11) Publicize orders funded in whole or in part by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) as follows:

(i) Notices of proposed orders shall follow the procedures in 5.704 for posting orders.

(ii) Award notices for orders shall follow the procedures in 5.705.

(12) When using the Governmentwide commercial purchase card as a method of payment, orders at or below the micro-purchase threshold are exempt from verification in the System for Award Management as to whether the contractor has a delinquent debt subject to collection under the Treasury Offset Program (TOP).

(b) Orders under multiple-award contracts— (1) Fair opportunity. (i) The contracting officer must provide each awardee a fair opportunity to be considered for each order exceeding $3,500 issued under multiple delivery-order contracts or multiple task-order contracts, except—

(A) As provided for in paragraph (b)(2) of this section; or

(B) Orders issued under 19.504(c)(1)(ii).

(ii) The contracting officer may exercise broad discretion in developing appropriate order placement procedures. The contracting officer should keep submission requirements to a minimum. Contracting officers may use streamlined procedures, including oral presentations. If the order does not exceed the simplified acquisition threshold, the contracting officer need not contact each of the multiple awardees under the contract before selecting an order awardee if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order. The competition requirements in part 6 and the policies in subpart 15.3 do not apply to the ordering process. However, the contracting officer shall—

(A) Develop placement procedures that will provide each awardee a fair opportunity to be considered for each order and that reflect the requirement and other aspects of the contracting environment;

(B) Not use any method (such as allocation or designation of any preferred awardee) that would not result in fair consideration being given to all awardees prior to placing each order;

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(C) Tailor the procedures to each acquisition;

(D) Include the procedures in the solicitation and the contract;

(E) Consider price or cost under each order as one of the factors in the selection decision;

(F)Except for DoD, ensure the criteria at 15.101-2(c)(1)-(5) are met when using the lowest price technically acceptable source selection process; and

(G)Except for DoD, avoid using the lowest price technically acceptable source selection process to acquire certain supplies and services in accordance with 15.101-2(d).

(iii) Orders exceeding the simplified acquisition threshold. (A) Each order exceeding the simplified acquisition threshold shall be placed on a competitive basis in accordance with paragraph (b)(1)(iii)(B) of this section, unless supported by a written determination that one of the circumstances described at 16.505(b)(2)(i) applies to the order and the requirement is waived on the basis of a justification that is prepared in accordance with 16.505(b)(2)(ii)(B);

(B) The contracting officer shall—

(1) Provide a fair notice of the intent to make a purchase, including a clear description of the supplies to be delivered or the services to be performed and the basis upon which the selection will be made to all contractors offering the required supplies or services under the multiple-award contract; and

(2) Afford all contractors responding to the notice a fair opportunity to submit an offer and have that offer fairly considered.

(iv) Orders exceeding $6 million. For task or delivery orders in excess of $6 million, the requirement to provide all awardees a fair opportunity to be…