S01_RFQ 12FPC424Q0018- SciAPps xPRF Analyzers or Equal MI State Office.pdf

REQUEST FOR QUOTE

SciApps Analyzer Brand Name or Equal – Michigan State Office Request for Quote: 12FPC424Q0018

Date Issued: 03/25/2024

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation number RFQ# 12FPC424Q0018 is issued as a request for quotation (RFQ), and the acquisition procedures at FAR Part 13.5 are being utilized. The Government intends to award a FIRM FIXED PRICE contract resulting from this solicitation to the responsible contractor whose quote meets the technical and compatibility requirements and represents the lowest evaluated price.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-08 Effective September 23, 2022. NAICS: This acquisition is a total Small Business Set aside. The NAICS code is 334519 Other Measuring and Controlling Device Manufacturing which has a size standard of 600 Employees. For more information on size standards visit http://www.sba.gov/size

Description of Requirement:

A brand name or equal item for a competitive acquisition to acquire One (1) each Portable X-Ray Fluorescence (pXRF) analyzer and one (1) Laser-Induced Breakdown Spectroscopy (LIBS) analyzer and peripherals.

Contract Line-Item Numbers.

Line Description QTY Unit Unit Price Extended Price 1 910-500098-SciAps X-

550 Mining Analyzer or Equal

1 EA

2 910-500080-SciAps Z- 903 Geochem Analyzer or Equal

1 EA

3 114-750016 Soil App or Equal

1 EA

4 114-500022Pb HUD Lead Paint App or Equal

1 EA

5 900-500069 XRF

Benchtop Test Stand, X5 Series or Equal

1 EA

6 116-500175 XRF Black Silicone Sleeve, X5 Series or Equal

1 EA

7 105-500036 XRF Soil Cups (25pk) or Equal

1 EA

8 105-500044 Argon Canister Standard Analysis (10pk) or Equal

1 EA

9 105-SG-1064 Laser Safety Glasses or Equal

1 EA

http://www.sba.gov/size

10 112-500228 Wrist Strap, 3.0, X5, Z9 Series or Equal

2 EA

11 116-500221 Z903 Test Stand or Equal

1 EA

12 403-500091 XRF

Benchtop Test Stand Power Jumper Cable or Equal

1 EA

13 105-Holster Holster, X5 Series or Equal

Instructions to Vendors

Quotes in response to the RFQ MUST be submitted via email using the subject line “RFQ# 12FPC424Q0018 Sci-Apps Analyzer Brand Name or Equal – Michigan State Office ” to Contract Specialist, Andrew Sawyer Andrew.Sawyer@usda.gov and Contracting Officer, Shermeka Showers, Shermeka.Showers@usda.gov.

Quotes must contain the name, phone number, and e-mail address of the individual to be contacted concerning any matter related to the solicitation. FPAC-BC may, for example, contact that individual to schedule and make arrangements for the vendor’s discussion meetings, if necessary.

Include the following information in your Quote:

Unique Entity ID number;

Company Name mailing address, and website address;

Date submitted and Quote expiration date;

Type of Company (i.e., small business, 8(a), woman owned, veteran owned, etc.) as validated via SAM.gov. All offerors must be registered in SAM located at http://www.sam.gov/;

Company Point of Contact, Phone and Email address.

Quotes are to be inclusive of all costs to fulfill this requirement.

Vendors who respond to this RFQ acknowledge and agree to all the instructions and procedures described herein.

All Vendors must be registered in the System for Award Management, or SAM prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of quotes, registration in SAM, to include completion of the Representations and Certifications, and having a status of “Active” is required BEFORE submitting a quote. For information regarding registration visit www.sam.gov .

mailto:Andrew.Sawyer@usda.gov mailto:Shermeka.Showers@usda.gov http://www.sam.gov/;

http://www.sam.gov/

(i) Quote Due Date/Time: Quotes must be submitted electronically via e-mail to Contract Specialist, Andrew Sawyer at Andrew.Sawyer@usda.gov and Contracting Officer, Shermeka Showers, Shermeka.showers@usda.gov on or before the RFQ closing date of April 3, 2024 at 1400/2:00pm Eastern Standard Time. All questions must be received before March 27, 2024, at 1400/2:00pm Eastern Standard Time.

(ii) Late Quote Submission: The Government will begin immediate review and evaluation of quotes following the RFQ closing date and time. Therefore, submissions in response to this RFQ received after the closing date and time, are considered late, and will not be accepted.

(iii) Limitation of Authority

The government assigned Project or Program Manager, Task POC, or COR is responsible for monitoring the Contractor’s performance. Any proposed modifications to the task order, such as changes to the scope of work, or to the terms and conditions of the task order must be authorized by the Contracting Officer.

(iv) Basis for Award: The Government intends to award a purchase order resulting from this solicitation to the responsible vendor whose response, conforming to this solicitation, judged by an overall assessment of the minimum requirements. Quotes will be evaluated for acceptability and award will be made to the vendor whose quote meets the technical and compatibility requirements and represents the lowest evaluated price.

(v) Safety and Security Requirements Contractor is expected to use and enforce Occupational Safety and Health Administration’s (OSHA) regulations at all times.

Solicitation Provisions and Clauses:

The following additional Federal Acquisition Regulation (FAR) and Agriculture Acquisition Regulation (AGAR) provisions and clauses apply to this solicitation and any resultant contract award.

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

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

www. Acquisition.gov

(End of provision) mailto:Andrew.Sawyer@usda.gov

The following Provisions are incorporated by reference:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021).

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (Nov 2021) 52.212-3 - Offeror Representations and Certifications—Commercial Products and Commercial Services (Sept 2023) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision—

"Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into

SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 https://www.acquisition.gov/far/subpart-4.14#FAR_Subpart_4_14

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one.

The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing t ime should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation.

See https://ww.sam.gov for information on registration.

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

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

FAR 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

FAR Clause: https://www.acquisition.gov/FAR/

The following clauses are incorporated in full text:

542.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

(A) THE CONTRACTOR SHALL COMPLY WITH THE FOLLOWING FEDERAL ACQUISITION REGULATION (FAR) CLAUSES, WHICH ARE INCORPORATED IN THIS CONTRACT BY REFERENCE, TO IMPLEMENT PROVISIONS OF LAW OR EXECUTIVE ORDERS

APPLICABLE TO ACQUISITIONS OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES:

(1) 52.203-19, PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017) (SECTION 743 OF DIVISION E, TITLE VII, OF THE CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2015 (PUB. L. 113-235) AND ITS SUCCESSOR PROVISIONS IN SUBSEQUENT APPROPRIATIONS ACTS

(AND AS EXTENDED IN CONTINUING RESOLUTIONS)).

(2) 52.204-23, PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023) (SECTION 1634 OF PUB. L. 115-91).

(3) 52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT. (NOV 2021) (SECTION 889(A)(1)(A) OF PUB. L. 115-232).

(4) 52.209-10, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015).

(5) 52.232-40, PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) ( 31

U.S.C. 3903 AND 10 U.S.C. 3801).

(6) 52.233-3, PROTEST AFTER AWARD (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (PUBLIC LAWS 108-77 AND

108-78 ( 19 U.S.C. 3805 NOTE)).

https://www.acquisition.gov/FAR/

(B) THE CONTRACTOR SHALL COMPLY WITH THE FAR CLAUSES IN THIS PARAGRAPH (B) THAT THE CONTRACTING OFFICER HAS INDICATED AS BEING INCORPORATED IN THIS CONTRACT BY REFERENCE TO IMPLEMENT PROVISIONS OF LAW OR EXECUTIVE ORDERS APPLICABLE TO ACQUISITIONS OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES:

[CONTRACTING OFFICER CHECK AS APPROPRIATE.]

__(1) 52.203-6, RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020), WITH

ALTERNATE I (NOV 2021) ( 41 U.S.C. 4704 AND 10 U.S.C. 4655).

__(2) 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) ( 41 U.S.C. 3509)).

__(3) 52.203-15, WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT

OF 2009 (JUN 2010) (SECTION 1553 OF PUB. L. 111-5). (APPLIES TO CONTRACTS FUNDED BY THE AMERICAN RECOVERY

AND REINVESTMENT ACT OF 2009.)

__(4) 52.203-17, CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023) ( 41 U.S.C. 4712); THIS CLAUSE DOES NOT APPLY TO CONTRACTS OF DOD, NASA, THE COAST GUARD, OR APPLICABLE ELEMENTS OF THE

INTELLIGENCE COMMUNITY—SEE FAR 3.900(A).

__(5) 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

(PUB. L. 109-282) ( 31 U.S.C. 6101 NOTE).

__(6) [RESERVED].

__(7) 52.204-14, SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) (PUB. L. 111-117, SECTION

743 OF DIV. C).

__(8) 52.204-15, SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT

2016) (PUB. L. 111-117, SECTION 743 OF DIV. C).

__(9) 52.204-27, PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) (SECTION 102 OF

DIVISION R OF PUB. L. 117-328).

__(10) 52.204-28, FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—FEDERAL SUPPLY

SCHEDULES, GOVERNMENTWIDE ACQUISITION CONTRACTS, AND MULTI-AGENCY CONTRACTS. (DEC 2023) ( PUB. L. 115–

390, TITLE II).

__(11) (I) 52.204-30, FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION. (DEC

2023) ( PUB. L. 115–390, TITLE II).

__(II) ALTERNATE I (DEC 2023) OF 52.204–30.

__(12) 52.209-6, PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (NOV 2021) ( 31 U.S.C. 6101 NOTE).

__(13) 52.209-9, UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018) ( 41 U.S.C. 2313).

__(14) [RESERVED].

__(15) 52.219-3, NOTICE OF HUBZONE SET-ASIDE OR SOLE-SOURCE AWARD (OCT 2022) ( 15 U.S.C. 657A).

__(16) 52.219-4, NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS

(OCT 2022) (IF THE OFFEROR ELECTS TO WAIVE THE PREFERENCE, IT SHALL SO INDICATE IN ITS OFFER) ( 15 U.S.C. 657A).

__(17) [RESERVED]

X(18) (I) 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) ( 15 U.S.C. 644).

__(II) ALTERNATE I (MAR 2020) OF 52.219-6.

__(19) (I) 52.219-7, NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (NOV 2020) ( 15 U.S.C. 644).

__(II) ALTERNATE I (MAR 2020) OF 52.219-7.

__(20) 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (FEB 2024) ( 15 U.S.C. 637(D)(2) AND (3)).

__(21) (I) 52.219-9, SMALL BUSINESS SUBCONTRACTING PLAN (SEP 2023) ( 15 U.S.C. 637(D)(4)).

__(II) ALTERNATE I (NOV 2016) OF 52.219-9.

__(III) ALTERNATE II (NOV 2016) OF 52.219-9.

__(IV) ALTERNATE III (JUN 2020) OF 52.219-9.

__(V) ALTERNATE IV (SEP 2023) OF 52.219-9.

__(22) (I) 52.219-13, NOTICE OF SET-ASIDE OF ORDERS (MAR 2020) ( 15 U.S.C. 644(R)).

__(II) ALTERNATE I (MAR 2020) OF 52.219-13.

__(23) 52.219-14, LIMITATIONS ON SUBCONTRACTING (OCT 2022) ( 15 U.S.C. 637S).

__(24) 52.219-16, LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (SEP 2021) ( 15 U.S.C.

637(D)(4)(F)(I)).

__(25) 52.219-27, NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS (SDVOSB) CONCERNS ELIGIBLE UNDER THE SDVOSB PROGRAM (FEB 2024) ( 15 U.S.C.

657F).

__(26) (I) 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024) ( 15 U.S.C.

632(A)(2)).

__(II) ALTERNATE I (MAR 2020) OF 52.219-28.

__(27) 52.219-29, NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS CONCERNS (OCT 2022) ( 15 U.S.C. 637(M)).

__(28) 52.219-30, NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, WOMEN-OWNED SMALL

BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM (OCT 2022) ( 15 U.S.C.

637(M)).

__(29) 52.219-32, ORDERS ISSUED DIRECTLY UNDER SMALL BUSINESS RESERVES (MAR 2020) ( 15 U.S.C.

644(R)).

__(30) 52.219-33, NONMANUFACTURER RULE (SEP 2021) ( 15U.S.C. 637(A)(17)).

X (31) 52.222-3, CONVICT LABOR (JUN 2003) (E.O.11755).

X(32) 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (FEB 2024).

X(33) 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015).

X(34) (I) 52.222-26, EQUAL OPPORTUNITY (SEP 2016) (E.O.11246).

__(II) ALTERNATE I (FEB 1999) OF 52.222-26.

__(35) (I) 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) ( 38 U.S.C. 4212).

__(II) ALTERNATE I (JUL 2014) OF 52.222-35.

X(36) (I) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) ( 29 U.S.C. 793).

__(II) ALTERNATE I (JUL 2014) OF 52.222-36.

__(37) 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUN 2020) ( 38 U.S.C. 4212).

__(38) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC

2010) (E.O. 13496).

X(39) (I) 52.222-50, COMBATING TRAFFICKING IN PERSONS (NOV 2021) ( 22 U.S.C. CHAPTER 78 AND E.O.

13627).

__(II) ALTERNATE I (MAR 2015) OF 52.222-50 ( 22 U.S.C. CHAPTER 78 AND E.O. 13627).

__(40) 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022) (EXECUTIVE ORDER 12989). (NOT

APPLICABLE TO THE ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS OR CERTAIN OTHER TYPES OF

COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES AS PRESCRIBED IN FAR 22.1803.)

__(41) (I) 52.223-9, ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA–DESIGNATED ITEMS (MAY 2008) ( 42 U.S.C. 6962(C)(3)(A)(II)). (NOT APPLICABLE TO THE ACQUISITION OF COMMERCIALLY AVAILABLE

OFF-THE-SHELF ITEMS.)

__(II) ALTERNATE I (MAY 2008) OF 52.223-9 ( 42 U.S.C. 6962(I)(2)(C)). (NOT APPLICABLE TO THE

ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.)

__(42) 52.223-11, OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (JUN 2016) (E.O. 13693).

__(43) 52.223-12, MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND AIR

CONDITIONERS (JUN 2016) (E.O. 13693).

__(44) (I) 52.223-13, ACQUISITION OF EPEAT®-REGISTERED IMAGING EQUIPMENT (JUN 2014) (E.O.S 13423

AND 13514).

__(II) ALTERNATE I (OCT 2015) OF 52.223-13.

__(45) (I) 52.223-14, ACQUISITION OF EPEAT®-REGISTERED TELEVISIONS (JUN 2014) (E.O.S 13423 AND

13514).

__(II) ALTERNATE I (JUN2014) OF 52.223-14.

__(46) 52.223-15, ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (MAY 2020) ( 42 U.S.C. 8259B).

__(47) (I) 52.223-16, ACQUISITION OF EPEAT®-REGISTERED PERSONAL COMPUTER PRODUCTS (OCT 2015)

(E.O.S 13423 AND 13514).

__(II) ALTERNATE I (JUN 2014) OF 52.223-16.

X(48) 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN

2020) (E.O. 13513).

__(49) 52.223-20, AEROSOLS (JUN 2016) (E.O. 13693).

__(50) 52.223-21, FOAMS (JUN2016) (E.O. 13693).

__(51) (I) 52.224-3 PRIVACY TRAINING (JAN 2017) (5 U.S.C. 552 A).

__(II) ALTERNATE I (JAN 2017) OF 52.224-3.

__(52) (I) 52.225-1, BUY AMERICAN-SUPPLIES (OCT 2022) ( 41 U.S.C. CHAPTER 83).

__(II) ALTERNATE I (OCT 2022) OF 52.225-1.

__(53) (I) 52.225-3, BUY AMERICAN-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT (NOV 2023) ( 19 U.S.C.

3301 NOTE, 19 U.S.C. 2112 NOTE, 19 U.S.C. 3805 NOTE, 19 U.S.C. 4001 NOTE, 19 U.S.C. CHAPTER 29 (SECTIONS 4501-4732), PUBLIC LAW 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, AND 112-43.

__(II) ALTERNATE I [RESERVED].

__(III) ALTERNATE II (DEC 2022) OF 52.225-3.

__(IV) ALTERNATE III (FEB 2024) OF 52.225-3.

__(V) ALTERNATE IV (OCT 2022) OF 52.225-3.

__(54) 52.225-5, TRADE AGREEMENTS (NOV 2023) ( 19 U.S.C. 2501, ET SEQ., 19 U.S.C. 3301 NOTE).

X(55) 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021) (E.O.’S, PROCLAMATIONS, AND

STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY).

__(56) 52.225-26, CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES

(OCT 2016) (SECTION 862, AS AMENDED, OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008; 10

U.S.C. SUBTITLE A, PART V, SUBPART G NOTE).

__(57) 52.226-4, NOTICE OF DISASTER OR EMERGENCY AREA SET-ASIDE (NOV 2007) ( 42 U.S.C. 5150).

__(58) 52.226-5, RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA (NOV2007) (

42 U.S.C. 5150).

__(59) 52.229-12, TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021).

__(60) 52.232-29, TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL PRODUCTS AND COMMERCIAL

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

__(61) 52.232-30, INSTALLMENT PAYMENTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

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

X(62) 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT

(OCT2018) ( 31 U.S.C. 3332).

__(63) 52.232-34, PAYMENT BY ELECTRONIC FUNDS TRANSFER-OTHER THAN SYSTEM FOR AWARD

MANAGEMENT (JUL 2013) ( 31 U.S.C. 3332).

__(64) 52.232-36, PAYMENT BY THIRD PARTY (MAY 2014) ( 31 U.S.C. 3332).

__(65) 52.239-1, PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) ( 5 U.S.C. 552A).

__(66) 52.242-5, PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017) ( 15 U.S.C. 637(D)(13)).

__(67) (I) 52.247-64, PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (NOV 2021) (

46 U.S.C. 55305 AND 10 U.S.C. 2631).

__(II) ALTERNATE I (APR 2003) OF 52.247-64.

__(III) ALTERNATE II (NOV 2021) OF 52.247-64.

(C) THE CONTRACTOR SHALL COMPLY WITH THE FAR CLAUSES IN THIS PARAGRAPH (C), APPLICABLE TO

COMMERCIAL SERVICES, THAT THE CONTRACTING OFFICER HAS INDICATED AS BEING INCORPORATED IN THIS CONTRACT BY REFERENCE TO IMPLEMENT PROVISIONS OF LAW OR EXECUTIVE ORDERS APPLICABLE TO ACQUISITIONS OF COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES:

[CONTRACTING OFFICER CHECK AS APPROPRIATE.]

__(1) 52.222-41, SERVICE CONTRACT LABOR STANDARDS (AUG 2018) ( 41 U.S.C. CHAPTER67).

__(2) 52.222-42, STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) ( 29 U.S.C. 206 AND

41 U.S.C. CHAPTER 67).

__(3) 52.222-43, FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-PRICE

ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (AUG 2018) ( 29 U.S.C. 206 AND 41 U.S.C. CHAPTER 67).

__(4) 52.222-44, FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-PRICE

ADJUSTMENT (MAY 2014) ( 29U.S.C.206 AND 41 U.S.C. CHAPTER 67).

__(5) 52.222-51, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO

CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-REQUIREMENTS (MAY 2014) ( 41

U.S.C. CHAPTER 67).

__(6) 52.222-53, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO

CONTRACTS FOR CERTAIN SERVICES-REQUIREMENTS (MAY 2014) ( 41 U.S.C. CHAPTER 67).

__(7) 52.222-55, MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (JAN 2022).

__(8) 52.222-62, PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) (E.O. 13706).

__(9) 52.226-6, PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (JUN 2020) ( 42

U.S.C. 1792).

(D) COMPTROLLER GENERAL EXAMINATION OF RECORD. THE CONTRACTOR SHALL COMPLY WITH THE PROVISIONS

OF THIS PARAGRAPH (D) IF THIS CONTRACT WAS AWARDED USING OTHER THAN SEALED BID, IS IN EXCESS OF THE SIMPLIFIED ACQUISITION THRESHOLD, AS DEFINED IN FAR 2.101, ON THE DATE OF AWARD OF THIS CONTRACT, AND DOES NOT

CONTAIN THE CLAUSE AT 52.215-2, AUDIT AND RECORDS-NEGOTIATION.

(1) THE COMPTROLLER GENERAL OF THE UNITED STATES, OR AN AUTHORIZED REPRESENTATIVE OF THE

COMPTROLLER GENERAL, SHALL HAVE ACCESS TO AND RIGHT TO EXAMINE ANY OF THE CONTRACTOR’S DIRECTLY PERTINENT

RECORDS INVOLVING TRANSACTIONS RELATED TO THIS CONTRACT.

(2) THE CONTRACTOR SHALL MAKE AVAILABLE AT ITS OFFICES AT ALL REASONABLE TIMES THE RECORDS, MATERIALS, AND OTHER EVIDENCE FOR EXAMINATION, AUDIT, OR REPRODUCTION, UNTIL 3 YEARS AFTER FINAL PAYMENT UNDER THIS CONTRACT OR FOR ANY SHORTER PERIOD SPECIFIED IN FAR SUBPART 4.7, CONTRACTOR RECORDS RETENTION, OF THE OTHER CLAUSES OF THIS CONTRACT. IF THIS CONTRACT IS COMPLETELY OR PARTIALLY TERMINATED, THE RECORDS RELATING TO THE WORK TERMINATED SHALL BE MADE AVAILABLE FOR 3 YEARS AFTER ANY RESULTING FINAL TERMINATION SETTLEMENT. RECORDS RELATING TO APPEALS UNDER THE DISPUTES CLAUSE OR TO LITIGATION OR THE SETTLEMENT OF CLAIMS ARISING UNDER OR RELATING TO THIS CONTRACT SHALL BE MADE AVAILABLE UNTIL SUCH APPEALS, LITIGATION, OR

CLAIMS ARE FINALLY RESOLVED.

(3) AS USED IN THIS CLAUSE, RECORDS INCLUDE BOOKS, DOCUMENTS, ACCOUNTING PROCEDURES AND PRACTICES, AND OTHER DATA, REGARDLESS OF TYPE AND REGARDLESS OF FORM. THIS DOES NOT REQUIRE THE CONTRACTOR TO CREATE

OR MAINTAIN ANY RECORD THAT THE CONTRACTOR DOES NOT MAINTAIN IN THE ORDINARY COURSE OF BUSINESS OR

PURSUANT TO A PROVISION OF LAW.

(E) (1) NOTWITHSTANDING THE REQUIREMENTS OF THE CLAUSES IN PARAGRAPHS (A), (B), (C), AND (D) OF THIS

CLAUSE, THE CONTRACTOR IS NOT REQUIRED TO FLOW DOWN ANY FAR CLAUSE, OTHER THAN THOSE IN THIS PARAGRAPH (E)(1), IN A SUBCONTRACT FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES. UNLESS OTHERWISE INDICATED

BELOW, THE EXTENT OF THE FLOW DOWN SHALL BE AS REQUIRED BY THE CLAUSE-

(I) 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) ( 41 U.S.C. 3509).

(II) 52.203-17, CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023) ( 41 U.S.C. 4712).

(III) 52.203-19, PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017) (SECTION 743 OF DIVISION E, TITLE VII, OF THE CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2015 (PUB. L. 113-235) AND ITS SUCCESSOR PROVISIONS IN SUBSEQUENT APPROPRIATIONS ACTS

(AND AS EXTENDED IN CONTINUING RESOLUTIONS)).

(IV) 52.204-23, PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023) (SECTION 1634 OF PUB. L. 115-91).

(V) 52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT. (NOV 2021) (SECTION 889(A)(1)(A) OF PUB. L. 115-232).

(VI) 52.204-27, PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) (SECTION 102 OF DIVISION

R OF PUB. L. 117-328).

(VII) (A) 52.204–30, FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION. (DEC 2023)

( PUB. L. 115–390, TITLE II).

(B) ALTERNATE I (DEC 2023) OF 52.204–30.

(VIII) 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (FEB 2024) ( 15 U.S.C. 637(D)(2) AND (3)), IN

ALL SUBCONTRACTS THAT OFFER FURTHER SUBCONTRACTING OPPORTUNITIES. IF THE SUBCONTRACT (EXCEPT SUBCONTRACTS TO SMALL BUSINESS CONCERNS) EXCEEDS THE APPLICABLE THRESHOLD SPECIFIED IN FAR 19.702(A) ON THE DATE OF SUBCONTRACT AWARD, THE SUBCONTRACTOR MUST INCLUDE 52.219-8 IN LOWER TIER SUBCONTRACTS THAT

OFFER SUBCONTRACTING OPPORTUNITIES.

(IX) 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015).

(X) 52.222-26, EQUAL OPPORTUNITY (SEP 2015) (E.O.11246).

(XI) 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) ( 38 U.S.C. 4212).

(XII) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) ( 29 U.S.C. 793).

(XIII) 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUN 2020) ( 38 U.S.C. 4212).

(XIV) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC

2010) (E.O. 13496). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (F) OF FAR CLAUSE 52.222-40.

(XV) 52.222-41, SERVICE CONTRACT LABOR STANDARDS (AUG 2018) ( 41 U.S.C. CHAPTER 67).

(XVI) (A) 52.222-50, COMBATING TRAFFICKING IN PERSONS (NOV 2021) ( 22 U.S.C. CHAPTER 78 AND E.O

13627).

(B) ALTERNATE I (MAR 2015) OF 52.222-50 ( 22 U.S.C. CHAPTER 78 AND E.O. 13627).

(XVII) 52.222-51, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO

CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-REQUIREMENTS (MAY 2014) ( 41

U.S.C. CHAPTER 67).

(XVIII) 52.222-53, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO

CONTRACTS FOR CERTAIN SERVICES-REQUIREMENTS (MAY 2014) ( 41 U.S.C. CHAPTER 67).

(XIX) 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022) (E.O. 12989).

(XX) 52.222-55, MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (JAN

2022).

(XXI) 52.222-62, PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) (E.O. 13706).

(XXII) (A) 52.224-3, PRIVACY TRAINING (JAN 2017) ( 5 U.S.C. 552A).

(B) ALTERNATE I (JAN 2017) OF 52.224-3.

(XXIII) 52.225-26, CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES

(OCT 2016) (SECTION 862, AS AMENDED, OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008; 10

U.S.C. SUBTITLE A, PART V, SUBPART G NOTE).

(XXIV) 52.226-6, PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (JUN 2020) ( 42

U.S.C. 1792). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (E) OF FAR CLAUSE 52.226-6.

(XXV) 52.232-40, PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) (

31 U.S.C. 3903 AND 10 U.S.C. 3801). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (C) OF 52.232-40.

(XXVI) 52.247-64, PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (NOV 2021) ( 46

U.S.C. 55305 AND 10 U.S.C. 2631). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (D) OF FAR CLAUSE 52.247-64.

(2) WHILE NOT REQUIRED, THE CONTRACTOR MAY INCLUDE IN ITS SUBCONTRACTS FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES A MINIMAL NUMBER OF ADDITIONAL CLAUSES NECESSARY TO SATISFY ITS CONTRACTUAL

OBLIGATIONS.

(END OF CLAUSE)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

(a)

(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

(End of clause)

452.204-70 MODIFICATION FOR CONTRACT CLOSEOUT (JULY 2022)

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

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

FPACPOP 4I-52.232-70 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

(a) Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). The Contractor must use the IPP website (https://www.ipp.gov) for submitting invoices. Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

(b) Under this contract, the following document(s) are required to be submitted as attachment(s) to the IPP invoice:

https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.ipp.gov/

Invoices shall be submitted as work proceeds and in accordance with paragraph (i) of clause 52.212-4.

The Contractor shall submit with the invoice the information required by paragraph (g) of clause 52.212- 4 and must contain a breakdown of the total amount. No other amounts shall be listed on the invoice.

4I-52.233-70 Protests to the Agency

(a) An agency protest filed with the contracting officer shall be sent to the contracting officer’s mailing address or email address listed in the solicitation. The contractor should contact the contracting officer to verify the mailing or email address prior to delivering a protest.

(b) The independent review of a contracting officer’s decision regarding a protest described at FAR 33.103(d)(4) is not available as an alternative to consideration of the protest by the contracting officer. An independent review is available only as an appeal of the contracting officer’s decision on a protest. An appeal must be filed within 10 calendar days of the protestor’s receipt of the contracting officer’s decision, otherwise the appeal will be deemed untimely and not considered. The appeal must be directed to the Head of the Contracting Activity but sent to the contracting officer.

(c) The protest must contain all of the elements required by FAR 33.103(d)(2). Failure to substantially comply with any of the requirements of FAR 33.103(d)(2) may be grounds for dismissal of the protest.

(End of Clause)