Sol_140G0225Q0004.pdf

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BETHNIC MACROINVERTEBRATES SAMPLE ANALYSIS
Solicitation number
140G0225Q0004
Issued by

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This is a Request for Proposal (RFP) issued by the U.S. Geological Survey (USGS) Kansas Water Science Center for an Indefinite Delivery Indefinite Quantity (IDIQ) contract for taxonomic identification and enumeration services of freshwater benthic macroinvertebrates. The contract has a 5-year base period from 01/01/2025 to 12/31/2029, with a 6-month option period through 06/30/2030.

The contractor will analyze approximately 28 environmental samples and 4 replicate samples collected between February-April 2025 from stream locations in Johnson County, KS. Requirements include taxonomic identification to the lowest practical level, enumeration into taxonomic groups (chironomids, Oligochaetes), and delivery of results within 90 days of sample receipt. This is a 100% small business set-aside under NAICS code 541380 with a size standard of $19M. The total contract value will not exceed $499,999.99 with a minimum guaranteed amount of $3,000. Award will be based on best value considering both price and non-price factors, with technical factors (taxonomic identification experience, technical performance, and past performance) being more important than price. Responses must be submitted via email to Travis Herberholz at therberholz@usgs.gov by December 17, 2024.

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

GDB

DENVER CO 80225-0046

204 DENVER FEDERAL CENTER

PO BOX 25046

USGS OAG DENVER ACQUISITION BRANCH

0011286621 CODE 16. ADMINISTERED BYCODE

X

X

541380

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORGDB

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

12/17/2024 1700 ES

12/05/2024

0000000000Travis Herberholz (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140G0225Q0004

5. SOLICITATION NUMBER

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

1 42 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Lawrence KS 66049 1217 Biltmore Drive USGS Kansas Water Science Center

15. DELIVER TO

DENVER CO 80225-0046

204 DENVER FEDERAL CENTER

PO BOX 25046

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE 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)

USGS OAG DENVER ACQUISITION BRANCH

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.

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)

CONTRACT

VENDOR SAM UEI: _________________________________

VENDOR POC EMAIL: _______________________________

The periods of performance are estimated for this solicitation. The actual periods of performance

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Mary Wilson

. 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.

being on the date of award or otherwise negotiated.

Delivery: 12/31/2025

Period of Performance: 01/01/2025 to 12/31/2029

00010 Five (5) year base period; 5-YEAR BASE PERIOD:

Services, non-personal, to provide all plant equipment, labor, travel, supervision, and materials (unless otherwise provided herein) necessary for Taxonomic identification and enumeration and Sample return.

Product/Service Code: B516

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ANIMAL/FISHERIES

00020 OPTION ITEM IAW 52.217-8 Option for up to Six (6)

Months extension: Services, non-personal, to provide all plant equipment, labor, travel, supervision, and materials (unless otherwise provided herein) necessary for Taxonomic identification and enumeration and Sample return.

Product/Service Code: R604

Product/Service Description: SUPPORT-

ADMINISTRATIVE: MAILING/DISTRIBUTION

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140G0225Q0004

Period of Performance: 01/01/2030 to 06/30/2030

All responses shall be submitted via email to

Travis Herberholz @ therberholz@usgs.gov.

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

Sponsored by GSA

FAR (48 CFR) 53.110

140G0225Q0004

TABLE OF CONTENTS

PERFORMANCE-BASED WORK STATEMENT (PWS)

GENERAL INFORMATION

WORK REQUIREMENTS

CLAUSES 8

Contract Type Performance Location GS0339 Green Acquisition (JUL 2018) GS0912 Effective Period of Contract (JUL 2001) GS1431Contract Maximum (JUL 2001) GS1432 Contract Guaranteed Minimum (JAN 2020) GS0919 Legal Holidays (JUN 2021) GS1101 Contract Administration Office (JUL 2001) 1452.201-70 Authorities and Delegations. (SEP 2011) GS1430 Ordering Authority and Procedures (JUL 2001)

INSTRUCTIONS FOR PLACING MICRO-PURCHASE ORDERS:

PAYMENT TERMS

52.900S-1178 Wage Determination Incorporation (OCT 1997) 52.000S-5079 Technical Liaison - Technical Direction (OCT 1997) 52.900S-1006 Prevention of Malicious Code (MAR 2005) 52.252-2 Clauses Incorporated by Reference. (May 2024) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (Nov

2024) 52.216-18 Ordering (Aug 2020) 52.216-22 Indefinite Quantity (Oct 1995) 52.237-3 Continuity of Services (Jan 1991)

ADDING AND DELETING EQUIPMENT/SERVICES

GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013)

GS1364 NON-PERSONAL SERVICES AND SUPERVISION OF CONTRACTOR (SEP 2017)

GS1396 Release of Information (Jul 2001) GS1399 Ownership of Photographic Materials (JUL 2001)

GS1405 DUPLICATION AND DISCLOSURE OF CONFIDENTIAL DATA (JUL 2001)

GS1406 Confidentiality of Data (Oct 2005) DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (APRIL 2013)

PROVISIONS 24

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) Offeror Representations and Certifications 52.204-20 Predecessor of Offeror (Aug 2020) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law (Feb 2016) 52.212-2 Evaluation - Commercial Items (Nov 2021) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercials Services (May 2024) 52.217-5 Evaluation of Options (Jul 1990) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Apr 1984) Additional Instructions to Offerors for the Submission of Responses

PERFORMANCE-BASED WORK STATEMENT (PWS)

GENERAL INFORMATION

Introduction – The Department of the Interior (DOI) United States Geological Survey (USGS) Kansas

Water Science Center (KS WSC), 1217 Biltmore Drive, Lawrence, KS 66049; requires sample analysis services for taxonomic identification and enumeration of freshwater benthic macroinvertebrates.

Background – The USGS is conducting a study focused on a comprehensive assessment of macroinvertebrate communities as integrated indicators of overall Johnson County, KS stream health.

The results from this assessment will be compared with similar data collected during 2003 through 2010.

Availability of current macroinvertebrate and habitat data will help identify stream locations least and most affected by environmental stressors, including urbanization, and habitat factors that may be affecting those conditions. The USGS will collect 28 macroinvertebrate samples between February and

April 2025 during stable base-flow conditions at 28 different stream locations in Johnson County, KS.

For quality-control purposes, macroinvertebrate samples will be collected in triplicate from 2 stream locations. All samples will be collected between February and April 2025, resulting in an estimated 28 environmental samples and an estimated 4 replicate samples for taxonomic identification and enumeration of freshwater benthic macroinvertebrates. All samples will be preserved in the field and sent to the analytical laboratory for taxonomic identification and enumeration of freshwater benthic macroinvertebrates. The analytical laboratory will enumerate the organisms into taxonomic groups, identify benthic macroinvertebrates to the lowest practical taxonomic level, and deliver results (taxa, abundance, and standard metric data) to the USGS KS WSC within 90 days from receipt of samples.

The analytical laboratory will also return the samples to the USGS KS WSC after the results have been reviewed. NOTE: The Government does not guarantee any quantities above the minimum $3,000.00.

The project has potential to collect additional samples depending on findings, scope, and continuation of funding. Macroinvertebrate samples will be collected following protocols used by the Kansas

Department of Health and Environment

(https://www.kdhe.ks.gov/DocumentCenter/View/11638/Quality-Assurance-Management-Plan-PDF).

Definitions/Applicable documents – Kansas Department of Health and Environment – Stream

Biological Monitoring Program Quality Assurance Management Plan

(https://www.kdhe.ks.gov/DocumentCenter/View/11638/Quality-Assurance-Management-Plan-PDF).

Scope – Services, non-personal, to provide all equipment, labor, travel, supervision, and materials

(unless otherwise provided herein) necessary for taxonomic identification to the lowest practical taxonomic level and enumeration of freshwater benthic macroinvertebrates into two taxonomic groups:

chironomids, Oligochaetes within 90 days of receipt of samples.

WORK REQUIREMENTS

Technical Requirements:

Task 1 The contractor must receive and monitor samples to the following quality standards within the following time standards:

https://www.kdhe.ks.gov/DocumentCenter/View/11638/Quality-Assurance-Management-Plan-PDF https://www.kdhe.ks.gov/DocumentCenter/View/11638/Quality-Assurance-Management-Plan-PDF

• Chains-of-custody for all laboratory operations and analyses for each sample will be fully documented.

• Samples can be received by the Contractor Monday through Friday.

• The contractor shall report sample receipt records to the client within one business day of sample receipt.

Task 2 The contractor must analyze samples to the following quality standards within the following time standards:

Task 2.1 When ordered by the Government, the contractor shall perform taxonomic identification and enumeration of freshwater benthic macroinvertebrates conducted by a trained expert analyst who is certified by the Society of Freshwater Scientists (SFS, formerly North

American Benthological Society) and has experience with benthic macroinvertebrate communities in Kansas using the most current references, keys, and publications.

• Under a dissecting and/or compound microscope, the organisms are identified to the lowest practical level, generally genus/species or taxonomic level specified for the project. The analysis shall be performed using a research-grade compound microscopy with at least up to 1000x magnification.

• Freshwater benthic macroinvertebrates shall be enumerated into two taxonomic groups:

chironomids, Oligochaetes within 90 days of receipt of samples

• For quality control, at least 20% of each sample should be re-sorted by a quality control technician who did not originally sort the sample. The quality control technicians should have shown to achieve 90% efficacy on a minimum of 90% of samples they process.

• Taxonomic accuracy should be quantified by comparing whole-sample identifications completed by a second taxonomist who did not perform the primary identification.

• A minimum quality objective (MQO) of ≥90% is recommended for percent similarity of taxonomic identification. If the MQO is not met, the reasons for the discrepancies between analysts should be discussed. If a major discrepancy is found in how the two analysts have been identifying organisms, any samples identified by the original taxonomist may require re-identification and correction for any taxa in question.

• Where necessary, the Integrated Taxonomic Information System (ITIS, http://www.itis.usda.gov/) will be used to verify nomenclatural validity and spelling.

• All data entry should be double checked for accuracy and validated by the laboratory manager.

Task 2.2 When ordered by the Government, the contractor shall return the samples after the data has been reviewed by the client.

Deliverables: The contractor must submit all results electronically. These deliverables include:

• Taxa, abundance, and standard metric data shall be delivered electronically in excel format within 90 days from the receipt of samples.

• The contracted laboratory shall return the samples after the data have been reviewed by the client.

The contractor shall provide a Quality Control Plan (QCP) with its proposal and adhere to the QCP when performing the services. A laboratory QCP must be in place including taxonomic verifications, recounts, and distribution checks. Uncertainty of taxonomic identifications shall be indicated in the taxonomic report. A chain of custody for each sample shall be maintained and documented.

SUPPORTING INFORMATION

1. Place of Performance – Location of Contractor’s facility.

2. Estimated Period of Performance:

a) Base:1/1/2025 to 12/31/2029

b) Six-Month Option: 1/1/2030 to 06/30/2030

3. Government Furnished Property (GFP) – N/A

4. Special Considerations. – N/A

QUALITY ASSURANCE SURVEILLANCE PLAN

The contractor is responsible for laboratory quality control (QC) and shall adhere to its QC Plan.

The Government is responsible for quality assurance (QA) and shall monitor the contractor’s performance to assure that the performance quality standards and time standards are met or exceeded by the contractor for the PWS tasks by taking the following efforts:

Task 1 Sample Reception. The Micro-Purchase Technical Liaison (TL) or Task Order Manager (TOM) will review the data for completeness and ensure all required deliverables are provided in acceptable digital formats.

Task 2 Sample Analysis- The Micro-Purchase Technical Liaison (TL) or Task Order Manager (TOM) may submit blind samples, including the analysis of replicates, and will evaluate their consistency using known published analytical results. Replicate data and lab QC data will be compiled into a Lab

Evaluation Plan that will be updated biennially after initial compilation (usually within first 1-2 years depending on volume of submitted samples). Should it be deemed necessary, a USGS scientist will be permitted to visit the laboratory facility to view the materials handling and measurement workflow of the contracting lab.

DATA RIGHTS

The USGS will reserve all rights to data generated by the awarded laboratory for samples submitted.

CLAUSES

Contract Type

The Government contemplates award of a single Indefinite-Quantity (IDIQ) Contract.

The Task Orders and Micro-purchase Orders from this contract will be Firm-Fixed-Price contracts.

Applicable clauses from this IDIQ contract will transfer to this IDIQ contract’s Task Orders and Micro-purchase Orders.

Performance Location

Contractor’s specified location.

GS0339 Green Acquisition (JUL 2018)

The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

Biobased Products are described at http://www.biopreferred.gov/

Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.

Environmentally Preferable Computers are described at http://www.epeat.net

Significant New Alternatives Program (SNAP) are described at http://www.epa.gov/snap/overview-snap

The Comprehensive Procurement Guidelines promote the use of recovered and recycled products at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Water efficient products and services are described at https://www.epa.gov/watersense

(End of clause)

GS0912 Effective Period of Contract (JUL 2001)

The effective period(s) for placing orders under this contract is/are as follows:

Contract Periods Effective Period (Estimated)

Basic Contract Period 01/01/2025 to 12/31/2029

Option 52.217-8 up to 6 months From 01/01/2030 for up to 6 months.

GS1431Contract Maximum (JUL 2001)

The total amount of all orders placed under this contract shall not exceed $499,999.99.

GS1432 Contract Guaranteed Minimum (JAN 2020)

(a) During the effective contract period, the Government shall order at least the stated minimum quantity for each individual line item. If no minimum quantities are stated, the Government shall order quantities totaling a minimum of $3,000.00. The guaranteed minimum applies only to the base contract period and does not apply separately to option periods.

(b) Unless specifically identified as minimums, the quantities shown are estimates only and are not purchased hereby. In the event the Government's needs for items under this contract do not result in orders in the amounts or quantities described as ""estimated"", such event shall not constitute the basis for an equitable price adjustment under this contract.

(c) If the Government fails to place orders for the minimums computed under paragraph (a), above, the contractor will not be entitled to payment of the contract price for the unordered quantities but will be entitled to damages suffered as a result of the Government's failure to order the minimum quantity. If the Government notifies the contractor, prior to expiration of the contract ordering period, that the contract minimum will not be required, such action will constitute a Termination for Convenience of the Government, and the Contractor will be entitled to recover under the Termination for Convenience clause of the contract.

(d) If the Government fails to order the contract minimum during the stated contract period, any options to extend the contract for additional periods are rendered void.

GS0919 Legal Holidays (JUN 2021)

The following legal holidays are observed by this Government agency:

New Year's Day January 01

Martin Luther King's Birthday 3rd Monday in January

Presidents Day 3rd Monday in February

Memorial Day Last Monday in May

Juneteenth, Independence June 19

Independence Day July 04

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veterans Day November 11

Thanksgiving Day 4th Thursday in November

Christmas Day December 25

When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by

Federal Statute, Executive Order, or Presidential Proclamation.

(End of Clause)

GS1101 Contract Administration Office (JUL 2001)

(a) This contract will be administered by:

U.S. Geological Survey

Denver Acquisition Branch

Attn: Travis Herberholz

Email: therberherholz@usgs.gov

Telephone: NA

(b) Written communications to the Administrative Contracting Officer shall make reference to the contract number and shall be mailed to the above address.

1452.201-70 Authorities and Delegations. (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer’s Representative (COR) at the time of award.

The COR will be responsible for technical monitoring of the contractor’s performance and deliverables.

The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the

Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

GS1430 Ordering Authority and Procedures (JUL 2001)

A. The name(s) listed as the government contact(s) and the undersigned contracting officer are the only individuals authorized to make Micro-Purchase Orders for services under this contract/purchase order. Micro-Purchase Orders accepted by the vendor from anyone other than stated may result in nonpayment for services rendered.

B. Individuals authorized to make Micro-Purchase Orders:(At the time of award, the micro-purchase threshold for services is

$2,500.00 per transaction.): TBD

1) [ ]

2) [ ]

3) [ ]

4) [ ]

C. Task/Delivery Orders for purchases between the Micro-Purchase Threshold and the Simplified Acquisition Threshold (At the time of awards: $2,500.00 - $250,000.00) Limit per Transaction: (Contracting Officer):

By issuance of a Form 347 Purchase Order from either

1. Travis Herberholz, Contract Specialist or

2. Any warranted CO from the Denver Acquisition Branch.

INSTRUCTIONS FOR PLACING MICRO-PURCHASE ORDERS:

Individuals authorized to make Micro-Purchase Orders shall contact the contractor by email, telephone or in person and place the order. The following information is given to the contractor:

a. Name, phone number, and mail code of individual authorized to make the order;

b. Contract number and the Micro-Purchase Order number assigned;

c. The location of where the supplies will be delivered.

d. Authorized individuals making the Micro-Purchase are required to ask the contractor to state any offered discounts for their supply or service on their monthly summary invoice.

e. Authorized individuals making Micro-Purchase Orders shall inform the contractor that the Contract number and the Micro-Purchase Order/order number is to appear on their monthly summary invoice.

PAYMENT TERMS

Payments may be made via Government Purchase Card or Treasury’s Invoice Payment Platform (IPP).

a. Payment for Micro-Purchase Orders/Order less than the Micro-Purchase Threshold may be paid by Government

Purchase Card.

b. Requests for Payments for Task/Delivery Orders at or above the Micro-Purchase Threshold shall be processed in accordance with the Treasury’s IPP invoicing system. Paid under the Prompt Payment Act, 30 days in arrears.

52.900S-1178 Wage Determination Incorporation (OCT 1997)

In the performance of this contract, its Micro-Purchase Orders, and its Task/Delivery Orders, the contractor shall comply with the requirements of the prevailing U.S. Department of Labor (DOL) wage determination (WD) effective on the effective date of Micro-Purchase Order or Task/Delivery Order. The DOL WD is determined by contractor’s services location, county/state, found at https://sam.gov/content/wage-determinations .

52.000S-5079 Technical Liaison - Technical Direction (OCT 1997)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an https://sam.gov/content/wage-determinations action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is: TBD

(e) Only the Contracting Officer may designate a different Technical Liaison.

52.900S-1006 Prevention of Malicious Code (MAR 2005)

(a) Definitions

Malicious code is a computer code developed for the purpose of causing some form of intentional damage to computer systems or networks. Malicious code may be a complete program or code imbedded in software programs that appear to provide useful functions. The term includes computer viruses and other destructive programs, such as

"Trojan Horses" and network "worms."

(b) The contractor must have in place an anti-virus procedure to ensure that media supplied is uncontaminated by malicious code.

(c) The contractor is required to scan all delivered software to insure it is free of malicious code prior to its installation or operation on USGS-owned computers or contractor-owned computers connected to USGS computer systems or networks. Contractors using diagnostics software disks or connecting to a non-USGS computer while performing repairs or upgrades to a USGS computer will scan the serviced computer's drive(s) to insure they are free of malicious code upon completion of the service call, or prior to return of serviced equipment, if servicing is performed off-site.

52.252-2 Clauses Incorporated by Reference. (May 2024)

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 this/these address(es):

https://www.acquisition.gov/far/

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan 2017)

52.204-6 Unique Entity Identifier. (Oct 2016)

52.204-12 Unique Entity Identifier Maintenance. (Oct 2016)

52.204-13 System for Award Management Maintenance. (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.212-4 Contract Terms and Conditions—Commercial Items. (Nov 2023)

52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021)

52.223-5 Pollution Prevention and Right-to-Know Information. (May 2011)

52.223-10 Waste Reduction Program (May 2024)

52.227-14 Rights in Data – General (May 2014)

52.227-17 Rights in Data – Special Works (Dec 2007)

52.227-18 Rights in Data – Existing Works (Dec 2007)

52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Mar 2023)

52.233-1 Disputes (May 2014)

52.247-34 F.o.b. Destination. (Nov 1991) https://www.acquisition.gov/far/

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial

Products and Commercial Services. (Nov 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)).

(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:

__(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).

_x_(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) ( 31 U.S.C. 6101 note).

__(6) [Reserved].

__(7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

_x_(9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

_x_(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L.

115–390, title II).

__(ii) Alternate I (DEC 2023) of 52.204–30.

_x_(12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, 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).

_x_(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.

_x_(35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

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

_x_(36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

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

_x_(37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_x_(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

_x_(39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

_x_(40) 52.222-54, Employment Eligibility Verification (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.

_x_(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.

_x_(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.

_x_(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:

_x_(1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

_x_(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).

_x_(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

_x_(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)

52.216-18 Ordering (Aug 2020)

A. (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 __________ through ____________ [insert dates].

B. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

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

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services…

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