25Q0152.pdf

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

Vendor:

Address:

UEI SAM:

INSTRUCTIONS/ NOTES TO OFFERORS

1. Submit quotes by email to Latisha.a.Hollman@usda.gov by the time specified in the solicitation.

A COMPLETE QUOTATION PACKAGE MUST CONTAIN THE FOLLOWING ITEMS:

� Signed Standard Form (SF) 1449 Schedule or Cover Page. Reference the solicitation number and include company name, address, DUNS number and point of contact information.

� Completed Pricing Schedule Provide a unit price for each line item specified in the Pricing Schedule. Alternative pricing schedules will not be considered.

� Past Performance Information. Provide at least three (3) past performance references for recent and relevant work performed by the quoter within the last three years. Include project title, description, dollar value, dates performed, location, and contact information (name, title, valid email address, and phone).

� Acknowledgement of any amendments to this solicitation.

2. Submit all questions by email to Latisha Hollman, Latisha.a.Hollman@usda.gov Questions should be submitted no later than three (3) days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary. Telephone inquiries will not be honored.

3. Quoters are urged and expected to inspect the site where the work will be performed. Please submit all questions in writing to Latisha Hollman at Latisha.a.Hollman@usda.gov

4. Vendors must be registered in the System for Award Management (www.beta.sam.gov), including current online representations and certifications, no later than the solicitation response date/time.

5. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

6. The U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) is an

Pricing Schedule

Quoter is responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation. Quotations that include additional terms may be excluded from consideration. Alternative Pricing Schedules will not be considered. Quotations must include a price for all items in the solicitation to be eligible for award.

Contractor shall furnish all the needed personnel, supervision, transportation, material, equipment, services as described in the statement of work, to perform the required maintenance for the USDA, APHIS, Wildlife Services, CO. **All pricing to include any and all costs but not limited to: overhead, general and administrative costs, profit, insurance and transportation**

BASE CONTRACT PERIOD: Date of Award through June 30, 2026

Item Description of Service Quantity Unit Unit Price Total Freezerworks

CCP-24AS in accordance 12 Months $ ____________ $ ____________ with the statement of work

OPTION PERIOD ONE: July 01, 2026 – June 30, 2027

Item Description of Service Quantity Unit Unit Price Total 1 Freezerworks CCP-24AS in accordance 12 Months $ ____________ $ ____________

OPTION PERIOD TWO: July 01, 2027 – June 30, 2028

Item Description of Service Quantity Unit Unit Price Total 2 Freezerworks CCP-24AS in accordance 12 Months $_____________ $ ____________

OPTION PERIOD THREE: July 01, 2028 – June 30, 2029

Item Description of Service Quantity Unit Unit Price Total 3 Freezerworks CCP-24AS in accordance 12 Months $ ____________ $ ____________

OPTION PERIOD FOUR: July 01, 2029 – June 30, 2030

Item Description of Service Quantity Unit Unit Price Total 4 Freezerworks CCP-24AS in accordance 12 Months $ ____________ $ ____________

GRAND TOTAL (BASE PLUS OPTION YEARS) $________________________

STATEMENT OF WORK

Dataworks Customer Care Program for Freezerworks Sample Management Software

TITLE OF CONTRACT

Dataworks Customer Care Program - Annual Renewal for Freezerworks Support Services for the WS Bio- Archive Storage (BAS) Facility

BACKGROUND

Dataworks Customer Care Program provides necessary technical support for the Freezerworks inventory

-Archive Storage (BAS) Facility in Fort Collins, Colorado. The BAS is a specialty warehouse designed to house 115 ultra-cold (-long-term storage of biological samples. The BAS houses the sample archives for NWRC projects and three WS National Programs: NRMP, NFSP, and NWDP. The BAS is available for use by federal, state, and tribal partners to aid with the storage of disease-specific samples and increase overall research opportunities.

OBJECTIVE

To purchase Freezerworks Customer Care Program (Ascent Server) annually, which provides one year of unlimited support and access to upgrades, including maintenance and new version releases of Freezerworks software. Freezerworks software is used in the BAS for creating freezer inventories, managing sample locations, security, data storage and retrieval, barcoding and labeling, shipping and receiving, as well as producing reports and audit trail.

TYPE OF CONTRACT

USDA-APHIS-WS intends to enter a multi-year contract for more than 1, but not more than 5, program years.

REQUIREMENTS

Freezerworks is a suite of freezer inventory and sample management software programs. For a complete description and minimum system requirements go to www.freezerworks.com.

As the owner of all Freezerworks programs, their source code and other support documentation, Dataworks Development, Inc. has sole authorization to offer the maintenance, modifications, enhancements, and new releases provided in the Customer Care Program.

Registration in the Customer Care Program assumes that the Customer has already purchased Freezerworks and has entered into the Dataworks Software License Agreement.

Services Provided

During the Customer Care Program term, Dataworks’ trained Customer Support staff will provide

Monday through Friday (excluding holidays) During normal working hours customers can expect an initial response typically within four hours.

Outside of normal working hours customers can expect an initial response typically within four hours of start of next business day.

Dataworks will maintain a telephone support line, internet connectivity portal, and e-mail address that allow Customers to report problems, obtain document clarification, and seek general assistance in the use of Freezerworks. Dataworks staff will make every effort to respond within one business day, and provide follow-up checks on support issues to ensure customer satisfaction.

Dataworks will issue periodic Maintenance Releases of Freezerworks. These Maintenance Releases usually occur about once per year and may contain error corrections or minor program enhancements.

Dataworks will provide the Customer with a copy of each new Release, as well as installation assistance if needed, at no additional charge.

Dataworks will issue periodic Program Upgrade Releases of Freezerworks, containing major program enhancements. These Upgrades typically occur about once every two years. Dataworks will provide the Customer with one copy of each new Release for their designated program Edition, as well as installation assistance if needed, at no additional charge.

Dataworks will use all reasonable diligence to correct verifiable errors reported in the most recent Freezerworks release. In the event an error is discovered that is judged to be data corrupting, Dataworks

Customers are expected to upgrade their software to the most recent version in order to receive the error corrections. Errors found in unlicensed copies of Freezerworks will not be supported or corrected.

Dataworks will provide remote installation assistance with all initial purchases or upgrades of Freezerworks for Customers who need help with circumstances beyond those covered in the instruction manual.

Dataworks will provide basic on-line technical support through secure remote access to the program, data and facilities, using online meeting internet services. The Customer must ensure that the designated computer system is isolated from any harmful process links or viruses before receiving remote on-line support assistance

The Dataworks Customer Support staff provide Implementation Assistance for each new Maintenance Release and Program Upgrade Release. This specialized assistance analyzes the Customer’s workflow and laboratory organization to determine the optimum configuration for Freezerworks.

Fees and Charges The annual fee for the term of the Customer Care Program covers a twelve (12) month period beginning with Dataworks’ receipt of payment (or purchase order). The subsequent annual renewal terms will commence upon receipt of payment (or purchase order) for the Customer Care Program. Actual Effective and End Dates are shown below.

Customers must be a current Customer Care Program member in good standing to purchase a renewal.

expiration of the current term of their Customer Care Program. Until the annual renewal fee of the Customer Care Program is paid (or a purchase order is provided), Dataworks will not perform services past the End Date of the current term.

Customer Care Program fees do not include applicable taxes (except for Washington State customers).

The Customer must pay their own local, state, and federal sales, use, excise, personal property or any other taxes and duties, which may be imposed on the Customer Care Program, or possession or use of Freezerworks.

Customer Care Program fees will increase no more than 5% annually if purchased for same Edition.

Contact Information:

Program Project Manager (PPM):

Kellie Nicholas

Bioarchivist Wildlife Services | National Wildlife Research Center 4101 LaPorte Ave Fort Collins, CO 80521 p: (970) 266-6065 | c: (970) 988-2983 | BAS: (970) 266-6271 Kellie.R.Nicholas@usda.gov

Latisha Hollman – Contracting Officer USDA APHIS MRPBS AAMD Contracting

Office: 919-855- Latisha.a.Hollman@usda.gov

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions or other stipulations of this contract. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) obligate or deobligate funds into the contract; or (6) otherwise change any terms and conditions of this contract. No information, other than that which may be contained in an authorized modification to this contract duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

1.9 Invoicing Information

The contractor shall submit invoices and supporting documentation to the COR and submitted via www.ipp.gov. The COR must obtain approval for payment for all invoices.

A proper invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Name, title, and phone number of person to notify in event of defective invoice; and

(vii) Taxpayer Identification Number (TIN).

The Government reserves the right to reject an invoice that does not include the information above

2.0 CONTRACT CLAUSES

2.1 CONTRACT CLAUSE INCORPORATED BY REFERENCE

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at these addresses:

http://www.acquisition.gov/far/

NUMBER TITLE DATE

52.212-4 Contract Terms and Conditions—Commercial Items Nov 2023 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payments to Small Business March 2023

Subcontractors

2.2 CLAUSES INCLUDED IN FULL TEXT

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction ( Information system means a discrete set of information resources organized for the collection, processing, Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial (JAN 2025 (DEVIATION FEB 2025))

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) -19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) -23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).

(3) -25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) - , Prohibition on Contracting with Inverted Domestic Corporations

(5) 52.232- , Providing Accelerated Payments to Small Business Subcontractors ( 31 U.S.C.

and ).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

52.233-4, Applicable Law for Breach of Contract Claim - - 19 U.S.C. note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] _X_ (1) -6, Restrictions on Subcontractor Sales to the Government with Alternate I (Nov

(41 U.S.C. ).

__ (2) -13, Contractor Code of Business Ethics and Conduct (41 U.S.C.

__ (3) -15 (Jun (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

_X_ (4) - , Contractor Employee Whistleblower Rights ( ); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community— see FAR (a).

_X_ (5) - , Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L.

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

__ (6) [Reserved].

__ -14, Service Contract Reporting Requirements (Pub. L. 111- C).

_X_ (8) -15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

(Pub. L. 111- _X_ (9) - , Prohibition on a ByteDance Covered Application

-328).

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

_X_ (11) (i) - , Federal Acquisition Supply Chain Security Act Orders—Prohibition. ( Pub.

L. 115– , title II).

__ (ii) Alternate I of - .

_X_ (12) -6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 31 U.S.C. note).

_X_ (13) -9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole- 15 U.S.C. ).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

__ [Reserved] _X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).

__ (ii) Alternate I of 52.219-6.

__ (19) (i) 52.219- , Notice of Partial Small Business Set-Aside (15 U.S.C. 644).

__ (ii) Alternate I of 52.219- .

_X_ 52.219-8, Utilization of Small Business Concerns 15 U.S.C. (d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan ( 15 U.S.C. (d)(4)).

__ (ii) Alternate I of 52.219-9.

__ (iii) Alternate II of 52.219-9.

__ (iv) Alternate III of 52.219-9.

__ (v) Alternate IV of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).

__ (ii) Alternate I of 52.219-13.

_X_ (23) 52.219-14 U.S.C.

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (15 U.S.C.

__ (25) 52.219- , Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small

U.S.C.

_X_ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I of 52.219-28.

__ 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns U.S.C.

__ (28) 52.219- , Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- U.S.C.

_X_ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves ( 15 U.S.C. 644(r)).

_X_ 52.219-33, Nonmanufacturer Rule ( _X_ (31) 52.222-3, Convict Labor _X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies E.O. 13126).

__ (33) 52.222-21, Prohibition of Segregated Facilities __ (34) (i) 52.222-26, Equal Opportunity (E.O.11246).

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

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

__ (ii) Alternate I of 52.222-35.

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities ( 29 U.S.C. ).

__ (ii) Alternate I of 52.222-36.

_X_ 52.222- 38 U.S.C. 4212).

__ (38) 52.222- , Notification of Employee Rights Under the National Labor Relations Act (E.O.

13496).

_X_ (39) (i) 52.222- , Combating Trafficking in Persons (22 U.S.C. chapter __ (ii) Alternate I of 52.222- (22 U.S.C. chapter _X_ 52.222-54, Employment Eligibility Verification ( 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 .)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_X_ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May ( , et seq.).

_X_ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May ( , et seq.).

_X_ (44) 52.223- , Aerosols (May ( , et seq.).

_X_ (45) 52.223-21, Foams (May ( , et seq.).

_X_ (46) 52.223-23, Sustainable Products and Services (May ( , , 42 U.S.C. 6962, 42 U.S.C. 8259b, and ).

__ (i) 52.224-3 Privacy Training ( 5 U.S.C. 552 a).

__ (ii) Alternate I of 52.224-3.

_X_ (48) (i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).

__ (ii) Alternate I of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act ( note, 19 U.S.C. 2112 note, , , 19 U.S.C. chapter 29 -

- - - - - - - - -138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II of 52.225-3.

__ (iv) Alternate III of 52.225-3.

__ (v) Alternate 52.225-3.

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

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National Defense A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set- U.S.C.

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov (42 U.S.C.

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

13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements __ 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov

(41 U.S.C. ).

__ (58) 52.232- , Installment Payments for Commercial Products and Commercial Services (Nov

(41 U.S.C. ).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management ( 31 U.S.C. 3332).

__ 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May (31 U.S.C. 3332).

_X_ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63) -1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.

note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (15 U.S.C.

__ (65) (i) -64, Preference for Privately Owned U.S.-Flag Commercial Vessels ( 46 U.S.C.

U.S.C. 2631).

__ (ii) Alternate I of -64.

__ (iii) Alternate II of -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.] _X_ (1) 52.222-41, Service Contract Labor Standards (41 U.S.C.

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May (29 U.S.C.

41 U.S.C. chapter _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C. U.S.C. chapter __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May and 41 U.S.C. chapter __ (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 U.S.C. chapter __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May (41 U.S.C. chapter _X_ 52.222-55 _X_ (8) 52.222-62 __ (9) 52.226-6 U.S.C.

__ -69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking ( ).

(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 , 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 , 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) -13, Contractor Code of Business Ethics and Conduct (41 U.S.C.

(ii) - , Contractor Employee Whistleblower Rights ( ).

(iii) -19

(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) -23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).

(v) -25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) - , Prohibition on a ByteDance Covered Application

-328).

(vii) (A) – Acquisition Supply Chain Security Act Orders—Prohibition. ( Pub. L.

115– , title II).

(B) Alternate I –

(viii) 52.219-8, Utilization of Small Business Concerns ( 15 U.S.C. 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 (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

(x) 52.222-26, Equal Opportunity (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C.

(xiii) 52.222- , Employment Reports on Veterans (38 U.S.C. 4212).

(xiv) 52.222- , Notification of Employee Rights Under the National Labor Relations Act (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- .

(xv) 52.222-41, Service Contract Labor Standards ( 41 U.S.C. chapter ).

(xvi) (A) 52.222- , Combating Trafficking in Persons (22 U.S.C. chapter

(B) Alternate I of 52.222- (22 U.S.C. chapter and E.O.

(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 U.S.C. chapter

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May (41 U.S.C. chapter

(xix) 52.222-54, Employment Eligibility Verification ( E.O. 12989).

(xx) 52.222-55

(xxi) 52.222-62

(xxii) (A) 52.224-3 5 U.S.C. 552a).

(B) Alternate I of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

(Section 862, as amended, of the National Defense Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C.

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

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

and ). Flow down required in accordance with paragraph (c) of 52.232- .

(xxvi) -1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, note prec.).

(xxvii) -64, Preference for Privately Owned U.S.-Flag Commercial Vessels ( 46 U.S.C.

U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause -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)

52.236-7 PERMITS AND RESPONSIBILITIES (Nov 1991) The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Untied States Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (Nov 2020) (a)The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b)The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR Chapter 4) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

AGAR 452.204-70 MODIFICATION FOR CONTRACT CLOSEOUTS (DEVIATION JULY 2022)

“Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR Part 13.

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 bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP.) If the shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.”

(End of clause)

452.236-74 Control of Erosion, Sedimentation, and Pollution (Nov 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer

52.217-8 Option to Extend Services. (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days

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

(a) The Government may extend the term of this contract by written notice to the Contractor within provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 (years).

(End of Clause)

452.211-5 Period of Performance (Feb 1988).

The period of performance of this contract is from Date of award and not to exceed five years.

Base Year DATE OF AWARD – 6

Option Year 1 6 –

Option Year 2 – 8

Option Year 3 8 – 9

Option Year 4 9 –

452.216-74 Ceiling Price (Feb 1988) obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

3.0 SOLICITATION PROVISIONS

Solicitation Provisions Incorporated by Reference

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

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

http://farsite.hill.af.mil

(End of Provision)

52.204-7 System for Award Management (Oct 2018)

52.204 16 Commercial and Government Entity Code Reporting. (AUG 2020)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (Dec 2019)

52.209-12 Certification Regarding Tax Matters (Feb 2016)

52.212-1 Instructions to Offerors - Commercial Items (Oct 2018)

52.212-3 Offeror Representations and Certifications - Commercial Items. (Jun 2020)

4.2 PROVISIONS INCLUDED IN FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at -26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at -26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a)Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause -25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b)Prohibition.

L. 115-or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

L. 115-or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d)Representation. The Offeror represents that— (1)It will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e)Disclosures.

(1)Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2)Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures. (Dec 2023) (a)Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause - , Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b)Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR - , Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c)Procedures.

(1)The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR - , Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2)The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR (c)(2)).

(3)FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d)Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e)Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1)Name of the product or service provided to the Government;

(2)Name of the covered article or source subject to a FASCSA order;

(3)If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4)Brand;

(5)Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6)Item description;

(f)Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph

(e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible firm whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

-2). The following factors shall be used to evaluate offers:

(i) Technical capability of the item offered to meet the Government requirement;

(ii) Delivery time frame

(iii) Past performance

(iv) Price

In order to be considered technically acceptable, the offered tubes must meet the specifications outlined in the Specification of Work. Final acceptance of product will be made after delivery for each order to confirm that the offered products meet the specifications.

(b) Options (ordering Periods). The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement.