36C79124Q0023.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

SET-ASIDE

Commodities & Services Acquisition Svc (003B6E) 555 Corporate Circle Golden CO 80401-5621

POINT OF CONTACT*

Contract Specialist Ayi Ayayi 720-497-2324 ayi.ayayi@va.gov Contracting Officer Ryan Garrison 303-273-6207 ryan.garrison@va.gov

PLACE OF PERFORMANCE

555 Corporate Circle

Golden Colorado

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Combined Synopsis/Solicitation

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with (IAW) the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

BACKGROUND:

Veterans Health Administration (VHA), Speech Therapy, and Prosthetic Sensory Aids Services have identified artificial larynges as required prosthetic devices to meet veteran beneficiary medical needs. The purpose of this solicitation is to provide contracted items to VA Medical Centers. The Denver Logistics Service (DLS) is a national distribution center which procures, stocks, and distributes artificial larynx speech aids, hereinafter called “artificial larynges” and accessories to Veterans Affairs medical centers. The resultant contract(s) will provide the normal supply requirement for VA Medical Centers.

PURPOSE:

The purpose of this procurement is to provide contracted artificial larynges to the VA by using the VA’s DLS as a preferred source. Scheduled items will be ordered periodically and, in such quantities, as needed to fill agency requirements IAW current applicable supply procedures.

OBJECTIVE:

The objective is to award one or more fixed price, indefinite delivery, indefinite quantity (IDIQ) contracts to ensure availability of the prosthetic device known as the artificial larynx.

SCOPE:

This solicitation may result in one or more fixed price IDIQ contracts for a base year period with four – one (1) year options to be exercised at VA’s DLS discretion. More than one award may be made for each Contract Line-Item Number (CLIN) up to a maximum of four (4) per contract line item to the prospective vendor whose quote conforms to the solicitation and is determined to be Lowest Price Technically Acceptable (LPTA). Only one award will be made for brand name and model/package of artificial larynges selected for the identified CLIN associated with the offered product.

CONTRACT PERIOD OF PERFORMANCE:

(ii) The solicitation number is 36C79124Q0023 and is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05.

(iv) This solicitation does not incorporate a set aside. Thus, the solicitation is Unrestricted Full and Open. NAICS: 339113 / Size STD: 800. Note: Trade Agreements clause at 52.225-5 and Trade Agreements Certificate provision at 52.225-6 will apply.

(v) Artificial Larynges Contract Line-Items are as follows:

CLIN 0001 – Digital Artificial Larynx Device

Part Number

CLIN 0001A Optional SUB LINE Accessories / CLIN 0001 Replacement parts

O Rings

Replacement Vibrating Heads

Replacement Battery Caps

Device Belt Holder

Device Safety Cord

Oral Adapter Caps

Soft plastic intra oral tubing

Rigid intra oral tubing

Replacement rechargers

Replacement Rechargeable Batteries

Carrying Case for Device

CLIN 0001B Commercial Warranty Information

CLIN 0002 – Analog Artificial Larynx Device

Part Number

CLIN 0002A Optional SUB LINE Accessories / CLIN 0002 Replacement parts

O Rings

Replacement Vibrating Heads

Replacement Battery Caps

Device Belt Holder

Device Safety Cord

Oral Adapter Caps

Soft plastic intra oral tubing

Rigid intra oral tubing

Replacement rechargers

Replacement Rechargeable Batteries

Carrying Case for Device

CLIN 0002B Commercial Warranty Information

CLIN 0003 – Digital or Analog Intra-Oral Artificial Larynx Device

Part Number

CLIN 0003A Optional SUB LINE Accessories / CLIN 0003 Replacement parts

Various Cord Lengths for Tone Generator

Replacement Tone Generator

Extended Grip Tone Generator

Soft Plastic Intra Oral Tubing

Rigid Intra Oral Tubing

Replacement Rechargers

Replacement Rechargeable Batteries

Carrying Case for Device

CLIN 0003B Commercial Warranty Information

ESTIMATED QUANTITIES:

The estimated quantities listed in the Schedule of Items are estimated and are NOT commitments. Estimated quantities listed for each CLIN are estimates of the total annual requirement for the described product. The Government may place orders at quantities greater than the estimated total quantity as stated in the schedule of items. Additionally, there is no express or implied guarantee that the quantities will be ordered regularly.

OPTIONAL SUB LINE-ITEMS:

The Optional Sub-Line Accessories and/or parts Items are optional and are designated only for product accessories and/or parts that are available for the corresponding contract line-item number (CLIN) model. There will be no award for Sub-Line Items unless an award is made for a corresponding CLIN model/package.

(vi) Requirements description is as follows:

PRODUCT MINIMUM TECHNICAL REQUIREMENTS:

Digital Artificial Larynx Device (CLIN 0001) The artificial larynx shall meet the following minimum technical requirements and minimum functions:

a. The device is used to produce speech in the absence of a functioning larynx.

b. The device functions extra-orally by manual placement against neck or cheek surface; and intra-orally by intra-oral tube placement in the oral cavity with use of an oral adaptor and intra-oral tube.

c. When pressed against the skin on the neck or outer cheek sound vibrations are conducted through the neck or cheek tissue into the pharynx and oral/nasal cavities and “shaped” by the articulators (tongue, lips) to produce speech. When the oral adaptor is used, the intra-oral tube transmits sound directly into the oral cavity.

d. The digital device must be hand-held; battery-operated, capable of working with rechargeable battery/batteries, include a battery charger, and include at least two rechargeable batteries.

e. The device must produce sound and include a manual volume control with a high/low range of volume.

f. The device must also have a range of pitch/tone settings with an internal and/or external pitch/tone setting adjustment(s).

g. The device must include an oral adaptor and intra-oral tubes.

h. The device must have a manually depressed button that produces sound vibrations.

i. The device must include a commercial warranty.

Analog Artificial Larynx Device (CLIN 0002) The artificial larynx shall meet the following minimum technical requirements and minimum functions:

a. The device is used to produce speech in the absence of a functioning larynx.

b. The device functions extra-orally by manual placement against neck or cheek surface; and intra-orally by intra-oral tube placement in the oral cavity with use of an oral adaptor and intra-oral tube.

c. When pressed against the skin on the neck or outer cheek sound vibrations are conducted through the neck or cheek tissue into the pharynx and oral/nasal cavities and “shaped” by the articulators (tongue, lips) to produce speech. When the oral adaptor is used, the intra-oral tube transmits sound directly into the oral cavity.

d. The analog device must be hand-held; battery-operated, capable of working with rechargeable battery/batteries, include a battery charger, and include at least two rechargeable batteries.

e. The device must produce sound and include a manual volume control with a high/low range of volume.

f. The device must also have a range of pitch/tone settings with an internal and/or external pitch/tone setting adjustment(s).

g. The device must include an oral adaptor and intra-oral tubes.

h. The device must have a manually depressed button that produces sound vibrations.

i. The device must include a commercial warranty.

Digital or Analog Intra-Oral Artificial Larynx Device (CLIN 0003)

a. The device is used intra-orally to produce speech in the absence of a functioning larynx.

b. The device functions by intra-oral tube placement in the oral cavity. Sound vibration is conducted through a thin tube placed directly into the oral cavity where it can be “shaped” by the articulators (tongue, lips) to produce speech.

c. The digital or analog device is a dedicated intra-oral device and cannot be used by manual placement against the neck or cheek surface.

d. The digital or analog device must be battery powered, hand-held, and have a manually depressed button that activates sound which is conducted from the device through the intra-oral tube directly into the oral cavity.

e. The device must produce sound and include a manual volume control with a high/low range of volume.

f. The device must also have a range of pitch/tone settings with an internal and/or external pitch/tone setting adjustment(s).

g. The device must include at least two batteries.

h. The device must include a commercial warranty.

GRAY MARKET PREVENTION:

a. Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e., replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

b. Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e., replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be IAW the OEM terms and conditions.

c. The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

COMMERCIAL PACKAGING:

Items supplied under the contract shall be individually commercially packaged in a manner which ensures arrival at its destination in a satisfactory condition (not damaged due to packaging failures during normal handling) for further redistribution to individual users. Packaging should not include cross-selling literature for other products, which have not been specifically awarded.

CONTRACT USERS:

a. The Contractor shall provide the products specified in the schedule directly to the Department of Veterans Affairs, Denver Logistics Service at the prices awarded herein and under the terms and conditions set forth in the contract upon receipt of a delivery order signed by a person with purchasing authority on behalf of the DLS.

b. Department of Veterans Affairs DLS is the only entity with authorization to place orders against the resulting established contract(s). DLS delivery orders will be sent electronically or faxed to the Contractor. Upon receipt of delivery order from the DLS, the Contractor shall fulfill the order and ship the items to the DLS address noted in below in the delivery information section. Delivery will be F.O.B. destination.

ORDERING PROCEDURES:

a. DLS ordering activity will place orders directly with the Contractor. Delivery orders should include the specific item description, item quantities and product number contained in the contract. Delivery orders should also reference delivery and invoicing instructions and any other special instructions with the terms of the contract.

b. Prospective vendors are requested to indicate below how they elect to receive orders.

[ ] Computer-to-computer Electronic Data Interchange (EDI). A prospective vendor electing to receive computer-to-computer EDI is requested to indicate below the name, address, and telephone number of the POC to be contacted regarding establishment of an EDI interface.

POC Information:____________________________________________________________ [ ] Facsimile transmission. Indicate below the telephone number(s) and point of contact where orders should be forwarded. The Contractor must confirm receipt of delivery orders from VA DALC via e-mail or fax within two (2) business days.

POC Information:____________________________________________________________

GUARANTEED MINIMUM:

a. The minimum dollar amount of supplies that the Government agrees to order per contract is $2,500.00. If the minimum is not ordered, by the expiration date of the contract, the Government will pay (upon request) the difference between the amount ordered and the minimum dollar amount guarantee of $2,500.00. Request for payment of any amount due shall be submitted in writing to the Contracting Officer within 30 calendar days after the end of the contract period.

b. The guaranteed minimum does not apply if the contract is terminated for cause.

c. There is no expressed or implied guarantee that the quantities will be ordered regularly in the base year or option year periods. Quantities will be ordered on an as need basis to resupply stock level at the DLS.

d. There will be no minimum or maximum quantities established at the delivery order level.

CONTRACT CEILING AMOUNT:

The maximum value of supplies that the Government may order during the contract period of performance will be $3,000,000.00.

CONTRACT ADMINISTRATION DATA:

The Contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect the terms and conditions of the contract.

a. Contractor shall maintain a current letter designating primary or primary/alternate point of contact(s) with contractual authority to be contacted for prompt contract administration.

Designation should be on company letterhead with the following information:

Name Address Phone Number E-Mail

b. Customer Service Information: Contractor shall provide the name, telephone number and email address of individual that can be contacted for product information:

POINT OF CONTACT FOR CUSTOMER SERVICE / PRODUCT SUPPORT

Name Address Phone Number E-Mail

c. Government Agency: The Government Representative for this RFQ and requirement is:

Contract Specialist: Ayi Ayayi Phone No: 720-497-2324 Fax No: 303-215-9074 E-mail Address: ayi.ayayi@va.gov Contracting Officer: Ryan Garrison Phone No: 303-273-6207 Fax No: 303-215-9074 E-mail Address: ryan.garrison@va.gov

Mailing:

Department of Veterans Affairs / Denver Logistics Service PO Box 25166 Denver, Colorado 80225-0166

Federal Express Address:

555 Corporate Circle, Golden, CO 80401

INVOICING PROCEDURES:

a. Invoices shall be submitted in arrears as supplies are ordered:

b. Invoices must match any partial orders shipped.

c. Invoices for payment shall be IAW FAR 52.212-4(g).

d. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be sent IAW VAAR Clause 852.232-72 Electronic Submission of Payment Requests (NOV 2012). Further invoicing instruction will be given upon contract award.

(vii) Delivery and Acceptance Information is as follows:

DELIVERY INFORMATION:

a. Delivery schedule, which will be specified on delivery orders issued against resultant contract, is the date material is due in, not the shipping date. Orders may be shipped early to ensure delivery prior to the due-in date.

b. Delivery is F.O.B. destination to the DLS.

c. Partial deliveries are authorized; however, the complete order is due within the agreed contract delivery order delivery period. Any items not received within the agreed period will be considered delinquent.

d. Deliveries to the DLS can be made to the following:

Mail, Parcel Post, Overnight and Common Carrier: VA Denver Logistics Service

e. Urgent Delivery. When the contract delivery schedule does not meet the urgent delivery requirements the DLS may contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within one (1) workday after receipt. (The Contractor, in writing, shall confirm telephonic replies.) If the Contractor agrees to accelerate the delivery, shipping charges will become the responsibility of the minimum facility. This does not apply if the Contractor is accelerating the shipping in order to meet the contract delivery time frame.

SHIPPING REQUIREMENTS:

a. The shipping container shall be clearly marked to indicate the following:

b. A packing list, which includes the description of material shipped, including name of item, item number, quantity, number of containers, and package number (if any).

c. If more than one order is shipped per container, each order shall be packaged in a separate container or package and must contain an individual packing list, as specified above, for that order.

APPLICABLE PROVISIONS AND CLAUSES:

(viii) The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition as does the following Addendum to 52.212-1:

INSTRUCTIONS TO OFFERORS ADDENDUM: All questions must be submitted in writing to the POC listed below by 12:00 pm MDT on 30 September 2024. All responses will be posted to this announcement by 12:00 pm MDT 3 October 2024. The government cannot guarantee any responses to questions received after this deadline.

Q & A POC: Ayi Ayayi at Ayi.Ayayi@VA.gov and Ryan Garrison at Ryan.Garrison@VA.gov

The prospective vendor shall submit an electronic copy of their quote to the Government Representatives for this RFQ IAW FAR 52.212-1 instructions to offers.

The prospective vendor shall also submit one (1) working sample of artificial larynges for any of the contract line items 0001, 0002, 0003. The samples shall include all Product Minimum Technical Requirements as described in section (vi) and existing product literature. The sample and existing product literature shall be in standard commercial packaging as described in section (vi).

Additionally, in an effort to prevent Gray Market and Counterfeit Items, if the prospective vendor is a distributor, the prospective vendor shall submit a copy of an authorized distributor letter to verify that they are an authorized distributor of the products they are providing within the quote.

PRICING INSTRUCTIONS: The prospective vendor shall provide prices for the “Artificial Larynges Contract Line-Items” tables in section (v) for which they wish to submit a quote. If a quote is submitted for a CLIN, to be considered it must have pricing for the base year and the four option year periods. Additionally, priced products shall be in conformance with the product technical requirements as identified in section (vi). Prices awarded for the base and option year periods will remain in effect for the respective contract base year and option year periods, if exercised IAW 52.217-9 Option to Extend the Term of the Contract (Note: This is a Firm Fixed Priced effort). Evaluation of options and award of option year pricing shall not obligate the Government to actual exercise of any option(s) periods.

Additionally, unit pricing for the Optional Sub-Line Accessories and/or parts items shall be provided in the designated spaces in the section (v) tables as well. Please remember, The Optional Sub-Line Accessories and/or parts Items are optional and are designated only for product accessories and/or parts that are available for the corresponding CLIN model. There will be no award for Sub-Line Items unless an award is made for a corresponding CLIN model. To be considered, the prospective vendor must submit a quote for the Base and all Options for each applicable accessory and/or part being offered. The prices quoted for any OPTIONAL Sub-Line Accessories and/or parts will be excluded from the price evaluation for CLIN model award purposes. However, if corresponding CLIN model awards are made, the pricing for the Sub-Line Accessories and/or parts will have to be determined fair and reasonable by the Contracting Officer to be included in the contract.

Please Note: The Government will reject quotes that are priced for base years and not priced on all option years.

DOCUMENTATION INSTRUCTIONS: The following documents/requirements shall be submitted by the prospective vendor:

· Completed and signed quote IAW the Instructions to offerors 52.212-1 and its ADDENDUM.

· If the prospective vendor is a distributor, the prospective vendor shall submit a copy of an authorized distributor letter to verify that they are an authorized distributor of the products.

· Pricing tables in the quote shall reflect the format in section (v) titled “Artificial Larynges Contract Line-Items”.

· Product sample and existing product literature (i.e., user manual w/specifications)

· If required (only if a large business), Small Business Consideration documentation (i.e., subcontracting plan). Subcontracting Plan shall be IAW the requirements listed in FAR 19.704

Quotes and Product Samples are due on: 14 October 2024.

Time quotes are due: 4:00 PM MDT

Submit electronic quotes to: Ayi Ayayi at Ayi.Ayayi@VA.gov and Ryan Garrison at Ryan.Garrison@VA.gov

Submit product samples, existing product literature, and authorized distributor letter to the following address:

ATTN: Ryan Garrison and Kelli Kruger VA Denver Logistics Service 555 Corporate Circle Golden, CO 80401

It is up to the prospective vendor to make sure that all product samples and existing product literature are shipped and received at the Denver Logistic Service by solicitation due date and time listed above. If more than one box is used for shipping the prospective vendor shall mark boxes as shipped # of boxes, and each box should be identified as # of # of box. The solicitation number 36C79124Q0023 shall be marked on each shipment box.

NOTE: Prospective vendor must be registered and active in the System for Award Management (SAM) IAW FAR 52.204-7. Prospective vendors who FAIL to meet these requirements at quote submission will not be considered for an award offer from the Government.

(ix) The provision at FAR 52.212-2, Evaluation-Commercial Items is being substituted with the following provision:

a. The Government will offer an award offer resulting from this RFQ to the responsible vendor whose quote, conforming to the RFQ and its instructions to offerors, is the Lowest Priced Technically Acceptable quote.

b. Options - The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Note: 52.219-9 will be in the resulting contract(s).

c. The government will make an award offer(s) based on the successful vendor quotes. The vendor may or may not accept the government’s offer. The vendor shall accept the government’s offer by providing a notice of acceptance in writing (i.e., signature on SF 1449). The government may send a written notice to the vendor any time before acceptance occurs to withdraw, amend, or cancel the award offer.

(x) The clause at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items applies to this acquisition. Prospective vendors must include a completed copy of the provision at FAR 52.212-3, when submitting their quote.

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition.

NOTE: Please see “Additional Provisions and Clauses Attachment” for additional FAR provisions and clauses cited that are relevant to this acquisition.

52.212-5 Clause Attachment 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 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:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

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

_X_ (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.)

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) (Pub. L. 111-117, section 743 of Div. C).

_X_ (10) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (11) 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_ (12) (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.

__ (13) 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).

__ (14) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (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] __ (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.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

_X_ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Sep 2023) of 52.219-9.

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

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

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

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

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

__ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

__ (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).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

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

__ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

_X_ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48)

(i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

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

__ (49) (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_ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 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).

__ (52) 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).

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

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150).

__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

_X_ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

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

__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (64)

(i) 52.247-64, Preference for Privately 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.

(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.

Additional FAR and VAAR Provisions and Clauses Attachment FAR Provisions:

52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2011)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products:

Line-Item No. Country of Origin

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

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):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/vaar FAR Clauses:

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/vaar

52.216-18 ORDERING

Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from December 3rd, 2024 through December 2nd, 2028.

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

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

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

(3) If sent electronically, the Government either—

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

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

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

52.216-22 INDEFINITE QUANTITY

Indefinite Quantity (Oct 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December 2nd, 2029 .

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 [30 DAYS]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least [60 days] before the contract expires.