2.2.1 - RFQ Fillable Requirement.pdf

TRANSPORTATION SECURITY ADMINISTRATION

Request for Quota on

ETD Sample Traps

Contents Section 1: Schedule of Supplies/Services Section 2: Statement of Work Section 3: TSA Instructions Section 4: FAR Clauses and Provisions Section 5: Evaluation For Award

Section 1: Schedule of Supplies/Services CLIN No. Description Quantity Unit Unit Price Total Price

0001 QSB220 ETD Sample Traps (100 count containers)

2500 Each $ - $ -

0002 QSB220 ETD Sample Traps (100 count containers)

6900 Each $ - $ -

Section 2: Statement of Work

SECTION I: Purpose

Product, Service or Outcome Needed:

No. Item Quantity Delivery Date Recipient

0001 QSB220 ETD

Sample Traps (100 count containers) packs

30 days ARO Denver International Airport

0002 QSB220 ETD

Sample Traps (100 count containers) packs

30 days ARO Minneapolis-St.

Paul International Airport

Scope of the Product, Service, or Outcome:

Vendor shall provide cans of sample traps (metal can swabs) for B220 ETDs, for

Screening Operations.

SECTION II: Background

MSP and DEN officers perform passenger screening functions at the security checkpoints, for which B220 ETDs are issued for use per TSA policy. The B220 ETDs detect explosive materials through the use of sample traps which collect potential explosive residue. Due to the increase in price of sample traps (metal can swabs) and traveler loads, we need to procure these mission critical screening consumables through a PR. This will ensure that we do not exceed the maximum single-purchase threshold per the purchase card program.

SECTION III: Technical Requirements/Tasks/Outcomes N/A

Special Delivery Instructions: Please call POC when en route to delivery location to ensure there will be someone on site to receive the shipment. Any pallets must be loaded in such a way that allows unloading by pallet jack.

Recipient Denver International

Airport Minneapolis-St. Paul International Airport

Delivery

POC

Jose Zambrano: (303)883- Christopher Hughes:

(303)435-5458

Christopher Stanton Christopher.Stanton@tsa.dhs.gov (612)486-6174

Address DHS / TSA TSA Logistics Office – A- Con ATTN: Jose Zambrano 8700 Pena Blvd Room Denver, CO 80249

TSA

ATTN: Chris Stanton PR# 255903A058 7550 23rd Avenue South, Suites 144/145 Minneapolis, MN 55450

Travel Requirements: None

Special Requirements:

Please call when en route (1/2 hour to 1 hour prior to arrival) to delivery location to ensure there will be someone on hand to receive the shipment. Any pallets must be loaded in such a way that allows unloading by pallet jack.

Section 3: TSA Instructions Clauses incorporated by reference.

Ar cle Number Reference Text

3052.242-72 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

Clauses incorporated by full text

TSA-RQMTS SUBMISSION OF INVOICES (JUNE 2024)

Background: The Transporta on Security Administra on (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA opera ons, including the payment of contractor invoices. Therefore, all contractor invoices must be submi ed to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen).

Invoice Submission Method: Invoices may be submi ed via U.S. Mail, or email. Contractors shall u lize ONLY ONE method per invoice submission. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contac ng the U.S. Coast Guard Finance

Center via the methods listed in the paragraph en tled, "Payment Status". The submission informa on for each method is as follows (listed in order of preference):

Mail invoices to:

United States Coast Guard Finance Center

TSA Commercial Invoices

P.O. Box 4111

Chesapeake, VA 23327-4111

Or email invoices to:

FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil

Invoice Elements. Invoices that are not proper will automa cally be rejected if the informa on required in the Prompt Payment Clause are not included in the invoice. Contractors must correct any noted deficiencies and resubmit the invoice directly to the FinCen for verifica on of error correc on.

All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding cita on. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.

Discounts offered a er invoice submission. If the Contractor should wish to offer a discount on a specific invoice a er its submission for payment, the Contractor should submit a le er to the FinCen iden fying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what me period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

Payment Status. Contractors may contact the FinCen via phone or email regarding the receipt of invoices or billing inquiries using (800) 564-5504 or (757) 523-6940 (Voice Op on #1) or email:

FIN-SMB-CustomerService@uscg.mil.

Frequency of Invoice Submission. Invoices shall be submi ed a er delivery and acc

Timely Submission of Invoices: In order to ensure reimbursement under this contract, invoices shall be mely submi ed for payment. Contractors must submit an invoice to the payment office as indicated for all allowable and allocable internal expenditures made during the specified invoice period pursuant to the Contract. Also be advised that under 31 U.S.C. §1552 and §1553, funds that were obligated to the contract, but that have expired, remain available for adjustments for five (5) fiscal years following expira on of the period for which the relevant appropria on was made. A er the respec ve meframe, the expired account closes and the funds are not available for any purpose.

TSA-RQMTS TSA POINTS OF CONTACT (JUNE 2024)

The primary point of contact for this contract:

Contrac ng Officer:

NAME: kurt.allen@tsa.dhs.gov

PHONE NUMBER: n/a

EMAIL: Kurt Allen

If a name is included, the Contrac ng Officer hereby designates the individual(s) named below.

The scope and limita ons of the authority so delegated are included in the TSA Requirement en tled, Contrac ng Officer's Representa ve:

Contrac ng Officer's Representa ve (COR):

NAME: Leah Anderson

EMAIL: Leah.Anderson@tsa.dhs.gov

Technical Monitor (TM):

NAME: n/a

PHONE NUMBER: _________

EMAIL: _________

If the clause at FAR 52.216-32 is included, the following applies:

Task-Order and Delivery-Order Ombudsman:

NAME: Denise L. Randolph

PHONE: (571) 227-4978

EMAIL: TSAProcurementPolicy@tsa.dhs.gov

If the contract includes Government Furnished Property, the following applies:

Government Property Officer:

NAME: n/a

EMAIL: n/a

TSA RQMTS PROTESTS TO THE AGENCY (JUNE 2024)

Protests shall be concise and logically presented to facilitate review by the contrac ng officer.

Offerors are directed to Federal Acquisi on Regula on (FAR) 33.103(d)(2) to obtain the necessary informa on to provide to support the protest. Failure to substan ally comply with any of those requirements may be grounds for dismissal of the protest.

All protests must be submi ed in wri ng and signed by a company official who is authorized to commit the company and shall be addressed to the contrac ng officer. If requested, an independent review of the protest at a level about the contrac ng officer is available.

If the offeror is submi ng an appeal of the contrac ng officer's decision, a copy of the decision shall be included with a clear and concise explana on of any legal and factual grounds for the appeal.

The Transporta on Security Administra on has an internal appeal process that is available for use in the event an offeror seeks a review of the contrac ng officer's decision on a protest. The Head of the Contrac ng Ac vity is the independent appeal authority. Appeals must be sent electronically to TSAProcurementPolicy@tsa.dhs.gov with the subject line of the email clearly indica ng "APPEAL OF AGENCY PROTEST". Interested par es should note that if there is an agency appellate review of the contrac ng officer's decision on the protest, it will not extend GAO's meliness requirements.

TSA INSTR NOTICE TO OFFERORS CONCERNING TRADE AGREEMENTS TERMS APPLICABILITY TO

THE TRANSPORTATION SECURITY ADMINISTRATION (JUNE 2024)

Offerors are hereby no fied that the TSA is subject to the World Trade Organiza on Government Procurement Agreement and the countries it includes as presently defined in FAR

25.003. The only other trade agreements that presently cover the TSA are the US-Mexico- Canada Free Trade Agreement and the U.S.-Chile Free Trade Agreement.

Offerors must analyze their proposals and provide informa on in response to the below Federal Acquisi on Regula on

(FAR) provisions and clauses listed directly below:

· FAR 52.225-1 "Buy American Act - Supplies," FAR 52.225-2 "Buy American Act-Cer ficate,"

· FAR 52.225-3, "Buy American-Free Trade Agreements-Israeli Trade Act,"

· FAR 52.225-4, "Buy American-Free Trade Agreements-Israeli Trade Act Cer ficate,"

· FAR 52.225-5 "TradeAgreements,"

· FAR 52.225-6 "Trade Agreements Cer ficate,"

· FAR 52.225-9 "Buy American Act—Construc on Materials,"

· FAR 52.225-10 "No ce of Buy American Act Requirement-Construc on Materials,"

· FAR 52.225-11 "Buy American Act—Construc on Materials under Trade Agreements," and FAR 52.225-12, "No ce of Buy American Act Requirement—Construc on Materials under Trade Agreements"

The European Union par cipa on is as defined at h p://www.wto.org/english/thewto_e/countries_e/european_communi es_e.htm

Only domes c products or products from Mexico and/or Chile which can be treated as a "eligible product" as defined in FAR 25.003 due solely to the applicability of the US- Mexico- Canada Free Trade Agreement and the U.S.-Chile Free Trade Agreement respec vely, are acceptable for offer under a solicita on or delivery under a contract that specifies the delivery of products in the Federal Supply Class (FSC) code 8300 series "Tex les, Leathers, Furs, Apparel and Shoes, Tents and Flags" and the FSC 8400 series "Clothing and Individual Equipment."

In applying the Buy American Act, the Transporta on Security Administra on advises offerors that, as it affects Federal Acquisi on Regula on (FAR) Subpart 25.4 "Trade Agreements" requirements and the associated contract clauses and provisions at:

· FAR 52.225-1 "Buy American Act—Supplies"

· FAR 52.225-2 "Buy American Act-Cer ficate"

· FAR 52.225-3, "Buy American-Free Trade Agreements-Israeli Trade Act,"

· FAR 52.225-4, "Buy American-Free Trade Agreements-Israeli Trade Act Cer ficate" FAR 52.225- 5 "Trade Agreements"

· FAR 52.225-6 "Trade Agreements Cer ficate"

Section 4: FAR Clauses and Provisions

Clauses and provisions from the Federal Acquisi on Regula on (FAR) and Homeland Security Acquisi on Regula on (HSAR) are incorporated in this document and resultant Task Orders by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

CLAUSES and PROVISIONS INCORPORATED BY REFERENCE

The full text of all FAR and HSAR clauses and provisions may be accessed electronically at this address: h p://farsite.hill.af.mil/ .

The following clauses(s) are incorporated by reference:

CLAUSE /

PROVISION

TITLE DATE Provision/Clause

52.204-7 System for Award Management OCT 2018 Provision

52.204-13 System for Award Management Maintenance

OCT 2018 Clause

52.204-16 Commercial and Government En ty Code Repor ng

AUG 2020 Provision

52.204-18 Commercial and Government En ty Code Maintenance

AUG 2020 Clause

52.204-19 Incorpora on by Reference of Representa ons and Cer fica ons.

DEC 2014 Clause

52.212-4 Contract Terms and Condi ons-- Commercial Items.

NOV 2023 Clause

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

MAR 2023 Clause

52.233-4 Applicable law for breach of Contract Claim

OCT 2004 Clause

52.247-34 F.O.B. Des na on NOV 1991 Clause

HSAR:

3052.247-72 F.O.B. Des na on Only DEC 2003 Provision

The following clause(s) and provision(s) are incorporated in full text:

52.204-24 Representa on Regarding Certain Telecommunica ons and Video Surveillance Services or Equipment (NOV 2021)

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 52.204-26, 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 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunica ons equipment or services, cri cal technology, interconnec on arrangements, reasonable inquiry, roaming, and substan al or essen al component have the meanings provided in the clause 52.204-25, Prohibi on on Contrac ng for Certain Telecommunica ons and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, 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.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract 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 telecommunica ons equipment or services, or use any equipment, system, or service that uses covered telecommunica ons equipment or services.

The Offeror shall provide the addi onal disclosure informa on required at paragraph (e)(2) of this sec on if the Offeror responds "does" in paragraph (d)(2) of this sec on.

(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)

52.204-26 Covered Telecommunica ons Equipment or Services-Representa on (OCT 2020)

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

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

(c)

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

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

52.204-29 Federal Acquisi on Supply Chain Security Act Orders—Representa on 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 52.204-30, 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 52.204-30, 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 52.204-30, 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 4.2303(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;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(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.

52.212-5 Contract Terms and Condi ons Required To Implement Statutes or Execu ve Orders—Commercial Items (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisi on Regula on (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Execu ve orders applicable to acquisi ons of commercial products and commercial services:

(1) 52.203-19, Prohibi on on Requiring Certain Internal Confiden ality Agreements or Statements (Jan 2017) (sec on 743 of Division E, Title VII, of the Consolidated and Further Con nuing Appropria ons Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropria ons acts (and as extended in con nuing resolu ons)).

(2) 52.204-23, Prohibi on on Contrac ng for Hardware, So ware, and Services Developed or Provided by Kaspersky Lab Covered En es (Dec 2023) (Sec on 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibi on on Contrac ng for Certain Telecommunica ons and Video Surveillance Services or Equipment. (Nov 2021) (Sec on 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibi on on Contrac ng with Inverted Domes c Corpora ons (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 A er 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 Contrac ng Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Execu ve orders applicable to acquisi ons of commercial products and commercial services:

[Contrac ng Officer check as appropriate.]

__ (1) 52.203-6, Restric ons on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

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

__ (3) 52.203-15, Whistleblower Protec ons under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Sec on 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__ (5) 52.204-10, Repor ng Execu ve Compensa on and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Repor ng Requirements (Oct 2016) (Pub. L. 111-117, sec on 743 of Div. C).

__ (8) 52.204-15, Service Contract Repor ng Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, sec on 743 of Div. C).

_X_ (9) 52.204-27, Prohibi on on a ByteDance Covered Applica on (Jun 2023) (Sec on 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisi on Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisi on Contracts, and Mul -Agency Contracts. (Dec 2023) ( Pub. L. 115–390, tle II).

__ (11) (i) 52.204-30, Federal Acquisi on Supply Chain Security Act Orders—Prohibi on. (Dec 2023) ( Pub. L. 115–390, tle II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

__ (12) 52.209-6, Protec ng the Government’s Interest When Subcontrac ng with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Informa on Regarding Responsibility Ma ers (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, No ce of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C.

657a).

__ (16) 52.219-4, No ce of Price Evalua on Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved]

_X_ (18) (i) 52.219-6, No ce 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, No ce of Par al Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

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

__ (21) (i) 52.219-9, Small Business Subcontrac ng 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, No ce 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, Limita ons on Subcontrac ng (Oct 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontrac ng Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

__ (25) 52.219-27, No ce 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 Rerepresenta on (Feb 2024) ( 15 U.S.C. 632(a)(2)).

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

__ (27) 52.219-29, No ce 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, No ce of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

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

644(r)).

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

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

_X_ (32) 52.222-19, Child Labor-Coopera on with Authori es and Remedies (Feb 2024).

__ (33) 52.222-21, Prohibi on of Segregated Facili es (Apr 2015).

__ (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 Disabili es (Jun 2020) ( 29 U.S.C.

793).

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

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

_X_ (38) 52.222-40, No fica on of Employee Rights Under the Na onal Labor Rela ons Act (Dec 2010) (E.O. 13496).

_X_ (39) (i) 52.222-50, Comba ng 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 Verifica on (May 2022) (Execu ve Order 12989). (Not applicable to the acquisi on 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, Es mate 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 acquisi on 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 acquisi on of commercially available off-the-shelf items.)

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

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigera on Equipment and Air Condi oners (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.).

__ (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.

_X_ (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 (sec ons 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.

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

__ (51) 52.225-13, Restric ons on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclama ons, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Func ons Outside the United States (Oct 2016) (Sec on 862, as amended, of the Na onal Defense Authoriza on Act for Fiscal Year 2008; 10 U.S.C. Sub tle A, Part V, Subpart G Note).

__ (53) 52.226-4, No ce of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restric ons on Subcontrac ng 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).

__ (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).

__ (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.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contrac ng Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Execu ve orders applicable to acquisi ons of commercial products and commercial services:

[Contrac ng Officer check as appropriate.]

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

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Mul ple Year and Op on Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemp on from Applica on of the Service Contract Labor Standards to Contracts for Maintenance, Calibra on, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemp on from Applica on of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Execu ve Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Execu ve Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promo ng Excess Food Dona on to Nonprofit Organiza ons (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examina on 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 acquisi on 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-Nego a on.

(1) The Comptroller General of the United States, or an authorized representa ve of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly per nent records involving transac ons related to this contract.

(2) The Contractor shall make available at its offices at all reasonable mes the records, materials, and other evidence for examina on, audit, or reproduc on, un l 3 years a er final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Reten on, of the other clauses of this contract. If this contract is completely or par ally terminated, the records rela ng to the work terminated shall be made available for 3 years a er any resul ng final termina on se lement. Records rela ng to appeals under the disputes clause or to li ga on or the se lement of claims arising under or rela ng to this contract shall be made available un l such appeals, li ga on, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accoun ng procedures and prac ces, 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, Prohibi on on Requiring Certain Internal Confiden ality Agreements or Statements (Jan 2017) (sec on 743 of Division E, Title VII, of the Consolidated and Further Con nuing Appropria ons Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropria ons acts (and as extended in con nuing resolu ons)).

(iv) 52.204-23, Prohibi on on Contrac ng for Hardware, So ware, and Services Developed or Provided by Kaspersky Lab Covered En es (Dec 2023) (Sec on 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibi on on Contrac ng for Certain Telecommunica ons and Video Surveillance Services or Equipment. (Nov 2021) (Sec on 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibi on on a ByteDance Covered Applica on (Jun 2023) (Sec on 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisi on Supply Chain Security Act Orders—Prohibi on. (Dec 2023) ( Pub. L. 115–390, tle II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, U liza on of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontrac ng opportuni es. 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 er subcontracts that offer subcontrac ng opportuni es.

(ix) 52.222-21, Prohibi on of Segregated Facili es (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 Disabili es (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, No fica on of Employee Rights Under the Na onal Labor Rela ons 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, Comba ng 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, Exemp on from Applica on of the Service Contract Labor Standards to Contracts for Maintenance, Calibra on, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemp on from Applica on 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 Verifica on (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Execu ve Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Execu ve 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 Func ons Outside the United States (Oct 2016) (Sec on 862, as amended, of the Na onal Defense Authoriza on Act for Fiscal Year 2008; 10 U.S.C. Sub tle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promo ng Excess Food Dona on to Nonprofit Organiza ons (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 addi onal clauses necessary to sa sfy its contractual obliga ons.

(End of clause)

Section 5: Evaluation For Award

Factor 1, Technical: As part of its quote, the Quoter SHALL complete the Attachment (1) – Technical Compliance Table and indicate the “equal” items meets the salient characteristics specified and all SOW 2.2 requirements and provides supporting documentation to show acceptability to the salient characteristics.

Included in Attachment (1) is a compliance check for Offeror Representations and Certifications (FAR Provision 52.212-3) that the Quoter is required to complete. The Quoter shall indicate in the table that it submitted a completed Attachment (2) Reps and Certs Document OR that the Quoter is in compliance with paragraph (b)(2) of the provision which states that the offers’ representations and certifications posted electronically at FAR 52.212-3 are current, accurate, complete, and applicable to this solicitation (including the business size standards applicable to the NAICS code referenced in the solicitation).

Factor 2, Price: The Quoter shall provide a total price for the sample traps (metal can swabs) that meets all the requirements in SOW 2.2.

EVALUATION

Factor 1 - Technical

Acceptable/Unacceptable Ra ng

Ra ng Descrip on

Acceptable Quoter completes the A achment (1) Technical Compliance Table indica ng the item meets the salient characteris cs specified and all SOW 2.2 requirements and provides sufficient suppor ng documenta on to show acceptability to the salient characteris cs; and submits a completed A achment (2) Reps and Certs document or indicates compliance with the Reps and Certs statement provided in the table of A achment (1)

Unacceptable Quoter did not complete the A achment (1) Technical Compliance Table indica ng the item meets the salient characteris cs specified and SOW 2.2 requirements and/or did not provide sufficient suppor ng documenta on to show acceptability to the salient characteris cs; and/or did not submit a completed A achment (2) Reps and Certs document or did not indicate compliance with the Reps and Certs statement provided in the table of A achment (1).

Basis of Award

A purchase order will be awarded to the Quoter whose quote: 1) Completes the A achment 1 Technical Compliance Table and indicates the item meets the salient characteris cs specified and meets all SOW 2.2 requirements and provides sufficient suppor ng documenta on to show acceptability to the salient characteris cs; 2) includes a completed A achment (2) Reps and Certs document or indicates compliance with the Reps and Certs statement provide in the table of A achment (1); and 3) Quotes the lowest total price.