Request for Quote-75A50324Q00006_ISC.pdf

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U.S. Department of Health and Human Services Administration for Strategic Preparedness and Response (ASPR)

Strategic National Stockpile (SNS) Contracting Branch, Atlanta, GA

Request for Quotation

REUSABLE INSULATED SHIPPING CONTAINERS

75A50324Q00006

Operational Logistics (OL) of the Strategic National Stockpile (SNS), of the U.S. Department of Health and Human Services (HHS), Administration for Strategic Preparedness and Response (ASPR), intends to procure reusable insulated shipping containers (ISCs) that will be deployed for normal use, during emergencies, and special events to enable SNS to pack, load, and ship temperature-controlled Medical Countermeasures (MCMs). The ISCs must maintain content at temperatures between -25oC and -15oC, without the use of dry-ice, ice packs, or foam-based insulation for at least 96 hours of in-transit shipping that may occur on short notice, 24 hours per day, 365 days per year, to anywhere in the United States and international locations. The contractor shall provide ISCs meeting the payload/dimensional specifications, technical specifications, and validation requirements specified in the Statement of Work.

North American Industry Classification System (NAICS) code: 322211, Corrugated and Solid Fiber Box Manufacturing. The small business size standard is 1,250 employees.

Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Part 13 Simplified Acquisition Procedures. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This combined synopsis/solicitation is being issued as full and open competition to establish a firm fixed-price indefinite delivery-indefinite quantity contract. One IDIQ contract will be awarded from this solicitation; however, the Government reserves the right to award multiple contracts or no contracts, at the sole discretion of the Government. All items shall match the payload/dimensional specifications, technical specifications, and validation requirements specified in the Statement of Work to be considered for award.

Closing Response Date: June 19, 2024, at 4:00 p.m. EST. Quote must be submitted by the closing date and time via email to Terri Reed, Contracting Officer, at terri.reed@hhs.gov;

subject line: 75A50324Q00006 RFQ Response – [vendor name]. Failure to submit your response by the closing date and time may result in non-consideration of your quote.

Closing Date for Questions: June 7, 2024, at 10:00 a.m. EST. Questions received after the closing date and time for questions are not required to be answered by the Government. All questions must be submitted to the points of contact listed below via email. Please specify in the subject line: 75A50324Q00006 RFQ Questions – [vendor name]. No telephone inquiries will be accepted.

Point of Contact:

Terri Reed, Contracting Officer terri.reed@hhs.gov

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System for Award Management: In accordance with FAR 4.1102(a), offerors are required to be registered in the System for Award Management (SAM) database at the time an offer or quotation is submitted to comply with the annual representations and certifications requirements. Registration may be done online at www.sam.gov.

SECTION B – SCHEDULE OF SUPPLIES/SERVICES

THE GUARANTEED MINIMUM QUANTITY UNDER THIS CONTRACT IS 1,700 EACH. THE

MAXIMUM QUANTITY UNDER THIS CONTRACT IS 20,000 EACH. THE GOVERNMENT IS

NOT OBLIGATED TO PURCHASE THE MAXIMUM QUANTITY.

The offeror shall provide firm-fixed pricing in accordance with the Items shown below. See the Statement of Work for payload/dimensional measurements for small, medium, and large sized containers.

Item 0001 – Reusable Insulated Shipping Container, size SMALL Item 0002 – Reusable Insulated Shipping Container, size MEDIUM Item 0003 – Reusable Insulated Shipping Container, size LARGE Item 0004 – Shipping Costs (to be included on individual orders)

ITEM SUPPLIES / SERVICES Qty / Unit Unit Price Total Price 0001 Reusable Insulated Shipping Container, size

SMALL

Min: 1,000 ea Max: 4,000 ea

0002 Reusable Insulated Shipping Container, size

MEDIUM

Min: 300 ea Max: 8,000 ea

0003 Reusable Insulated Shipping Container, size

LARGE

Min: 400 ea Max: 8,000 ea

0004 Shipping Costs Job

Shipping Costs: Shipping costs will be included on individual orders based on order quantity and destination location(s). For price evaluation purposes, offerors shall provide an estimate of the maximum shipping costs that may be incurred.

Delivery: The IDIQ contract will have an ordering period of five (5) years commencing from the date of award for 60 months thereafter.

An order for the guaranteed minimum is anticipated to be issued with delivery commencing on or about July 1, 2024, with final delivery of the guaranteed minimum quantity no later than December 31, 2024. Delivery location will be specified in delivery orders, with delivery required to up to four (4) continental United States locations: Maryland, Mississippi, Texas, and Utah.

Guaranteed minimum delivery locations:

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Location Supplies Quantity Olive Branch, Mississippi Insulated Shipping Containers –

SMALL

Insulated Shipping Containers –

MEDIUM

Insulated Shipping Containers –

LARGE

Irving, Texas Insulated Shipping Containers –

SMALL

Insulated Shipping Containers –

MEDIUM

Insulated Shipping Containers –

LARGE

Salt Lake City, Utah Insulated Shipping Containers –

SMALL

Insulated Shipping Containers –

MEDIUM

Insulated Shipping Containers –

LARGE

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (Feb 1998)

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

www.acquisition.gov

(End of provision)

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

This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request the Contracting Officer will make the 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

FAR SOURCE TITLE AND DATE

52.202-1 Definitions 52.203-3 Gratuities

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52.203-12 Limitation on Payment to Influence Certain Federal Transactions 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements - Representation 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-21 Basic Safeguarding of Covered Contractor Information System (Nov 2021) 52.204-24 Representation regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services – Representation (Oct

2020) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.209-5 Certification Regarding Responsibility Matters 52.209-7 Information Regarding Responsibility Matters

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Federal Conviction (Feb 2016) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services

(Sep 2023) 52.212-3 Offeror Representations and Certifications – Commercial Products and

Commercial Services (May 2024) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2023) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-1 Disputes (May 2014)

52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

See Section E – Instructions, Conditions and Notices to Offeror

Evaluation factors other than price, when combined are significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 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.]

_X_ (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).

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__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_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) [Reserved].

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

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC

2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

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

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV

2021) ( 31 U.S.C. 6101 note).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

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__ (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)).

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

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

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

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

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

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

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

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

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

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

_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB

2024) ( 15 U.S.C. 632(a)(2)).

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

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

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__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT

2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

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

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

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

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

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

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

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

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

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

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

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

__ (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.)

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__ (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.).

__ (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 (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.

__ (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).

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__ (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).

__ (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 Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

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

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

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__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG

2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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(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).

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(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.

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(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

FAR 52.216-18 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 __date of award________ through ___60 months after date of award_________.

(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.

FAR 52.216-19 Order Limitations (Oct 1995)

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(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) each, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of 2,500 each;

(2) Any order for a combination of items in excess of 2,500 each; or

(3) A series of orders from the same ordering office within thirty (30) calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five calendar (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 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

Page | 16 period; provided, that the Contractor shall not be required to make any deliveries under this contract after 66 months after date of award.

C.3 HHS Acquisition Regulations (HHSAR)

This contract incorporates one or more HHSAR clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/hhsar

HHSAR SOURCE TITLE AND DATE

352.203-70 Anti-Lobbying (Dec 2015) 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations

(Dec 2015) 352.224-70 Privacy Act (Dec 2015) 352.239-73 Electronic and Information Technology Accessibility Notice (Dec 2015) 352.239-74 Electronic and Information Technology Accessibility (Dec 2015)

C.4 Inspection and acceptance under this contract will be in accordance with FAR 52.212-4 Contract Terms and Conditions - Commercial Items (May 2015).

C.5 CONTRACTING OFFICER'S REPRESENTATIVE(COR) APPOINTMENT AND

AUTHORITY

Performance of work under this contract is subject to the technical direction of the COR or a representative designated by the contracting officer in writing. The term "technical direction “includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the contract are accomplished satisfactorily. Technical direction must be within the scope of the contract specification(s)/work statement.

The COR does not have authority to issue technical direction that: (a) Constitutes additional work outside the contract specification(s) /work statement; (b) Constitutes a change as defined in the “Changes" clause of this contract; (c) Causes an increase or decrease in the contract price, or the time required for contract performance interferes with the contractor's right to perform under the terms and conditions of the contract; or (d) Directs, supervises or otherwise controls the actions of the contractor' s employees.

Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the contracting officer. The contractor shall proceed promptly with performance resulting from the technical direction issued by the COR, if the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government workday. Failure of the Contractor and the

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Contracting Officer to agree that technical direction is within the scope of the contract shall be subjected the terms of the "Disputes" clause of this contract.

C.6 CONTRACTOR PUBLICITY

The Contractor, or any entity or representative acting on behalf of the Contractor, may not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer.

Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government will consider institution of all remedies available under the contract and applicable law.in the scope of the contract shall be subjected the terms of the "Disputes" clause of this contract.

C.7 Invoice Submission

The Department of Health and Human Services has amended the Department's Federal Acquisition Regulation Supplement, the HHS Acquisition Regulation (HHSAR), to support the HHS Electronic Invoicing Implementation Project and HHS's transition to the Department of the Treasury's Invoice Processing Platform (IPP). This complies with Office of Management and Budget (OMB) memorandum M-15-19, Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing, issued on July 17, 2015.

If your company is already registered to use IPP, you will not be required to re-register. Once your contract is transitioned to IPP, your company shall submit invoices for all open and new contracts via the IPP Invoicing Platform.

Your company will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

HHS and the Department of Treasury will enroll your company into IPP. Your company must follow the IPP registration email instructions to register for the Collector Account to be able to submit invoice requests for payment. Your business point of contact as listed in SAM will receive the registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the implementation of IPP. Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov.

To request assistance with enrollment, please contact the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

INVOICE CLAUSE

HHSAR 352.232-71 Electronic Submission of Payment Requests (Feb 2022)

(a) Definitions. As used in this clause—

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements

Page | 18 identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR

ATTACHMENTS

Statement of Work

REUSABLE INSULATED SHIPPING CONTAINERS

Administration for Strategic Preparedness and Response

Strategic National Stockpile

SECTION 1 – BACKGROUND

The mission of the Strategic National Stockpile (SNS) of the U. S. Department of Health and Human Services, Administration for Strategic Preparedness and Response, is to deliver critical medical assets to the site of a national emergency. SNS achieves this mission by operating and maintaining the Strategic National Stockpile (SNS).

The SNS provides technical assistance through guidance and training to state and local public health departments on how to receive, distribute, and dispense medical supplies. When SNS assets are combined with federal, state, and local technical expertise to manage and distribute them efficiently, its helps ensure that key medical supplies are available during emergencies.

Operational Logistics (OL) of the SNS is responsible for maintaining temperature control of the vaccine assets contained within the Cold Chain Management (CCM) and requires additional reusable Insulated Shipping Containers (ISC) that will be deployed for normal use, during emergencies, and special events. The Insulated Shipping Containers (ISC) will be used to pack, load and ship temperature-controlled product that is required to be maintained at temperatures between -25°C and -15°C, without the use of ice, dry ice or gel packs, for at least 96 hours of in transit shipping that may occur on short notice, 24 hours a day, 365 days per year to anywhere in the USA and international locations.

SECTION 2 – PURPOSE/SCOPE OF WORK

The contractor shall supply reusable Insulated Shipping Containers, meeting the payload/dimensional specifications detailed below, to SNS receiving facilities in accordance with the delivery schedule provided in each delivery order. SNS will provide ship to addresses and required quantities to each address upon issuance of a delivery order.

Shipping to continental US states of Maryland, Mississippi, Texas, and Utah.

Required Specifications: (no specific priority or weighted value is implied from the list as outlined)

The containers shall maintain contained product at a temperature range between -25°C and -15°C for at least 96 hours under ISTA 7D Winter and Summer testing.

Refrigerants or Phase Change Materials (PCM) must perform to validated requirements when stored in freezer temperatures between -30°C or colder ensuring consistent temperature performance for the payload without the need for ice, dry ice or gel packs.

All Refrigerants or Phase Change Materials will be stored and conditioned inside of freezer units, inside of ISC, or in controlled ambient temperature environment until use.

ISC cannot be reenergized or loaded with additional PCM once sealed to satisfy the at least 96-hour requirement.

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The containers shall have Thermal Isolation Chamber (TIC), a removable thermal liner containing phase change material, which is frozen in preparation for frozen shipments.

TIC must utilize phase change material with a freeze/thaw threshold for the necessary temperature range to maintain constant temperature.

The containers must have replaceable Vacuum Insulated Panels rather than foam for insulation.

The use of dry ice to maintain temperature requirements is not acceptable.

ISC must be of sufficient strength and integrity to withstand normal handling during storage or shipment.

The ISC outer shell must last a minimum of 5 routine round-trip shipments before significant deterioration. Contractor must provide inspection and reconditioning requirements for reuse.

The containers must have a maximum of 5-minute setup time.

An end user operation instructions card or sheet shall be provided for each unit purchased.

In final manufactured state, all materials making up the ISC are to be non-hazardous.

Preventative maintenance and other maintenance requirements shall be provided by the vendor to SNS.

Products shall have at least 48 months of shelf life remaining at time of delivery.

Contractor shall provide recommended inspection criteria, sanitization instructions, and/or reconditioning required for reuse upon return from deployments.

End user directions for safe disposal and any associated material risks by end user shall be provided, if applicable.

Approximate payload dimensions/dimensional requirements:

Small (Sm); have usable payload space of 5.9”L x 5.9” W x 5.9” H Medium (Md), have usable payload space of 8.9”L x 8.9” W x 8.9” H Large (Lg), have usable payload space of 12” L x 12” W x12” H

ISC payload dimensions must accommodate additional space inside and on top of payload area of the height of 1 inch

Validation Requirements:

ISTA 7D Winter and Summer Protocol will be followed and documented to ensure that the container can maintain the set standards mentioned.

ISTA 7D Winter and Summer profile testing vibration testing (full and empty payload) drop testing on all six sides and side corners (full and empty payload) drop and vibration testing is to be done on the ISC’s in its ambient state with no payload drop and vibration testing is also to be done on the ISC’s in its frozen state with no payload and Full payload Air and Product temperature simulations during testing

Pre-qualified, validated to the satisfaction of the government to the following stipulations:

o ISTA 7D Winter and Summer Protocol for a minimum of 96-120 hours at temperatures of -25°C and -15°C o Payload area empty o Tested and Thermal Mapped to an accuracy of ≤ .1°C

Thermal Mapped temperature probed on bottom, Middle, and Top of payload area

Page | 21 o Allow for qualification and validation inputs from Government including monitoring of testing and format of contractor’s final qualification and validation reporting.

Shipping Requirements:

At the time of delivery to the Government, the containers shall have at least 48 months of shelf-life dating when delivered. SNS will review available product date upon receipt.

All product to be delivered on standard 48" by 40" pallet, not to exceed 60” in height, stretch wrapped and secured to pallet for safe transport.

Contractor shall contact designated POC at SNS receiving site prior to shipping to schedule delivery appointments.

CONTRACTOR SHALL PLACE STORAGE REQUIREMENTS ON ALL

PACKING LISTS.

SECTION 3 – DELIVERY REQUIREMENTS

Delivery is to locations specified on each order, as determined by SNS. Shipping may be required to up to four (4) continental U.S. locations: Maryland, Mississippi, Texas, and Utah.

SNS will provide ship to addresses and required quantities to each address upon order. Vendor will be required to contact each shipping site to arrange for delivery appointment.

Delivery period will be specified on each order, with delivery potentially commencing as early as 7 calendar days from the date of an order and concluding no more than five (5) calendar months after the date of the order. Delivery period for guaranteed minimum quantity is projected to be 01 Jul 24 – 31 Dec 24.

(End of Statement of Work)

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SECTION E - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

E.1 SUBMISSION INSTRUCTIONS

1. The quotation must contain the full name, address, telephone number, Unique Entity Identification (UEI) number, CAGE code, of the entity submitting the quotation, along with the name, phone number, and email address of the individual to be contacted concerning any matter related to the quotation.

2. The quotation must be submitted in PDF format and be no more than 20 pages. (A page is equivalent to an 8.5” x 11” piece of paper.) The font must be no smaller than 10-point.

The font for charts and graphs may be smaller than 10-point provided the information is readable. The quotation must be tailored to the requirements of this solicitation -- please do not include any marketing material in the technical quote; marketing material may not be reviewed or evaluated.

3. The quote must be submitted via email to Terri Reed at terri.reed@hhs.gov by the closing date and time indicated in the solicitation. Subject line: 75A50324Q00006 RFQ

RESPONSE.

E.2 TECHNICAL QUOTE CONTENT

1. The technical quote shall contain sufficient information to determine if the quoted product meets the Required Specifications and Validation Requirements of the solicitation. The technical quote shall include (a) detailed information about the offered product, including a full description of the technical specifications and validation testing as compared to each Required Specification and Validation Requirement of the Statement of Work (SOW) contained in the solicitation; (b) a detailed description of the inspection criteria, sanitation instructions, and/or the reconditioning instructions or process for reuse of the product after deployment; and (c) discussion of the contractor’s ability to initiate and complete delivery within the timeframe specified in the solicitation.

NOTE: If the unit price of the container does not include inspection, sanitation, and/or reconditioning of the containers for reuse, please indicate in your quote the additional price for any inspection, sanitation and/or reconditioning that may be required to reuse the product as specified in the solicitation.

Additionally, the following information must be included in the quote (the additional information does not count towards the page limitation and should be included with the quote as an appendix or submitted as a separate electronic file):

a. Validation testing results shall be provided or made available via a link to testing data. The link must be a secure (https://) site. If validation testing results have been previously provided by the contractor to the Government, please annotate such in the quote, the date of the testing results, and confirmation the data remains valid and has not been revised or updated since the date of the results.

b. Copy of the End User Instruction Card or Sheet for the offered product.

c. Copy of end user directions for safe disposal and any associated material risks by end user, if applicable.

d. Instructions for inspecting, sanitizing, and/or reconditioning the containers for reuse upon return from deployment.

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E.3 TECHNICAL EVALUATION

The Government will perform the evaluation of the offeror’s quotation in accordance with the Evaluation Factors for award as described in this section. The technical evaluation will be based solely on the information provided by the offeror in its quotation. The Government will conduct the evaluation based on a best value trade-off where award may be made to other than the lowest priced offer and/or other than the highest technically rated quote.

Quotations must meet all the Required Specifications and Validation Requirements of the solicitation to be considered technically acceptable.