75F40125Q00203 - ATLHAFL Bulk Gases.docx

RFQ # 75F40125Q00203

1. Solicitation Number: 75F40125Q00203

2. Title: FDA ATLHAFL Bulk Gas Tank Rental and Argon & Nitrogen Delivery

3. Classification Code: 66

4. NAICS Code: 325120 with a small business size standard of 1,200 employees

5. Posted Date: May 5, 2025

6. Contract Type: Firm Fixed Price

7. Quote Due Date: May 16, 2025 11:00 a.m. Eastern Time.

All quotes are due, electronically via email to Andrea.Howard1@fda.hhs.gov. Late submissions may not be evaluated.

The subject line shall read: RFQ # 75F40125Q00203- FDA ATLHAFL Bulk Gas Tank Rental and Argon & Nitrogen Delivery

SITE VISIT

A site visit is being offered for this solicitation at the date and time indicated below. Attendance is highly encouraged, but not mandatory for contract award consideration.

Quoters shall provide the list of attendees to Andrea.Howard1@fda.hhs.gov and by the due date and time indicated below. The list must provide an email address and phone number for each attendee. The quoter must indicate if any of the attendees are foreign nationals.

Attendee List Due Date/Time: Friday, May 9, 2025 by 11:00 AM Eastern Time

Site Visit Date/Time: Monday, May 12, 2025 at 9:00 AM Eastern Time

Site visit Location:

US Food and Drug Administration Atlanta Human and Animal Food Laboratory 1777 Hardee Ave. SW Atlanta, GA 30310

Questions:

Questions shall be communicated via written correspondence ONLY and shall be submitted to the Contract Specialist via email no later than Tuesday, May 13, 2025 by 11:00 a.m., Eastern Time. Correspondence shall be entitled “RFQ # 75F40125Q00203 Solicitation Questions”.

The questions will be compiled and submitted to the Government POC for answers. The questions and answers will then be posted on sam.gov with the solicitation. It is the offeror’s responsibility to check the solicitation for updates. No questions will be accepted after May 13, 2025 at 11:00 a.m., Eastern Time.

* Under NO CIRCUMSTANCES shall vendors communicate amongst themselves or with the Government representative(s) about this requirement during the site visit! Doing so shall disqualify any vendor(s) that does not adhere to this directive. All inquiries shall be formally submitted in accordance with the above questions guidelines.

Please refer to https://www.fda.gov/about-fda/visitor-information/campus-access-and-security webpage for information on campus access and security.

The site visit will begin promptly at the time indicated. It is the responsibility of attendees to allow adequate time for parking and processing thru security. The FDA recommends attendees allow for a minimum of 15 minutes to clear security at the entrance.

*** All visitors must present a government-issued photo-identification after security screening. Green-card holders must present their Permanent Resident Card (green card). Visitors who are not U.S. citizens must present a valid passport.

7. Description: FDA ATLHAFL Bulk Gas Tank Rental and Argon & Nitrogen Delivery

This solicitation is issued as a Request for Quote (RFQ).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This notice constitutes the only solicitation issued for this requirement. Quotes are requested and a separate written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through FAR FAC 2024-07 August 29, 2024. For purposes of this acquisition, the associated NAICS code is 325120. The RFQ is issued as a total small business set-aside.

Quoters must submit as part of their quote:

· A total price for installation of new tanks

· The unit price for argon gas, nitrogen gas, tank rental, and delivery fees. Unit prices for line items 2, 3, 4, 5, and 6 will be indicated on the award. Other fees (as applicable) – The quoter must indicate what other fees includes.

· Subtotal of quoted price per item

· Total price per year

· Total overall quoted contract price

Each line item for Nitrogen and Argon gas shall have a not to exceed (NTE) amount quoted on the chart below. Upon award contract award and exercise of each option period, the NTE amount may be increased or decreased based the amount of available funds and/or estimated Government usage.

The contractor may invoice monthly for the tank rental, amount of Nitrogen and Argon gas supplied to the Government, the tank telemetry, delivery fees incurred for the month.

TOTAL QUOTED PRICE: The total quoted price will be based on the Government provided estimated quantities for Nitrogen and Argon gas along with the other proposed costs as indicated in the chart below. The quantities for the gases, delivery, and other fees are estimates and not indicative of actual usage upon award.

Total Option Year 2

TOTAL QUOTED CONTRACT PRICE:

Background The FDA Atlanta Human and Animal Food Lab (ATLHAFL) and Tobacco Products Laboratories (TPL) are seeking to establish a contract for the lease of bulk gas tanks and the purchase and delivery of bulk Nitrogen and Argon laboratory gases. Laboratory gases are essential supplies for the functionality of analytical laboratory instruments and methodologies for ensuring consumer safety.

Purpose/Objectives The Atlanta Human and Animal Food and Tobacco Products Laboratories require a continual, reliable source of compressed gases for use in surveillance and regulatory chemical analyses. Gases are essential to instrument and laboratory function.

The Atlanta Human and Animal Food and Tobacco Products Laboratories require a micro-bulk liquid argon system to provide a steady and reliable system to source argon gas for inductively coupled plasma mass spectrometers (ICP-MS) and inductively coupled plasma optical systems (ICP-AES or ICP-OES). These systems are used for trace determination of elements, including selenium.

The Atlanta Human and Animal Food and Tobacco Products Laboratories require a micro-bulk liquid nitrogen system to provide a steady and reliable system to source nitrogen gas for mass spectrometers, evaporators, and other scientific equipment. These systems are used for the trace determination of chemical contaminates and toxic substances.

Scope The U.S. Food and Drug Administration, Atlanta Human and Animal Food and Tobacco Products Laboratories require commercially available, consumable, high purity, and high-quality laboratory grade gases in compressed and liquid states on an “as needed” basis as bulk liquid gases contained in outside bulk storage tanks equipped for gas fill-up services. The containers used to house the gases shall be constructed of suitable materials for the chemical analysis that the gases are being used to facilitate. Installation of the tanks shall shall be complete, to include purging and leak testing, no later than 1 July 2025.

Minimum Performance Requirements The offeror shall provide all personnel, equipment, supplies, facilities, transportation, tools, manifests, shipping papers, materials, documentation, certificates of analysis, supervision and other items and non-personal services necessary to provide the required laboratory liquefied gases as defined in this Statement of Work. The Contractor shall perform to the standards and requirements listed in the details below:

1. Argon System Tank Size and Specifications:

· The Liquid Argon tank bulk system shall be capable of providing Ultra High Purity (UHP) Argon gas with a regulator that can deliver a minimum pressure of 175 psig at a maximum flow of 20 SCFM. UHP is defined as 99.999% pure. The Argon gas is used for ICP trace metal analysis and shall be fit for the Government’s application and use. Krypton levels must be low enough to not interfere with the measurement of selenium at parts-per-billion (ppb) levels. The tank must have the capability to be bottom filled or have a filling capability that ensures an uninterrupted supply of gas to lab instruments during the filling process and must maintain and deliver at a minimum pressure of 175psig during filling.

· The offeror shall provide an appropriately sized bulk tank for Liquid Argon based upon the estimated annual usage listed below. The offeror is responsible to obtain any drawings or specifications necessary to complete installation.

· The bulk tank system shall be installed on an existing “rectangular”-shaped reinforced, 4,000 psi concrete slab, 30’x28’6” at the largest exterior pad dimensions (See Below), drawing for which will be available for inspection upon request prior to bidding. The offeror shall provide tank specifications to confirm installation requirements. The tank shall be installed to current fittings and regulators located at the concrete pad location.

· The Offeror shall be responsible for any surveying, planning or inspection necessary to install the tank. See Attachment 1 for site layout.

· The estimated gas usage of Argon is 276,000 scf per year, or 23,000 scf per month (i.e. 17,250 scf for ATLHAFL and 5,750 scf for TPL). Invoicing for ATLHAFL will be 80% of the total cost of the invoice and 20% for TPL.

· The offeror shall provide a system with a minimum capacity of 30,000 scf of liquid argon and shall include a manifold with display for volume and pressure. The offeror may propose an alternative sized system based on estimated usage rates and purpose for the gas product; however, the most cost- efficient solution is preferred, inclusive of all delivery fees. Due to pad limitations the tank can be no larger than 9,000 gallons.

· The system shall be able to deliver 10 cubic foot per minute (CFM) of Argon gas for up to 16 hours of continual usage. The system shall be configured to allow for additional gas capacity should the Government’s requirements change during the course of the base contract period or option years.

· The offeror shall include and install gas gauges on the bulk tank so that the laboratory can monitor gas levels and submit requests on an “as needed” basis; ensuring the product level is maintained at a minimum of 30% tank system capacity.

· Installation of the tank shall include setting up tank pressure, house line pressure and economizer pressure. The tank feed pressure shall be set at 145 psig and house line pressure shall be set at 135 psig upon installation. A bottom fill, or other fill capability, that ensures uninterrupted supply of gas to lab instruments during filling shall be required.

· Prior to formal governmental acceptance, the tanks Facility lines shall be cleaned, flushed and/or purged of contaminants to ensure that the gas product meets the minimum specifications for quality and purity, as stated below.

· The offeror shall ensure that the Liquid Argon tank be constructed of stainless steel and that any metallic internal components that come in contact with the Argon shall be stainless steel. The offeror shall use pre-cleaned 316L stainless steel tubing to connect the Argon bulk tank to the building’s Argon line. The offeror shall clean/purge the Argon line before connecting the Argon bulk tank.

· The offeror shall provide fit for use gas regulators to adjust the delivery pressure to the optimal amount with respect to the requirements of the laboratory.

· Should remote fill ports be necessary they should be installed so as to maintain 99.999 purity.

· The Offeror shall supply Liquid Argon in the tank bulk system that meets the contaminant specifications listed in the following table, Table 1.

Table 1: Liquid Argon Bulk Gas Contaminant Specifications

2. Nitrogen System Tank Size and Specifications:

· The Liquid Nitrogen tank bulk system shall be capable of providing Ultra High Purity (UHP) Nitrogen gas with a regulator that can deliver a minimum pressure of 175 psig at a maximum flow of 50 SCFM. UHP is defined as 99.999% pure. Gas product shall contain less than 1ppm water and less than 1ppm oxygen. The tank must maintain and deliver at minimum pressure of 175psig during filling.

· The offeror shall provide an appropriately sized bulk tank for Liquid Nitrogen based upon the estimated monthly usage listed below. The offeror is responsible to obtain any drawings or specifications necessary to complete installation.

· The bulk tank system shall be installed on an existing “L”-shaped reinforced, 4,000 psi concrete slab, 30’x28’6” at the largest exterior pad dimensions (See Below), drawing for which will be available for inspection upon request prior to bidding. The offeror shall provide tank specifications to confirm installation requirements. The tank shall be installed to current fittings and regulators located at the concrete pad location.

· The offeror shall be responsible for any surveying, planning or inspection necessary to install the tank. See Attachment 1 for site layout.

· The estimated gas usage of nitrogen is 18,200 HCF per year, 14,560 HCF for HAF Lab and 3,640 HCF for CTP lab. Invoicing for ATLHAFL will be 80% of the total cost of the invoice and 20% for TPL.

· The offeror may propose an alternative sized system based on estimated usage rates and purpose for the gas product; however, the most cost-efficient solution is preferred, inclusive of all delivery fees. Due to pad limitations the tank can be no larger than 9,000 gallons.

· The system shall be able to deliver 40 cubic foot per minute (CFM) of nitrogen gas for up to 16 hours of continual usage. The system shall be configured to allow for additional gas capacity should the Government’s requirements change during the course of the base contract period or option years.

· The contractor shall include and install gas gauges on the bulk tank so that the laboratory can monitor gas levels and submit request on an “as needed” basis; ensuring the product level is maintained at a minimum of 30% tank system capacity.

· Installation of the tank shall include setting up tank pressure of 175psig and economizer pressure. The tank feed line pressure will be set at 145 psig and house line pressure will be set at 135 psig upon installation. A bottom fill or other appropriate capability that ensures an uninterrupted supply of gas to lab instruments during filling shall be required.

· Should remote fill ports be necessary they should be installed so as to maintain 99.999 purity.

· Prior to formal governmental acceptance, the tank shall be cleaned, flushed and/or purged of contaminants to ensure that the gas product meets the minimum specifications for quality and purity, as stated below.

The Contractor shall notify FDA ATLHAF prior to accomplishing a filling request of the bulk tanks for Liquid Nitrogen or Liquid Argon by trans-fill from Dewars instead of the normal delivery truck. All tubing connecting from the bulk tanks to the building lines shall be orbital welded, type 316L stainless steel.

3. Estimated Annual Requirements Table 2:

*Quantities expected herein are estimates only and should not be construed as maximum or minimum requirements. Quantities are accurate to the best of the Government’s ability. Usage fluctuations may affect total requirements.

*Offerors are expected to inspect the storage site by contacting the Contract Specialist identified herein to schedule an appointment. Failure to inspect the site will not relieve the successful offeror from fully meeting the requirements of the resulting contract at the price offered.

4. Ordering Procedures and Deliverables Orders for gases shall be placed, in writing (email), by the Contracting Officer’s Representative (COR) or other personnel designated by the COR as Ordering Officials to the Contractor’s designated recipients. The contractor shall confirm the order in writing (email) back to the ordering official and COR and deliver the requested items within forty-eight (48) hours, excluding weekends, federal holidays, or other closures that may occur due to emergent situations. The Contractor shall provide the government with an estimated delivery date and time so that any special arrangements can be made if necessary. The government shall provide a delivery point of contact with each order. The contractor will provide a delivery ticket with each delivery showing the type, certificate of analysis and quantity of gases delivered.

Liquid Nitrogen Bulk Tank (one item) including installation, purging, and filling After 1 April and operational, including purging and leak testing, no later than 1 Jul

Diagram 1

AA8ULK

NITROGEN TANK

REGVV.TOR VAPORIZER

N26ULK

Upon the completion of the contract, including any option periods exercised, the contractor shall remove all contractor owned property from the facility within thirty (30) days. The contractor shall also coordinate removal with any new contractor and COR to ensure minimal disruption of service to the government.

5. Security Requirements:

When vendor representatives arrive on site to deliver / install equipment, they shall provide proper U.S. photo identification to check-in with the Federal Protective Service (FPS) Security Guards in order to enter the building. The vendor representatives shall receive an “Escort Required” temporary badge, which shall always be worn in the building and will remain escorted by lab personnel during their visit. If vendor needs to enter the laboratory, safety glasses shall be worn. When their work is complete, the vendor representatives shall provide the lab personnel a work order or service receipt detailing the requirements of the visit. The vendor representatives shall check-out with the same FPS Security Guards, returning the temporary badge. Tobacco, of any form, and e- cigarettes are not permitted on Federal Property, in Federal Buildings or parking lots.

Vendor representatives shall have a POC for contact. When entering the facility, they will be asked if they have any weapons or sharp object in their possession prior to screening. If bringing in multiple tools, then the contractor shall go through the loading dock. Visitor’s form shall be completed by the POC prior to entry.

6. Inspection and Acceptance Inspection and acceptance will be performed at the delivery location. The Government Point of Contact (POC) will perform inspection and acceptance of the materials delivered. Acceptance is communicated in writing unless otherwise indicated by the Contracting Officer of POC within 30 days of receipt of the deliverable(s). If a rejection is issued, the Contractor shall correct any deficiencies within fifteen (15) days from the time the Government issues the rejection notice. If the Contractor cannot correct the deficiencies within this time frame, the contractor shall immediately notify the POC of the reason for the delay and provide a proposed corrective action plan within three (3) business days.

7. Place of Performance US Food and Drug Administration Atlanta Human and Animal Food Laboratory 1777 Hardee Ave. SW Atlanta, GA 30310

8. Billing Atlanta Human and Animal Food and Tobacco Products Laboratories shall be invoiced individually on a pro rate share basis for both gas usage and tank rental, with 80% of the total for gases and tank rental being invoiced to Atlanta Human and Animal Food and 20% of each being billed to Tobacco Products Lab.

9. Period of Performance The Period of Performance runs from the date of contract award for a period of one (1) Base Year plus four (4) option Years. The installation of the bulk tanks for Liquid Argon & Liquid Nitrogen shall take place within 30 days after award no later than July 1, 2025.

Base Period: 6/01/2025-5/31/2026 Option Year 1: 6/01/2026-5/31/2027 Option Year 2: 6/01/2027-5/31/2028 Option Year 3: 6/01/2028-5/31/2029 Option Year 4: 6/01/2029-5/31/2030

Upon exercise of each option period, the amount may be increased or decreased based the amount of available funds and/or estimated Government usage.

Government Holidays

Workplace is not available on the Government holidays stated below, or as prescribed by an Executive Order (EO) due to inclement weather.

January (New Year’s Day) January (Martin Luther King Day) February (President’s Day) May (Memorial Day) June (Juneteenth) July (Independence Day) September (Labor Day) October (Columbus Day) November (Veterans Day) November (Thanksgiving Day) December (Christmas Day)

Type of Contract Firm-Fixed-Price (FFP)

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to (1) Direct or negotiate any changes in the RFQ; (2) Modify or extend the period of performance; (3) Change the delivery schedule; (4) Authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) Otherwise change any terms and conditions of this contract.

FDA Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Jan 2022)

(a) All Invoice submissions for goods and or services must be made electronically through the U.S. Department of Treasury’s Invoice Processing Platform System (IPP). http://www.ipp.gov/contractors/index.htm

(b) Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial items contracts. The IPP website address is: https://www.ipp.gov.

(END OF CLAUSE)

FAR Clauses:

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

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

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

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

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

(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).

(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.

(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

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

__ (14) [Reserved].

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

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

__ (17) [Reserved] __ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

__ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 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 (JAN 2025) 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. 657s).

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

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

(26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

(32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)( E.O. 13126).

__ (33) [Reserved].

__ (34) [Reserved].

(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.

(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.

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

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

(39) (i) 52.222-50, Combating Trafficking in Persons (NOV 021) (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 (JAN 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

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

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

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

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

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

__ (48) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (JAN 2025) 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, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

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

(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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (65) (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).

__ (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).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) ( 49 U.S.C. 40118(g)).

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

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

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) ( 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) [Reserved].

(x) [Reserved].

(xi) [Reserved].

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 018) ( 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 (JAN 2025) ( E.O. 12989).

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

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

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 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)

ADDENDUM TO INCLUDE ADDITIONAL CONTRACT CLAUSES

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.