75H70526Q00010 Portable Dental Units for CLSU.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1 13

2. CONTRACT NO. 3. AWARD/

EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

75H70526Q00010

6. SOLICITATION

ISSUE DATE

02/26/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Mary Simon

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/LOCAL TIME

03/9/2026 1 pm CT

9. ISSUED BY CODE 235 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: 100.00 % FOR:

Indian Health Service 2225 Cooperative Ct NW, Rm 200 Bemidji MN 56601

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

339114

11. DELIVERY FOR FREE ON BOARD 12. DISCOUNT TERMS

SMALL BUSINESS

(SDVOSB)

13a. THIS CONTRACT IS A RATED

8(A)

13b. RATING

SIZE STANDARD: 750

(FOB) DESTINATION UNLESS ORDER UNDER THE DEFENSE 14. METHOD OF SOLICITATION REQUEST FOR

BLOCK IS MARKED

SEE SCHEDULE

15. DELIVER TO

NET 15

CODE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

16. ADMINISTERED BY

REQUEST FOR

X QUOTE (RFQ)

INVITATION

FOR BID (IFB)

CODE 231

PROPOSAL

(RFP)

CASS LAKE SERVICE UNIT

425th ST NW Cass Lake Minnesota 56633

Indian Health Service 425 7th Street NW Cass Lake MN 56633

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

19. 20.

IS CHECKED

21.

SEE ADDENDUM

22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES

3 Portable Dental Units IAW Statement of Requirements for the Cass Lake Indian Health Service Unit, Cass Lake, MN.

Set Aside for 100% Small Business

Delivery Required: 60 Days ARO

QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE

ARE NOT ATTACHED.

ARE NOT ATTACHED.

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

X

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

STANDARD FORM 1449 (REV. 11/2021) BACK

SUPPLIES OR SERVICES AND PRICE/COSTS

75H70526Q00010 Portable Dental Units for CLSU

CONTRACT ADMINISTRATION DATA

Contract Administration: All contract administration matters will be handled by the following individuals:

CONTRACTOR NAME AND ADDRESS:

EIN/TIN#

UIE SAMS#

GSA#

NAME:

TELEPHONE:

EMAIL:

CONTRACTOR REGISTRATION: All required information must be in the System for Award Management (SAM) at www.sam.gov.

GOVERNMENT:

Indian Health Service 2225 Cooperative Ct NW, Rm 202 Bemidji, MN 56601 mary.simon2@ihs.gov

NAICS:

339114 Dental Equipment and Supplies Manufacturing with a Small Business Size Standard of 750 employees.

INVOICES:

In accordance with the Prompt Payment Act, payment will be due 15 days after receipt of services or receipt of a proper invoice, whichever is later.

http://www.sam.gov/ mailto:mary.simon2@ihs.gov

Delivery Period:

Delivery Location:

75H70526Q00010 Portable Dental Units CLSU

INVOICE INSTRUCTIONS:

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" 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 the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

- A copy of the Contractor's invoice shall be included with the IPP invoice. If no invoice is attached, the Invoice will be rejected;

- Contractor's Invoice shall contain:

* Contract number

* SAM's Registration - Unique Identity Number (UEI Number)

* EIN or Tax ID Number

* List of deliverables;

- Timesheets if applicable - Number of hours worked with corresponding labor category and rate

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

(a) Definitions.

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 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.

Unless otherwise agreed to by the contracting officer per HHSAR 352.232-71(c), the use of IPP shall take precedence over previously established invoicing procedures.

Improperly prepared invoices or statements shall be returned to the contractor and may delay payment.

60 Days ARO

Cass Lake Hospital 425 7th Street NW Cass Lake, Minnesota 56633 https://www.ipp.gov/ http://www.ipp.gov/

75H70526Q00010 Portable Dental Units CLSU

BID SCHEDULE

SECTION B. SCHEDULE OF PRICE/COSTS.

Line Item Description Quantity Unit Price Total 0001 Portable Dental Units

IAW Statement of Requirements

3 $ $

TOTAL: $

STATEMENT OF REQUIREMENTS

Statement of Requirements for Portable Dental Delivery Systems

Part I: General Information A. Introduction

Cass Lake Indian Health Service (CLIHS) Dental Department, located within the Cass Lake IHS Hospital in Cass Lake, Minnesota, needs 3 new portable dental delivery systems for their Mobile Dental Outreach Program. The current portable dental delivery systems are end-of-life and need replacement to ensure the continuation of safe and efficient delivery of patient care at our Outreach sites.

B. Scope of Services Required

a. Self-contained mobile dental units must have the ability to be transported easily between Outreach sites.

b. Units with comprehensive capabilities, including:

i. Diagnostic procedures (i.e. examinations)

ii. Preventative procedures (i.e. dental prophylaxis, scaling and root planing, polishing, sealant placement, silver ion antimicrobial placement, etc.)

iii. Restorative procedures (i.e. fillings, crowns)

iv. Pulp therapy procedures (i.e. pulpotomies, pulpectomies)

c. Units must be able to be primarily maintained and serviced by local biomedical staff at CLIHS.

Part II: Technical Requirements To meet accreditation standards and dental infection control guidelines / regulations, as well as the needs of the program, there are several technical requirements that must be met, as follows:

A. Structural Requirements

a. Units must be easily transported and must be able to be wheeled easily.

b. Units must weigh no more than 175 lbs.

c. Units must possess dual docking arms to accommodate dentist and assistant instruments and equipment separately.

d. Units must possess a work-surface for placing instruments and materials. This surface must be resistant to staining from silver ion medicaments and must be able to be cleaned / disinfected with hydrogen peroxide based, EPA registered intermediate level disinfectant.

e. Units must be able to plug in to a standard outlet.

f. Units must possess attachments that include:

i. 6-pin fiber optic air-driven highspeed line / attachment that is compatible with a Kavo MULTIflex 460LED couplers (mounted on DDS docking arm)

ii. 6-pin non-fiberoptic air-driven low-speed line / attachment that is compatible with a Kavo INTRA 181K air motor (mounted on DDS docking arm)

iii. Integrated ultrasonic line / attachment that is compatible with a Cavitron 360 handpiece & insert (mounted on DDS docking arm)

iv. Two air-water syringe lines with air-water syringes attached that are compatible with single-use air-water syringe tips (one mounted on DA docking arm and one on DDS docking arm)

v. Two high-speed evacuator (HVE) suction lines / attachments (mounted on DA docking arm)

vi. Saliva ejector suction line / attachment (mounted on DA docking arm)

vii. Mountable instrument tray

viii. Must be able to easily adjust water flow of the high-speed handpiece

ix. Unit Operation & Service Manual must include instructions for sterilization of removable waterline and suction attachments that meet Association for the Advancement of Medical Instrumentation (AAMI) and American National Standards Institute (ANSI) standards

B. Internal Requirements

a. Units must possess an oil-less air compressor with adequate output performance that is compatible with

Dentsply-Cavitron and Kavo motors, couplers, and handpieces. The air compressor must operate at under 50 decibels.

b. Units must possess an oil-less vacuum pump, rated at least 1/2 horsepower (HP) and a full suction strength of 20” Hg (inches of mercury). Must include high flow vacuum upgrade option.

c. Units must possess a holding tank that contains a float that will cut power to the vacuum when the holding tank is at capacity.

d. Units must possess an amalgam separator that complies with the United States Environmental Protection Agency (EPA) and meets either the International Organization for Standardization (ISO) 11143 standard or the American National Standards Institute (ANSI) / American Dental Association (ADA) Standard 108.

e. Daily, weekly, monthly, quarterly, and annual maintenance should be clearly outlined in the Unit Operation & Service Manual and must be relatively simple and reasonable, to ensure compliance can be maintained.

C. Waterline Requirements

a. Units must offer a closed water system, preferably with water bottles behind the unit to prevent contamination from aerosols and splatter.

b. The units’ Instructions for Use (IFU) regarding waterlines must comply with the Centers for Disease Control and

Prevention (CDC) and the Association for Dental Safety (ADS) guidelines.

c. IFU (per the Unit Operation & Service Manual) for waterline shocking must NOT recommend use of diluted bleach.

d. IFU (per the Unit Operation & Service Manual) for waterline maintenance must include specific guidance for the use of either iodine or silver ion-based products.

e. Daily, weekly, monthly, quarterly, and annual maintenance should be clearly outlined in the Unit Operation & Service Manual and must be relatively simple and reasonable, to ensure compliance can be maintained.

D. Additional Requirements

a. Units must have current and comprehensive IFUs included in their Operating & Service manual that meet CDC and ADS guidelines.

b. Units must be accompanied by warranty of at least 1 year.

c. Units must be able to be maintained and serviced in compliance with CLIHS policies and procedures.

Part III: Supporting Information A. Security

N/A

B. Place of Performance Units are to be utilized at our Dental Outreach sites, which include our local K-12 schools, Head Starts, and our local

Operating Room and Same Day Surgery suites.

C. Period of Performance Units must have an expected lifetime of at least 10 years when properly maintained, serviced, and stored.

D. Customer Service / Support Must have readily accessible (via phone and email), same-day customer support.

E. Special Considerations Units must meet the standards and guidelines for ADS, CDA, EPA, FDA, and AAMI/ANSI.

F. Documents / Resources

a. IHS Oral Health Program Guide https://www.ihs.gov/doh/index.cfm?fuseaction=clinicmanagement.ohpg

b. ADS Portable & Mobile Dentistry https://www.myads.org/portable-mobile https://www.cdc.gov/dental-infection-control/hcp/dental-ipc-faqs/best-practices-dental-unit-water-quality.html

c. Environmental Protection Agency Guidelines on Amalgam Separators https://www.epa.gov/eg/dental-effluent-guidelines

d. FDA Recognized Consensus Standards for Medical Devices – ISO 11143 Standard or ANSI/ADA Standard

108 for Dentistry – Amalgam Separators https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfstandards/detail.cfm?standard__identification_no=45

e. CDC Best Practices for Dental Unit Water Quality https://www.cdc.gov/dental-infection-control/hcp/dental-ipc-faqs/best-practices-dental-unit-water-quality.html

f. OSAP Dental Unit Water Quality White Paper and Recommendations dental-unit-water-quality-organization-for-safety-asepsis-and-prevention-white-paper-and-recommendations- 2018.pdf https://www.ihs.gov/doh/index.cfm?fuseaction=clinicmanagement.ohpg https://www.myads.org/portable-mobile https://www.cdc.gov/dental-infection-control/hcp/dental-ipc-faqs/best-practices-dental-unit-water-quality.html https://www.cdc.gov/dental-infection-control/hcp/dental-ipc-faqs/best-practices-dental-unit-water-quality.html https://www.epa.gov/eg/dental-effluent-guidelines https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfstandards/detail.cfm?standard__identification_no=45652 https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfstandards/detail.cfm?standard__identification_no=45652 https://www.cdc.gov/dental-infection-control/hcp/dental-ipc-faqs/best-practices-dental-unit-water-quality.html https://www.cdc.gov/dental-infection-control/hcp/dental-ipc-faqs/best-practices-dental-unit-water-quality.html https://www.myads.org/assets/docs/resources/toolkits-topics/dental-unit-water-quality-organization-for-safety-asepsis-and-prevention-white-paper-and-recommendations-2018.pdf https://www.myads.org/assets/docs/resources/toolkits-topics/dental-unit-water-quality-organization-for-safety-asepsis-and-prevention-white-paper-and-recommendations-2018.pdf

Solicitation Provisions

SECTION D. FAR PROVISIONS AND CLAUSES:

52.252-2 Clauses Incorporated by Reference

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

52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance.

52.204-19 Incorporation by Reference of Representations and Certifications.

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services 52.222-22 Previous Contracts and Compliance Reports 52.223-6 Drug-Free Workplace.

52.232-1 Payments.

52.212-1 Instructions to Offerors-Commercial Products and Commercial Service

52.212-2 Evaluation—Commercial Products and Commercial Services.

(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:

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors . Award shall be made to the lowest priced technically acceptable proposal. (End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

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

(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 http://www.acquisition.gov/ applicable to acquisitions of commercial items:

(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 and Other Covered Entities (NOV 2021) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 items:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655)

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

(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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of

Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

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

(10) [Reserved].

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

(12) 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).

(13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 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 2021) of 52.219-9.

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

(19) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022)

( 15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (OCT 2022) ( 15 U.S.C. 632(a)(2)).

(23) 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)).

(24) 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)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

X (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

(36) 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.)

(37) (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.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

X (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 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.

(50) 52.225-5, Trade Agreements (DEC 2022) ( 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. 2302Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)

(42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021)

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (NOV2

021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

(63) (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).

(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 items:

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

X (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).

X (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).

X (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)(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) 52.203-19, 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

HHSAR Provisions and Clauses:

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 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.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xiii)(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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

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

2022).

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

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

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

(xx) 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. 2302 Note).

(xxi) 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.

(xxii) 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)

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations 352.224-70 Privacy Act.

352.226-1 Indian Preference.

352.226-2 Indian Preference Program.

352.237-70 Pro-Children Act.

352.237-74 Non-Discrimination in Service Delivery.