Attachment A – 140G0126Q0141 - RFQ

INSTRUCTION TO VENDORS

A discounted firm-fixed-priced quotation and technical quotation package for a Five Year (5) ID/IQ Graphic Designer Services, (per requirements below) shall be submitted by 1:00 PM Eastern, Wednesday, June 10th, 2026, via email to the Contract Specialist, Patrick Anderson, at patrick_anderson@ios.doi.gov. Faxed or mailed quotations will not be accepted. Vendor shall supply the USGS with a thorough quotation package demonstrating how they meet all requirements within the evaluation criteria. Quotation package shall be thorough enough to allow the USGS to perform a proper evaluation.

The following additional information must be supplied along with your quotation. Failure to submit this information may deem your quotation non-responsive and your quotation may not be considered.

1) Vendor must submit a quotation package which will be reviewed by the Contract Specialist and USGS Technical Liaison. The quotation package must reflect all of the requirements as indicated in the Request For Quote (RFQ).

2) Business Size Classification.

3) SAM UEI Number.

4) Signed SF-18 and all Amendments

This is RFQ is set aside for Small Business concerns. Only quotes from Small Business concerns will be accepted.

The award resulting from this Request for Quote (RFQ) will be based on lowest price technically acceptable (LPTA).

All questions regarding this RFQ shall be sent to the Contract Specialist via email no later than 1:00 PM Eastern, Thursday June 4th, 2026. Vendors are urged to select one (1) representative from their firm to present all questions.

Phone calls and late questions will not be accepted.

(End of Instructions) mailto:patrick_anderson@ios.doi.gov.%20

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 IDIQ Contracts Ceiling and Limitations

The Government has set a ceiling of $200,000 for the resulting single-award Indefinite-Delivery Indefinite-Quantity (IDIQ) contract. The sum of all orders placed under the resulting single-award IDIQ contract shall not exceed $200,000.

The overall minimum guarantee for the life (5 years) of this IDIQ contract is: $2,500 total (This minimum is guaranteed) The overall combined maximum for all orders issued under the resulting IDIQ contracts is: $200,000 The minimum amount for an order against an IDIQ contract is: $250 The maximum amount for an order against an IDIQ contract is: $15,000

B.2 Prices

IDIQ Labor Categories, IDIQ Labor Rates, and Firm-fixed Pricing for the Task Orders

Labor Category/ Title

Fixed Burdened Hourly Rate:

Months 1 through 12

Fixed Burdened Hourly Rate:

Months 13 through 24

Fixed Burdened Hourly Rate:

Months 25 through 36

Fixed Burdened Hourly Rate:

Months 37 through 48

Fixed Burdened Hourly Rate:

Months 49 through 60

Instructions: Offerors shall propose labor categories, and firm-fixed loaded/burdened labor rates and a cost breakdown of the proposed loaded/burdened rates, for all Fair Labor Standards Act (FLSA) and DOL wage determination exempt personnel (i.e. Program Management, Project Manager, etc.) for the base 12 months and all subsequent months in 12 month increments per the chart above. Failure to provide a cost breakdown of the proposed fixed burdened rates could resulting in the offeror being determined as non-conforming to solicitation instructions and could result in the offeror being automatically eliminated from the competition, further evaluation or consideration for award.

The definition of exempt employees/personnel are those labor categories determined under the FLSA and that do not fall under or within the Department of Labor (DOL) wage determination. It is the responsibility of the offeror to propose and appoint the appropriate number of exempt personnel in order to successfully carry out all functions and work under a resulting IDIQ contract, the master Performance Work Statement and any issued Task Orders. The DOL labor categories and rates for all exempt employees are NOT subject to annual review and adjustments and the offeror shall include any annual inflation within their proposed fixed rates for these labor categories throughout the 5-year period of performance.

Note: The approved loaded fixed rates incorporated into any resulting IDIQ contract will be used for Task Orders issued.

The loaded fixed rates used for Task Orders will be the ones proposed for that 12-month window at the time the Task Order is issued. For examples, if an offeror proposes a loaded fixed rate of $45 for their Project Manager for months 13 through 24, this is the rate that will be used for this labor category for any Task Orders issued during months 13 through 24. The rates applicable at the time the Task Order is issued will be the rates used throughout the life of that Task Order, unless option periods are included within the Task Order in which those Task Order option periods should reflect the appropriate labor category rates for that 12-month period.

Burdened Labor Rates and Categories for all DOL wage determination non-exempt Key Personnel and staff which could potentially perform work under the Master IDIQ Performance-based Work Statement (PWS) and/or Task Orders:

Labor Category/Title Burdened Hourly Rate:

Months 1 through 12

Instructions: Offerors are to propose labor categories, fixed loaded/burdened labor rates, and a cost breakdown of the proposed loaded/burdened labor rates for all labor categories for services that could be performed under the Master IDIQ Performance Work Statement and/or Task Orders by any non-exempt personnel. Loaded/burdened labor categories and rates shall be proposed in accordance with the incorporated Department of Labor wage determination.

The FLSA and DOL labor categories and rates for all non-exempt employees are subject to annual review and adjustments.

Rates for non-exempt personnel will only be adjusted in accordance with any DOL wage determination rate and health and welfare benefit adjustments on an annual basis. The anniversary date for adjustment will be based on the actual date of contract award. For example, if the IDIQ contract is awarded on August 1, 2017, the labor rates for all non- exempt employees will not be revisited or adjusted until August 1, 2018. At that time, the Government will incorporate a new DOL wage determination and request adjusted rates for the non-exempt labor categories from the awarded IDIQ contract holder and incorporate these new rates through a formal contract modification.

Firm-fixed prices for Task Order 1

Description Total (Firm-fixed price) Task Order One (1) – SHIRA Illustration:

Period of Performance: July 1, 2026 – June 30, 2031

NOTE: Offerors shall provide a cost breakdown of the Task Orders firm-fixed prices in their pricing quotation (Volume II).

Failure to provide a cost breakdown of the proposed firm-fixed prices could result in the offeror being determined as non-conforming to solicitation instructions and could result in the offeror being automatically eliminated from the competition, further evaluation or consideration for award.

Offerors shall include any Managerial/Supervisory costs within the firm-fixed pricing quoted for the Task Orders if deemed necessary as the firm-fixed price received for all Task Orders will need to include the pricing for the performance of the services as well as all administrative costs associated with performing the requirements of the Task Orders.

(END OF SECTION B)

SECTION C -- Descriptions and Specifications – STATEMENT OF WORK

I. GENERAL INFORMATION

A. Introduction

A graphic designer with expertise in illustration for web-products is needed to create a cohesive look and feel for risk-related information products related to Hazard Ready Nation, the Office of Risk and Resilience (ORR), and the Strategic Hazard Identification and Risk Assessment (SHIRA) project by creating illustrations to inform decision making for public safety.

B. Background

As USGS advances the Hazard Ready Nation approach, it seeks to maintain a cohesive visual identity for its information products. Effective risk communication ensures that the public and decision-makers can understand and respond to hazards. Clear, visually compelling graphics are essential for translating complex science into actionable information that supports public safety, mitigation, preparedness, and response.

Custom illustrations allow USGS to convey complex—and sometimes cascading—hazards in ways that are accessible to emergency managers, city planners, and other non-technical audiences. Consistent graphic design also strengthens recognition, professionalism, and trust in USGS products across infographics, briefing materials, and online resources.

To achieve this, USGS proposes continued use of a dedicated graphic artist to ensure cohesion across Risk, Hazard Ready Nation, and SHIRA products. This investment will maintain the level of professional design already supporting SHIRA and ORR and will help keep hazard information clear, engaging, and effective as it provides information that informs decisions made to protect the nation’s residents, infrastructure, lands, and vital resources.

C. Scope

The Office of Risk and Resilience (ORR), and the DOI Strategic Hazard Identification and Risk Assessment project requires the timely development of web-based illustrations, infographics, and printable illustrated materials over the next five years (2026-2031).

II. WORK REQUIREMENTS

A. Technical Requirements: These illustrations and other graphics should:

a. Be compliant with Section 508, which requires Federal agencies to make electronic and information technologies accessible to people with disabilities.

b. Be subjected to a color-contrast test.

c. Accurately represent the thoughts the ORR and SHIRA teams seek to convey (for example, the web button that leads to a description of hazard exposure should have an illustration that represents a hazard impacting something of societal value).

d. Accommodate and existing SharePoint labels (for example, words on web-buttons—see Attachment A) or other restrictions of software used by ORR and SHIRA teams including: ArcGIS Online; Tableau, and others.

e. Have a cohesive colors and illustration styles aligns with the ORR and SHIRA teams’ targeted aesthetic (see Attachment B).

2. Criteria for acceptance of Product or Service:

• ORR or SHIRA team (including usability expert) will approve images.

• Images must be completed in a timely fashion (for example, SharePoint web-button illustrations should be completed within one month of request).

B. Deliverables.

1. Illustrations as needed over period of performance. Delivered by date delineated by BPA call. Illustrations will be delivered in a high-resolution (over 300BPI) format that can be uploaded into SharePoint (JPEG, TIFF, PNG).

III. SUPPORTING INFORMATION

A. Place of Performance: The place of performance for the contract is expected to be at the contractors work site.

All work is expected to be virtual. The contractor must provide adequate staffing and technological means to perform virtual work.

B. Period of Performance: July 1, 2026- June 30, 2031

C. Government Furnished Property (GFP): The government will furnish access to images of the SharePoint site, key words to describe what each image should be depicting, project information, and access to subject matter experts and other relevant personnel required for execution of the task.

D. Special Considerations.

1. Key personnel qualifications: Skill in illustration and graphic design for web-based applications

2. Data Rights, Safety, Environment: All illustrations will become the property of the USGS.

3. Security/Privacy issues: N/A

Examples of SharePoint Sites that require illustrations:

Please find below a series of screenshots of the pages that we would like you to illustrate. These pages include:

1. Home Page – 5 images

2. About Page –5 images

3. Tools Page—7 images

4. General graphic—1 (We would also like a graphic that we can use for tools or pages that are being updated or under construction) Total: 18 illustrations Color: As the graphic designer, we will leave color selection up to you, but we do like illustrations with a single color (see examples in attached doc). We all like colors in the blue family, but we are willing to be convinced otherwise.

Fonts/Words: Illustrations need to accommodate the SharePoint labels as you see them in the screenshots.

Compliance: We need to make sure that the images are 508-compliant and have been run through a color contrast test.

Images must be high resolution (300dpi +) and compatible with web-based interfaces. All work must be original or derived from open sources.

Look and Feel: We are looking for illustrations that are straightforward, compelling, and help guide the user to quickly make decisions. The vibe we are looking for is clean, crisp, calming, simple, inspiring. It would be nice if at least some of these illustrations took into account some of the unique and exciting work the Department of Interior does with natural and cultural resources. All illustrations should have a cohesive color pallet, look, and feel.

Attached are the screenshots of the pages we'd like you to illustrate. Below that, I’ve shared some visual concepts that we like as well. If helpful, our team can create a list of keywords for each image to help guide your design.

ATTACHMENT B: Style of illustrations desired by SHIRA Team:

C.2 GS0330 SECTION 508 APPLICABLE STANDARDS JULY 2018

Web Based Illustrations E205 Electronic Content E205.1 General. Electronic content shall comply with E205.

E205.2 Public Facing. Electronic content that is public facing shall conform to the accessibility requirements specified in E205.4.

E205.3 Agency Official Communication. Electronic content that is not public facing shall conform to the accessibility requirements specified in E205.4 when such content constitutes official business and is communicated by an agency through one or more of the following:

● A. An emergency notification;

● B. An initial or final decision adjudicating an administrative claim or proceeding;

● C. An internal or external program or policy announcement;

● D. A notice of benefits, program eligibility, employment opportunity, or personnel action;

● E. A formal acknowledgement of receipt;

● F. A survey questionnaire;

● G. A template or form;

● H. Educational or training materials; or

● I. Intranet content designed as a Web page.

E205.4 Accessibility Standard (WCAG 2.0). Electronic content shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0 (Incorporated by reference, see 702.10.1).

E206 Hardware E206.1 General. Where components of ICT are hardware and transmit information or have a user interface, such components shall conform to the requirements in Chapter 4.

E301 General E301.1 Scope. The requirements of Chapter 3 shall apply to ICT where required by 508 Chapter 2 (Scoping Requirements), 255 Chapter 2 (Scoping Requirements), and where otherwise referenced in any other chapter of the Revised 508 Standards or Revised 255 Guidelines.

E302 Functional Performance Criteria

302.1 Without Vision. Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that does not require user vision.

302.2 With Limited Vision. Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited vision.

302.3 Without Perception of Color. Where a visual mode of operation is provided, ICT shall provide at least one visual mode of operation that does not require user perception of color.

302.4 Without Hearing. Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that does not require user hearing.

302.5 With Limited Hearing. Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited hearing.

302.6 Without Speech. Where speech is used for input, control, or operation, ICT shall provide at least one mode of operation that does not require user speech.

302.7 With Limited Manipulation. Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that does not require fine motor control or simultaneous manual operations.

302.8 With Limited Reach and Strength. Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that is operable with limited reach and limited strength.

302.9 With Limited Language, Cognitive, and Learning Abilities. ICT shall provide features making its use by individuals with limited cognitive, language, and learning abilities simpler and easier.

503 Applications

503.1 General. Applications shall conform to 503.

Instructions to Offerors

1 Provide an Accessibility Conformance Report (ACR) for each commercially available Information and Communication

Technology (ICT) item offered through this contract. Create the ACR using the Voluntary Product Accessibility Template Version 2.1 or later, located at https://www.itic.org/policy/accessibility/vpat. Complete each ACR in accordance with the instructions provided in the VPAT template. Each ACR must address the applicable Section 508 requirements referenced in the Work Statement. Each ACR shall state exactly how the ICT meets the applicable standards in the remarks/explanations column, or through additional narrative. All "Not Applicable" (N/A) responses must be explained in the remarks/explanations column or through additional narrative. Address each standard individually and with specificity, and clarify whether conformance is achieved throughout the entire ICT Item (for example - user functionality, administrator functionality, and reporting), or only in limited areas of the ICT Item. Provide a description of the evaluation methods used to support Section 508 conformance claims. The agency reserves the right, prior to making an award decision, to perform testing on some or all of the Offeror’s proposed ICT items to validate Section 508 conformance claims made in the ACR.

2 Describe your approach to incorporating universal design principles to ensure ICT products or services are designed to support disabled users.

3 Describe plans for features that do not fully conform to the Section 508 Standards.

4 Describe "typical" user scenarios and tasks, including individuals with disabilities, to ensure fair and accurate accessibility testing of the ICT product or service being offered.

Acceptance Criteria 1 Prior to acceptance, the government reserves the right to perform testing on required ICT items to validate the offeror’s Section 508 conformance claims. If the government determines that Section 508 conformance claims provided by the offeror represent an inaccurate level of conformance than what is actually delivered to the agency, the government shall, at its option, require the offeror to remediate the delivered item to align with the required Section 508 conformance claims prior to acceptance.

(End of Clause)

GS1431 CONTRACT MAXIMUM JULY 2001

The total amount of all orders placed under this contract shall not exceed $200,000.

H.17 GS1440 WAGE DETERMINATION APPLICABLE JULY 2001

In the performance of this contract, the contractor shall comply with the requirements of U.S. Department of Labor Wage Determination Number 2015-4281 Revision No: 36 dated 04/26/2026. The wage determination is incorporated into this contract as Attachment D.

(End of Clause)

H.

Internet Protocol Version 6 (June 2012)

(a) Any system hardware, software, firmware and/or networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (1Pv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and correspo nding declarntions of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with lPv4 systems and provide at least the same level of performance and reliabilitycapabilities of 1Pv4 products.

(b) Specifically, any new IP product or system developed, acquired, or produced must:

(1) Interoperate with both 1Pv6 and 1Pv4 systems and products, and

(2) Have available contractor/vendor 1Pv6 technical support for development and implementation and fielded product management.

(c) As IPv6 evo]ves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government. The Contractor shall retrofit all non-1Pv6 capable equipment, as defined above, that is fielded under this contract with 1Pv6 capable equipment, at no additional cost to the Government.

(d) The contractor shall provide technical support for both 1Pv4 and IPv6.

(e) Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

(t) Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services-Representation (October 2020)

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

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

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

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

(End of provision)

52.212-4 Contract Terms and Conditions Nov 2023

Commercial Products and Commercial Services

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31

U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2 give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks;

49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Feb 2024 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 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 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

3805 note)).

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

[Contracting Officer check as appropriate.]

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

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

(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).

X (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).

(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] X (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 (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)).

(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).

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

(ii) Alternate I (Feb 1999) of 52.222-26.

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

(ii) Alternate I (Jul 2014) of 52.222-35.

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

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

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

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

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

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

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

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

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

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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

(ii) Alternate I (Oct 2015) of 52.223-13.

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

(ii) Alternate I (Jun2014) of 52.223-14.

(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

(47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

(49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(50) 52.223-21, Foams (Jun2016) (E.O. 13693)..

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

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

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

_____________(ii) Alternate I (Oct 2022) of 52.225-1

(53) (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.

(54) 52.225-5, Trade Agreements (Nov 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (55) 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).

(56) 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).

(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

(59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(60) 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).

(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C.

4505, 10 U.S.C. 3805).

X (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C.

3332).

(63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

(64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

(65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

X (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

(67) (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.]

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.