B08_-_140F0S26Q0058_-_Turtles.pdf

Turtle Rehabilitation and Repatriation SOLICITATION NO. 140F0S26Q0050

FWS Division of Management Authority Page 1 of 53

SUPPLIES OR SERVICES AND PRICES

This is a combined synopsis/solicitation for commercial product prepared in accordance with the format in Federal

Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice and award. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request For Quote (RFQ). NAICS is 541940 with a size standard of $10M.

This document is conducted under the procedures of FAR Parts 12 and 13 incorporating provisions and clauses in effect through the current Federal Acquisition Circular (FAC) 2026-01. This requirement is solicited as full an open competition.

This requirement is for one (1) Firm Fixed Price Commercial Services contract for Housing, Care, Testing, Data

Management for Confiscated U.S. Native Turtles to Support Repatriation.

BASE

Item no. Item Description Quantity Unit of Measure Unit Price Total

0001 Housing, Care, Testing, Data Management for

Confiscated U.S. Native

Turtles to Support

Repatriation

Slots (for turtle

Rehabilitation at any given time)

GRAND TOTAL $

Total price not to exceed $499,000.00

Minimum of 500 slots for turtles is expected.

Email:______________________________

CAGE:______________________________

PERIOD OF PERFORMANCE: 1 year from contract award.

FWS Division of Management Authority Page 2 of 53

STATEMENT OF WORK

1. INTRODUCTION AND OVERVIEW

Summary: The United States contains more species of turtles than any other country – accounting for approximately

20% of turtle species richness globally. These species face increasing pressures, particularly from illegal collection and international trade. Demand for U.S. turtles remains high in East Asian markets for use as pets, food, and medicinal ingredients. While federal and state law enforcement agencies are skilled at intercepting trafficked turtles, a critical limiting factor remains: the lack of sufficient capacity to house, evaluate, and safely return confiscated turtles to the wild. This project addresses that need by piloting a structured turtle management system in partnership with U.S. States and Tribes, with the goal of responsibly repatriating turtles to the wild. This effort will enhance the long-term conservation resilience of native turtle populations and help stop the loss of American wildlife to illegal markets abroad.

Overview: Wildlife professionals broadly agree that U.S. native turtle trafficking volumes have escalated to crisis levels over the past decade. Large-scale seizures involving hundreds of turtles are now common. U.S. species most frequently encountered include box turtles, spotted turtles, and mud and musk turtles, along with other high-risk species such as wood turtles, bog turtles, and diamondback terrapins. Not only does trafficking undercut domestic conservation efforts to protect our native wildlife, but it removes important ecological engineers from our landscapes, responsible for seed dispersal and nutrient cycling.

Federal and state law enforcement agencies devote substantial resources to combating illegal turtle trafficking.

However, seizures involving live turtles require immediate access to appropriate housing, animal husbandry, and veterinary care. Insufficient space and resources often force officers to delay seizures, divert operational time to animal placement, or temporarily house turtles in unsuitable office environments. This gap significantly limits optimal enforcement.

Short-term care is challenging, but long-term management has become nearly untenable. The U.S. Fish and

Wildlife Service (Service) Office of Law Enforcement (OLE) created an action plan, aligned with international guidance, to address immediate turtle care by coordinating a Wildlife Confiscation Network of zoos, aquaria, and other conservation focused partners. These institutions, however, are designed to serve only as temporary holding facilities until investigations conclude and generally lack the capacity to house long-lived species like turtles for extended periods.

This limitation directly constrains the Service’s ability to address illegal and biologically unsustainable turtle trade. As a result, there is an urgent need to develop alternative long-term placement options, including evaluating opportunities for repatriating eligible confiscated native turtles to the wild.

This is a Pilot program with funding for future year funding not guaranteed. The expectation is that the vendor uses these funds to expand capacity and capability in a way that will be support the US FWS in the future at a low or no cost.

2. BACKGROUND

International wildlife trafficking generates billions of dollars in criminal profits annually. This illegal activity not only depletes wildlife but deeply affects our own communities. Wildlife trafficking undermines the rule of law, funds transnational criminal organizations, and erodes profits for legal and sustainable trade. Wildlife trafficking of live animals especially presents risks for the spread of infectious diseases and invasive species. Further, losing our native species means weakening the ecosystem services they provide. For turtles, this includes their roles in nutrient cycling, habitat creation, seed dispersal, and regulation of small vertebrate and invertebrate populations. Confronting and reducing wildlife trafficking benefits human communities, including with positive health outcomes for people and animals – consistent with the principles of an integrated approach to wildlife conservation and human.

Turtles are among the U.S. species most targeted for illegal international trade. The U.S. has long demonstrated global leadership in turtle conservation, including strong adherence to legal international trade. As a Party to CITES

(the Convention on International Trade in Endangered Species of Wild Fauna and Flora), the U.S. strives to ensure https://cites.org/sites/default/files/documents/COP/20/resolution/E-Res-17-08-R20.pdf https://cites.org/sites/default/files/documents/COP/20/resolution/E-Res-17-08-R20.pdf

FWS Division of Management Authority Page 3 of 53 international wildlife trade is not detrimental to species in the wild, including turtles. In terms of international protections, 47 of the 61 turtle species native to the U.S. are included in the CITES Appendices. In terms of domestic protections, 14 native turtle species are listed under the Endangered Species Act, and many receive further protections under state law.

Due to their decades-long life span, turtles present law enforcement with a uniquely complex and resource-intensive challenge. Large-scale turtle seizures require both immediate action to rapidly secure appropriate housing and veterinary care, and long-term management capacity. The current network of institutions that support confiscated wildlife lacks the resources to provide both sustained care for seized turtles and temporary holding space for new confiscations while investigations proceed and forfeiture determinations are made. Under U.S. regulations (50 CFR

Part 12 on seizure and forfeiture procedures), the preferred disposition of confiscated live wildlife—when safe and appropriate—is release into suitable habitat within the species’ historical U.S. range. Release requires landowner and State approval and may not occur if disease or public‑health risks exist. Adequate quarantine and comprehensive genetic and pathogen testing are essential to support informed decision‑making on disposition of these confiscated specimens.

The Service International Affairs seeks a contractor to provide housing, husbandry, veterinary services, genetic and infectious disease testing, and data management for approx. 500 confiscated native turtles and tortoises, with the goal of carefully assessing animals for return to the wild when it is safe and appropriate. The contractor must maintain adequate facilities and possess expertise in animal care, reptile veterinary medicine, sample collection, genetic and pathogen analysis, project management, and data administration.

3. WORK TO BE PERFORMED BY CONTRACTOR

3.1 WORK RESPONSIBILITIES

The contractor will work closely with the Service’s International Affairs Program and partners—including OLE and State and Tribal wildlife agencies—to implement established best practices for triage, testing, genetic and pathogen analysis, and disposition decision-making. Where gaps in best practices exist, the contractor will collaborate with program partners to develop and provide recommendations to the Service. The Service retains full approval authority over all management practices for turtles held pursuant to this contract. Additional partners may include the Collaborative to Combat the Illegal Trade in Turtles (CCITT), the Southern California Wildlife

Confiscation Network (SCWCN), and other zoological institutions. The contractor is expected to maintain regular communication with partners and incorporate their technical expertise as directed by the Service.

The project includes turtles originating from federal, State, or Tribal enforcement actions. The contractor shall manage turtles according to their legal status (e.g., seized evidence, abandoned, or forfeited) and comply with all

Service-issued guidance.

The contractor will collect required data at each critical stage, ensure entry into approved data systems, and provide complete datasets to the Service and designated partners. The contractor must maintain rigorous data quality controls and manage data in accordance with Service-issued guidance.

The Service, in coordination and consultation with the respective State or Tribal wildlife agency, will be responsible for releasing suitable candidates into appropriate habitat within the species’ historical U.S. range when it is safe and appropriate to do so. The Service will require logistical support from the contractor to facilitate repatriations of suitable candidates or long-term placement of turtles that must remain in captivity. All turtles that remain in the contractors' care at the end of the period of performance shall be returned to the Service or the respective state or

Tribal wildlife agency.

Specific Tasks and Objectives:

FWS Division of Management Authority Page 4 of 53

Contractor Qualifying Criteria:

Contractor shall:

• Have and maintain appropriate federal, state or tribal licenses and permits required to house and care for live animals, including any species-specific requirements.

• Be trustworthy and demonstrate ability to maintain confidentiality regarding sensitive case related information.

• Demonstrate ability to sufficiently maintain all relevant records pertaining to acquisition, possession, transfer, transportation, health and welfare, breeding, trade, and disposal.

• Utilize safe and appropriate handling techniques and equipment for live turtles (e.g., using personal protective equipment; minimizing stress and environmental exposures).

• Be compliant with all relevant partner government agency requirements (e.g., USDA, CDC, NOAA, State agencies).

• Have a veterinarian on staff (or immediate/prompt access to a veterinarian) specialized in triage, diagnosing, and treatment of live animals, including species-specific expertise.

• Have health and welfare standard operating procedures and guidance documents available to all staff involved in the care of the turtles.

• Document handling and care training or certification for staff.

• Have emergency response procedures and facility contingency plans in place.

• Provide a central point of contact who is reliably available to the U.S. Fish and Wildlife Service and designated partners, including outside normal business hours.

Contractor shall not have:

• A conviction, or entry of a plea of guilty or nolo contendere, for a felony violation involving wildlife, including but not limited to the Lacey Act, the Migratory Bird Treaty Act, the Bald and

Golden Eagle Protection Act or the Animal Welfare Act.

• Misdemeanor charges (including Violation Notices) for conservation, wildlife, or animal welfare law violations in the last five (5) years.

• Civil penalties assessed for violations of the Endangered Species Act, the lacey Act, the Migratory

Bird Treaty Act, the Bald and Golden Eagle Protection Act or the Animal Welfare Act.in the last five (5) years.

Facility Requirements

The contractor must operate a year-round facilities (combined capacity) equipped to house a minimum of 500 confiscated native turtles and tortoises. The facility must meet or exceed Association of Zoos and Aquariums (AZA) care standards. The facility should include:

• Climate control with backup systems.

• Secure, species-specific enclosures with proper space, retreat areas, enrichment, sanitation, veterinary care, and suitable habitat conditions (lighting, humidity, ventilation, temperature).

• Independent quarantine sections for new arrivals or animals with pathogens.

• Equipment and controls for safe brumation management.

• Turtle care area closed to the public, due to the turtles being active evidence.

• The facility should include integrated security system (video surveillance, perimeter alarms, emergency communications) and monitoring.

Intake and Species Management

FWS Division of Management Authority Page 5 of 53

The contractor shall accept turtles under the direction of the Service’s International Affairs and OLE. The facility must be equipped to accommodate a range of terrestrial and aquatic turtle species. Priority species will include:

Terrapene spp., Clemmys guttata, Glyptemys insculpta, Malaclemys terrapin, Glyptemys muhlenbergii, Kinosternon spp., Sternotherus spp, and other species. Species of low conservation concern that are commonly encountered in the domestic pet trade (e.g., Trachemys scripta, Graptemys pseudogeographica) are unlikely to be included in this project.

Veterinary Care and Husbandry

The contractor shall provide daily husbandry from trained animal care staff and routine veterinary evaluation by licensed veterinarians. Care requirements should be consistent with guidelines in the AZA Taxonomic Advisory

Group (TAG) Animal Care Manual (ACM) and include:

• Species‑appropriate diets and supplementation.

• Regular health monitoring and disease screening.

• Treatment of ill animals for reasonably treatable conditions using current best veterinary practices.

• Humane euthanasia, when necessary, in consultation with the Service.

Identification and Marking

The contractor shall implant sterile passive integrated transponder (PIT) tags in all turtles of suitable size and health, following established professional protocols.

Genetic and Pathogen Testing

In coordination with the Service, the contractor shall establish an adaptable pathogen screening protocol, including a plan for pathogen testing using appropriate detection methods. The contractor is responsible for conducting or subcontracting comprehensive pathogen and genetic testing and delivering timely, accurate results to the Service.

Subcontractor costs shall be borne by the contractor. Repeated testing may be required for certain pathogens.

Data Management

The contractor shall collect, maintain, and promptly report data to partners identified by the Service. Data must be managed in accordance with Service data‑quality standards and stored securely. All data produced under this contract is the sole property of the U.S. government and cannot be used by the contractor or others without the expressed, written consent of the Service.

DATA OWNERSHIP, ACCESS, USE, AND DISPOSITION

1. Government Ownership of All Data

All data, records, information, photographs, test results, analyses, metadata, facility documentation, specimen information, genetic and pathogen testing results, and any other materials produced, collected, generated, derived, or otherwise obtained under this Contract (“Project Data”) are and will remain the exclusive property of the Service). The Contractor obtains no ownership, license, interest, or rights of any kind in the Project Data.

2. Restrictions on Contractor Use

The Contractor shall use Project Data solely for the purpose of fulfilling the requirements of this Contract and for no other purpose. The Contractor is expressly prohibited without written Service authorization from:

• using Project Data for independent research, commercial activity, publication, or external communication,

• sharing Project Data with any party other than FWS designated partners,

• aggregating, analyzing, or deriving new data for any non-FWS purpose, or https://northeastparc.org/docs/NEPARC-Turtle-PIT-Tagging.pdf

FWS Division of Management Authority Page 6 of 53

• entering Project Data into any nonapproved system or database. This restriction applies to all raw and derived data, including genetic, pathogen, health status, and facility development information.

3. Data Handling and Access Controls

The Contractor shall maintain strict controls to ensure that Project Data is accessible only to personnel authorized in writing by Service International Affairs. The Contractor must implement secure storage, transmission, and backup procedures consistent with applicable federal data security requirements.

4. Prohibition on Secondary Use or Disclosure

The Contractor shall not disclose, disseminate, publish, distribute, transfer, or sell any Project Data. The

Contractor shall not permit subcontractors or partners to access Project Data unless expressly authorized in writing by USFWS, and any authorized subcontractor must be bound by data handling requirements at least as stringent as those in this Contract.

5. Government Rights in Derivative Information

Any derivative materials—such as data summaries, dashboards, analyses, or draft reports created by the

Contractor—are considered Project Data and are owned exclusively by USFWS. The Contractor may not retain, reuse, or replicate derivative materials.

6. Data Location and Residency

The Contractor shall store Project Data only on secure servers located within the U.S. No Project Data may be transferred, transmitted, processed, or mirrored outside U.S. jurisdiction without written approval.

7. Breach Notification

Any suspected or confirmed data loss, breach, unauthorized disclosure, or unauthorized access must be reported to USFWS within 12 hours of discovery, followed by a written incident report within 48 hours.

8. Survival of Data Obligations

All data ownership, security, and use restrictions survive termination or expiration of the Contract.

Reporting and Engagement

The contractor will also be expected to develop and deliver quarterly virtual and/or in-person update presentations on the project to Service International Affairs and other designated partners. The contractor will be expected to travel to a minimum of one meeting to share updates on the development and management of the dedicated facility and the turtles held therein. The contractor must demonstrate appropriate animal care expertise of all contracting and subcontracting staff active throughout the award period.

Evidence Handling

The contractor shall handle all turtles as evidence in an active investigation, unless otherwise instructed by Service

Office of Law Enforcement (OLE) or by originating State or Tribal law enforcement agency.

• Turtles shall be accompanied by a Chain of Custody form.

• Turtles shall be marked, tagged, or individually identifiable and associated with accurate seizure tag numbers.

• Breeding confiscated turtles is not allowed. Reasonable measures should be taken to avoid reproduction.

Any incidental offspring resulting under this project must also be maintained and handled as evidence and are the sole property of the U.S. government.

• The Contractor shall not place turtles that are under this project on public display without written permission from the Service.

FWS Division of Management Authority Page 7 of 53

• Mortalities: deceased turtles shall be bagged as evidence, marked with the case number, seizure tag number, date of death, notes that may be relevant for the case, and frozen. Contractor shall contact the OLE case officer for further instruction.

• The Contractor shall not discuss any case information or turtles that are evidence with anyone, except the staff who are actively involved in their care without the written permission of the OLE.

• The Contractor shall not post or publish any information about the turtles or case on social media or any form of press release, unless approved by the Service OLE

• The Contractor shall not dispose of, transfer, or otherwise remove from their custody any turtles that are evidence, unless authorized by Service OLE.

At the conclusion of the period of performance, all turtles remaining in captivity under this project shall be returned to the Service or to the respective seizing State or Tribal wildlife agency, as directed by the Service. The Service reserves the right, at any time during the period of performance, to direct turtles held under this project to be transferred to another entity or returned to the Office of Law Enforcement (OLE). The contractor shall comply with all such directives promptly and in accordance with applicable Service procedures.

4. GOVERNMENT-FURNISHED MATERIALS/SERVICES

None.

5. SUMMARY OF MILESTONE DUE DATES

The target date for contract commencement is 10/5/26, with an ability to begin accepting turtles beginning approximately October 5, 2026. Regular contact with USFWS International Affairs will be required, especially at the beginning of the contract. A comprehensive report on the outcomes of the project will be due two weeks after the end of contract date.

6. DELIVERABLES

Before accepting turtles, the Contractor is required to provide a holding facility report that demonstrates compliance with all facility, veterinary care, and husbandry requirements as specified in the contract. At the conclusion of the contract, the contractor shall provide a comprehensive project report. The project report will detail the numbers and species of turtles held, and for each individual turtle, detail their origins, the status of genetic and pathogen testing, brief health status, and any other relevant information. The report will also document generally the status of the development of the dedicated facility with photos and descriptions of key systems and equipment, proposed protocols and benchmarks for quarantine release and reintroduction, and any additional reporting requested by the Service.

7. PROJECT COMPLETION/DELIVERY SCHEDULE

The deliverables for this contract will be performed on an ongoing basis with all deliverables completed by the end of the contract. USFWS reserves full ownership rights to the deliverables.

8. TRAVEL EXPENSES

The contractor shall travel as required to support program tasks. All travel arrangements and payments are to be made by the contractor. The contractor shall make every effort to keep travel costs to a minimum. The contractor must comply with regulations under the Fly America Act. Travel arrangements must be approved in advance by the

Technical Liaison.

Initial transfer of turtles to the contractor facility and the last transfer of the turtles out of the facility will be covered by the government. Intra-facility transfer costs by the contractor will be the responsibility of the contractor.

9. PERIOD OF PERFORMANCE

The contract will be active from 10/5/26, through 10/4/27.

FWS Division of Management Authority Page 8 of 53

10. LOCATION OF WORK

Work will be conducted in the United States with some travel to meetings, dialogues, and workshops as needed and appropriate.

DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

1 year from contract award.

The following clause is incorporated by reference:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DECEMBER 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the

Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

https://www.cpars.gov/

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d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the

Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for

Government use supporting source selection actions after it has been finalized.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(FEB 2021)

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:

1. Invoice billed according to contract line items and rates.

2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

3. If final payment is billed, the last invoice shall state “FINAL”.

4. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

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(End of Local Clause)

CONTRACT CLAUSES

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-

3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

The following clauses are incorporated by reference:

Clause Title Date

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

MAR 2023

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

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Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on

National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices

(including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other

Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order

13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 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:

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4

FWS Division of Management Authority Page 13 of 53

[Contracting Officer check as appropriate.]

X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (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).

_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]

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

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

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

L. 117-328).

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

_X_ (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, 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]

_X_ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6

FWS Division of Management Authority Page 14 of 53

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

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

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

_X_ (20) 52.219-8, Utilization of Small Business Concerns (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).

_X_ (26)(i) 52.219-28, Post award Small Business Program Re-representation (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)).

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

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

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

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

__ (i) 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 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim

FWS Division of Management Authority Page 15 of 53

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

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

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

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

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

13496).

_X_ (39)(i) 52.222-50, Combating Trafficking in Persons (Oct 2025) (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).

__ (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)).

__ (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.).

_X_ (46) 52.223-23, Sustainable Products and Services (May 2024) ( 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C.

8259b, and 42 U.S.C. 7671l).

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

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

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

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

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19

U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public

Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-20#FAR_52_223_20…