B08_Full_Combined_Synopsis-Solicitation.pdf

Pursuant to Federal Acquisition Regulation (FAR) 12.603(a), the Contracting Officer is issuing a combined synopsis/solicitation for the acquisition of alfalfa hay at the Palomino Valley National Wild Horse and Burro Center.

(i) This is a combined synopsis/solicitation for the acquisition of commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued.

(ii) Solicitation Number 140L0621B0001 is being issued as an Invitation for Bid (IFB). This solicitation will utilize the policies contained in FAR Part 14, Sealed Bidding in conjunction with the policies and procedures for solicitation evaluation and award prescribed in FAR Part 12, Acquisition of Commercial Items, as appropriate for this acquisition.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2021-05 effective March 10, 2021.

(iv) This solicitation is being issued as a 100% total small business set-aside. The North American Industry Classification System (NAICS) code associated with this solicitation is 111940, titled Hay Farming with a size standard of $1,000,000.00.

(v) See the attached specifications for detailed requirements (Attachment 2). The price schedule to be completed and returned with your bid is provided as a separate document (Attachment 1).

(vi) The commercial item to be acquired through this combined synopsis/solicitation is for alfalfa hay, which is to be delivered to the Palomino Valley National Wild Horse and Burro Center in Reno, Nevada in accordance with the Specifications (Attachment 2).

(vii) Delivery location is detailed in the attached specifications (Attachment 2). The delivery schedule is from July 15, 2021 through April 15, 2022.

(viii) FAR Provision 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition.

Potential offerors shall read and comply with all terms and conditions, see Attachment 5 – Addendum FAR 52.212-1 – Instructions to Offerors – Commercial Items for additional instructions.

(ix) This acquisition is being solicited using FAR Part 14, Sealed Bidding. The basis of award will be Lowest Priced Bid. The award will be made to the small business who is a responsive, responsible bidder whose bid, conforming to this invitation for bid (IFB) that is the most advantageous to the Government, considering the evaluated price. The evaluated price will be the total bid price. To be eligible for award, the bidder must be a small business deemed responsible in accordance with FAR 9.104, provide all documentation/information required in this solicitation; meet all requirements of the solicitation and conform to all required terms and conditions. Failure to comply with the terms and conditions of the solicitation may result in the bidder being ineligible for award.

(x) Offerors shall ensure that their Representations and Certifications are up to date in the System for Award Management (SAM) which can be accessed through https://www.sam.gov.

Offerors shall ensure that this acquisition’s NAICS Code of 111940 is listed in FAR 52.212-3, Offeror Representations and Certifications – Commercial Items.

Even if bidder has an active SAM registration all offerors must 1) print, complete required entries and submit with their bid FAR provision 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment; and FAR Provision 52.209-7 Information Regarding Responsibility Matters; and 2) Ensure FAR provision 52.204-26 Covered Telecommunications Equipment or Services-Representation is incorporated into their SAM Registration and if not, they must print, complete required entries and submit with their bid.

If the bidder does not have an active SAM registration, offeror must print and complete the required entries and submit with their bid FAR Provisions 52.212-3, 52.204-24, 52.204-26 and 52.209-7.

(i) FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items applies to this

140L0621B0001 Page 1 of 47 https://www.sam.gov/ acquisition. See this clause for additional FAR Clauses marked with “X” showing they are applicable to this acquisition (Attachment 3 - Clauses).

(ii) FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition. See Attachment 3 - Clauses, FAR Clause 52.212-5 for additional information.

(iii) Additional FAR clauses that apply to this acquisition are provided in Attachment 3 - Clauses.

All FAR clauses will be incorporated into the successful offerors’ contract award. Additional provisions that apply to this acquisition are provided at Attachment 4 - Provisions. These provisions are incorporated into this solicitation but will not be incorporated into the successful offerors’ contract award.

(iv) The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition.

(v) Bids are due no later than Wednesday, July 7, 2021 10:00 a.m. MT. Bids shall be submitted via electronic mail to BOTH point of contacts listed below.

(vi) Interested parties may submit questions relating to this solicitation via electronic mail to the point of contacts listed in section (xvi) and are due no later than 10:00 a.m. MT, 10 days after combined synopsis/solicitation issuance.

The following individuals are points of contact for this combined synopsis/solicitation:

Theresa Coffenberry Contracting Officer Department of Interior Bureau of Land Management National Operations Center tcoffenberry@blm.gov

Shannon Barnhill Contract Specialist Department of Interior Bureau of Land Management National Operations Center Denver, CO 80225 sbarnhill@blm.gov

The following sections and attachments are hereby incorporated into this combined synopsis/solicitation and are provided as attachments to 140L0621B0001:

Attachment 1 – Price Schedule Attachment 2 – Specifications Attachment 3 – Clauses Attachment 4 – Provisions Attachment 5 – Addendum FAR 52.212-1, Instructions to Offerors - Commercial Items

Attachments 1, 2, and 3 will be incorporated into any resulting contract award.

140L0621B0001 Page 2 of 47 mailto:tcoffenberry@blm.gov mailto:sbarnhill@blm.gov

Attachment 1 – Price Schedule

PERIOD OF PERFORMANCE QTY UNIT UNIT PRICE/ TON -

DELIVERED

TOTAL PRICE -

DELIVERED

Alfalfa Hay in accordance with the attached specifications.

July 15, 2021 through April 15, 2022 (see attached specifications for a more detailed delivery schedule).

4,000 Tons

Total Price shall include all applicable taxes, all incidental expenses, and all direct and indirect costs.

CONTRACTOR WILL ONLY BE ALLOWED TO INVOICE FOR ACTUAL QUANTITES (TONNAGE)

DELIVERED AND ACCEPTED BY THE GOVERNMENT.

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Attachment 2 - Specifications

1.0 GENERAL: The Bureau of Land Management (BLM), National Wild Horse and Burro Center at Palomino Valley Center (PVC) has a requirement for 4000 tons of alfalfa hay, 2021 second cutting or 2021 equivalent. This acquisition will be used to procure quality alfalfa hay for the feeding of wild horses and burros under the care of PVC. Large and or small bales will be required. 3750 tons of large bales maximum are required, and 250 tons of small bales minimum will be required. The hay shall be at least 75% alfalfa with not more than 25% grasses (per bale), used for food for domestic animals, sun cured, cut, and stored for fodder. Hay shall between 12% and 18% crude protein levels. Hay shall also be stored in barn, and/or covered with hay tarps. Any hay stored outside uncovered must be free from any weather-related damage, no damaged top or bottom small/large bales will be accepted.

Estimated Delivery Schedule is as follows (this schedule can be revised upon award):

The first 2000 tons of large will be accomplished between July 15, 2021 and August 31, 2021.

The second delivery of 1000 tons shall be large bales starting between November 1, 2021 and December 17, 2021.

The remaining 1000 tons of small and large bales shall be delivered between March 1,2022 and April 15,2022.

All deliveries shall be coordinated with the purchase order Contracting Officer’s Representative.

2.0 ALFALFA SPECIFICATIONS:

a. Shall:

i. Be from 2021 2nd crop or 2021 equivalent crop.

ii. Be domestically grown.

iii. Be leafy, green, sun cured with no moisture, properly cured and stored and free of dust, mold, or heating. Hay must pass a visual inspection prior to being accepted.

iv. Must be food for domestic animals, cut, cured, and stored for fodder. With a crude protein level between 12% and 18%, and a relative feed value between 130 and 170.

v. Be barn stored or covered with hay tarps. Any hay stored outside uncovered must be free from any weather related damage.

vi. Be free of any Russian Thistle or prickly herb, "Cheat" grass, and any other weed or grass not considered healthy forage for domestic animals.

vii. All hay shall be stacked in such a way that use of a “hay squeeze” is possible for moving squeeze blocks.

b. Shall not:

i. Contain more than 25% grasses (per bale).

ii. Have any bearded grain or any forage plant containing long awns (spikelets).

iii. Shall not contain any blister beetles.

3.0 BALE REQUIREMENTS:

SMALL BALES

a. Shall:

i. Be cut with crimper and baled with 3-strands of wire, or 3-strands of RAT and rot-proof twine.

ii. Weigh no less than 100 pounds and not more than 140 pounds.

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b. Shall not:

i. Exceed 140 pounds per bale.

ii. Be less than 100 pounds per bale.

iii. Be baled in "round bales" (round bales will be rejected).

iv. Be ragged, have varying lengths, have wires or twine of unequal tension, or, be broken.

v. Consist of bales that are on top or bottom of stacks stored outside.

vi. Be rain damaged.

LARGE BALES

a. Shall:

i. Be cut with crimper and baled with 6-8 strands of wire, or 6-8strands of RAT and rot-proof twine.

ii. Weigh no less than 800 pounds and no more than 2000 pounds.

iii. 4’x4’x8’ or 3’x4’x8’ bales are acceptable.

b. Shall not:

i. Be baled in "round bales" (round bales will be rejected).

ii. Be ragged, have varying lengths, have wires or twine of unequal tension, or, be broken.

iii. Consist of bales that are on top or bottom of stacks stored outside.

iv. Be rain/weather damaged.

v. 3’x3’ bales will not be accepted.

4.0 CERTIFIED WEIGHT TICKETS: Tonnage shall be established at the Contractor's facility prior to shipment, and confirmed in writing.

a. Total weight (per ton) shipped by the Contractor will be confirmed by the COR).

b. A State Certified Weight Ticket shall be provided to the COR. COR will use the weight ticket number to identify each shipment of hay. Invoices shall include weight ticket numbers and tonnage for each ticket invoiced.

5.0 PLACE OF DELIVERY: The hay shall be delivered, unloaded, and stacked by the contractor at the following location:

National Wild Horse and Burro Placement Center at Palomino Valley (PVC) 15780 State Route #445 Reno, Nevada 89510 Point of Contact: TBD

TIME OF DELIVERY (this is an estimate and can be revised upon award): The 4000 tons shall be delivered using the following dates: Delivery of the first 2000 tons of large will be accomplished between July 15, 2021 and August 31, 2021. The second delivery of 1000 tons shall be large bales starting between November 1, 2021 and December 17, 2021. The remaining 1000 tons of small and large bales shall be delivered between March 1,2022 and April 15, 2022.

6.0 Contracting Officer’s Representative reserves the right to request specific bale size to be delivered to accommodate feeding needs and hay inventory at the facility should both small and large bales be offered.

Contracting Officer’s Representative reserves the right to request deliveries to be or not to be delivered based on hay inventory at the facility.

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7.0 UNLOADING AT DESTINATION:

a. The Contractor shall be responsible for unloading and stacking the hay bales under the hay shed and in other designated areas at PVC. Unloading plan including description of equipment to be used for unloading shall be included in the bid. The small bales shall be stacked not less than 8 tiers high or more than 13 tiers high, hay must stacked be in squeeze blocks. The big bales shall be stacked to accept hay tarps generally 5 rows wide 5 bales high with a 6th bale on the center row. All hay shall be stacked so that any movement of hay can be performed with a hay squeeze. All bales placed on the ground need to be on edge, to reduce hay loss. Three (3) work days prior to shipping the alfalfa, the Contractor shall furnish to the COR the following:

1. Anticipated shipment date.

2. Anticipated total tonnage to be shipped.

3. The name of the carrier responsible for the shipment.

b. Delivery shall be made between the hours of 7:30 a.m. and 4:00 p.m., local time, Monday through Friday, excluding weekends and national holidays. Drivers must check in with the COR prior to starting to unload so hay can be inspected, and weight tickets can be turned in upon acceptance. All trucks must start unloading within ½ hour of arriving at the facility. All unloading activity must be completed by 4:00pm.

c. If an emergency occurs, deliveries may be requested for a Saturday, Sunday, or national holiday, providing the Contractor notifies the COR on the preceding Friday and/or within the preceding workday of the delivery date.

d. The Contractor shall provide certified weigh tickets to the COR upon hay delivery. The COR will use weigh tickets to verify the tonnage shipped prior to inspection and eventual acceptance of each shipment.

The Contractor will be reimbursed for the actual quantity shipped.

e. All hay shall be transported using standard commercial practices for the shipment of hay, in vehicles compliant with local, State and Federal regulations concerning the transport of hay.

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Attachment 3 - Clauses

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

https://www.acquisition.gov/browse/index/far

The following clauses are incorporated by reference:

52.203-3 Gratuities (Apr 1984)

52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-02)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

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)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

The following clauses are provided in full text:

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

(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 FAR 52.233-1, Disputes, which is

140L0621B0001 Page 7 of 47 https://www.acquisition.gov/browse/index/far 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 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.

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(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;

(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;

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(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 32.608-2 of the Federal Acquisition Regulation 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 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.

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(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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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

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(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.

(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 Executive Orders-Commercial Items (Jan 2021)

(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 items:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) ( 41U.S.C.4704 and 10 U.S.C. 2402).

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__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

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

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved]

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

(DEVIATION 2019-01)

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

__ (15) (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_ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v)Alternate IV (JUN 2020) of 52.219-9

__ (18) (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.

_x_ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

_x_ (22) (i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

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

_x_ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

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

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O.13126).

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

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

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

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

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

__ (32) (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.

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

_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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_ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_x_ (36) 52.222-99, Combating Race and Sex Stereotyping (NOV 2020). (Executive Order 13950).

(DEVIATION 20-09)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (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.)

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

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

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

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (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.

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

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

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

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

__ (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) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

2302Note).

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

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

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

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

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

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