B08_FULL_Combined_Synopsis-Solicitation.pdf

Pursuant to Federal Acquisition Regulation (FAR) 12.603(a) and 13.106, the Contracting Officer is issuing a combined synopsis/solicitation for the acquisition of fly squeeze chutes.

(i) This is a combined synopsis/solicitation for the acquisition of commercial items prepared in accordance with the format in FAR Subpart 12.6 and 13.1, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) Solicitation Number 140L0621Q0068 is being issued as a Request for Quote (RFQ). This solicitation will utilize the policies contained in FAR Part 12 in conjunction with the policies and procedures for solicitation evaluation and award prescribed in FAR Part 13, Simplified Acquisition Procedures, as appropriate for this acquisition.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 effective July 12, 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 333111, titled Farm Machinery and Equipment Manufacturing with a size standard of 1,250 employees.

(v) See the attached specifications for detailed requirements (Attachment 2), to include Appendix 1 – Drawings and Appendix 2 – Photos. The price schedule to be completed and returned with your quote is provided as a separate document (Attachment 1).

(vi) The supply to be acquired through this combined synopsis/solicitation are for fly squeeze chutes in accordance with the specifications (Attachment 2), Appendix 1 – Drawings and Appendix 2 – Photos.

(vii) Delivery location is detailed in the attached specifications (Attachment 2). The fly squeeze chutes will have a delivery date of 6 months after award for the base quantities and 16 months after final delivery of the base quantities for the option quantities.

(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) FAR 52.212-2, Evaluation – Commercial Items, applies to this acquisition, see Attachment 4 for detailed evaluation criteria. The basis of award will be a lowest price technically acceptable source selection based upon an integrated assessment of Factor 1: Price, Factor 2: Technical Capabilities. The Government anticipates making one (1) contract award to the acceptable, responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government.

(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 333111 is listed in FAR 52.212-3, Offeror Representations and Certifications – Commercial Items.

Even if offeror has an active SAM registration all offerors must 1) print, complete required entries and submit with their quote FAR provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment; 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 quote.

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

(i) FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items applies to this acquisition. See this clause for additional FAR Clauses marked with “X” showing they are applicable

140L0621Q0068 Page 1 of 68 https://www.sam.gov/ 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) Quotes are due no later than Monday, September 13, 2021 10:00 a.m. MT. Quotes shall be submitted via electronic mail to BOTH point of contacts listed below.

(vi) EACH INTERESTED PARTY SHOULD REVIEW THE SOLICITATION, SPECIFICATIONS, APPENDICES AND REQUIRED REVISISIONS AND SUBMIT

ANY RELATED QUESTIONS ELECTRONICALLY TO THE POINTS OF CONTACTS

LISTED BELOW AND ARE DUE NO LATER THAN AUGUST 23, 2021, AT 10:00 a.m.

MT.

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 140L0621Q00068:

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

140L0621Q0068 Page 2 of 68 mailto:tcoffenberry@blm.gov mailto:sbarnhill@blm.gov

Attachment 1 – Pricing Schedule

Item Number Description Qty Unit Price Total Price

BASE QUANTITIES*

00010 Fly Squeeze Chute - Spanish Fork, UT 84660 1 Fly Squeeze Chute - Lehi, UT 84043 1 Fly Squeeze Chute - Reno, NV. 89510 1

SUB-TOTAL FOR BASE QUANTITIES

OPTION QUANTITIES**

00020 Fly Squeeze Chute - Palomino Valley WHB Center, Reno NV 3

SUB-TOTAL FOR OPTION QUANTITIES

TOTAL QUOTE VALUE

TOTAL PURCHASE ORDER VALUE:_____________________________________

*Base quantities will be a required deliverable on the purchase order award. These items will be delivered in accordance with the terms and conditions of any resulting purchase order.

**The Government may require delivery of option quantities; the Contracting Officer may exercise option quantities anytime after date of award through July 31, 2023. The Government is not obligated to exercise the option quantities and shall not be financially responsible for any costs if the Government does not exercise these option quantities.

Option quantities will be exercised via a modification to the purchase order and in accordance with Federal Acquisition Regulation Clause 52.217-7 Option for Increased Quantity-Separately Priced Line Item.

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Attachment 2 - Specifications

1.0 GENERAL

The Bureau of Land Management (BLM) requires three “fly” squeeze chutes, used for restraint and treatment of wild horses and burros. An option would also be included for three additional fly chutes within 16 months after final delivery of the first three for a total of 6 fly squeeze chutes. The Contractor shall provide all labor, equipment, supervision, transportation, and incidentals necessary for the chutes.

References:

American Society of Testing and Materials:

ASTM-A513-96 Standard Specification for Electric-Resistance-Welded Carbon and Alloy Steel Mechanical Tubing

ASTM- A36/A36M-97a Standard Specification for Carbon Structural Steel

American Welding Society:

AWS- Dl.l-96 Structural Welding Code, Steel 1996

Quality Assurance:

Warranty: Supplies, materials or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services. The rights or remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this Contract. With respect to all warranties, expressed or implied, from manufacturers, or suppliers for materials furnished under the Contract, the contractor shall:

a. Obtain all warranties that would be given in normal commercial practices.

b. Require all warranties to be executed, in writing, for the benefit of the Government.

c. Submit all warranties in writing to the Contracting Officer prior to final inspection.

d. At a minimum, the warranty shall include coverage for: all hydraulic cylinders, hoses, valves and components for a minimum of 1 year; all welds for a minimum of 1 year.

Hydraulic Components Manufacturer Qualifications: Each hydraulic component shall be manufactured by a company regularly engaged in the manufacture of that particular component, and which issues a complete catalog of data on such components.

Welding: Welding shall be performed according to AWS D1.1-96.

2.0 CONTRACTOR FURNISHED ITEMS

Contractor shall furnish all materials and labor necessary to construct chutes. All materials shall be new.

Materials (thickness/diameters) specified in drawings are minimums. No lesser materials will be accepted.

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Steel: All steel shall be ASTM-A36 unless otherwise indicated.

Hydraulic System: Shall consist of all components (including but not limited to: cylinders, valves, hoses, fittings, fluid reservoir, fluid, etc.) necessary to provide a fully functioning chute. The system shall be powered by a minimum of 5 horse power gasoline engine. All components shall be manufactured from the highest grade of materials available.

Hydraulic Cylinders: Shall utilize steel tubing that meets ASTM-A513-96, (AIR-DRO or approved equal) be hydraulically straightened before honing, and shall have the inside diameter, hard-chrome plated a minimum of

0.001 diametrically. The piston shall be one-piece. The piston rod shall be high yield, turned, ground and polished C1045/50 micro alloy component, which is hard chrome plated a minimum of 0.0001 diametrically. Cylinder shall be suitable for this application.

Hydraulic Hose: Shall have a minimum working pressure of 2250 psi. Hose shall be constructed of neoprene and steel braids (Weatherhead or approved equal). Higher pressure hose shall be used as required to operate the cylinders, valves, etc... Hose fittings shall be stainless steel.

Motor: Motor shall be a minimum of 5 horsepower gasoline engine used to operate the hydraulic lift system which is necessary to erect the chute from the transport position to the operational position.

Padding: Shall consist of a closed cell polyethylene or urethane foam 2 inches thick with a minimum density of 5 lbs./fe. Padding shall be glued to the pad backing. The padding shall be covered by a commercial grade Cordura fabric (Cordura Plus 2000-560-T440 or equivalent) (color: tan), and secured to the backing. Fabric shall be secured using standard industry practices.

Latches: Shall be commercially available and spring loaded.

Hinges: All hinges shall have grease fittings installed. Do not paint grease fittings.

3.0 GOVERNMENT FURNISHED PROPERTY/INFORMATION

No government furnished property will be provided. Government furnished information, drawings, and photos shall be provided and are only to be used in performance of this contract.

4.0 INSPECTION AND ACCEPTANCE

Final product(s) shall be inspected at the contractor facility by the designated contracting officer representative (COR) prior to acceptance. It is noted that after inspection, minor modifications may be required. The contractor may choose to build one chute initially to identify any needed modifications prior to building the additional chute(s).

All contractor-provided items shall be new and include applicable manufacturer's warranty.

5.0 PAYMENT

Payment will be made based upon satisfactory final inspection and acceptance by the Government at the total price.

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The Government is obligated under this agreement only to the extent of authorized purchases actually made. The Government is not obligated to order any minimum dollar or quantity.

6.0 PERFORMANCE PERIOD

No later than six months from date of award.

7.0 DELIVERY LOCATIONS

Contractor will be responsible for the transportation and delivery to prearranged locations as identified below. The three fly chutes on the option, would be delivered to the Palomino Valley Center in Reno, NV.

• (1) Fly Chute C D Warner Livestock 1733 W 6400 S Spanish Fork, UT 84660 POC: Cameron Warner / (801) 360-2100

• (1) Fly Chute

Rocking A Livestock 251 E 900 N Lehi, UT 84043 POC: Logan Anderton / (801) 602-8557

• (1) Fly Chute

Palomino Valley Wild Horse and Burro Center

15780 SR 445

Reno, NV. 89510 POC: John Neill/ (775) 475-2222

• OPTION: (3) Fly Chutes Palomino Valley Wild Horse and Burro Center

15780 SR 445

Reno, NV. 89510 POC: John Neill/ (775) 475-2222

8.0 DRAWINGS AND PHOTOS

Appendix 1 – Drawings contains original Government drawings from 2016. The Government drawings do not depict required revisions. Appendix 2 - Photos are photos that depict the revisions not illustrated in the drawings. A description of the revisions are noted at the bottom of each photo

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B08 Attachment 2 - Appendix 1 - Drawings140L0621Q0068 Page 7 of 68

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B08 Attachment 2 - Appendix 2 – Photos

Photo 1. Revisions (REV) to right side, left side, and back door.

REV 1. Right side. Increase size of back door.

REV 2. Right side. Due to REV 1, move back window down.

REV 3. Back door. Add window to back door. BLM would like the window to be larger than that shown in the photo, so extend it lower by 6 inches from what is shown.

REV 4. Left side. In Attachment A, the drawings show the left side window in the center, move window to the back and make 6 inches larger then shown in photo.

REV 2

REV 4

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Photo 2. Additional photo of REV to right side.

REV 1. Right side. Increase size of back door.

REV 2. Right side. Due to REV 1, move back window down.

REV 2

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Photo 3. REVs to left side.

REV 4. Left side. In Attachment A, the drawings show the left side window in the center, move window to the back and make 6 inches larger then shown in photo.

REV 5. Left side. Addition of windows.

REV 6. Back door. Need the handles to be longer, not to exceed top of chute itself.

REV 5

REV 4

REV 6

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Photo 4. Additional view of left side.

REV 7. Platform on left side. Need the platform to be permanent instead of removable as shown in drawings in Attachment A and Photo 3.

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Photo 5. Third view of left side.

REV 7. Platform on left side. Need the platform to be permanent instead of removable as shown in drawings in Attachment A and Photo 3.

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Photo 6. Front door.

REV 8. Front door. Need the handles to be longer, not to exceed top of chute itself.

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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)

52.217-5 Evaluation of Options. (Jul 1990)

52.217-7 Option for Increased Quantity-Separately Priced Line Item. (Mar 1989)

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.

140L0621Q0068 Page 25 of 68 https://www.acquisition.gov/browse/index/far

(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 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.

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(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;

(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–

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(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 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

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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; 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]

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(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.

(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 (Jul 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:

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[Contracting Officer check as appropriate.]

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

__ (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).

__ (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) (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)).

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__ (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.

__ (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)).

__ (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.

_x_ (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.

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_x_ (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.

_x_ (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_ (37) 52.222-99, Combating Race and Sex Stereotyping (NOV 2020). (Executive Order 13950).

(DEVIATION 20-09)

__ (38) (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.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (41) (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.

__ (42) (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.

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

__ (44) (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.

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_x_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

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

_x_ (49) 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 83).

__ (50) (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 no te, 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.

__ (51) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (52) 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).

__ (53) 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).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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