B3-1038591 - Soliciation w SOW Claues Provisions.docx

1. NOTES TO OFFEROR:

In order for an offeror to have a complete quotation package, the following checklist items must be submitted to the Contracting Officer to be considered for award: Please carefully read to ensure you submit your quote correctly.

See change page for certificate.

2. A currently active Federal Contractors Registration at http://www.sam.gov. An offeror shall include a printed copy of the first page of the SAM listing, or a DUNS number if the SAM application is in progress. The online Certification and Representations for business size determination should use NAICS code 811219, PSC 6525. Please note that registering in the SAM database is free of charge. Free SAM registration assistance can be obtained by calling the help desk toll free at 866-606-8220. Free assistance can also be found at your local PTAC office, http://www.aptac-us.org/new/Govt_Contracting/find.php.

3. Any questions pertaining to this solicitation shall be directed to Tom Wesley at thomas.j.wesley@usda.gov. Quotes shall be emailed to him as well. Questions shall be emailed to Tom Wesley as noted above no later than three days before solicitation closes. No Late Submissions will be accepted. Close of quotes is 12 August 2021, 3:00 pm CST. To be awarded 16 August 2021.

4. USDA is an agency of the federal government and is tax exempt. Federal tax ID numbers 41‐0696271.

1. TYPE CONTRACT:

A Firm Fixed Price (FFP) contract vehicle will be used for the purchase services for USDA, Animal and Plant Health Inspection Service (APHIS), PPQ – Microscope Maintenance

2. INTRODUCTION/BACKGROUND:

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ), National Identification Service (NIS) requests the services of a contractor for various Nikon microscope equipment installation, moving and maintenance services. The Remote Pest Identification Program (RPIP) provisions and maintains scientific equipment configurations at PPQ Identifier and Non-Identifier sites. The RPIP equipment specifically contains: dissecting microscopes, compound microscopes, fiber-optic light sources and digital microscope cameras. The scientific configurations are used to support biological specimen identification for PPQ.

3. SCOPE:

The contractor shall provide the following services: installation/configuration of new Nikon microscopes and microscope digital cameras, relocating/moving of existing on-site Nikon microscopes and microscope digital cameras as needed, equipment upgrades for on-site microscopes as needed, maintenance (to include inspection, cleaning, and adjustment/alignment of dissecting and compound microscopes) after move to new location for the on-site scientific configurations at PPQ sites. Each location may have up to thirty-three (33) scientific configurations. Refer to section 4 for FY year lists for locations.

4. DEFINITIONS:

a. Typical Entomology/Botany Scientific Configuration components:

b. Typical Plant Pathology Scientific Configuration components:

c. Typical additional Scientific Configuration components:

4.3.1) Dissecting Microscope (Nikon SMZ 1500 dual-objectives) AND/OR 4.3.2) Compound Microscope (Nikon 80i with phase contrast or Nomarski DIC (Differential Interference Contrast))

d. Identifier is a PPQ employee that is trained to perform biological specimen identifications in support of Domestic or Agriculture Quality Inspection (AQI) program activities. Usually, Identifier personnel specialize in Botany, Entomology or Plant Pathology disciplines. At single identifier sites the identifier will perform generalist functions to provide coverage for all three discipline areas.

5. GENERAL SERVICE REQUIREMENTS:

a. Official Hours of Operation

The Contractor shall interface/work with PPQ personnel during the hours of 8:00 am and 4:30 pm local time.

b. Use of Nikon Factory Authorized Service Providers

All service work must be completed by a factory authorized Nikon service provider. It is the vendor’s responsibility to verify any subcontractors are factory authorized Nikon service providers at time of award. Use of unauthorized subcontractors, whether knowingly or due to vendors lack of due diligence, may be determined by the contracting officer to be a default.

Factory authorized Nikon service providers can be located and verified at the following location: https://www.nikoninstruments.com/Service-Support/Service-Warranty

c. Equipment Requirements

The Contractor shall furnish the necessary tools, technical manuals/information and supplies to carry out the aforementioned installation/maintenance/upgrade tasks.

6. Geographic Locations: The RPIP Program Maintenance activities will be conducted at the following locations. (The number shown is the quantity of microscopes at each site).

Service Sites and Microscopes listed : ***All sites listed below in color must be quoted together with sites of the same color. All sites in black shall be quoted individually.

FY- 2021 –

Nogales, AZ – inspect/clean/adjust microscopes (10) Douglas, AZ – inspect/clean/adjust microscopes (2) Yuma, AZ – inspect/clean/adjust microscopes (4) Calexico, CA – inspect/clean/adjust microscopes (4) Jamaica, NY – inspect/clean/adjust microscopes (22) Linden, NJ – inspect/clean/adjust microscopes (15) Washington, DC (Smithsonian) – inspect/clean/adjust microscopes (10) Beltsville, MD – inspect/clean/adjust microscopes (28) El Segundo, CA (LAX) – inspect/clean/adjust microscopes (22) Long Beach, CA – inspect/clean/adjust microscopes (5) Dallas, TX – inspect/clean/adjust microscopes (4) Laredo, TX – inspect/clean/adjust microscopes (11) San Diego, CA – inspect/clean/adjust microscopes (13) Des Plaines, IL – inspect/clean/adjust microscopes (5), move to new location approximately 3 miles away from currently location International Falls, MN – inspect/clean/adjust microscopes (2), install 2 microscopes Buffalo, NY – inspect/clean/adjust microscopes (4) Miami, FL – inspect/clean/adjust microscopes (33) Ft. Lauderdale, FL – inspect/clean/adjust microscopes (7) Orlando, FL – inspect/clean/adjust microscopes (4) Gainesville, FL – inspect/clean/adjust microscopes (2) Tampa, FL – inspect/clean/adjust microscopes (2) Sacramento, CA – install 1 microscope San Francisco, CA – inspect/clean/adjust microscopes (18) Houston, TX – inspect/clean/adjust microscopes (20), install 2 microscopes at new site College Station, TX – inspect/clean/adjust microscopes (2) El Paso, TX – inspect/clean/adjust microscopes (10) Columbus, NM – inspect/clean/adjust microscopes (2) Aquada, PR – inspect/clean/adjust microscopes (8) Aquidilla, PR – inspect/clean/adjust microscopes (1) Carolina, PR – inspect/clean/adjust microscopes (10) Ponce, PR – inspect/clean/adjust microscopes (1) McAllen, TX – inspect/clean/adjust microscopes (5) Harlingen, TX – inspect/clean/adjust microscopes (6), install 2 microscopes Edinburg, TX – install 1 microscope Los Indios, TX – inspect/clean/adjust microscopes (10) Pharr, TX – inspect/clean/adjust microscopes (2)

FY- 2022 –

***All sites listed below in color must be quoted together with sites of the same color. All sites in black shall be quoted individually.

El Segundo, CA (LAX) – inspect/clean/adjust microscopes (22) Miami, FL – inspect/clean/adjust microscopes (33) Jamaica, NY – inspect/clean/adjust microscopes (22) Linden, NJ – inspect/clean/adjust microscopes (15) Washington, DC (Smithsonian) – inspect/clean/adjust microscopes (10) Beltsville, MD – inspect/clean/adjust microscopes (28) Houston, TX – inspect/clean/adjust microscopes (20) Atlanta, GA – inspect/clean/adjust microscopes (13) Wilmington, DE – inspect/clean/adjust microscope (1) West Lafayette, IN – inspect/clean/adjust microscopes (2) Manhattan, KS – inspect/clean/adjust microscopes (2) Kenner, LA – inspect/clean/adjust microscopes (4) Columbus, OH – inspect/clean/adjust microscopes (4) Boston, MA – inspect/clean/adjust microscopes (5) Romulus, MI – inspect/clean/adjust microscope (6) Portland, OR – inspect/clean/adjust microscopes (4) Charleston, SC – inspect/clean/adjust microscopes (4) Philadelphia, PA (RPIP office) – inspect/clean/adjust microscopes (10) Philadelphia, PA (Academy) – inspect/clean/adjust microscopes (3) Philadelphia, PA (Navy Yard) – inspect/clean/adjust microscopes (4) Carlisle, PA – inspect/clean/adjust microscopes (2) Baltimore, MD – inspect/clean/adjust microscopes (6) Riverdale, MD – inspect/clean/adjust microscopes (4) Seattle, WA – inspect/clean/adjust microscopes (13) Blaine, WA – inspect/clean/adjust microscopes (3) Honolulu, HI – inspect/clean/adjust microscope (22) Guam – inspect/clean/adjust microscope (8) Idaho Falls, ID – inspect/clean/adjust microscopes (2) Helena, MT – inspect/clean/adjust microscopes (1) Ft. Collins, CO – inspect/clean/adjust microscopes (3) Aurora, CO – inspect/clean/adjust microscope (1) Cheyenne, WY – inspect/clean/adjust microscope (1)

FY- 2023 –

***All sites listed below in color must be quoted together with sites of the same color. All sites in black shall be quoted individually.

Nogales, AZ – inspect/clean/adjust microscopes (10) Douglas, AZ – inspect/clean/adjust microscopes (2) Yuma, AZ – inspect/clean/adjust microscopes (4) Calexico, CA – inspect/clean/adjust microscopes (4) Jamaica, NY – inspect/clean/adjust microscopes (22) Linden, NJ – inspect/clean/adjust microscopes (15) Washington, DC (Smithsonian) – inspect/clean/adjust microscopes (10) Beltsville, MD – inspect/clean/adjust microscopes (28) El Segundo, CA (LAX) – inspect/clean/adjust microscopes (22) Long Beach, CA – inspect/clean/adjust microscopes (5) Dallas, TX – inspect/clean/adjust microscopes (4) Laredo, TX – inspect/clean/adjust microscopes (11) San Diego, CA – inspect/clean/adjust microscopes (13) Des Plaines, IL – inspect/clean/adjust microscopes (5) International Falls, MN – inspect/clean/adjust microscopes (2) Buffalo, NY – inspect/clean/adjust microscopes (4) Miami, FL – inspect/clean/adjust microscopes (33) Ft. Lauderdale, FL – inspect/clean/adjust microscopes (7) Orlando, FL – inspect/clean/adjust microscopes (4) Gainesville, FL – inspect/clean/adjust microscopes (2) Tampa, FL – inspect/clean/adjust microscopes (2) Sacramento, CA – install 1 microscope San Francisco, CA – inspect/clean/adjust microscopes (18) Houston, TX – inspect/clean/adjust microscopes (20) College Station, TX – inspect/clean/adjust microscopes (2) El Paso, TX – inspect/clean/adjust microscopes (10) Columbus, NM – inspect/clean/adjust microscopes (2) Aquada, PR – inspect/clean/adjust microscopes (8) Aquidilla, PR – inspect/clean/adjust microscopes (1) Carolina, PR – inspect/clean/adjust microscopes (10) Ponce, PR – inspect/clean/adjust microscopes (1) McAllen, TX – inspect/clean/adjust microscopes (5) Harlingen, TX – inspect/clean/adjust microscopes (6) Edinburg, TX – install 1 microscope Los Indios, TX – inspect/clean/adjust microscopes (10) Pharr, TX – inspect/clean/adjust microscopes (2)

FY- 2024 –

***All sites listed below in color must be quoted together with sites of the same color. All sites in black shall be quoted individually.

El Segundo, CA (LAX) – inspect/clean/adjust microscopes (22) Miami, FL – inspect/clean/adjust microscopes (33) Jamaica, NY – inspect/clean/adjust microscopes (22) Linden, NJ – inspect/clean/adjust microscopes (15) Washington, DC (Smithsonian) – inspect/clean/adjust microscopes (10) Beltsville, MD – inspect/clean/adjust microscopes (28) Houston, TX – inspect/clean/adjust microscopes (20) Atlanta, GA – inspect/clean/adjust microscopes (13) Wilmington, DE – inspect/clean/adjust microscope (1) West Lafayette, IN – inspect/clean/adjust microscopes (2) Manhattan, KS – inspect/clean/adjust microscopes (2) Kenner, LA – inspect/clean/adjust microscopes (4) Columbus, OH – inspect/clean/adjust microscopes (4) Boston, MA – inspect/clean/adjust microscopes (5) Romulus, MI – inspect/clean/adjust microscope (6) Portland, OR – inspect/clean/adjust microscopes (4) Charleston, SC – inspect/clean/adjust microscopes (4) Philadelphia, PA (RPIP office) – inspect/clean/adjust microscopes (10) Philadelphia, PA (Academy) – inspect/clean/adjust microscopes (3) Philadelphia, PA (Navy Yard) – inspect/clean/adjust microscopes (4) Carlisle, PA – inspect/clean/adjust microscopes (2) Baltimore, MD – inspect/clean/adjust microscopes (6) Riverdale, MD – inspect/clean/adjust microscopes (4) Seattle, WA – inspect/clean/adjust microscopes (13) Blaine, WA – inspect/clean/adjust microscopes (3) Honolulu, HI – inspect/clean/adjust microscope (22) Guam – inspect/clean/adjust microscope (8) Idaho Falls, ID – inspect/clean/adjust microscopes (2) Helena, MT – inspect/clean/adjust microscopes (1) Ft. Collins, CO – inspect/clean/adjust microscopes (3) Aurora, CO – inspect/clean/adjust microscope (1) Cheyenne, WY – inspect/clean/adjust microscope (1)

FY- 2025 –

***All sites listed below in color must be quoted together with sites of the same color. All sites in black shall be quoted individually.

Nogales, AZ – inspect/clean/adjust microscopes (10) Douglas, AZ – inspect/clean/adjust microscopes (2) Yuma, AZ – inspect/clean/adjust microscopes (4) Calexico, CA – inspect/clean/adjust microscopes (4) Jamaica, NY – inspect/clean/adjust microscopes (22) Linden, NJ – inspect/clean/adjust microscopes (15) Washington, DC (Smithsonian) – inspect/clean/adjust microscopes (10) Beltsville, MD – inspect/clean/adjust microscopes (28) El Segundo, CA (LAX) – inspect/clean/adjust microscopes (22) Long Beach, CA – inspect/clean/adjust microscopes (5) Dallas, TX – inspect/clean/adjust microscopes (4) Laredo, TX – inspect/clean/adjust microscopes (11) San Diego, CA – inspect/clean/adjust microscopes (13) Des Plaines, IL – inspect/clean/adjust microscopes (5) International Falls, MN – inspect/clean/adjust microscopes (2) Buffalo, NY – inspect/clean/adjust microscopes (4) Miami, FL – inspect/clean/adjust microscopes (33) Ft. Lauderdale, FL – inspect/clean/adjust microscopes (7) Orlando, FL – inspect/clean/adjust microscopes (4) Gainesville, FL – inspect/clean/adjust microscopes (2) Tampa, FL – inspect/clean/adjust microscopes (2) Sacramento, CA – install 1 microscope San Francisco, CA – inspect/clean/adjust microscopes (18) Houston, TX – inspect/clean/adjust microscopes (20) College Station, TX – inspect/clean/adjust microscopes (2) El Paso, TX – inspect/clean/adjust microscopes (10) Columbus, NM – inspect/clean/adjust microscopes (2) Aquada, PR – inspect/clean/adjust microscopes (8) Aquidilla, PR – inspect/clean/adjust microscopes (1) Carolina, PR – inspect/clean/adjust microscopes (10) Ponce, PR – inspect/clean/adjust microscopes (1) McAllen, TX – inspect/clean/adjust microscopes (5) Harlingen, TX – inspect/clean/adjust microscopes (6) Edinburg, TX – install 1 microscope Los Indios, TX – inspect/clean/adjust microscopes (10) Pharr, TX – inspect/clean/adjust microscopes (2)

7. Performance Requirements:

7.1) Schedule:

The schedule for completing work will be coordinated post award between Remote Pest Identification Program (RPIP) and the contractor taking into consideration the following criteria:

Geographic site location Logistics at sites & personnel availability 7.2) Contractor Tasks:

The contractor will notify Government contact, Clareann Cook, when onsite either via phone call (215-923-2487) or text (215-651-9250). If unavailable, contact Tania Dean via phone (215-923-4783) or text (215-971-6681).

The contractor shall inspect/clean/adjust scientific equipment (compound and dissecting microscopes), test and make all equipment “ready for use” (RFU).

After any work is performed, the contractor shall submit the following for each configuration worked on:

a. All serial numbers of each component within a configuration – I.E. microscopes (SMZ-1500/SMZ-18 serial number located on the zoom body, Ni-U/E80i serial number located on back of the unit), Fi2/Fi3camera head/L3/L4 display unit, and light sources.

b. Primary Identifier’s name (Primary user of that configuration, if available).

c. Pictures of each configuration as set on Identifier’s desk labeled by Identifier’s name.

In the event damaged microscope equipment is discovered, the contractor shall notify the government contact ASAP via call or text. If damage is caused by the contractor, the contractor will provide necessary Nikon parts and labor to repair the equipment at their own cost.

Notify government contact of warranty issues. Contact Nikon on how to fix the issue while onsite.

If there is a dissecting microscope zoom body breakage, contractor will notify government contact and repair on site; not ship back to Philadelphia, unless the breakage is extensive. Nikon can provide instructions on how to repair SMZ-1500 and SMZ-18.

Contractor will not post sticker(s) on microscopes with maintenance date for future service. RPIP has a schedule for sites; either yearly or every other year based on past maintenance.

Upon award, the contractor shall work with the RPIP personnel to develop a comprehensive implementation schedule. All reasonable effort to adhere to this schedule shall be made, however in the event a vendor or vendor’s subcontractor is unable to provide service on a scheduled day, advance notice must be provided to the program POC Clareann Cook. Failure to provide advance notice will be deemed as a default. The government requires vendor adhere to the schedule as a local identifier needs to be on-site and requires coordination between government contact and the site. It is the vendor’s responsibility to ensure all subcontractors adhere to these terms.

Note 1: The contractor will be responsible for any travel arrangements and associated costs. These costs shall be reflected in the unit price of the service for each site or may be listed as a trip cost as further identified in the accompanying Pricing Structure document.

Note 2: All project-related documentation will be submitted in Microsoft Office product formats. Digital photographic images will be submitted in JPEG file format.

7.3) Period of Performance:

Estimated Start Date:

Base Year August 16, 2021 – July 14, 2022 Option Year 1 July 15, 2022 – July 14, 2023 Option Year 2 July 15, 2023 – July 14, 2022 Option Year 3 July 15, 2021 – July 14, 2022 Option Year 4 July 15, 2021 – July 14, 2022

8. Pricing Information:

The vendor shall provide a price list for all potential services on a fixed price basis. The vendor may charge different pricing based on location. If the vendor so chooses, they may provide a fixed trip charge for travel to a site as well as fixed prices for the services provided at that site. If a vendor is unable to provide service at any specific sites, a narrative listing those sites and explanation why they cannot service those sites should be provided. The government reserves the right to consider separating requirements to ensure adequate competition is achieved but makes no guarantees that accommodations will be made should a vendor be unable to meet all requirements contained in this statement of work. Further information regarding pricing is contained in the document titled Pricing Structure.

9. Place of Performance:

All work will be performed on-site at the PPQ CONUS and OCONUS sites. Typically, our office hours are 8:00 AM to 4:30 PM time zone specific.

10. Contractor Access to Government Facilities and Government Supplied Information:

The government will:

Provide access to the PPQ sites for the duration of the project.

Ensure that designated government personnel will be on-site during contractor’s work activities.

Maintain a project/implementation schedule with contractor coordination Provide scientific/technical support and guidance to the contractor as needed for the project.

11. Invoice/Payment Procedures:

The contractor shall submit monthly invoices that reflect task/work completion that occur within the month.

12. ON SITE CONTACT:

Clareann Cook

USDA/APHIS/PPQ/NIS/RPIP

US Customs House 200 Chestnut Street, Room 806 Philadelphia, PA 19106 Phone: 215-923-2487 Fax: 215-923-2488

8. GOVERNMENT CONTRACT CONTACT: Please contact only the government contact for questions regarding this service contract.

Tom Wesley, Contracting Officer Minneapolis Business Site USDA, APHIS, MRPBS, AAMD, Office of Contracting and Procurement (OCP) 250 Marquette Ave, Suite 410 Minneapolis, MN 55401 612-336-3209 wk 612-396-5814 cell thomas.j.wesley@aphis.usda.gov

CLAUSES BY REFERENCE:

52.204-18 - Commercial and Government Entity Code Maintenance (Jul 2016) 52.212-4 - Contract Terms and Conditions -- Commercial Items (Oct 2018) 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.243-1 - Changes -- Fixed Price (Aug 1987) 52.247-34-- F.O.B. Destination (Nov 1991)

CLAUSES IN FULL TEXT

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):

FAR | Acquisition.GOV (End of Clause) 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:

[Contracting Officer check as appropriate.] __ (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).

_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) (15 U.S.C. 644).

__ (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.

__ (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.

__ (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.

__ (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 Rerepresentation (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).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (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.

_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.

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

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (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).

__ (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.)

__ (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.)

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

_X_ (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).

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

_X_ (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 (JAN2021) (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 (JUN 2008) (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 (JUN 2020).

__ (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 (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

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

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (FEB 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

_X_ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

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

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 6O days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 DAYS, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, 6 months.

(End of clause) 52.237-2 Protection of Government Buildings, Equipment, and…