BSE IDIQ Instructions - SOW.docx

INSTRUCTIONS TO QUOTERS

This acquisition involves the use of Streamlined Procedures for Evaluation of Offers (FAR Part 12.602) in conjunction with the policies and procedures prescribed in Part 13, Simplified Acquisition Procedures. This solicitation will be used to award multiple 5 year IDIQ contracts to vendors with access to cattle populations across the United States. This solicitation is open to all business sizes. The NAICS code and resulting small business size standard are 561990 with a size standard of $14.5.

Due to the constant changing demographic of our country's cattle population, the geographical areas we target are constantly changing. It is the Government's goal to have a minimum of two sources for each geographical area, however the Government reserves the right to award as many IDIQ contracts as it deems fit to meet its complex requirements.

As an ongoing requirement, the Government reserves the right to award IDIQ contracts against this solicitation for a period of one year from date of posting. The minimum order requirement will be set at $300.00 for all contracts. Maximum order limitations will vary based on the targeted area and whether a vendor has access to multiple geographical areas but shall not exceed $4 million. No contract awarded as a result of this solicitation will have any obligation for orders beyond the initial minimum.

Please review the attached documents for further details. Please contact the contracting officer by email only at kimyen.n.tu@usda.gov if you have any questions not answered in the supporting documents. To be considered for award, please submit the following items below to the contracting officer at Kimyen.n.tu@usda.gov by 07/26/2023.

Per clause 52.212-2, the following factors shall be used to evaluate offers:

1. Price

2. Technical Capability

3. Past Performance

Technical and past performance, when combined, are more important when combined, when compared to price.

SUBMISSION REQUIREMENTS:

Contractor MUST return the following items to be considered:

· Fill out and sign bottom of INSTRUCTIONS TO QUOTERS document

· Signed SF1449 and acceptance of any modifications to the solicitations

· Contractor active SAM registration – copy of first page of SAM showing contractor Unique Entity ID is fine

· A list of U.S. States for which you have access to targeted cattle population samples and a list of targeted plants they have access to. (Please provide information in separate document)

· Filled out Price Schedule on pg. 9 of the Statement of Work

· Small Business Subcontracting Plan The U.S. Department of Agriculture (USDA), Animal Plant and Health Inspection Service (APHIS), is committed to the participation of Small Businesses, Small Disadvantaged Businesses, Women‐Owned Small Businesses, HUBZone Small Businesses, and Service-Disabled Veteran Owned Small Businesses in the performance of work under this solicitation and resulting contract. Your attention is directed to solicitation clauses 52.219‐8 entitled "Utilization of Small Business Concerns," and 52.219‐9 entitled "Small Business Subcontracting Plan" Alt II.

Submission of a Subcontracting Plan in accordance with the above clauses is required for quotes exceeding $750,000.00. The Contracting Officer will review the plan using the following goals to assure that it represents your best efforts to maximize subcontracting opportunities. Award will not be made until the Contracting Officer approves the Subcontracting Plan. The quoters’ subcontracting plan shall meet or exceed the goals expressed below, in terms of percentages of total planned subcontracting dollars. The accepted plan shall be included in and made part of the resultant contract. The minimum required goals expressed in percent of total planned subcontracting dollars are:

a. Small Business 21.0%

b. Small Disadvantaged Business 5.0%

c. Women‐Owned Small Business 5.0%

d. HUBZone Small Business 3.0%

e. Service‐Disabled Veteran‐Owned Small Business 3.0%

f. Reporting (ISR/ESR through www.esrs.gov) 100%

It is the contractor’s responsibility to propose goals that are achievable. Adjustments to the above goals may be proposed and may be considered for negotiation by the Contracting Officer. The subcontracting plan will be evaluated in accordance with FAR 19.704 Subcontracting Plan Requirements, which can be accessed at the following website: http://farsite.hill.af.mil/vfafara.htm. Contractors should be aware that failure to meet subcontracting goals in the performance of the contract may negatively impact performance evaluations, see also Clause 52.219‐16 LIQUIDATED DAMAGES‐SUBCONTRACTING PLAN (JAN 1999).

Please fill out Questionnaire below to see if Subcontracting Plan applies to your business:

1. My firm is considered a large business based on NAICS code 561990 with a size standard of $14.5

____ NO – Stop here ____ YES – Please see next question

2. Are there opportunities to provide small business subcontracting plan? If no, please provide short statement as to why there are no subcontracting opportunities.

Name - Contractor Point of Contact

Signature Date

STATEMENT OF WORK

1.1 Overview

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS), in cooperation with the Food Safety and Inspection Service, (FSIS), and the Food and Drug Administration (FDA), conducts an ongoing Bovine Spongiform Encephalopathy (BSE) Surveillance program in accordance with the Animal Health Protection Act (7 USC Ch. 109) .

The ongoing surveillance program requires brain stem samples to be collected from cattle in the targeted populations geographically dispersed across the United States.

The targeted population includes cattle 12 months of age or older in any of the following surveillance streams as outlined in the World Organization for Animal Health (OIE) Terrestrial Animal Health code: clinical suspect, casualty slaughter, and fallen stock.

1.2 Period of Performance

The intent of the Government is to issue multiple award, firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contracts with a length of 5 years.

1.3 IDIQ Limitations

The minimum order amount guaranteed under this IDIQ is $300. The total cumulative value of task orders issued against this IDIQ shall not exceed $4,000,000.

The government requires samples from target populations across the United States. When multiple vendors service a specific area of need, orders will be first placed with the vendor with the lowest price. Vendors may lower their price at any time by requesting such in writing. Such requests should be directed to the Contracting Officer, Kim Yen Tu at Kimyen.n.tu@usda.gov

1.4 Sample Collection

Contractors will identify the proper cattle to sample, collect the appropriate samples, document the samples collected, enter submission and surveillance data electronically into the Veterinary Services Laboratory Submissions (VSLS) system, or any successor submission system, and package and ship samples to designated laboratories in accordance with the objectives in this Section. Contractors shall provide personnel, labor, supervision, supplies, equipment and materials required to collect, identify, package and ship or hand deliver brain stem samples for BSE testing to designated labs.

1.4.1.1 Sample Selection and Quality

The Contractor shall collect the brain stem (including the obex) using a brain tissue spoon or other suitable device. Sampling spoons and tools will be provided by NVSL to sample collectors upon request at no cost to the contractor. Sampling spoons and tools shall be cleaned and disinfected between each sample collection to avoid cross-contamination of samples.

Contractors are responsible for collecting a testable tissue sample. Samples that are taken from the wrong location or that are significantly decomposed are not testable and shall not be submitted unless specific arrangements are made in advance and authorized by VS. The only exception to this is for samples taken from cattle that are condemned for CNS impairment, including suspicion of rabies, at ante-mortem inspection. Samples that do not meet VS criteria will not be tested and compensation for non-compliant samples will not be paid. (See VS Guidance 7800.1 included as attachment).

VS will provide sample collection training as needed to Contractor personnel prior to commencing sample collection activities. This training for Contractor personnel will be provided within 14 calendar days from date of award. Training will be provided at the contractor’s facility by a VS employee. Individuals previously trained and approved for these processes must be reapproved on an annual basis, unless otherwise authorized by the Area Veterinarian in Charge (AVIC). Additional instruction may be provided by the AVIC. This instruction could include the BSE Procedures Manual, VS Guidance 7800.1, cattle dentition charts or other guidance documents.

1.4.1.2 Target Populations

The Contractor shall collect brain stem samples from cattle that meet the definition for the targeted cattle populations per subsections A and B below. Sample allocations for both types of target populations will be determined by the Government, taking into consideration the geographical distribution of the cattle being sampled, and formalized by placing task orders. Sample allocations are subject to change based on the government’s priorities, needs and available resources. Contractors may collect samples from one or both of these cattle population types (A or B); however, VS requests that contractors prioritize samples from cattle in Section A.

A. All cattle that are 12 months of age and older that display central nervous system (CNS) impairment as indicated by VS Guidance 7800.1 (included as an attachment). This category includes:

I. Cattle condemned by FSIS upon antemortem inspection for CNS signs; or rabies suspects and subsequently determined to be negative for rabies. [Note: Cattle “less than 12 months of age” are defined by dentition as “all teeth that have erupted, both incisors and cheek teeth, are deciduous (i.e. primary or baby teeth) and none are loose.] II. Cattle highly suspicious for BSE as indicated by VS Guidance 7800.1, which includes: 1) cattle affected by illnesses that are refractory to treatment (including anorexia, loss of condition in spite of good appetite, pneumonia, decreased milk yield) and are displaying progressive behavioral changes that are not of an acute nature (including apprehension, nervousness, excitability, aggression, head shyness, hypermetria, kicking when milked, difficulty in rising, excessive nose scratching, or hesitation at gates/barriers); 2) cattle displaying progressive neurological signs that cannot be attributed to infectious illness and are not responsive to treatment.

B. Cattle that are 30 months of age or older (as evidenced by the eruption of at least one of the second set of permanent incisors) that are condemned during antemortem inspection and thus are excluded from slaughter due to poor health status (nonambulatory, unhealthy, or dead) at specified federally inspected slaughter plants. This category includes:

I. Cattle that are condemned by FSIS at antemortem inspection for any reason (other than “CNS signs” or “rabies,” which are covered above under “Cattle of 12 months of age and older with CNS signs”).

II. Cattle that have died for unknown reasons, are non-ambulatory, or have other clinical signs that may be associated with BSE. For those cattle that are dead prior to arrival of sampling personnel, additional clinical history must be available other than “dead of unknown cause.” This can include animals from production facilities (farms), salvage slaughter facilities, rendering facilities, livestock markets, pet food plants, 3D-4D plants, and other animal disposal facilities.

· Dead: Any dead cattle where the specimen is of diagnostic quality and the cause of death and/or clinical signs prior to death, if known, do not preclude it from the targeted population.

Samples are not to be collected from dead cattle with known cause of death and history that do not meet the criteria for targeted subpopulations (for example, acute deaths from lightning strike or other acts of nature, gunshot, fire, dystocia, hypothermia, and trauma).

· Non-ambulatory: Cattle that cannot rise from a recumbent position (downer) or that cannot walk including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral columns, or metabolic conditions; and/or cattle that are severely weakened though they may be able to stand and walk for brief periods of time.

1.4.2 Sample Packaging and Shipping

All shipping costs for BSE samples are prepaid by the government. Samples must remain refrigerated or stored on cool packs after collection. VS will furnish sample containers, cool packs, shipping containers, and exterior package labels to the Contractor. If samples are not shipped immediately, the samples need to be refrigerated prior to shipping. It is the contractor’s responsibility to ensure samples do not spoil prior to acceptance at the designated BSE testing laboratory. Packaging instructions are included in the packaging/shipping materials provided by VS. Specific training for packaging and shipping is also available in AgLearn and upon request. Samples, sample containers, and shipping containers shall be properly labeled.

A copy of the completed BSE Surveillance Submission Form, BSE Surveillance Submission Continuation Form (if used), and BSE Surveillance Data Collection Forms shall accompany the samples shipped to the designated laboratory. The Contractor shall hand deliver or ship samples using the designated overnight delivery service to the designated laboratory for testing. In addition to completing the required forms, the Contractor will communicate the following information to the designated laboratory if requested:

· the overnight contracted delivery service tracking number (if applicable);

· the collection site name and address;

· the unique BSE Referral Number of the submission; and

· the number of samples.

The Contractor will confirm with the overnight contracted delivery service that the samples were delivered to the laboratory. A tracking number from the delivery service will serve as sufficient documentation. A copy of the shipping label shall be retained with the records for the submission and shall be provided to the government upon request.

Samples must be shipped to the laboratory identified by the program. Additional testing laboratories may be authorized and redirection of samples to alternate labs may be necessary in some instances. Contractors will be notified of changes related to designated laboratories.

1.4.3 Documentation/Reporting Requirements

Contractors shall accurately record all requested information on current versions of the:

1. USDA BSE Surveillance Submission Form (VS 17-146);

2. USDA BSE Surveillance Submission Continuation Form (VS 17-146a) (if used); and

3. USDA BSE Surveillance Data Collection Form (VS 17-131).

These forms are available online at: https://www.aphis.usda.gov/aphis/resources/forms/ct_vs_forms

Up to four (4) copies of these completed forms should be made for further distribution and filing, each of these documents will include the BSE referral number:

· One copy of the completed forms shall accompany the samples shipped to the designated laboratory.

· One copy shall be retained onsite by the submitter and maintained in accordance with Federal recordkeeping requirements (See Records Retention).

· One copy shall be forwarded on to the local VS office upon request.

· One copy should be kept with any cattle identification devices if applicable.

Contractor will ensure that surveillance information is properly entered into the VSLS system, or any successor submission system, and that results for samples have been posted by the testing laboratory. The Contractor shall enter information from these surveillance forms into the VSLS - BSE application. The Z-tag number must be recorded on the form and entered in the VSLS system on all samples collected from cattle that were condemned at slaughter. This information must be entered before samples arrive at the designated laboratory and preferably prior to shipping samples. Surveillance data is not considered valid until it is entered into the VSLS - BSE application and results are posted by the testing laboratory.

1.4.3.1 Technical Training/Security Clearance

Contractors or their employees that need access to the VSLS - BSE application will be required to complete and submit an APHIS Form 513.

Contractors or their employees that need access to the VSLS - BSE application will also be required to obtain and maintain a Level 2 eAuthentication account if they do not have an existing account. Account can be created through link above.

Contractors or other non-VS personnel that will be entering submissions electronically into the VSLS - BSE application must satisfactorily complete the IT Security/ Privacy Basics training (available online) prior to utilizing APHIS VS Information Systems. This training must be completed annually to maintain access to APHIS VS IT applications.

1.4.3.2 Test Reporting

The designated laboratory will report “not detected”, “not detected/not obex”, or “not tested” screening test results back to the sample submitter, the AVIC, and any other parties approved by the AVIC.

Contractors are responsible for ensuring that final test results for samples have been entered into VSLS by the testing laboratory, even if they have received notification of test results through other channels. Tests are not considered valid tests until results are posted in VSLS.

1.4.4 Carcass Identification, Storage and Disposal

Contractors will be responsible for transport, identification, storage and disposal of carcasses and carcass parts in accordance with this contract as well as all applicable Federal, State, and local requirements.

1.4.4.1 Animal Identification Requirements

If carcasses and heads are not retained, Contractors shall collect all animal identification devices, brands (via digital picture or drawing), and tattoos (refrigerate tissue containing tattoo) from each animal sampled. The Contractor shall bag these identification items, label them with the sample number and bar code sticker, attach a copy of the USDA BSE Surveillance Submission Form, and refrigerate the bag containing the identification until negative results are received. Identification devices should also include some attached tissue (at least dime-sized) if carcasses/heads are not retained.

If samples are obtained for other disease programs (e.g., tuberculosis) from the same animal, contractors shall record the animal identification on the appropriate submission form and indicate on the form where the identification items are stored.

When whole carcasses are held, the identification may be stored on the carcass until results are returned. All parts of a stored carcass should be identified with an appropriate device.

1.4.4.2 Carcass Storage & Disposal

The storage and disposal of carcasses and offal must comply with applicable local, State, and Federal laws, regulations, and policies. Local and professional standards for the storage, disposal or further processing of animal carcasses, parts of dead animals, offal, and animal waste also apply and must be observed.

The identity and location of tested animals and their parts must be documented and maintained throughout the entire sample collection, submission, and testing process until “not detected” (i.e., “negative”) test results are documented in VSLS. This identification must provide for the accurate trace back of the brain stem sample to the carcass, offal and head from which the sample was taken.

Carcasses and offal from sampled animals intended for further processing must be held until laboratory test results are received. After obtaining “not detected” test results, carcasses and offal may be rendered or otherwise processed in accordance with applicable local, State, and Federal laws, regulations, and policies.

Vendors must also comply with local, State, and Federal laws, regulations, and policies related to processing of animals and animal by-products for use in animal foods or feed, if processed for these purposes. No uncooked dead animals or uncooked dead animal parts, including offal of any description, shall be fed to domestic animals unless processed in accordance with all such laws and regulations.

Carcasses and offal from sampled animals not intended for further processing may be disposed of before receiving test results. Disposal in compliance with applicable local, State, and Federal laws, regulations, and policies may be completed by:

· Burial in an approved landfill

· Burial on the farm of immediate origin

· Rendering at a dedicated facility for nonanimal feed use, such as biofuel or cement

· Incineration

· Alkaline digestion

Hides of sampled animals do not require disposal and do not need to be held pending test results.

Transportation of carcasses and offal must comply with applicable local, State, and Federal laws, regulations, and policies. Local and professional standards for the transportation of animal carcasses, parts of dead animals, offal, and animal waste must be followed.

The carcasses and offal from sampled animals with inconclusive or positive test results will be disposed of under supervision of Federal and/or State incident personnel and in accordance with the guidelines in the current BSE Response Plan. If testing confirms an animal was infected with BSE, previously buried carcasses may be exhumed.

***Very important to mark the location where the animal/carcass was buried in case it needs to be exhumed.

1.5 Standards for Collection Sites

· Table(s) and device(s) for holding the skull of the cattle must be able to accommodate work of two or more sample collectors

· Suitable location for completing required records

· Lighting adequate to identify the brain stem sample for collection

· Sink with warm running water and suitable drain

· A safe surface to stand on A dry area for storage of sample boxes and other materials/ supplies

ADs may approve alternative sample collection site arrangements as appropriate given that pricing remains the same.

1.6 Humane Handling of Animals

The Contractor shall comply with local, State, and Federal laws, regulations, and policies, and local and professional standards for humane handling, and euthanasia of livestock in accordance with American Veterinary Medical Association guidelines.

1.7 Contractor Quality Control/Inspection System Requirements

The Contractor shall develop and maintain an effective proactive quality control and inspection system that will ensure services are performed in a manner that meets or exceeds the requirements of this contract. The system shall detect problems early to ensure proactive corrective measures are enacted promptly. Complete records shall be maintained for all work performed. This includes, but is not limited to, contractor quality control inspections, and hard copies of documentation submitted with samples (i.e., origin, condition of animal, etc.). All records related to quality control or inspection may be evaluated upon request.

1.8 Records Retention

Any records created or maintained which deal with BSE sampling or testing must be maintained as required by the APHIS record retention guidelines six (6) years for “not detected” or negative samples; indefinitely, or as directed by APHIS, for inconclusive or positive samples). The contractor must allow inspection of collection procedures and inspection and copying of records during ordinary business hours (8 a.m. to 5:30 p.m., Monday through Friday) upon request by any authorized employee of the United States Department of Agriculture or its representative, and presentation of his or her official credentials.

In accordance with Federal Acquisition Regulation (FAR) part 52.212-4 (a) Inspection/Acceptance, the Government may periodically inspect and or test the contractor’s collection system to confirm that the services and records provided conform to the contract.

2.0 Price Schedule

Vendor will provide one fixed pricing per sample which include both 3d/4d and CNS samples. 3d/4d and CNS samples are defined in Attachment 1 VS Guidance 7800.1 guidance. Please create separate contract line items for each collection location/plant available for BSE sample collection.

3.0 Contract Administration

3.1 Invoicing

The vendor shall submit invoices electronically through IPP.gov no less than once per quarter if they have outstanding invoices. The government will not make manual bank to bank wire transfers. If your financial institution does not accept EFT (Direct deposit) transactions from the U.S. treasury, you will be required to use a financial institution that does. The government will not enter invoices on a vendor’s behalf. All payments will be direct deposited to the banking information provided in your Sam.gov registration.

Any invoicing questions shall be directed to the IPP.gov helpdesk 1-866-973-3131. The helpdesk will need the contract and order number.

3.2 Individuals Authorized to Place Task Orders

The following individuals and/or organizational component are authorized to place delivery orders:

1. Contracting Officers and Purchasing Agents for APHIS, MRPBS, AAMD subject to the limitations of their warrant authority.

CONTRACT 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): http://farsite.hill.af.mil

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212-4 Contract Terms and Conditions - Commercial Items (Nov 2021) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

Clauses in Full text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (May 2022)

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, 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 products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

X (4) 52.204-10, 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).

X (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. (Nov 2021) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

_ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

(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.

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

X (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2021) 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 (Sep 2021) (15 U.S.C. 637s).

X (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

X (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (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 (Jan 2022) (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.

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 (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

X(36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(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 (Jun2020) (E.O. 13513).

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

(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.

(48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

(49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 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 (Nov 2007) (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 Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (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 (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

Please visit www.sam.gov to pull up wage determination applicable to contractor’s place of performance. More than one wage determination may apply if collections are being performed at multiple different city/state.

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

X (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).

(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).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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.

(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 products or commercial services. 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 (Nov 2021) (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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(A) 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 (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 (Nov 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-18 Ordering. (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 09/01/2022 through 08/31/2027

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations. (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $500,000

(2) Any order for a combination of items in excess of $500,000 or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 08/31/2027.

(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 30 days.

(End of clause)

52.246-4 Inspection of Services-Fixed-Price. (Aug 1996)

(a) Definition."Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced…