Clauses and Provisions.pdf

Solicitation Number 12305B24Q0226 Voice over IP License and Warranty

Beltsville Agricultural Research Center (BARC) Beltsville, MD 20705

The Agricultural Research Service, Northeast Area Administrative office, Acquisition and Personal Property office intends to solicit and award a single firm-fixed-price contract for the purchase of Voice over IP License and Warranty.

This is a combined synopsis/solicitation for commercial items prepared under Federal Acquisition Regulation (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. This combined synopsis/solicitation is issued under Request for Quotation (RFQ) number 12305B24Q0226.

This requirement is being solicited under NAICS code 334210, Telephone Apparatus Manufacturing and is set-aside for 100% Total Small Business.

All FAR references are based off FAC 2024-06, Effective Aug 29, 2024.

This firm-fixed-priced award will be awarded as firm-fixed price contract. Delivery to Beltsville, MD (BAARC) must occur follow the below.

Base: 09/30/2024 – 09/29/2025 Option year 1: 09/30/2025 – 09/29/2026 Option year 2: 09/30/2026 – 09/29/2027 Option year 3: 9/30/2027 – 09/29/2028 Option year 4: 9/30/2028 – 09/29/2029

FAR 52.212-1, Instructions to Offerors-Commercial, is applicable to this acquisition. An addendum will be added on page 11.

FAR 52.212-2, Evaluation of Offerors, is applicable to this acquisition.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. FAR Part 13 Simplified Acquisition Procedures utilizing Lowest Priced Technically Acceptable (LPTA) factors will be used for the evaluation process. The following factors shall be used to evaluate offers:

Technical Factor #1 – Service / products must meet all the specifications spelled out in Attachment 1. All addressed specifications must be addressed. Failure to not address any of the specifications will result in the vendors quote being found unacceptable.

Technical Factor #2 – Past performance will be evaluated in accordance with FAR 13.106-2. Past Performance will be rated on an “acceptable” or “unacceptable” basis. The apparent successful, prospective contractor must have acceptable past performance. System for Award Management (SAM.gov) exclusions list, Federal Awardee Performance and Integrity Information System, and Contractor Performance Assessment Reporting System (CPARS) shall be considered as part of the past performance evaluation process. Any past performance that is found to be “negative”, shall result in the entire Past Performance rating as “Unacceptable”. “Negative” is defined as any CPARS past performance evaluation rated less than “Satisfactory”, any Terminations for Default/Cause, or any negative performance references will be rated as ‘Unacceptable’. Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.” Any past performance that is found to be “negative”, shall result in the entire Past Performance rating as “Unacceptable” making the overall Technical Acceptability as “Unacceptable”.

If an offeror receives an adjectival rating of “unacceptable” in any factor they may not be eligible for contract award.

Offeror must sign and date page 3 to acknowledge the 52.252-1 addendum along with all amendments posted to beta.sam.gov for 12305B24Q0226.

FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and no addendum has been added.

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and applicable clauses within 52.212-5 to this acquisition have been marked with an X.

Other additional FAR Clauses have been added to this synopsis/solicitation. If they are incorporated by reference in this synopsis/solicitation, use acquisition.gov to read them in their entirety.

Submittals Formats: Only Electronic submissions via email will be accepted due to Contract Specialist working remotely.

Offers are due to the Contract Specialist, Mrs. Connie Faulkner, at connie.faulkner@usda.gov by 8:00 AM (EST) 17 September 2024.

For information regarding this synopsis/solicitation, please contact Mrs. Connie Faulkner, at connie.faulkner@usda.gov. Only written submitted questions sent via email will be given a response. They will be answered via a Questions from Industry posting to sam.gov. Due to USDA-ARS operating remotely, Mrs. Faulkner is only available via email.

Notice to Offeror(s): The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred. The Government has the right to award without further discussions.

Site Visit: N/A

Questions must be submitted in writing via email to connie.faulkner@usda.gov. Questions received after September 13, 2024, may not receive a response. Responses will be posted to sam.gov in a document titled Questions from Industry. You will not receive a direct response.

mailto:connie.faulkner@usda.gov

The following solicitation issued by the United States Department of Agriculture (USDA), Agricultural Research Service (ARS), Plains Area Office (PAO) is a combined synopsis/solicitation for commercial item prepared in accordance with the format in FAR subpart 12.6 and FAR Part 13, as supplemented with additional information.

Set-Aside Requirement:

This solicitation is set aside 100% for Small Business.

This solicitation requires registration with the System for Award Management (SAM) prior to solicitation closing. Pursuant to applicable regulations and guidelines.

Registration information can be found at www.sam.gov.

NAICS CODE

The applicable NAICS Code for this procurement is 334210, with a business size of 1250 employees.

Contract Line Items (Schedule of Items)

The contract line-item schedule (quantities, etc) can be located in Attachment 02 Schedule of Items

Submission of Quote For submission of quote instructions see “INSTRUCTIONS FOR THE PREPARATION OF OFFERS (FAR 52.212-1 Addendum)” of this solicitation.

COMPLETE AND RETURN QUOTER INFORMATION

Complete, sign and return with quote the below “Quoter Information”.

Submit by email to connie.faulkner@usda.gov no later than the time identified in the sam.gov combined/synopsis solicitation posting.

QUOTER INFORMATION

Company Name: Doing Business As (DBA):

Street Address:

City: State: Zip Code:

Point of Contact (POC):

POCs Current Phone Number:

POCs Email Address:

SAM.gov Unique Entity ID #:

(Must be 12 digits)

SIGNER INFORMATION

Signature of Person Authorized to Sign Quotation Date of Quotation

Printed Name of Signer http://www.sam.gov/

52.252-2 Clauses Incorporated By Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.htm

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-6 Alternate I Restrictions on Subcontractors Sales to the Government (NOV 2021) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (NOV 2023) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023) 52.217-6 Option for Increased Quantity (MAR 1989) 52.222-25 Affirmative Action Compliance (APR 1984) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) 52.233-2 Service of Protest (SEPT 2006) 52.243-1 Changes-Fixed-Price (AUG 1987) 52.247-34 F.o.b. Destination (NOV 1991) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

(END CLAUSES BY REFERENCE)

Clauses Incorporated By Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (MAY 2024)

(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 Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

X (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712) X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) [Reserved].

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

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117- 328).

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

(11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204–30.

X (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(14) [Reserved].

https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.htm https://www.acquisition.gov/far/52.202-1 https://www.acquisition.gov/far/52.203-3 https://www.acquisition.gov/far/52.203-6 https://www.acquisition.gov/far/52.203-11 https://www.acquisition.gov/far/52.203-12 https://www.acquisition.gov/far/52.203-17 https://www.acquisition.gov/far/52.204-13 https://www.acquisition.gov/far/52.204-18 https://www.acquisition.gov/far/52.204-19 https://www.acquisition.gov/far/52.204-25 https://www.acquisition.gov/far/52.212-4 https://www.acquisition.gov/far/52.217-6 https://www.acquisition.gov/far/52.222-25 https://www.acquisition.gov/far/52.232-1 https://www.acquisition.gov/far/52.232-8 https://www.acquisition.gov/far/52.232-11 https://www.acquisition.gov/far/52.232-39 https://www.acquisition.gov/far/52.232-40 https://www.acquisition.gov/far/52.233-1 https://www.acquisition.gov/far/52.233-2 https://www.acquisition.gov/far/52.243-1 https://www.acquisition.gov/far/52.247-34 https://www.acquisition.gov/far/52.249-2 https://www.acquisition.gov/far/52.249-8 https://www.acquisition.gov/far/52.212-5 https://www.acquisition.gov/far/52.203-19 https://www.acquisition.gov/far/52.204-23 https://www.acquisition.gov/far/52.204-25 https://www.acquisition.gov/far/52.209-10 https://www.acquisition.gov/far/52.232-40 https://www.acquisition.gov/far/52.233-3 https://www.acquisition.gov/far/52.233-4 https://www.acquisition.gov/far/52.203-6 https://www.acquisition.gov/far/52.203-13 https://www.acquisition.gov/far/52.203-15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/52.204-10 https://www.acquisition.gov/far/52.204-14 https://www.acquisition.gov/far/52.204-15 https://www.acquisition.gov/far/52.204-27 https://www.acquisition.gov/far/52.204-28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30 https://www.acquisition.gov/far/52.209-6 https://www.acquisition.gov/far/52.209-9

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

(17) [Reserved]

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

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

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

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

X (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 2023) of 52.219-9.

(22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

X (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s). 1)

(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024)

( 15 U.S.C. 657f).

X (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

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

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

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

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

(ii) Alternate I (Feb 1999) of 52.222-26.

X (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

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

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

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

(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (39) (i) 52.222-50, Combating Trafficking in Persons (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).

(40) 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

(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42

U.S.C. 6962(c)(3)(A)(ii)).

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

(44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

(45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

(46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

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

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

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

2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

(iii) Alternate II (Dec 2022) of 52.225-3.

(iv) Alternate III (Nov 2023) of 52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note

(51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021)

(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. Subtitle A, Part V, Subpart G Note).

https://www.acquisition.gov/far/52.219-3 https://www.acquisition.gov/far/52.219-4 https://www.acquisition.gov/far/52.219-6 https://www.acquisition.gov/far/52.219-7 https://www.acquisition.gov/far/52.219-8 https://www.acquisition.gov/far/52.219-9 https://www.acquisition.gov/far/52.219-13 https://www.acquisition.gov/far/52.219-14 https://www.acquisition.gov/far/52.219-16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28 https://www.acquisition.gov/far/52.219-29 https://www.acquisition.gov/far/52.219-30 https://www.acquisition.gov/far/52.219-32 https://www.acquisition.gov/far/52.219-33 https://www.acquisition.gov/far/52.222-3 https://www.acquisition.gov/far/52.222-19 https://www.acquisition.gov/far/52.222-21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35 https://www.acquisition.gov/far/52.222-36 https://www.acquisition.gov/far/52.222-37 https://www.acquisition.gov/far/52.222-40 https://www.acquisition.gov/far/52.222-50 https://www.acquisition.gov/far/52.222-54 https://www.acquisition.gov/far/52.223-9 https://www.acquisition.gov/far/52.223-9 https://www.acquisition.gov/far/52.223-11 https://www.acquisition.gov/far/52.223-12 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.acquisition.gov/far/52.224-3 https://www.acquisition.gov/far/52.225-1 https://www.acquisition.gov/far/52.225-3 https://www.acquisition.gov/far/52.225-5 https://www.acquisition.gov/far/52.225-13 https://www.acquisition.gov/far/52.225-26

(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 (Nov 2007) (42 U.S.C. 5150).

X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513).

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

(57) 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. 3805).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(64) (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:

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

X (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).

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).

X (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.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).

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

(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). 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.

(d) (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub.

L. 115-91).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117- 328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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.

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

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

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

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

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

(xiv) 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.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

(xvii) 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).

(xviii) 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).

https://www.acquisition.gov/far/52.226-4 https://www.acquisition.gov/far/52.226-5 https://origin-www.acquisition.gov/far/52.226-8 https://www.acquisition.gov/far/52.229-12 https://www.acquisition.gov/far/52.232-29 https://www.acquisition.gov/far/52.232-30 https://www.acquisition.gov/far/52.232-33 https://www.acquisition.gov/far/52.232-34 https://www.acquisition.gov/far/52.232-36 https://www.acquisition.gov/far/52.239-1 https://www.acquisition.gov/far/52.242-5 https://www.acquisition.gov/far/52.247-64 https://www.acquisition.gov/far/52.222-41 https://www.acquisition.gov/far/52.222-42 https://www.acquisition.gov/far/52.222-43 https://www.acquisition.gov/far/52.222-44 https://www.acquisition.gov/far/52.222-51 https://www.acquisition.gov/far/52.222-53 https://www.acquisition.gov/far/52.222-55 https://www.acquisition.gov/far/52.222-62 https://www.acquisition.gov/far/52.226-6 https://www.acquisition.gov/far/52.203-13 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/52.203-19 https://www.acquisition.gov/far/52.204-23 https://www.acquisition.gov/far/52.204-25 https://www.acquisition.gov/far/52.204-27 https://www.acquisition.gov/far/52.219-8 https://www.acquisition.gov/far/52.222-21 https://www.acquisition.gov/far/52.222-26 https://www.acquisition.gov/far/52.222-35 https://www.acquisition.gov/far/52.222-36 https://www.acquisition.gov/far/52.222-37 https://www.acquisition.gov/far/52.222-40 https://www.acquisition.gov/far/52.222-41 https://www.acquisition.gov/far/52.222-50 https://www.acquisition.gov/far/52.222-51 https://www.acquisition.gov/far/52.222-53

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 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.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 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.

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Agriculture Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of clause)

AGAR Clauses

452.211-74 Period of Performance (FEB 1988)

The period of performance and delivery of this contract will be:

Base: 09/30/2024 – 09/29/2025 Option year 1: 09/30/2025 – 09/29/2026 Option year 2: 09/30/2026 – 09/29/2027 Option year 3: 9/30/2027 – 09/29/2028

Option year 4: 9/30/2028 – 09/29/2029

452.246-70 Inspection and Acceptance

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. (b) Inspection and acceptance will be performed at delivery location.

DELIVERY ADDRESS:

NEA BELTSVILLE AGRICULTURAL RESEARC

10300 BALTIMORE AVENUE

BLDG 003, RM 231, BARC-WEST

BELTSVILLE MD 20705

AGAR 452.204-70, Modification for Contract Closeout (DEVIATION JUNE 2024)

“Upon contract closeout for contracts utilizing anything other than cost reimbursement:

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and/or Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the CO within 120 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.”

(End of clause) https://www.acquisition.gov/far/52.222-54 https://www.acquisition.gov/far/52.222-55 https://www.acquisition.gov/far/52.222-62 https://www.acquisition.gov/far/52.224-3 https://www.acquisition.gov/far/52.224-3 https://www.acquisition.gov/far/52.225-26 https://www.acquisition.gov/far/52.226-6 https://www.acquisition.gov/far/52.232-40 https://www.acquisition.gov/far/52.247-64 https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses#Section_452_211_74_T48_4021851196 https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses#Section_452_246_70_T48_40218511942

ATTACHMENTS

ATTACHMENT NO. TITLE

Attachment 01 Specifications Attachment 02 Wage Rates

INVOICES: To invoice, a vendor must first enroll in the Invoice Processing Platform (IPP) by visiting https://www.ipp.gov/vendors/index.htm. Once enrolled, all invoices must be submitted electronically through IPP. The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours.

Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

• E-mail notification when invoice(s) are paid

• Online payment history

• Remittance download

E-mail notifications of payments are sent when a payment is distributed to your bank account and will include all pertinent payment information. The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is (866) 973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov https://www.ipp.gov/vendors/index.htm mailto:IPPCustomerSupport@fms.treas.go

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar (FAR) http://www.dm.usda.gov/procurement/policy/agar.htm (AGAR)

FAR 52.252-5 – Authorized Deviations in Provisions (NOV 2020) As prescribed in 52.107(e), insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert “(DEVIATION)” after the date of the provision.

Authorized Deviations in Provisions (Nov 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Department of Agriculture provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of provision)

CONTRACT PROVISIONS INCLUDED BY REFERENCE:

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements Representation. (JAN 2017) 52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-20 Predecessor of Offeror (AUG 2020) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.204-24 Representation Regarding Certain Telecommunication and Video Surveillance Services or Equipment (NOV 2021) 52.204-26 Covered Telecommunications Equipment or Services Representations (OCT 2020) 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.

52.209- 2 Prohibition On Contracting With Inverted Domestic Corporations--Representation (NOV 2015) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or Felony Conviction (FEB 2016) 52.211-6 Brand Name or Equal (AUG 1999) 52.212-1 Instructions to Offerors -- Commercial Items (Sep 2023) 52.215-1 Instructions to Offerors-Competitive Acquisition (NOV 2021)

52.217-5 Evaluation of Options (JUL 1990) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (DEC 2016)

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification (AUG 2009) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certification (JUN 2020)

452.219-70 Size Standard and NAICS Code Information. (SEP 2001) The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All -- NAICS Code 334210 -- Size Standard 1250 employees

INSTRUCTIONS FOR THE PREPARATION OF OFFERS (FAR 52.212-1 Addendum) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 and FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Offerors shall provide all requested information referenced in this section. Failure to provide all requested information may result in the proposal not being considered for further evaluation.

Solicitation documentation and any issued amendments will be posted to https://sam.gov/. This the only official location where these documents can be obtained and where updates are posted. No hard copy solicitation materials are available.

All questions must be in the form of email to connie.faulkner@usda.gov

Offers shall submit required documents via email ONLY to connie.faulkner@usda.gov.

OFFER SUBMISSION DOCUMENTS

1. Quoter Information: Completed and signed “Quoter Information” (page 2 of this Solicitation).

2. Quote pricing document: Contractor Quote pricing document. Document shall provide detailed pricing breakout in accordance with the CLIN structure and items requested. This shall include equipment, material, shipping, delivery, etc. Offerors shall provide a firm fixed price for CLIN 0001. Offers shall not present a quote full of options or additional “recommendations” that cannot be evaluated. Offerors shall present their configuration based upon the specifications required. Offers that fail to provide firm fixed price will not be evaluated.

3. Authorized Vender/Retailer or Manufacturer verification. No third party or pass through offers will be accepted. Offerors shall submit a written/signed letter from a manufacturer they are authorized to sell the product.

4. Complete submission of 52.225-2 Buy American Certificate Provision on Page 8. If the product being offered is Made in America, offeror shall place “N/A, Not Applicable or leave blank” in paragraph b. If the product is manufactured outside of the Unites States, please enter that country in paragraph b.

https://www.acquisition.gov/far/52.252-1 https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.htm https://www.acquisition.gov/far/52.252-5 https://www.acquisition.gov/far/52.203-18 https://www.acquisition.gov/far/52.204-7 https://www.acquisition.gov/far/52.204-16 https://www.acquisition.gov/far/52.204-17 https://www.acquisition.gov/far/52.204-20 https://www.acquisition.gov/far/52.204-22 https://www.acquisition.gov/far/52.204-24 https://www.acquisition.gov/far/52.204-26 https://www.acquisition.gov/far/part-52#FAR_52_204_29 https://www.acquisition.gov/far/52.209-2 https://www.acquisition.gov/far/52.209-11 https://www.acquisition.gov/far/52.211-6 https://www.acquisition.gov/far/52.212-1 https://www.acquisition.gov/far/52.215-1 https://www.acquisition.gov/far/52.217-5 https://www.acquisition.gov/far/52.222-22 https://www.acquisition.gov/far/52.223-22 https://www.acquisition.gov/far/52.225-20 https://www.acquisition.gov/far/52.225-25 https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses#Section_452_219_70_T48_40218511918 https://www.acquisition.gov/far/52.212-1 https://sam.gov/ mailto:connie.faulkner@usda.gov

5. Offerors proposing to furnish an “equal” product, in accordance with the “Brand Name or Equal” provision of this solicitation, shall provide the following information for each offered “equal” product:

Contract Line Item Number (if any):

Brand Name or Equal Product identified by the Government in this solicitation:

Offered Product Name:

Catalog Description or part number:

Manufacturer's Name:

Manufacturer's Address:

Offerors shall submit any and all additional information on the above “equal” product necessary for the Contracting Officer to determine whether the product offered meets the “brand name or equal” product's salient characteristics listed in the solicitation.

6. All submissions shall be timely and submitted in .pdf or Microsoft Office formats and emailed to the Contract Specialist below. They may be submitted as individual files or submitted as one consolidated file. The total submitted package shall not exceed a file size of 20MB.

FAR 52.212-2 Evaluation -- Commercial Items (NOV 2021) (Addendum)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Lowest Price Technically Acceptable

Evaluation Methodology

In accordance with FAR Part 13 the Government will award a firm fixed price contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest Price Technically Acceptable (LPTA), evaluation method. Under this process the offers are laid out in price from lowest to highest, and then the technical evaluation is performed on lowest priced offer. If the offer is technically acceptable award is made, if the offer is not technically acceptable then the next lowest is evaluated. This process is worked until the LPTA offeror is identified, as described in the below criteria. Offers that are higher in price than the LPTA offeror will not be evaluated.

Technically Acceptable offer is defined as:

Technical Acceptability is defined as:

1) Meeting all requirements as defined in the solicitation, to include submission of all Quote submission documents referenced in Instructions for the Preparation of Offers (FAR 52.212-1 Addendum). Failure to submit ANY of the required document listed in “Offer Submission Documents (52.212-1 Addendum)” will render your quote non-responsive and thus not eligible for award. Failure to acknowledge any and all amendments will render your quote non-responsive and thus not eligible for award.

2) An offeror clearly identified the “equal” item being offered by illustrating how that item meets the salient characteristics requirements of the Government. Offerors shall comply with all aspects of AGAR clauses 452.211-70 Brand Name or Equal and 452.211-71 Equal Products Offered.

3) Authorized Vendors and Manufacturers. Offerors shall submit a written/signed letter from a manufacturer they are authorized to sell the product. This requirement will ensure that devices are not counterfeit or adulterated devices, have maintained adequate storage conditions, and any warranties and service and/or maintenance agreements are transferred and will be honored by the offeror. Offerors that are 3rd party or pass through will not be accepted. The Contracting Officer will call the manufacturer provided by the offeror to get assurance the authorization is legitimate. Offerors simply obtaining a quote or email correspondence from a manufacturer will not suffice for this requirement and will be found non-responsive.

4) Offeror shall submit a completed FAR Provision 52.225-2. Failure to submit this shall render your quote non-responsive and thus not eligible for award.

5) Offers shall provide a firm fixed price for CLIN 0001. Offerors that submit options and do not fully price out their quote will be found not acceptable. Offers shall not present a quote full of options or recommendations that cannot be evaluated equally among competing offerors. Offerors shall present their configuration based upon the specifications required, and not offer any priced options. Offers that fail to provide firm fixed price will not be evaluated.

6) Acceptable rating in “Past Performance”.

Past performance will be evaluated in accordance with FAR 13.106-2. Past Performance will be rated on an “acceptable” or “unacceptable” basis.