Combined Synopsis Solicitation 12314426Q0277.pdf

OceaView LoRaWAN gateway Hardware Solicitation Number 12314426Q0277

Statement of Requirement USDA requires OceaView LoRaWAN gateway hardware to support National Bio and Argo Defense Facility (NBAF) OceaView monitoring ecosystem. Gateways must be OEM-provisioned with proprietary OceaView firmware, necessary for integration with OceaView, OCEAlert, and OceaFog platforms.

Brand-Specific Item Item: OceaView LoRa Gateway OS System – No Cellular

SKU: OS-GSR.REC.5019

OEM: SafePoint Scientific Quantity: 16 EA Rationale: Only OEM-provided hardware permits full compatibility with NBAF’s containment monitoring ecosystem.

Schedule of Items -

CLIN Description Qty Unit Unit Price Extended Price 0001 OceaView LoRa Gateway OS System – No Cellular (SKU

OS-GSR.REC.5019)

16 EA

0002 Shipping (FOB Destination) 1 EA

Total Price $________________________

All items must have clear traceability to the Original Equipment Manufacturer (OEM), SafePoint Scien c LLC UEI:

UL4KQ15D6MG3). Traceability means a clear, complete, documented, and auditable paper trail tracing each step from clause 52.246-15.

COC,

Alternate Parts will be authorized if they are an

Technical Data No Government-

OS- .

traceability and all req -15.

1.

A - Statement ederal cquisi on Re ula on R) and United States Department of riculture cquisi on Re ula on G R) Clauses and Provisions

The . Acceptance of the order in accordance with (IAW) FAR 12.201-

52.252-2 Clauses Incorporated by Reference Feb 1998

Also, the full text of the clause may be accessed electronically at Internet address - -part- - -overhaul-part-52

52.212-4 —Commercial Products and Commercial Services (Nov 2025) Alternate I (Nov 2025) of 52.212-4 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19

(Jan 2017) 52.222-50 Persons (Nov 2025)

Alternate I (Nov 2025) of 52.222-50 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91

Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The follo in clauses are applicable if checked:

52.204-13 System for Award Management—Maintenance (Nov 2025) 52.209-10 (Sep 2025)

Alternate I (Mar 2020).

52.222-19 Child Labor— 52.225-1 Buy American-Supplies (Nov 2025)

Alternate I (Oct 2022) of 52.225-1

Other Applicable Clauses

52.246-15 (Apr 1984) 52.247-34 (Jan 1991)

AGAR Clauses

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (May 2026)

(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

(2) Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S.

Constitution, and the contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

AGAR 452.203-72 Unenforceable Supplier Terms (MAY 2026)

(a) Definitions.

Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding

1. Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.

2. Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract must govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms must be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.

(d) Unenforceable Terms. Any supplier terms that impose obligations or restrictions inconsistent with applicable not limited to, any claus

(1) Requires the Government to pay future fees, penalties, interest, legal costs, early-termination fees, cancellation fees, minimum purchase commitments, true-up payments, seat-count minimums, usage minimums, continued-use charges, or any other financial obligation not expressly authorized by the contract.

(2) Requires the Government to indemnify the contractor or any other entity.

(3) Restricts the Government’s ability to obtain similar supplies or services from another source.

(4) Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.

(5) Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application.

(6) Requires dispute resolution in a forum or venue other than one prescribed by applicable Federal law.

(7) Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law.

(8) Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit Government data, usage data, or metadata.

(9) Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.

(10) Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law.

(11) monitoring, penetration testing, or other technical or security measures.

(12) Permits the supplier to suspend, degrade, or terminate access to products or services based on alleged non-payment, alleged breach, automated security triggers.

(13) Limits the Government’s right to use, install, access, test, evaluate, or transfer the licensed product or service in any manner consistent with the contract and Federal law.

(14) Requires the Government to store, process, maintain, or transmit data in a particular geographic location, or permits the supplier to transfer Government data outside the United States, except as expressly authorized by applicable Federal law.

(15) similar purposes.

(16) Incorporates by reference, or requires the Government to accept, terms or conditions imposed by any third party, subcontractor, or upstream service provider, unless such terms are expressly incorporated into the contract by bilateral modification.

(17) Limits, conditions, or negates the contractor’s performance obligations, service levels, or remedies through a supplier-provided service level agreement (SLA).

(18) Uses Government data, usage data, metadata, prompts, content, or interactions to train, fine-tune, improve, or derive any artificial intelligence, machine learning, or automated decision-

(19) Subjects the Government to automated decision-moderation, or any algorithmic process that may affect access, performance, or rights under the contract.

(20) Utilizes artificial intelligence or algorithmic tools that produce decisions, recommendations, or outputs affecting contract performance without providing transparency, explainability, auditability, and bias-mitigation consistent with applicable Federal law and policy.

(21)

(e) Non-binding Actions. Neither the Government nor any Government authorized end user is deemed to have consented to any term, condition, or clause by virtue of its inclusion in the supplier agreement or through the use of

Government or its authorized end users to any unenforceable terms.

(f) End user. The supplier agreement must bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it must not bind or impose personal liability on any Government employee or any person acting on behalf of the Government in their personal capacity.

(g) Law and disputes. The supplier agreement is governed by Federal law.

(h) Statutory exception. This clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

granted to the Government except as allowed by the contract. If the supplier or licensor believes the ordering activity to be in breach of the supplier agreement, it must pursue its rights under the Contract Disputes Act or other applicable Federal statute while proceeding diligently with performance, pending final resolution of any dispute in accordance with the Disputes Clause at FAR 52.212-4(d) or FAR 52.233-1, as applicable.

(j) Arbitration. Binding arbitration must not be used unless specifically authorized by agency guidance.

may be awarded against the United States Government only when explicitly provided by statute (e.g., the Prompt Payment Act or the Equal Access to Justice Act).

(l) Revisions to supplier agreements. Any revisions to the supplier agreement must be incorporated into the contract using a bilateral modification. Unilateral revisions are not binding on the Government.

(m) No automatic renewals. If any license or service tied to periodic payment is provided under the supplier agreement (e.g., annual software maintenance or annual lease term), such license or service must not renew automatically upon expiration of its current term without prior express written consent from an authorized Government representative.

(n) Indemnification. Any clause of the supplier agreement requiring the supplier or licensor to defend or indemnify the end user is amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

as end user will be governed by the terms of the associated Government contract or order and must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed otherwise.

(p) Non-assignment. The supplier agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval, except as expressly permitted by FAR 52.212-4(b) or FAR 52.232- 23, as applicable.

(q) Confidential information. If the supplier agreement includes a confidentiality clause, such clause is amended to

Issues regarding r Notwithstanding anything in the supplier agreement to the contrary, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory, or the confidentiality obligations of the supplier agreement.

(r) Conflict with Federal law. If any other language, provision, or clause of the supplier agreement conflicts or is inconsistent with Federal law or the terms and conditions of this contract, such language, provisions, or clauses will be considered null and void and will not be binding on the United States Government.

(End of Clause)

452.204–70 is not required and proceed with closeout once performa

(c) For all other non-commercial or non–cost-reimbursement contracts, if more than $1,000 in unliquidated funds requiring contractor signature. If these documents are not return payment.

(End of Clause)

Solicita on Informa on

Award Type

- -price purchase order n.

all items.

Evalua on and Basis for Award

This is a single- -1(b)(1)(i). The provision at FAR 52.212-2 is not applicable. Award will be made to the only responsible source capable of providing OEM-authorized OceaView reasonable pricing in accordance with FAR 12.204 and may consider past performance to

Delivery Informa on

, is requested as the F.O.B. point for all deliverables.

All o ers will be considered F.O.B. Des na on unless F.O.B. ori in is speci ed AND es mated shippin costs are included.

Required Delivery Date:

Early Deliveries:

Early deliveries are accepted.

Shippin Instruc ons:

N Bio & Agro-Defense Facility, USDA 1200 Krestchmer Dr. Suite 100

Noncompe ve Contract Ac on

- -1(b)(1)(i). The intended

LoRaWAN Gateway OS System – No Cellular (SKU OS-GSR.REC.5019) must be OEM-provisioned with proprietary

Quali ca on Requirements O erors or the product or service are not required to meet a quali ca on requirement to be eli ible for award.

This procurement is conducted under FAR 13.106- -

-GSR.REC.5019) with required

OEM-

52.252-1 Solicita on Provisions Incorporated by Reference Feb 1998

-part- - -overhaul-part-52

52.212-1 Instruc ons to O erors - Commercial Products and Commercial Services Nov 2025) -1. Because this is a single-source procurement under FAR 13.106-

1. Quote Submission

Pricing for all line items (CLIN 0001 and CLIN 0002).

Valid SAM UEI.

30 days ote electronically by the due date.

September 8 at 11:00 AM Central Time.

2. Format

PDF.

bindings are unnecessary.

3. Exceptions quote non-responsive.

52.203-18 Agreements or Statements-

52.209-2 - (Sep 2025)

52.209-11 (Sep 2025)

52.240-90

The followin provisions are applicable if checked:

52.204-7 System for Award Management—

Alternate I (Nov 2025) to 52.204-7 AGAR Provisions 452.203-70 -

(1) -

(2) Neither it nor any proposed subcontractor or teaming partner operates or funds any program, policy, or but not limited to Title VI and VII of colleges, univers -H programs, non- -nt

Merit-Based Opportunity.

and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, an funding under the contract absent compliance with the above requirements.

requirements to this contract.

criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(End of Provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of A riculture USDA) Protest Procedures procedures.

Tier 1: Contrac n O cer Concern Resolu on

Submission:

understand and assess the issue.

Process:

Review Timeline:

days of receiving the concern.

E ect on Award or Performance:

Next Steps:

2.

Tier 2: A ency Protest

Required Informa on: -4 (a)(3). Failure to submit the

Submission: SPE.inquiry@usda.gov

Timeliness:

E ect on Award or Performance: Contract awards or performance will be suspended during the protest period unless

Review Timeline: USDA strives to resolve agency-level protests within 35 business days of receipt.

Elec on of Forum:

gency protest will be dismissed.

Ques ons: