Combined Synopsis Solicitation - Biodegradable Nitrile Gloves.doc

Combined Synopsis Solicitation No. NARA-883103-23-Q-00053

Biodegradable Nitrile Gloves

Combined Synopsis Solicitation No. NARA-883103-23-Q-00053

Biodegradable Nitrile Gloves

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is NARA-883103-23-Q-00053 and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 effective March 16, 2023. This is an unrestricted requirement under NAICS code 339113, Surgical Appliance and Supplies Manufacturing. CONTRACT LINE ITEM NUMBER(S): See Attachment 1, Schedule of Prices. REQUIREMENT: The National Archives and Records Administration (NARA) has an indefinite delivery, indefinite quantity (IDIQ) requirement for biodegradable nitrile gloves. The minimum guaranteed award amount for this IDIQ contract is $1,000.00 for the full term of the contract. The exercise of an option period does not re-establish the contract minimum. PERIOD OF PERFORMANCE: The period of performance will consist of a base year and four option years. The following Federal Acquisition Regulation (FAR) clauses are incorporated and are to remain in full force in any resultant contract, with the exception of FAR provisions which will be removed prior to award: FAR 52.212-1. Instructions to Offerors - Commercial Items (Mar 2023). Addenda: Delete paragraph (h), Multiple Awards. - see below for additional quotation submission instructions. EVALUATION (In lieu of FAR 52.212-2): Evaluation and award will be in accordance with Simplified Acquisition Procedures at FAR Subpart 13.106, Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation authorized by FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. Selection of the Contractor to perform this contract will be based on NARA’s assessment of the best overall value to the Government. Accordingly, best value for this procurement will be obtained through a lowest price technically acceptable evaluation. Exceptions taken to any terms and conditions stated in the RFQ must be clearly outlined on a separate page of the Contractor’s quotation entitled “Exceptions.” The Contractor must also include complete rationale, justification, and the cost impact of each exception noted. The Government reserves the right to make an award on the initial quotation without discussions of this procurement. For evaluation purposes, the Total Contract (Base Year Plus Option Years) Ceiling Price plus half of the Total Option Year IV Contract Ceiling Price will be used to determine the lowest price. The Total Firm Fixed Price for each contract line item will be determined by multiplying the Max Qty (Maximum Quantity) by the Firm Fixed Unit Price. The Total Contract Ceiling Price for each performance year will be determined by summing the Total Firm Fixed Price for each contract line item in that performance year. The Total Contract (Base Year Plus Option Years) Ceiling Price will be determined by summing the Total Contract Ceiling Price of all performance years. The resultant contract will include FAR 52.217-8, Option to Extend Services. The Total Option Year IV Contract Ceiling Price will be divided in half and added to the Total Contract (Base Year Plus Option Years) Ceiling Price. The resultant contract will include FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000). The contract will be for a base year plus four, 12-month option years. The evaluated Total Contract (Base Year Plus Option Years) Ceiling Price will be determined by summing the Total Contract Ceiling Price of all performance years and half of the Total Option Year IV Contract Ceiling Price. Contractors must provide pricing (USD) for each CLIN. FOB destination pricing is required. Multiple awards will not be made under this solicitation. Failure to submit any of the required information and documentation with the quotation may result in rejection of the quotation. FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Dec 2022) - The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Dec 2022) – see Attachment 5, Additional NARA Terms and Conditions (Addenda to FAR clause 52.212-4). FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Mar 2023) - see Attachment 6, FAR Clauses for the full text of this clause and for additional applicable FAR clauses. Full text provisions and clauses can be found at https://www.acquisition.gov.

QUESTIONS: Questions regarding this RFQ must be submitted in writing to the Contract Specialist, Cynthia Jones, at cynthia.jones@nara.gov no later than 12:00 p.m. eastern time on May 17, 2023 to be considered. Questions submitted in any other manner will not be answered. The Government will answer questions or requests for clarification via a written RFQ amendment.

QUOTATION DUE DATE: Quotations must be received by 12:00 p.m. eastern time on

May 26, 2023. Failure to submit quotations by the due date and time may result in rejection of the quotation as untimely. Contractors submitting via e-mail are cautioned to allow one extra business day for delivery and confirm receipt of quotation as the e-mail will need to pass through IT security.

QUOTATION SUBMISSION INSTRUCTIONS: NARA requests that contractors email their quotation to: cynthia.jones@nara.gov.

Please ensure to include the following attachments with your quotation:

-Attachment 1, Schedule of Prices (Prices must be submitted on the Schedule of Prices) -Attachment 4, RFQ Information Sheet -The Representations at FAR 52.204-24 must be completed -The Representations at FAR 52.204-26 must be completed See Attachment 6, FAR Clauses, numbers VII and VIII. The Representations are highlighted in yellow for your convenience.

-Brochures, Specifications, etc., for the product quoting

ATTACHMENT 1

SCHEDULE OF PRICES

Base Year – Months 1 - 12

QTY

MAX

QTY

UNIT

PRICE

TOTAL FIRM FIXED PRICE

Size Extra Small

Not to Exceed Price

Size Small

Not to Exceed Price

Size Medium

Not to Exceed Price

Size Large

Not to Exceed Price

Size Extra-Large

Not to Exceed Price

OPTION YEAR I – Months 13-24

QTY

MAX

QTY

UNIT

TOTAL FIRM FIXED PRICE

Size Extra Small

Not to Exceed Price

Size Small

Not to Exceed Price

Size Medium

Not to Exceed Price

Size Large

Not to Exceed Price

Size Extra-Large

Not to Exceed Price

OPTION YEAR II– Months 25-36

QTY

MAX

QTY

UNIT

TOTAL FIRM FIXED PRICE

Size Extra Small

Not to Exceed Price

Size Small

Not to Exceed Price

Size Medium

Not to Exceed Price

Size Large

Not to Exceed Price

Size Extra-Large

Not to Exceed Price

OPTION YEAR III – Months 37-48

QTY

MAX

QTY

UNIT

TOTAL FIRM FIXED PRICE

Size Extra Small

Not to Exceed Price

Size Small

Not to Exceed Price

Size Medium

Not to Exceed Price

Size Large

Not to Exceed Price

Size Extra-Large

Not to Exceed Price

OPTION YEAR IV – Months 49-60

QTY

MAX

QTY

UNIT

TOTAL FIRM FIXED PRICE

Size Extra Small

Not to Exceed Price

Size Small

Not to Exceed Price

Size Medium

Not to Exceed Price

Size Large

Not to Exceed Price

Size Extra-Large

Not to Exceed Price

Note: NARA will evaluate submitted pricing in accordance with FAR 52.217-5.

ATTACHMENT 2

SPECIFICATIONS

FOR

BIODEGRADABLE NITRILE GLOVES

I. SCOPE

The National Archives and Records Administration (NARA) requires Nitrile Gloves that are 100% biodegradable for handling sensitive records. The gloves will be used by the public in the Research Rooms and by the staff processing these records. NARA requires gloves in five sizes to ensure proper fit and proper handling of the records.

II. REQUIREMENTS

The National Archives and Records Administration (NARA) requires Biodegradable Nitrile Gloves in five sizes for handling sensitive records.

1. 100% nitrile gloves

2. 100% biodegradable

3. Available in the following sizes:

a. Extra-Small

b. Small

c. Medium

d. Large

e. Extra-Large

4. Gloves must be between 3 and 5-mil thick

5. No rubber latex proteins are permitted

6. Powder-Free

7. Rolled Cuff

8. Gloves must be in boxes with dispenser holes on the top. Boxes of gloves must be no larger than 5.5"W x 10"H x 3.75"D

9. No residue deposition or transfer is present when rubbing a copper and silver coupon vigorously with a new glove. This residue could be harmful to holdings over time.

10. No more than 1 in 10 gloves may rip, tear, or split when put on.

III. RESPONSIBILITY FOR TESTS

The Contractor is responsible for quality control to ensure the specifications of this contract are met. NARA reserves the right to perform quality assurance at any time during the contract where such tests are deemed necessary to assure that supplies and services conform to the specifications. Therefore, one sample of at least 10 gloves in each glove size purchased shall be sent to the Contracting Officer’s Representative within 14 calendar days from contract effective date.

IV. PACKAGING AND IDENTIFICATION

Packaging. The gloves must be packed in boxes for easy dispensing with a dispenser hole in the top of the box. The boxes must be shipped in a protective container and arrive uncrushed and free from tears or rips.

Marking. The outside of each packing container must be legibly marked with the following information: the delivery order number and the number of boxes of gloves of each size packed in the container. The boxes of gloves must indicate the number of gloves in the box. The boxes of gloves must indicate the size of gloves in each box. Any expiration date on the boxes of gloves must be at least one year away from the date of shipping.

V. DELIVERY

Delivery must be undertaken during regular business hours, Monday through Friday. Delivery of specified quantities will be made to specified destinations defined in each delivery order. Deliveries may be made to the shipping destinations listed on Attachment 3. Addresses are subject to change or new locations may be added.

ATTACHMENT 3

SHIPPING DESTINATIONS

Deliveries may be made to all NARA sites. Shipping destinations are below. All Delivery Orders will include a NARA Point of Contact (POC).

National Archives at College Park

3301 Metzerott Road

College Park, MD 20740

Delivery Hours: Mon-Fri 9:00 AM-3:00 PM National Archives Building

Loading Dock

7th & Pennsylvania Ave., (R)

Washington, DC 20408 (see Note 1)

Delivery Hours: Mon-Fri 9:00 AM-3:00 PM

National Archives at Waltham

380 Trapelo Road

Waltham, MA 02154

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM National Archives at New York

1 Bowling Green

New York, NY 10004 Delivery Hours: Mon-Fri 9:30 AM-2:30 PM

John F. Kennedy Library

Columbia Point

Boston, MA 02125

Delivery Hours: Mon-Fri. 9:30 AM-2:30 PM Franklin D. Roosevelt Library

4079 Albany Post Road

Hyde Park, NY 12538

Delivery Hours: Mon-Fri. 9:30 AM-2:30 PM

National Archives at Philadelphia

14700 Townsend Road

Philadelphia, PA 19154-1025

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM National Archives at Atlanta

5780 Jonesboro Road

Morrow, GA 30260-3087

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM

Jimmy Carter Library

441 Freedom Parkway

Atlanta, GA 30307

Delivery Hours: Mon-Fri. 9:30 AM-2:30 PM Gerald R. Ford Library

Library: 1000 Beal Avenue

Ann Arbor, MI 48109

Delivery Hours: Mon-Fri. 9:30 AM-2:30 PM

Herbert Hoover Library

210 Parkside Drive

West Branch, IA 52358

Delivery Hours: Mon-Fri. 9:30 AM-2:30 PM National Archives at Chicago

7358 South Pulaski Road

Chicago, IL 60629

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM

Dwight D Eisenhower Library

200 Southeast Fourth Street

Abilene, KS 67410

Delivery Hours: Mon-Fri. 9:30 AM-2:30 PM Barack Obama Library

2500 West Golf Road

Hoffman Estates, IL 60169

Delivery Hours: 9:00 am - 3:00 pm

National Personnel Records Center

Archival Operations – St. Louis

1 Archives Drive

St Louis, MO 63138

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM National Archives at Denver

17101 Huron Street

Broomfield, CO 80023-8909

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM

National Archives at Kansas City

400 West Pershing Drive

Kansas City, MO 64108

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM Kansas City Federal Records Center

8600 NE Underground Drive

Pillar 300-G

Kansas City, MO 64161

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM

National Archives at Fort Worth

1400 John Burgess Drive

Fort Worth, TX 76140

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM William J. Clinton Library

1200 President Clinton Avenue

Little Rock, AR 72201

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM

Lyndon Baines Johnson Library

2313 Red River Street

Austin, TX 78705

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM George Bush Library

1000 George Bush Drive West

College Station, TX 77845

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM

National Archives at Seattle

6125 Sand Point Way, NE

Seattle, WA 98115

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM George W. Bush Library

2943 SMU Boulevard

Dallas, TX 75205

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM

National Archives at Riverside

23123 Cajalco Road

Perris CA 92570

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM National Archives at San Bruno

1000 Commodore Drive

San Bruno CA 94066

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM

Richard Nixon Library

18001 Yorba Linda Boulevard

Yorba Linda, CA 92886

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM Ronald Reagan Library

40 Presidential Drive

Simi Valley, CA 93065

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM

Harry S. Truman Library

500 W. U.S. Hwy 24

Independence, MO 64050

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM Donald J. Trump Library

700 Pennsylvania Avenue, NW, Room G-7

Washington, DC 20408-0001 (see Note 1)

Delivery Hours: Mon-Fri 9:00 AM-3:00 PM

NOTE TO CONTRACTOR:

1. At Delivery Location: National Archives – 7th & Pennsylvania Ave., NW Washington DC, low boy trailers cannot get into garage.

ATTACHMENT 4

RFQ INFORMATION SHEET

Failure to provide the TAA Country of Production will result in no further consideration of the quotation. Contractors must complete all applicable information on this sheet and submit it with their quotation. Failure to do so may render the quotation unacceptable for receipt of the order.

Statutory/Regulatory Compliance

TRADE AGREEMENT ACT COUNTRY OF PRODUCTION:_____________________

Specific Terms, Conditions, and Administrative information

PAYMENT TERMS: _________________________________________________

DELIVERY DATE: _____________________________________________________

WARRANTY INFORMATION: ___________________________________________

NAME AND ADDRESS OF QUOTER:

TELEPHONE NO (INCLUDE AREA CODE): __________________________

FAX NUMBER: ___________________________

E-MAIL ADDRESS:

ENROLLED IN SYSTEM FOR AWARD MANAGEMENT? Yes____ No____

CAGE CODE NUMBER: _____________________________________________

UNIQUE ENTITY ID: ________________________________________________

Vendor Certification: [By signing the Contractor acknowledges that the information provided in response to this RFQ is correct.]

NAME AND TITLE OF SIGNER: __________________________________

DATE OF QUOTATION: ___________________________________

SIGNATURE OF PERSON AUTHORIZED TO SIGN: ______________________________

ATTACHMENT 5

ADDITIONAL NARA TERMS AND CONDITIONS

(Addenda to FAR clause 52.212-4)

I. GOVERNMENT CONTRACT ADMINISTRATION

A. This contract will be administered by:

National Archives and Records Administration

Office of the Chief Acquisition Officer, Code Z

8601 Adelphi Road, Room 3340

College Park, MD 20740-6001

B. Contract Specialist (CS):

Cynthia Jones

Telephone: 301-837-1860

Email: cynthia.jones@nara.gov

The Contracting Officer (CO) has the overall responsibility for the administration of this contract. Written communication to the Contract Specialist (CS) must make reference to the contract number and must be emailed or mailed with postage prepaid, to the above address.

C. Contracting Officer (CO):

Any Z Warranted CO

The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from contract payments for non-performance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding delivery questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

II. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A. COR: See award document

B. The individual named above is designated as the Contracting Officer’s Representative (COR) to assist the CO in the discharge of the CO’s responsibilities. The COR serves as the point of contact through which the Contractor can relay questions or problems of a technical nature to the Contract Specialist and the Contracting Officer. The COR is responsible for the inspection and acceptance of the contract requirements and for the review and certification of invoices for the contract requirements.

C. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government.

D. When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract, the Contractor must promptly notify the Contracting Officer in writing.

E. No action will be taken by the Contractor under such technical instruction unless the Contracting Officer has issued a contractual change.

III. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). IPP is a secure web-based electronic invoicing and payment information system. This service is provided by the U.S. Treasury’s Bureau of the Fiscal Service free of charge to federal agencies and contractors. IPP allows contractors to view information regarding their contracts and orders, electronically submit invoices and view payment information.

"Payment request" means any request for contract financing payment or invoice payment by the vendor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts.

The IPP website address is: https://www.ipp.gov.

Invoices shall be submitted after Government’s acceptance of all deliverables. The invoice shall contain information required by FAR 52.212-4(g). Under this order, the following documents are required to be submitted as an attachment to the IPP invoice:

Contractor Invoice to include:

1. Award number

2. CLIN//Item number of deliverable

3. Description of deliverable

4. Price of deliverable

5. Quantity of deliverable

6. Date deliverable was provided to the Government for inspection, if applicable

7. Serial number/part number, if applicable The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Customer Support Helpdesk by sending an email to

IPPCustomerSupport@fiscal.treasury.gov or by phone on (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer when they submit their quotation.

IV. DELIVERY

Delivery times shall be within 45 days after receipt of order. Delivery shall be made during regular business hours, Monday through Friday, unless mutually agreed upon by NARA and the Contractor. Delivery of specified quantities shall be made to specified destinations defined in each delivery order. Deliveries shall be made to the shipping destinations listed on

Attachment 3, Shipping Destinations. Addresses are subject to change or new locations may be added.

Items shall be shipped FOB Destination to all NARA sites as shown on delivery orders. The Contractor shall be responsible for risk of loss and any damages to items during shipment (see FAR 52.212-4(j)).

V. PACKAGING AND IDENTIFICATION

The gloves must be packed in boxes for easy dispensing with a dispenser hole in the top of the box. The boxes must be shipped in a protective container and arrive uncrushed and free from tears or rips.

The outside of each packing container must be legibly marked with the following information: the delivery order number and the number of boxes of gloves of each size packed in the container. The boxes of gloves must indicate the number of gloves in the box. The boxes of gloves must indicate the size of gloves in each box. Any expiration date on the boxes of gloves must be at least one year away from the date of shipping.

VI. RESPONSIBILITY FOR TESTS

The Contractor is responsible for quality control to ensure the specifications of this contract are met. NARA reserves the right to perform quality assurance at any time during the contract where such tests are deemed necessary to assure that supplies and services conform to the specifications. Therefore, a sample of at least 10 gloves in each glove size purchased shall be sent to the Government at National Archives at College Park, Attn: TBD, 3301 Metzerott Road, Room 3400, College Park, MD, 20740 for first article tests. First article samples shall be sent within 14 calendar days from contract effective date. The shipping documentation shall contain the contract number.

VII. MINIMUM CONTRACT GUARANTEE AND MAXIMUM CONTRACT CEILING

(a) Minimum. The minimum guaranteed award amount for this IDIQ contract is $1,000.00 for the full term of the contract. The exercise of the option period does not re-establish the contract minimum. Should the contract expire or be unilaterally terminated for convenience by the Government without the Contractor receiving the minimum guaranteed award amount, the Contractor may present a claim to the Contracting Officer for an amount not to exceed the minimum guaranteed award amount. The minimum guaranteed award amount is not applicable if the contract is terminated for default or is bilaterally canceled by the parties. The Contractor has one year after contract termination or expiration to submit their claim to the Contracting Officer or waives entitlement.

(b) Maximum. The maximum contract ceiling value of this contract is established at (TBD).

(c) The Government has no obligation to issue Delivery Orders to the Contractor beyond the amount specified in paragraph (a).

ATTACHMENT 6

FAR CLAUSES

I.

IMPORTANT INFORMATION FOR CONTRACTORS: Depending on the final results of the award, the resulting order from this solicitation will include some or all of the following FAR clauses:

FAR 52.212-1, Instructions to Offerors—Commercial Item (Mar 2023); FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Dec 2022) – An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically, the offeror shall complete only paragraphs (c) through (v) of this provision; FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Dec 2022) -- see Attachment 5, Additional NARA Terms and Conditions for Addenda to this clause.

II.

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services ( Mar 2023)

(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) 52.232-40, 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:

__ (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.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 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).

__ (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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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 (Oct 2022) ( 15 U.S.C. 637s).

__ (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 (Oct 2022) ( 15 U.S.C. 657f).

_X_ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mat 2023)( 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 (Oct 2022) ( 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 (Oct 2022) ( 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).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 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).

__ (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).

__ (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 (Jun 2020) (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)

(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 (Dec 2022) ( 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 (Jan 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 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. Subtitle A, Part V, Subpart G Note).

__ (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. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_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:

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

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

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

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

__ (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).

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

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

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial 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 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

(xiii)

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

(xiv) 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).

(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. Subtitle A, Part V, Subpart G 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) 52.232-40, 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.

(xxiii) 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.

III.

FAR 52.204-7 System for Award Management (Oct 2018)

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company Physical Street Address, City, State, and Zip Code.

(4) Company Mailing Address, City, State and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

IV.

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

(a) Definitions. As used in this clause—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement.