Combined Synopsis Solicitation - Pressure Sensitive Roll Labels (2).doc

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-883103-21-Q-00086 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 2021-05 effective

March 10, 2021. This is an unrestricted acquisition under NAICS 323111, Commercial Printing (Except Screen and Books). 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 Pressure Sensitive Adhesive Roll Labels in four sizes. See Attachment 2, Specifications, and Attachment 3, Shipping Destinations. PERIOD OF PERFORMANCE: The period of performance will consist of a base year and two (2) 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 provision 52.212-1. Instructions to Offerors - Commercial Items (June 2020). Addenda: Delete paragraph (h), Multiple Awards. - see below for additional quotation submission instructions. EVALUATION (In lieu of FAR provision 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 as prescribed by FAR 12.301(c)(2). 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 contract 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.” Exceptions may render a Contractor’s quotation technically unacceptable for award. 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 All Option Years) Ceiling Price will be used to determine the lowest price. The Total Contract Price for each not-to-exceed CLIN will be determined by multiplying the Maximum Quantity by the Firm-Fixed Unit Price. The resultant contract will include FAR 52.217-8, Option to Extend Services. The Total Option Year II Contract Ceiling Price will be divided in half and added to the Total Contract (Base Year Plus All 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 two, 12-month option years. The evaluated Total Contract (Base Year Plus all Option Years) Ceiling Price will be determined by summing the Total Contract Ceiling Price of all performance years and half of Option Year II ceiling price. Contractors must provide pricing (USD) for each CLIN. FOB destination pricing is required. Attachment 4, RFQ Information Sheet, must be submitted with quotations. Failure to submit any of the required information and documentation with the quotation may result in rejection of the quotation. FAR provision 52.217-5, Evaluation of Options (Jul 1990). FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Items (Feb 2021) - The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) web site accessed through http://www.acquisition.gov. 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 clause 52.212-4, Contract Terms and Conditions - Commercial Items (Oct 2018) – see Attachment 5, Additional NARA Terms and Conditions (Addenda to FAR clause 52.212-4). FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2021) - 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 July 6, 2021 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 July 12, 2021. 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 one copy of the quotation to: cynthia.jones@nara.gov.

Please ensure to include the following attachments with your quotation:

-Attachment 1, 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.

ATTACHMENT 1

SCHEDULE OF PRICES

Base Year – Months 1-12

QTY

MAX

QTY

UNIT

PRICE

TOTAL CEILING

PRICE

Not to Exceed Price

Not to Exceed Price

Not to Exceed Price

Not to Exceed Price

Option Year I – Months 13-24

QTY

MAX

QTY

UNIT

PRICE

TOTAL CONTRACT

Not to Exceed Price

Not to Exceed Price

Not to Exceed Price

Not to Exceed Price

Option Year II – Months 25-36

QTY

MAX

QTY

UNIT

PRICE

TOTAL CONTRACT

Not to Exceed Price

Not to Exceed Price

Not to Exceed Price

Not to Exceed Price

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

ATTACHMENT 2

SPECIFICATIONS

FOR

PRESSURE SENSITIVE ADHESIVE LABEL STOCK FOR APPLICATION TO METAL STORAGE FURNITURE AND METAL, PLASTIC, PAPER, OR BOXBOARD HOUSINGS FOR THERMAL TRANSFER PRINTERS

1.0 Scope

Pressure sensitive adhesive roll labels for use in thermal transfer printers for application to housing substrates, including plastic, paper, box-board, or metal, as well as metal shelving.

Applications: Barcode or other labels affixed to metal, plastic, paper, or box-board substrates for housing and storage.

2.0. Requirements

The National Archives and Records Administration (NARA) requires pressure sensitive adhesive roll labels for use in thermal transfer printers for application to housing substrates, including plastic, paper, box-board, or metal, as well as metal shelving.

2.1 Dimensions: The labels will be required in the following dimensions:

2” x 0.5” labels:

3” core and 8.38 OD, 0.1875” label gap (0.625” repeat) with perforation between labels, 10,000 per roll.

3.75” x 2.375” labels:

3” core and 8.38 OD, .1875” or 0.125” label gap with perforation between labels, 2,500 per roll.

3.75” x 3.35” labels:

3” core and 8.38 OD, 0.1875” or 0.125” label gap with perforation between labels, 1,700 per roll.

3.75” x 1” labels:

3” core and 8.38 OD, 0.1875” or 0.125” label gap with perforation between labels, 5,000 per roll.

2.2 Composition: The face-stock material must be a polypropylene substrate bearing an acrylic polymer adhesive with an opaque thermoplastic coated or “waxed” paper type release liner.

A. Face-Stock

Polypropylene: White opaque film, 1-2 mil thick, biaxial orientation preferred (BOPP). The polypropylene must not contain plasticizers.

B. Adhesive The pressure-sensitive adhesive layer must possess high permanence characteristics such that labels, once applied, remain attached permanently and can be removed only with difficulty. The adhesive must be clearly identifiable as an acrylic polymer or copolymer by its infrared spectrum.

2.3 Bond Strength: The adhesive must exhibit sufficient bond strength for the label to support a test weight of 200 grams for 10 minutes for a sample of 1 x 2.5 inches. The test procedure is a 90-degree peel test modified from ASTM D2860/D2860M-18, Procedure B, in which the test substrate is metal, plastic, paper, and paper board.

2.4 Other Label Properties:

A. The label face-stock should provide a proper surface characteristic, so that it is able to accept and retain a clean, legible, abrasion-resistant image with good ink adhesion from qualified thermal transfer printers and ink-ribbons.

B. The label stock must be compatible with hard-resin thermal transfer ink ribbons; wax or wax-resin ribbons are not acceptable.

C. The release liner must be opaque and allow for easy and complete peeling off from the face-stock without shearing of the adhesive layer.

D. The label stock must not emit odors deemed detrimental to the work and/or storage environment in NARA according to TAPPI T483.

2.5 Workmanship

A.

The label sheet must lie flat without any curling, and permit problem-free self-feeding from a stacking paper tray.

B.

All label edges shall be cut square and clean, and of the appropriate size(s) specified.

3.0. RESPONSIBILITY FOR TESTS

The Contractor is responsible for quality control to ensure the specifications of this contract are met. The Contractor shall provide test results to the Contracting Officer’s Representative (COR) for each production lot used to provide supplies under this contract. The test results shall display, at a minimum, the characteristics listed below and shall be provided at least 30 days prior to shipping any items from the production lot under this contract. The Contractor may use its own facilities or any commercial laboratory certified to run quality assurance test methods listed below. 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, the test results (composition, adhesive bond strength, and off-gassing/odors) and ten samples of each label size purchased shall be sent to the COR within 14 calendar days from contract effective date. Additionally, the Contractor shall provide a sample of a new production lot at any time, upon request of the Government.

Table of QC Test Items and Specifications

(test methods, test conditions, etc.)

with acrylic adhesive

FTIR

In a 90° Peel Test

ASTM D2860/D2860M-18,

Procedure B

4.0 PACKAGING AND IDENTIFICATION

Packaging. The label rolls must be packed in a standard commercial container and sealed with tape. Labels must arrive undamaged, with no tears, wrinkles or folds.

Marking. The outside of each packing container must be legibly marked with the following information: the delivery order number, the number of rolls packed in the container, and the production lot numbers and dates.

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

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

NOTES 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 (if applicable) 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 will render the quotation unacceptable for receipt of the contract.

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: _____________________________________

DUNS: _______________________________________

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 contract 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 contract questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

D. Contracting Officer’s Representative (COR)

COR: TBD

Telephone:

Email:

The individual named above is designated as the Contracting Officer's Representative (COR) to assist the Contracting Officer in the discharge of the Contracting Officer's responsibilities. The COR is responsible for monitoring, giving progress reports to the Contract Specialist, and overall technical surveillance of services to be performed under this contract and should be contacted regarding questions or problems of a technical nature. 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.

(c) 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.

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

(e) The responsibilities of the COR include, but are not limited to, the following:

(1) Serve 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.

(2) Responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract.

(3) Confer with representatives of the Contractor regarding any non-performance or unsatisfactory performance; follow through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the Contract Specialist/Contracting Officer.

(4) Review and certify invoices in accordance with invoicing instructions of the contract. Maintain a file with copies of these documents.

(5) Review and evaluate Contractor's deliverables.

(6) Advise the Contract Specialist of any performance problems and make recommendations for corrective action to correct performance issues.

(7) Furnish the Contract Specialist with any requests for change, deviation, or waiver (whether generated by Government personnel or Contractor personnel), including all supporting paperwork in connection with such change, deviation, or waiver.

(8) Submit a written evaluation to the Contract Specialist/Contracting Officer within 60 days of contract completion or annually on the anniversary date for contracts that include options. The evaluation should include:

(i) The quality and timeliness of the Contractor's performance; and

(ii) A statement as to the uses made of any deliverables furnished by the

Contractor.

II. 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 Contractor. 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 with their quotation.

III. DELIVERY

Delivery times will be as established in the delivery orders but shall not be sooner than 45 calendar days after receipt of order. Delivery must be made during regular business hours unless mutually agreed upon by NARA and the Contractor. Delivery must be made as ordered, in the specific quantities, to the specified destinations.

Items will be shipped FOB Destination to all NARA sites as shown on the Delivery Orders. Addresses are subject to change or new locations may be added. The Contractor shall be responsible for risk of loss and any damages to items during shipment (see FAR 52.212-4(j)).

IV. RESPONSIBILITY FOR TESTS

The Contractor is responsible for quality control to ensure the specifications of this contract are met. The Contractor shall provide test results to the Contracting Officer’s Representative (COR), identified above, for each production lot used to provide supplies under this contract. The test results shall display, at a minimum, the characteristics listed below and shall be provided at least 30 days prior to shipping any items from the production lot under this contract. The Contractor may use its own facilities or any commercial laboratory certified to run quality assurance test methods listed below. 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. The Contractor shall provide a sample of a new production lot at any time, upon request of the Government.

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 (Jun 2020); FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Feb 2021) – 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 (u) of this provision; FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Oct 2018) -- 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 Items (Jan 2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

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

__ (5) [Reserved].

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

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14)

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

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

__ (15)

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

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

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

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18)

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

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

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_X_ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30)

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

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

__ (31)

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

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

__ (32)

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

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

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

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

_X_ (35)

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

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

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (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) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

_X_ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

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

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

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

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

__ (63)

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

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

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

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

__ (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 Under Executive Order 13658 (Nov 2020).

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

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

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

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

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

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

(e)

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

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

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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

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

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

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

(xiii)

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

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

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

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

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

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

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

(xix)

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

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

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

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

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

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

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…