Final 12639525Q0031.docx

Part I 1.0 SECTION B PRICE SCHEDULE

1.1 Price Schedule

This is a firm-fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract for cattle backtags. The term of this contract will be for five years.

The price per backtag and total price is based on the estimated annual quantities needed. These quantities are only an estimate and are not guaranteed. Tags are ordered in units of 1,000 in a box. Currently, about 2,600,000 tags are ordered each month (or 2,600 boxes). That is not a guaranteed amount; however, it provides context for the production possibly needed.

· The minimum requirement for this contract is 2,600 boxes. Additional orders are not guaranteed.

· All prices to include but not limit to overhead, general and administrative, profit, insurance, and delivery costs to anywhere in the continental U.S.

· The Government will issue orders requiring delivery to multiple destinations.

· The U.S. Department of Agriculture is a tax-exempt agency (Exempt from state and Federal tax). Tax ID Number: 41-0696271.

Ordering Period 1: April 1, 2025-March 31, 2026

Cattle backtags with three or four large digits 50,000bx = 50,000,000tags/yr

Ordering Period 2: April 1, 2026-March 31, 2027

Cattle backtags with three or four large digits 50,000bx = 50,000,000tags/yr

Ordering Period 3: April 1, 2027-March 31, 2028

Cattle backtags with three or four large digits 50,000bx = 50,000,000tags/yr

Ordering Period 4: April 1, 2028-March 31, 2029

Cattle backtags with three or four large digits 50,000bx = 50,000,000tags/yr

Ordering Period 5: April 1, 2029-March 31, 2030

Cattle backtags with three or four large digits 50,000bx = 50,000,000tags/yr

2.0 SECTION C

STATEMENT OF WORK:

Cattle Backtags

2.1 BACKGROUND

The U.S. National Veterinary Stockpile (NVS) is the nation's repository of critical veterinary supplies, equipment, and service resources. It exists because of the nation’s concern after 9/11 that terrorists could release animal diseases of catastrophic proportions that would

· deplete State and local response inventories,

· generate surge requirements that would overwhelm commercial sources, and

· prevent unaffected States from providing significant help for fear of the threat crossing their borders

The NVS’ ability to deploy within 24 hours large amounts of critical veterinary resources ensures States have what they need to respond to catastrophes and other outbreaks.

The NVS deploys products like animal vaccine, antiviral, equipment, or therapeutic products to appropriately respond to damaging animal diseases affecting human health and the economy that are likely to be unavailable in sufficient quantities for large outbreaks. States, industry (as part of the incident command system), and NVS commercial partners will use the products and related equipment to respond to large-scale outbreaks.

2.2 OBJECTIVE

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Service (VS), Riverdale, MD, intends to acquire cattle backtags which meet the specifications stated below. The animal backtag program is a program mandated by Congress that APHIS oversees and manages. It is a program designed to aid the USDA in the monitoring and management of animals from farm or ranch to feedlot to slaughter facility. The oversight of animal movement is intended to inhibit the spread and eventually eliminate various animal diseases which threaten American agriculture. The ability of users of these tags to expeditiously order and receive animal backtags is critical.

2.2.1 Period of Performance

The period of performance of this contract is from Date of Award and Not to Exceed Five Years.

2.3 SPECIFICATIONS

2.3.1 Material

The cattle backtags shall be made of a waterproof paper stock. The tags shall be white or yellow on the printed side. The tags shall be oval in shape as shown in the example.

The tags shall be of sufficient wet strength and size. An additive shall be added so that the tag will not curl and the black print will not fade or smear when placed in a humidity chamber at 83 degrees Fahrenheit and 83 percent relative humidity for 24 hours.

The tag shall withstand adverse weather conditions (extreme temperatures, rain, snow and high humidity) for a minimum of fourteen (14) days without degradation.

2.3.2 Printing

A. The tag printing requirements are listed below:

· The tags shall be printed on one side. (Side 1)

· Print must be with permanent, black ink and the Font must be the modified Gothic Style.

· Ink must not offset or smear when tags are padded together or when tags are wet.

· Each tag on the reverse side (Side 2) shall be printed in another color to show the placement of the tag on the cow.

· A wallpaper pattern of a cow shall be printed on the reverse side and must have a total of eight characters.

· At the option of the ordering activity, tags shall have either three or four large digits, serially numbered. Refer to the backtag example (page 6).

Example 1. Tags with three large digits shall have a prefix consisting of two numbers and two letters followed by one number, which must be serially numbered with the large digit numbers.

Example 2. Tags with four large digits must have a prefix printed consisting of two numbers and two letters.

B. Character and Numeral Printing Sizes:

· The prefix digits remain constant or change alphabetically with every 10,000 tags. The prefix numbers consist of the following:

· The first two characters are numeric and designate the state code

· The next two characters are alpha and designate either livestock market code or state roll over code

· The next characters may be either a small numeric or large size number and designates the first serial character in the numeric series (0001-9999)

· Prefix numbers and letters must be in boldface Gothic Type Style and be 1/4 inch high.

· The large 3 or 4 digit numbers must be 1 1/4 inches high and a minimum of 1/4 inch wide boldface

· There shall be at least 3/16 inch space between each number

· The number "l" shall be vertical with no protrusion to the left

EXAMPLE 1: CATTLE BACK TAG 3 DIGIT / 4 DIGIT

EXAMPLE 2

2.3.3 State Color Designations

Based on where the tags will be used, this will dictate the color of the tag.

(States may choose white or yellow for special projects)

YELLOW TAGS

WHITE TAGS

Mississippi Missouri

2.3.4 Bar Codes

There shall be two bar codes 1 13/16 to 2 inches long and 7/16 inches high. The bar codes shall be clearly distinguishable from the large numbers with at least 1/8 inch clearance. The bar codes shall be 39 and have a density of 6 characters per inch. The bar coding shall meet the American National Standards Institute (ANSI) standards grade of “B” or better.

Numeric values are assigned to each Code 39 character:

The check digit is the modulus 43 sum of all the character values in a given message and is printed as the last data character. The output of the bar code reader will not indicate or record the check digit which in our example _T_. For example the sum of the values of the following data would be:

Data: 12345ABCDE/Sum of Value=1+2+3+4+5+10+11+12+13+14+40+115 115/43=2 remainder 29.

The check digit is the character corresponding to the value of the remainder, which in this example is 29 or “T”. The data above with its check digit reads: 12345ABCDE/T.

2.3.5 Binding/Packaging

The tags shall be in pads of 50 with adhesive bound on one edge. A gauze strip at least one inch wide and extending the depth of the pad shall be part of the binding. The tags in each pad must be in numerical sequence.

Orders will indicate the sequence of numbers and letters required. Delivery orders may be placed for less than a complete series of 10,000 tags. Since, some locations use two identical tags on each animal, delivery orders may require a duplicate number sequence.

2.3.6 Oval Tags

The tags shall be oval in shape 3 inches high by 3¾ inches wide. The long dimension of the tag shall be parallel to the grain of the paper. The large 3 or 4 digit numbers shall be positioned in the middle of the tag. A solid black bar, 1/8 inch high shall be 1/8 inch below the bottom bar code. On the left end of the tag the legend “State-Federal” shall be printed. On the right end of the tag the legend “Do Not Remove” shall be printed. The legend printing shall be 1/8 inches high. Production date printed center bottom.

The prefix shall be printed in the upper arc:

Example 3 digit tag Example 4 digit tag

2.4 ORDERING PROCEDURES

2.4.1 Placing Orders

A. Contract Delivery Order Set Up USDA/APHIS/MRPBS will issue delivery orders after award of the base contract. They will be numbered with an 126395YYFNNNN . Orders may be issued by any USDA/APHIS/MRPBS Acquisition personnel with sufficient warrant authority. Upon delivery and acceptance of the products for any orders, the vendor will be responsible for submitting the invoice for payment against the contract delivery order number, referencing the individual call number in the IPP system at https://www.ipp.gov. All Delivery Orders will be issued via email by a warranted Contracting Officer.

C. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule

D. All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.

E. If emailed, a delivery order is considered “issued” when the Government distributes the order via email.

2.4.2 On-line Ordering Capabilities

The contractor shall provide online ordering capability for as many as 65 users, at least 5 simultaneously, 20 hours a day, 5 days a week, except for Federal holidays. The contractor shall check for pending orders at 9:00 am and 1:30 pm daily, Monday through Friday.

2.4.3 Just In Time Delivery

The State offices will order backtags directly from the manufacturer. The method to be employed is frequently referred to as “Just In Time” (JIT). Using this method little or no stock of backtags are maintained at the central warehouse. Production is initiated to fill an order at the time the order is placed with the contractor; the tags are produced and delivered in a rapid manner.

The contractor must be able to ship backtags to as many as 1200 different markets across the United States within 48 hours after receipt of an order. Emergency orders must be shipped within 24 hours after receipt of an order using Next Business Day delivery depending upon instructions received at the time the order is placed. If an emergency order exceeds 5,000 tags, the contractor can split the order by shipping the first 5,000 tags within 24 hours with the remaining amount to be shipped within 48 hours. The number of emergency orders will vary from year to year. The shipping costs are included in the unit price of the tags, this includes emergency shipments.

2.4.4 Sequence of Tags

The contractor shall be responsible for maintaining a tracking system to record the alpha and numerical sequence of tags designated for each state. The tracking system must record each order by sequence (beginning and ending), date ordered, date shipped, ship to addresses and requesting location if different from the ship to address. The contractor shall be responsible for tracking and allocating the next available alpha and numerical sequence to be printed and shipped to each market.

2.4.5 Ship-to Addresses

Address file or organization codes will be a 6-7 digit number, beginning with an alpha Z and five (5) or six (6) numeric digits, in most cases. This number and associated address will be provided by the Contracting Officer’s Representative (COR). New and updated addresses will be provided to the contractor from the COR. The contractor must have the capacity to maintain 3,000 individual address files.

2.4.6 Mistakes In Shipping

The contractor will arrange for call pick up tags shipped in error. Replacement/Correct tags will be shipped as an emergency for the next business day. The emergency production and transportation cost for tags shipped in error will be the contractor’s responsibility.

If tags are recalled for any defects, the contractor is responsible to pick up tags and replace at their expense.

2.5 REPORTING REQUIREMENTS

2.5.1 Historical Data

Upon request, the contractor will provide a report of all activity on this contract concerning cattle backtag shipments. This data will include information for the NSN, quantity shipped, date shipped and shipping vendor.

2.5.2 Transaction Reports

The contractor shall be responsible for the transaction reports detailing shipments on a regular basis. The reports are to include the number of shipments processed, the NSN, the sequence (beginning and ending) of the tags manufactured and shipped, the date shipped, the ship to address and the requesting location if different from the ship to address. The reports are to be provided as follows:

2.6 SECTION D PACKAGING MARKING AND SHIPPING REQUIREMENTS

2.6.1 Packing Slip

Each shipment shall include a packing slip attached to the outside of one box and enclosed in a protective plastic pouch. The packing slip shall identify the contract number, delivery order number, item stock number, description and quantity shipped. See Section 2.6.2 below.

2.6.2 Packaging and Marking

DELIVERY TASK ORDER NO: 126395YYFNNNN (EXAMPLE FORMAT)

STOCK NUMBER: Z888-4S-0-9-74DK

QUANTITY: 10 M

DESCRIPTION: Cattle Backtags

2.7 SECTION E QUALITY CONTROL

The contractor shall maintain a quality control program to ensure the quality and appropriateness of the ordering and manufacturing process. This will be randomly tested through the use of government supplied date and test scenarios. The test scenarios will test the ability of a user to access the system remotely to place an order, inquire as to the status of an order, and to retrieve other information related to past order placement in the system.

Upon the Government’s receipt and communication to the contractor of any defective tags, Contractor will provide a corrective action plan to the Government for approval including, but not limited to, causation, remedies and corresponding timelines confirming the issue will be addressed and resolved.

Contractor shall also provide a QC contact upon award. Government requires thirty (30) days’ notice of any changes to QC contact along with new contact information.

3.0 SECTION F SUBMISSION AND EVALUATION FACTORS

3.1 MINIMUM QUALIFICATION FACTORS

3.1.1 Evaluation Factors

The Government will award a contract resulting from this solicitation to the responsible Contractor whose quote, conforming to the solicitation, will be the best value to the Government, Technical Capability, Price and Past Performance are the factors considered.

EVALUATION FACTORS:

FACTOR 1: Technical Capability The Contractor’s technical capability will be evaluated by how well the proposed products meet the Government’s requirements, as well as their quality control plan and ability to ship and process orders through its proposed JIT system. The following technical criteria will be evaluated:

Based on the submission of 20 tag samples, composition and material makeup of the tags in regard to meeting the specifications as outlined in Section 2.3 above. This is rated on a pass/fail basis. If the Contractor’s product fails any of the above criteria their quote will be considered ineligible for award purposes and no further testing or evaluation will be conducted. The Contractor’s product must receive a passing score in each of the pass/fail technical criteria in order to be considered for award.

Sample submissions are to be sent to:

USDA, APHIS, VS

POC: Melody Chatfield 3500 E 149th St Ste 300 Kansas City MO 64147

Tags will be evaluated for correct printing/marks, durability, retention, legibility, and utility in the field. Contractors may be given the opportunity to correct printing/stamping deficiencies if the back tag is otherwise acceptable. Comment by Schultz, Leah - MRP-APHIS: This is a FAR 15 term. Are you going to identify a competitive range?

Quality Control Plan. Contractors shall include a quality control plan with their quote. The plan shall explain the Contractor’s quality control system and clearly outline the contractor’s ability to meet contract specifications and contract delivery requirements. The plan must also include the contractor’s ability to produce, ship orders and process orders in its JIT system.

FACTOR 2: Price Please complete the price schedule in Section 1.0 above. This is the minimum required for price. The Government will evaluate quotes for award purposes by adding the total price for all years of the contract.

FACTOR 3: Past Performance Past performance will measure the degree to which a contractor has satisfied customers in the past, their record of conforming to quality specifications, compliance with federal, state, and local laws and regulations, adherence to contract schedules, including the administrative aspects of performance, and their history performing similar contracts in terms of size, scope and complexity.

Past performance may also be based on government info in the Governmentwide Federal Awardee Performance and Integrity Information System (FAPIIS). In the case of a quote with no past performance, this factor will not be evaluated favorably or unfavorably. The contracting officer’s or USDA/APHIS/VS Program’s knowledge of, and previous experience with a contractor may also be considered

4.0 SECTION G CONTRACT ADMINISTRATION

4.1 POINTS OF CONTACT

For questions regarding general contract administration, please contact Margaux Nenichka, Contracting Specialist, at Margaux.g.nenichka@usda.gov Contracting officer is Leah Schultz, Leah.H.Schultz@usda.gov.

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions or other stipulations of this contract. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) obligate or deobligate funds into the contract; or (6) otherwise change any terms and conditions of this contract. No information, other than that which may be contained in an authorized modification to this contract duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

4.1.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer (CO) has designated a COR - Melody Chatfield Ph# (816) 410‐6404 Email: melody.allison@usda.gov

The COR is responsible for monitoring the performance of work under this contract and is the local Government contact. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract be effective or binding upon the Government unless advance authorization is received from the Contracting Officer, and proper contractual documents executed by the Contracting Officer prior to performing the work.

The COR shall inform the contracting officer as soon as possible of any understandings, tentative agreements, recommended modifications, and actions or inactions of the Contractor or the Government which could affect the Contractor’s ability to comply with the contract performance requirements or completion times.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor shall so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately.

PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND APPROVAL OF THE CO COULD RESULT IN A BREACH OF CONTRACT AND NONPAYMENT.

The designation (delegation of authority) is provided in writing to the COR and is available to the Contractor. The delegation of authority clearly explains the CORs roles and responsibilities on the contract and limitations of authority.

4.2 SECTION H INVOICING INFORMATION

The contractor shall submit summary invoices bi-weekly or monthly via www.ipp.gov. Additionally, supporting documentation (per Sections 2.5 thru 2.6) will be submitted to the Contracting Officer’s Representative (COR). The COR must obtain approval for payment for all invoices by the NVS Logistics Chief.

A proper invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Name, title, and phone number of person to notify in event of defective invoice; and

(vii) Taxpayer Identification Number (TIN).

The Government reserves the right to reject an invoice that does not include the information above.

5.0 Part II - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ https://www.acquisition.gov/agar 2.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Nov 2021) 52.212-4 Contract Terms and Conditions—Commercial Items. (Nov 2023)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (JAN 2025)

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

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

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

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

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

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

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

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

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

__ (14) [Reserved].

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

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

__ (17) [Reserved] X (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

X (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

X (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 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 (JAN 2025) of 52.219-9.

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

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

_X_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

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

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

X (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

X (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)( E.O. 13126).

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

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

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

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

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

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

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

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

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

X (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (40) 52.222-54, Employment Eligibility Verification (JAN 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (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.)

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

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

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

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

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

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

__ (ii) Alternate I (JAN 2017) of 52.224-3.

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

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (JAN 2025) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

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

X (50) 52.225-5, Trade Agreements (NOV 2023) ( 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 (NOV 2007) (42 U.S.C. 5150).

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

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

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

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

X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

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

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

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

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (NOV 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

(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).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) ( 49 U.S.C. 40118(g)).

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

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

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

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

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

(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) ( E.O. 12989).

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

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

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause) Clauses in Full Text:

52.216-18 Ordering. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award And Not To Exceed Five Years.

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

(End of clause)

52.216-19 Order Limitations. (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 2,600 boxes the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 50,000boxes

(2) Any order for a combination of items in excess of 50,000boxes ; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

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

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

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

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

452.204-70 Modification for Contract Closeout.

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

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

6.0 Part III BASIC PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation. In lieu of submitting the full text of those provisions, the offer may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ https://www.acquisition.gov/agar

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (Sep 2024) 52.204-7 System for Award Management(Nov 2024)

52.204-16 Commercial and Government Entity Code Reporting. (Aug 2020)

52.216-27 Single or Multiple Awards. (Oct 1995)

6.1 PROVISIONS IN FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services.