Combined Synopsis HT941025Q2043 Zeiss Microscopes-KO Final.docx

Combined Synopsis/Solicitation HT941025Q2005

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, in conjunction with FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes (RFQs) are being requested and a separate written solicitation will not be issued. The solicitation number is HT941025Q2043. It is issued as a Request for Quote (RFQ).

This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2025-03 effective 01/17/2025 and Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 01/17/2025, effective 01/17/2025.

Competitive quotes are being requested under Request for Quote (RFQ) Number HT941025Q2043. The North American Industry Classification System (NAICS) code applicable to this acquisition is 334515 and the size standard is 750 employees. This procurement will be competed as 100% Small Business Set-Aside on the Open Market.

DESCRIPTION OF REQUIREMENTS

Naval Medical Center Main Operating Room Department is requesting a service/maintenance contract for existing equipment in use at NMCSD to prevent lapse in patient care due to down equipment and proper maintenance of equipment, updating of firmware etc., repair/replace for life of equipment. See Statement of Work (SOW) (Attachment 1) for further details.

PLACE OF PERFORMANCE:

Naval Medical Center Main Operating Room Department CA. 92134

Service Periods:

BASE YEAR: POP: 15 APR 2025 – 14 APR 2026

OPTION YEAR 1: 15 APR 2026 – 14 APR 2027

OPTION YEAR 2: 15 APR 2027 – 14 APR 2028

OPTION YEAR 3: 15 APR 2028 – 14 APR 2029

BASE YEAR

CLIN 0001 – PENTERO 800/OPTIME SERVICE COMPLETE OPMI

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0002 – KINEVO 900/OPTIME SERVICE COMPLETE KINEVO

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0003 – KINEVO 900/OPTIME SERVICE COMPLETE KINEVO

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0004 – TIVATO 700/OPTIME COMPLETE SERVICE PLAN -

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0005 – TIVATO 700/OPTIME COMPLETE SERVICE PLAN -

Unit Price:

Quantity: 1 Job Total Price:

OPTION YEAR 1

CLIN 0001 – PENTERO 800/OPTIME SERVICE COMPLETE OPMI

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0002 – KINEVO 900/OPTIME SERVICE COMPLETE KINEVO

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0003 – KINEVO 900/OPTIME SERVICE COMPLETE KINEVO

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0004 – TIVATO 700/OPTIME COMPLETE SERVICE PLAN -

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0005 – TIVATO 700/OPTIME COMPLETE SERVICE PLAN -

Unit Price:

Quantity: 1 Job Total Price:

OPTION YEAR 2

CLIN 0001 – PENTERO 800/OPTIME SERVICE COMPLETE OPMI

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0002 – KINEVO 900/OPTIME SERVICE COMPLETE KINEVO

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0003 – KINEVO 900/OPTIME SERVICE COMPLETE KINEVO

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0004 – TIVATO 700/OPTIME COMPLETE SERVICE PLAN -

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0005 – TIVATO 700/OPTIME COMPLETE SERVICE PLAN -

Unit Price:

Quantity: 1 Job Total Price:

OPTION YEAR 3

CLIN 0001 – PENTERO 800/OPTIME SERVICE COMPLETE OPMI

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0002 – KINEVO 900/OPTIME SERVICE COMPLETE KINEVO

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0003 – KINEVO 900/OPTIME SERVICE COMPLETE KINEVO

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0004 – TIVATO 700/OPTIME COMPLETE SERVICE PLAN -

Unit Price:

Quantity: 1 Job Total Price:

CLIN 0005 – TIVATO 700/OPTIME COMPLETE SERVICE PLAN -

Unit Price:

Quantity: 1 Job Total Price:

OFFEROR INSTRUCTIONS

The Government intends to award a Firm Fixed Price contract to the responsive, responsible Offeror, whose quote conforming to the solicitation is most advantageous to the Government, as defined in the EVALUATION FACTORS FOR AWARD section below. A complete quote must be received for consideration. Respond to each item listed below; if the response is “None” or “Not applicable,” explicitly state and explain. The Government may consider quotes that fail to address or follow all instructions to be non-responsive and ineligible for contract award. A complete quote includes a response and submission to each of the following:

1. General Information: Offeror Business Name, Address, CAGE, and Unique Entity ID (UEI) Codes (ensure Representation and Certifications are up to date in SAM.gov), Business Size and Type of Small Business based on applicable NAICS Code as provided above, Federal Tax ID, Primary Point of Contract (to include telephone and e-mail address). FAR provision 52.212-3, Alternate I, Offeror Representations and Certifications – Commercial Products and Commercial Services, applies to this acquisition. Offeror must include a completed copy of this provision with quote, unless already provided for, or differentiates from what is in the SAM database.

1. Technical Documentation:

1. Technical Approach or Specifications: Offerors are encouraged to submit product manufacturer specifications, pictures, brochures, or and other pertinent technical information of the quoted items to facilitate the evaluation.

1. Documentation required: Zeiss products and services are not sold directly to the Federal Government and are authorized to be sold only through authorized distributors. Offerors must provide documentation showing that they are an authorized distributor and are able to perform corrective or preventive maintenance on Zeiss products and services. If this documentation cannot be provided, offerors will be found Technically Unacceptable

1. Past Performance: provide two (2) references with the point of contact name, telephone number, e-mail address, and contract number, for which you have provided RECENT and RELEVANT delivery of similar services required in this solicitation within the last 3 years. Past performance will be evaluated based on references and information from authorized government past performance systems and resources. Use Attachment #2 – Past Performance Questionnaire

RECENT is defined as having delivered similar services in the last three years. RELEVANT is defined as having delivered similar maintenance agreements as specified in the SOW. Past performance information not meeting the above criteria will not be used for evaluation.

1. Price Quote: Submit complete pricing for each individual item to include the unit price, the extended price for each line item, and a total price in US Dollars ($). Note: Ensure FOB Destination, shipping and handling costs, travel costs, AND other ancillary customer services are included in the pricing.

EVALUATION FACTORS FOR AWARD:

Basis for Award: The Government intends to award a contract to the responsive, responsible vendor, whose quote conforming to the RFQ is most advantageous to the Government, price and other factors considered. Technical, past performance and price factors will be used to evaluate quotes. The vendor must be registered in the System for Award Management (SAM). The Government reserves the right to award no contract at all, depending on the quality of quotes submitted and availability of funds.

Award may be made without discussions with Offerors (except communications conducted for the purpose of minor clarification). Therefore, each initial offer should contain the Offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary.

As this is a competitive services procurement using FAR Part 13 procedures, the basis for award will consider the Offerors past performance and data in the Contractor’s Past Performance Assessment Reporting System (CPARS) and for the FSC and PSC of the services being purchased (see DFARS 213.106-2(b)(i)).

Factor I – Technical: The Government will evaluate the quote to see if specification requirements, as defined above are met, to include all information required for a complete quote. Technical capability statements will be evaluated as:

TECHNICAL CAPABILITY EVALUATION FACTORS

Factor II – Past Performance: The Government will evaluate past performance by reviewing Offeror’s submitted past performance information and other sources that may include, but are not limited to, information from Government personnel and information from the Government websites Supplier Performance Risk System (SPRS) or CPARS as stated above for basis for award.

The past performance evaluation results in an assessment of the Offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each Offeror’s demonstrated recent and relevant record of performance in delivering/supplying products that meet the contract’s requirements. The recency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered. The past performance confidence assessment rating is based on the offeror’s overall record of recency, relevancy, and quality of performance. These are combined to establish one performance confidence assessment rating for each Offeror.

Past Performance Evaluation Factors

To be considered for award, the Offeror’s evaluated past performance cannot be either “Limited Confidence” or “No Confidence”.

Factor III – Price: The Government will evaluate the total price, to determine if it is fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items. The total firm-fixed-price shall include all applicable shipping, and handling costs to the shipping address listed above.

Each technically acceptable Offeror’s price list will be evaluated by the Government to determine the reasonableness of prices for offered services by using one or more of the following price analysis methods which may include:

· Evaluate quoted pricing against the Independent Government Cost Estimate (IGCE);

· Price competition amongst technically acceptable offers.

· Market research.

An Offeror’s pricing must be determined to be fair and reasonable to be eligible for award.

DUE DATE AND SUBMISSION INFORMATION

Eligible Offerors: All Offerors must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration means Offerors shall have registered UEI Codes.

Page Limitations: None.

Formatting Requirements: Submit quotes in electronic PDF and or Excel format. Text shall be formatted on an 8.5x11 page in 12-point Times New Roman font.

Questions Due Date and Submission Requirements: All questions must be received by Thursday,01 APR 2025, at 08:00AM, Pacific Time. Questions must be submitted by email to jojie.n.urrete.civ@health.mil , and include RFQ# HT941025Q2043 on the Subject line in all inquiries. Questions may be addressed at the discretion of the Government.

RFQ Due Date and Submission Requirements: This RFQ closes on Tuesday, 07 APR 2025 at 08:00 AM, Pacific Time. Quotes must be emailed to the Contract Specialist jojie.n.urrete.civ@health.mil use RFQ# HT941025Q2043 in the subject line of the email and ensure there is receipt confirmation from the aforementioned Contract Specialist.

APPLICABLE PROVISIONS AND CLAUSES

This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) and Defense Federal Acquisition Regulation Supplement (DFARS). It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses can be accessed in full text at https://www.acquisition.gov/content/regulations.

https://www.acquisition.gov/dfars

The current version of the following FAR, DFARS, and DHA provisions (as of the date of this RFQ) incorporated by reference, apply to this acquisition:

52.204-7, System for Award Management 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13, System for Award Management Maintenance 52.204-16, Commercial and Government Entity Code Reporting 52.204-18, Commercial and Government Entity Code 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-20, Predecessor of Offeror 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Only complete if not already completed in SAM 52.204-26, Covered Telecommunications Equipment or Services- Representation Only complete if not already completed in SAM 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)52.212-1, Instructions to Offers-Commercial Products and Commercial Services 52.212-2, Evaluation-Commercial Products and Commercial Services:

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

See Evaluation Factors I, II, and III above.

Technical and past performance, when combined, are more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3, Alternate 1, Offeror Representation and Certifications – Commercial Products and Commercial Services (The Offeror need not fill out and include as an attachment IF SAM database (www.sam.gov ) is updated) 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services

52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders- Commercial Products and Commercial Services, applies to this acquisition and includes the following clauses by reference:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.204-27, Prohibition on a Byte Dance Covered Application (JUN 2023) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.219-6, Notice of total Small Business Set-Aside 52.219-28, Post-Award Small Business Program Representation 52.222-3, Convict Labor 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-50, Combating Trafficking in Persons 52.223-2 – Reporting of Biobased Products Under Service and Construction Contracts 52.223-23 – Sustainable Products and Services 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-33, Payment by Electronic Funds Transfer- System for Award Management 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.217-5, Evaluation of Options 52.217-8, Option to Extend Service 52.217-9, Option to Extend the Term of the Contract 52.219-1, Small Business Program Representations 52.222.41, Service Contract Labor Standards 52.222.42, Statement of Equivalent Rates for Federal Hires 52.222.43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multi-Year/Options) 52.223-23, Sustainable Products and Services 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (NOV 2021 52.245-1, Government Property (Sep 2021)

The following additional Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses applicable to this acquisition are incorporated by reference:

252.201-7000 Contracting Officer’s Representative (Dec 1991) 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.204-7000, Disclosure of Information (Oct 2016) 252-203-7002, Requirement to Inform Employees of Whistleblower Rights 252.203-7005, Representation Relating to Compensation of Former DoD Officials

252.204-7003, Control of Government Personnel Work Products

252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support 252.204-7016, Covered Defense Telecommunications Equipment or Services- Representation Only complete if not already completed in SAM 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services- Representation Only complete is not already completed in SAM 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Service

252.225-7048, Export-Controlled Items 252.225-7055, Representation Regarding Persons that have Business Operations with the Maduro Regime 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region Certification (Dec 2022) 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (Jan 2023) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7006, Wide Area Workflow Payment Instructions 252.232-7010, Levies on Contract Payments 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (DEVIATION 2021-O0003) (Apr 2021) 252.232-7017, Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration 252.244-7000, Subcontracts for Commercial Products or Commercial Services 252.246-7008, Sources of Electronic Parts 252.247-7023, Transportation of Supplies by Sea—Basic

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEPT 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold.

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation numbers.

(2) The time specified in the solicitation for receipt of offers.

(3) The name, address, and telephone number of the offeror.

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.

(5) Terms of any express warranty.

(6) Price and any discount terms.

(7) "Remit to" address, if different than mailing address.

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically).

(9) Acknowledgment of Solicitation Amendments.

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers: or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) 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. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by 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.] ☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

_☐_ (4) 52.203-17, 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).

_☒_ (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).

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

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

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

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

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

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

(14) [Reserved].

__☐ (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] ☒ (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.

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

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (SEP 2023) of 52.219-9.

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

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

☐ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__☐ (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).

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

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

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

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

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

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

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

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

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

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

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

☒ (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.

☒(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.

☒ (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).

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

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

☐ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (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 (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

☐ (44) (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.

☐ (45) (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.

☐ (46) 52.223-15, Energy Efficiency in Energy Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

☐ (47) (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.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

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

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

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

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

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

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

☐ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 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).

☐ (56) 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).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

☐(59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☐ (60) 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).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

☐ (64) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

☐(66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

☐ (67) (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).

(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 Byte Dance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

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

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

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEP 2015) (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 (MAY 2022) (E.O. 12989).

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

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

(xxii)

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

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

(x…