NIMH21002829RFQ A0002 SF30 Attachment 5.pdf
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- Attached to
- Motorized, Inverted Microscope System plus Stereomicroscope and Camera Federal contract opportunity
- Solicitation number
- NIMH21002829RFQ
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| SF30 Amendment 0003 including Questions and Answers dated 05142021.pdf | ||
| NIMH21002829RFQ Attachment 1 Purchase Description_050721.pdf | ||
| Attachment 3 FAR Clauses 52.212 4, 52.212 5, and Additional Terms and Conditions 050721.pdf | ||
| NIMH21002829RFQ A0001 SF30.pdf | ||
| NIMH 21002829RFQ Attachment 3 FAR Clauses 52.212-4, 52.212-5.pdf | ||
| NIMH 21002829RFQ Attachment 2 FAR 52.204-24 and 52.212-3 Reps and Certs.pdf | ||
| 21-002829 - Purchase Description_031821.pdf |
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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)
7. ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
FACILITY CODE
9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NUMBER
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15C. DATE SIGNED
15A. NAME AND TITLE OF SIGNER (Type or print)
16C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PAGE OF PAGES
6. ISSUED BY CODE
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)
CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
Previous edition unusable
The purpose of this amendment is to:
1) Issue the Government's responses to questions presented in response to the solicitation. Reference Attachment 5:
Questions and Answers, added 5/7/21.
2) Update Attachment 1 – Product Description to reflect denoise.ai BRAND NAME OR EQUAL.
3) Update Attachment 3 – Terms and Conditions to add FAR 52.211-6 (Aug 1999)
4) Extend the RFQ closing date to 5/19/2021, 5 P.M EST All other NIMH20002829RFQ terms and conditions remain unchanged.
National Institutes of Health National Institute on Drug Abuse Bethesda, MD 20892-7511
NIMH20002829RFQ
05/07/2021
04/13/2021
Version. 050721
Version 11-30-2016-1 FAR Part 11—Describing Agency Needs
PURCHASE DESCRIPTION
1. Statement of Need and Purpose: The Human Genetics Branch, Section on
Developmental Neurogenomics (SDN) studies the molecular and cellular bases of atypical brain development in neurogenetic disorders that increase risk for psychiatric illness. The SDN wet lab collects biological materials including blood, saliva and skin cells from study participants with genetically-defined neurodevelopmental disorders.
Primary tissues are reprogrammed into induced Pluripotent Stem Cells (iPSCs), and subsequently in in vitro models of central nervous system cell types. Upgrading SDN’s lab with a state-of-the-art microscope, will allow it to pursue these, and higher cell modeling studies such as 3-D brain organoids generated from iPSCs. These in vitro 3D structures will enable SDN to better recapitulate and study the structure, development and function of the human brain. Fundemental to SDN’s research program is its ability to culture, maintain and image our cells and organoids. This requires a high quality, motorized microscope with a large field of view, both dedicated phase contrast and coverslip corrected lenses, brightfield and fluorescence modules, and dedicated color and monochrome cameras. This microscope will be used both for live imaging and also for imaging fixed, stained cells,therefore, it is required to have the system capable of automated imaging, able to do both acquisition and quatitative analysis of fluorescence imaging on the same software interface. This is essential for the work in the lab, and this will allow SDN to create publication quality images. In addition, SDN is in need of an stereomicroscope for routine checking of biological materials as they are prepared for imaging on the inverted microscope system.
2. Background Information and Objective: It is essential when doing any cell culturing procedure to visually inspect microscopic cells grown in culture. This allows for evaluation of the health of the cells, the presence or absence of contamination and the levels of confluency. This is also true for work including organoid culture, where it is critical to be able to monitor the differentiation status of the cells. This is done both visually and with fluorescent biological markers. In addition to making visual examinations of the cells, it is essential to be able to document with high resolution and image quality the condition of the cells for publication. It is essential to SDN’s research program that it acquire an optically superior microscope system and outfit it with a high quality scientific cmos camera for capturing images. For full functionality, SDN requires motorization for both phase and fluorescent imaging to acquire multichannel images and to collect multiple Z dimensions. Motorization of Z will also allow SDN to do a full range of autofocus routines. Further, motoriziation will allow SDN to automate imaging in multi-well imaging vessels and stitching and tiling applications.
3. Generic Name of Product: Motorized, inverted microscope system with 25mm field of view, fluorescence, imaging and artificial intelligence capabilities plus stereomicroscope and camera.
4. Purchase Description: The purpose of this requirement is to obtain a motorized, inverted microscope with 25 mm field of view; and a stereomicroscope for routine evaluation.
5. Salient characteristics
The salient characteristics of the motorized inverted microscope system include:
1. An inverted microscope platform
2. Motorized features, including:
a. motorized Z Cam-link motor,
b. motorized DIC sextuple nosepiece
c. motorized 7 position condenser turret,
d. motorized 6 position epi-fluorescent turret,
e. motorized port selector, and
f. intelligent 1.5X tube lens
3. LED light sources for transmitted diascopic and episcopic light including a motorized shutter
4. The LED epifluorescent light source must be a white light source and include an internal shutter, which can be controlled in software.
5. The field of view (FOV) of the inverted microscope to the side camera ports must be 25 mm. Fly-eye lenses must be built into the light path to provide uniform illumination from edge to edge.
6. Fluorescent cubes must be 32 mm to accommodate the large field of view of the inverted microscope.
7. The microscope must include the necessary optics to do phase contrast. This includes 4X, and 10X Plan Fluor objectives with both Dark Low (DL) phase contrast. And 20X and 40X Plan Fluor
ELWD ADM phase objectives.
8. Additionally, two dedicated fluorescence lenses, a Plan Apo 20X
0.75 NA WD 0.66 mm and Plan Fluor 40X oil 1.3 NA WD 0.2 mm
objectives for dedicated fluorescent imaging must be included.
9. The system must come with a high quality camera able to run triggered acquisitions.
10. The system must run in software that includes both image acquisition and analysis modules, including but not limited to image stitching, multichannel acquisition,multiposition, time lapse, measurement, counting, intensity measurement, denoise.ai
(artificial intelligence module) or equal in accordance with FAR
52.211-6 Brand Name or Equal (Aug 1999) and full documentation for scale bars and annotation of the images.
11. The software must include Extended Depth of Focus module for making Z volume images with cameras and include JOBS scripting interface for making custom workflow and acquisition/analysis routines.
12. A PC is to be included with this system that is 64 GB DDR4 RAM and 12 TB data storage. A 27” LCD monitor must be included as well.
13. The scope must be upgradable to laser based applications, such as point scanning confocal, spinning disk confocal, TIRF, or additional camera based detection.
A stereomicroscope with parallel optics must include:
14. A 8:1 zoom range, 10X-80X mag
15. A 1X Plan Achro lens, 78mm WD, 0.029 NA.
16. Both transmitted and reflected light
17. The flexibility of being upgraded to fluorescence and alternate diascopic lighting solutions
18. A 2MP color cMOS camera with 1920x1920 pixels; 30fps
19. A camera which takes images independent of a PC, or be coupled with a PC or tablet.
6. Quantity: One inverted microscope and one stereomicroscope
7. Delivery Date: The product will be delivered no later than 60 days after receipt of the
PO. All labor, materials, and shipping are to be provided by the contractor.
8. Training: Following delivery and installation, the contractor shall provide no less than 8 hours of on-site training for the routine operation of the inverted research microscope.
9. Warranty: A minimum of (1) at least a 12-month comprehensive warranty, and (2) four years for optical and mechanical is required.
10. Option(s): N/A
52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)
(a) The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) . The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment ( use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) . Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) . This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) . The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) . The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of
, , and Additional Terms and Conditions
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.
3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) . The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) . In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) . If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment ( duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) . Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) . The contract price includes all applicable Federal, State, and local taxes and duties.
(l) . The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) . The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.
If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) . Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
ITEMS (Jan 2021)
[Contracting officer check as appropriate.] https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136174 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136175 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136186 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136387 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144950 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FAC 52.212-5 as of FAC 2021-03 (2/16/2021) Edited 2/19/2021
ADDITIONAL TERMS AND CONDITIONS
FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999)
(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.
(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must-
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by-
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.
(End of provision)
NIMH21002829RFQA01 Questions and Answers:
Question: Request that the bolded/underlined specification be removed from the requirements or adjusted to allow for equal product responses to be considered:
a. The field of view (FOV) of the inverted microscope to the side camera ports must be 25 mm.
b. The system must run in software … denoise.ai (artificial intelligence module).
Answer: NIH has reviewed the 25 mm and denoise.ai salient characteristics to determine if they are necessary to satisfy the needs of the agency.
NIH cannot remove item (a) as this characteristic is critical for compatibility between the outputs from this instrument to be purchased, and existing instruments being used by other research labs within the Human Genetics Branch. This specific FOV is required in order to be able to standardize images across the Human Genetics Branch. Further, this item is required due to the efficiency of field coverage.
NIH cannot remove item (b) denoise.ai . This characteristic is required to ensure compatibility with other equipment within the Human Genetics Branch. Consequently, NIH has added FAR
52.211-6 (Aug 1999) to NIMH 21002829RFQ Attachment 3. To be considered equal, alternate software must have machine learning/AI (artificial intelligence) and compatibility equal to denoise.ai.
Question: What Fluorescence filters are required?
Answer: DAPI, GFP, TEXAS RED, Cy5
Question: Does the end user want to have a component that will keep their samples in focus over time?
Answer: Yes
Question: What type of reflected light does the end user want?
Answer: For stereomicroscope: Both transmitted and reflected light with the flexibility of being upgraded to fluorescence and alternate diascopic lighting solutions. For inverted microscope:
Transmitted Brightfield, DIC (Differential Interference Contrast)
Question: Dual fiber light guide or ringlight?
Answer: Stereomicroscope: both
Question: What type of reflected light does the end user want?
Answer: In stereomicroscope: both reflected and transmitted light.
Question: Should the Product Description state “a motorized, Perfect Focus System 4 drift correction nosepiece”?
Answer: It is preferential to have Perfect Focus System. NIH requests that for evaluation purposes, the Perfect Focus System feature be broken out as a standalone priced, product option.
| NIMH 21002829RFQ Attachment 3 FAR 52.212-4, 52.212-5 and Additional Terms and Conditions 05072021.pdf |
| 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Aug 2018) |
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| NIMH 21000924RFQ Attachment 3 FAR Clauses 52.212-4, 52.212-5, and Additional Terms..pdf |
| FAR 52.212-5 (Jan 2021) FILLABLE (002).pdf |
| 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Aug 2018) |
| Blank Page |
| Blank Page |
| Blank Page |
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| 52: |
| 212-5(a): (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: |
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
| 212-5(b): (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: |
| 203-6 box: Off |
| 203-13 box: Off |
| 203-15 box: Off |
| 204-10 box: Yes |
| 204-14 box: Off |
| 204-15 box: Off |
| 209-6 box: Yes |
| 209-9 box: Off |
| 219-3 box: Off |
| 219-3 Alt box: Off |
| 203-6 link: 52.203-6 |
| 203-13 link: 52.203-13 |
| 203-15 link: 52.203-15 |
| 204-10 link: 52.204-10 |
| 204-14 link: 52.204-14 |
| 204-15 link: 52.204-15 |
| 209-6 link: 52.209-6 |
| 209-9 link: 52.209-9 |
| 219-3 link: 52.219-3 |
| 203-6 text: Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). |
| 203-13 text: Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)). |
| 203-15 text: Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) |
| 204-10 text: Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). |
| 204-14 text: Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). |
| 204-15 text: Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). |
| 209-6 text: Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note). |
| 209-9 text: Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). |
| 219-3 text: Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a). |
| 219-3 Alt text: (ii) Alternate I (Mar 2020) of 52.219-3. |
| 219-4 box: Yes |
| 219-6 box: Off |
| 219-7 box: Off |
| 219-8 box: Off |
| 219-9 box: Off |
| 219-9 Alt II box: Off |
| 219-9 Alt III box: Off |
| 219-9 Alt IV box: Off |
| 219-13 box: Off |
| 219-14 box: Off |
| 219-16 box: Off |
| 219-27 box: Off |
| 219-28 box: Yes |
| 219-28 Alt I box: Off |
| 219-29 box: Off |
| 219-30 box: Off |
| 219-32 box: Off |
| 219-33 box: Off |
| 219-4 Alt box: Off |
| 219-6 Alt I box: Off |
| 219-7 Alt I box: Off |
| 219-9 Alt I box: Off |
| 219-4 link: 52.219-4 |
| 219-6 link: 52.219-6 |
| 219-7 link: 52.219-7 |
| 219-8 link: 52.219-8 |
| 219-9 link: 52.219-9 |
| 219-13 link: 52.219-13 |
| 219-14 link: 52.219-14 |
| 219-16 link: 52.219-16 |
| 219-27 link: 52.219-27 |
| 219-28 link: 52.219-28 |
| 219-29 link: 52.219-29 |
| 219-30 link: 52.219-30 |
| 219-32 link: 52.219-32 |
| 219-33 link: 52.219-33 |
| 219-4 text: (i), Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). |
| 219-4 Alt text: (ii) Alternate I (Mar 2020) of 52.219-4. |
| 219-6 text: (i) Notice of Total Small Business Set-Aside (Nov 2020) of 52.219-6 (15 U.S.C. 644). |
| 219-6 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-6. |
| 219-7 text: (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). |
| 219-7 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-7. |
| 219-8 text: Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). |
| 219-9 text: (i), Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)). |
| 219-9 Alt I text: (ii) Alternate I (Nov 2016) of 52.219-9. |
| 219-9 Alt II text: (iii) Alternate II (Nov 2016) of 52.219-9. |
| 219-9 Alt III text: (iv) Alternate III (Jun 2020) of 52.219-9. |
| 219-9 Alt IV text: (v) Alternate IV (Jun 2018) of 52.219-9. |
| 219-13 text: (i) Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). |
| 219-14 text: Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)). |
| 219-16 text: Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). |
| 219-27 text: Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657 f). |
| 219-28 text: Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)). May require contractor completion. |
| 219-28 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-28. |
| 219-29 text: Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)). |
| 219-30 text: Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)). |
| 219-32 text: Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). |
| 219-33 text: Nonmanufacturer Rule (Mar 2020)(15 U.S.C. 637(a)(17)). |
| 219-13 Alt I box: Off |
| 219-13 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-13. |
| 222-3 box: Yes |
| 222-19 box: Yes |
| 222-21 box: Yes |
| 222-26 box: Yes |
| 222-35 box: Off |
| 222-36 box: Yes |
| 222-40 box: Off |
| 222-50 box: Yes |
| 222-50 Alt I box: Off |
| 222-54 box: Off |
| 223-9 box: Off |
| 223-9 Alt I box: Off |
| 223-11 box: Off |
| 223-12 box: Off |
| 223-13 box: Off |
| 223-14 box: Off |
| 223-15 box: Off |
| 223-16 box: Off |
| 223-18 box: Yes |
| 223-20 box: Off |
| 222-36 Alt I box: Off |
| 222-37 box: Off |
| 223-13 Alt I box: Off |
| 223-14 Alt I box: Off |
| 223-16 Alt I box: Off |
| 222-3 link: 52.222-3 |
| 222-21 link: 52.222-21 |
| 222-26 link: 52.222-26 |
| 222-35 link: 52.222-35 |
| 222-36 link: 52.222-36 |
| 222-37 link: 52.222-37 |
| 222-40 link: 52.222-40 |
| 222-50 link: 52.222-50 |
| 222-54 link: 52.222-54 |
| 223-9 link: 52.223-9 |
| 223-11 link: 52.223-11 |
| 223-12 link: 52.223-12 |
| 223-13 link: 52.223-13 |
| 223-14 link: 52.223-14 |
| 223-15 link: 52.223-15 |
| 223-16 link: 52.223-16 |
| 223-18 link: 52.223-18 |
| 223-20 link: 52.223-20 |
| 222-3 text: Convict Labor (June 2003) (E.O. 11755). |
| 222-19 text: Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126). |
| 222-21 text: Prohibition of Segregated Facilities (Apr 2015). |
| 222-26 text: (i) Equal Opportunity (Sept 2016) (E.O. 11246). |
| 222-26 Alt I text: (ii) Alternate I (Feb 1999) of 52.222-26. If this is checked, some terms have been waived. |
| 222-35 text: (i) Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212). |
| 222-35 Alt I text: (ii) Alternate I (July 2014) of 52.222-35. If this box is checked, some terms have been waived. |
| 222-36 text: (i) Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). |
| 222-36 Alt I text: (ii) Alternate I (July 2014) of 52.222-36. If this box is checked, some terms have been waived. |
| 222-37 text: Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). |
| 222-40 text: Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). |
| 222-50 text: (i) Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627). |
| 222-50 Alt I text: (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). Alt I requires CO completion. |
| 222-54 text: Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) |
| 223-9 text: (i) 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.) Requires CO completion. |
| 223-9 Alt I text: (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.) Alt I requires contractor certification. |
| 223-11 text: Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). Requires contractor completion. |
| 223-12 text: Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). |
| 223-13 text: (i), Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). |
| 223-13 Alt I text: (ii) Alternate I (Oct 2015) of 52.223-13. |
| 223-14 text: (i) Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). |
| 223-14 Alt I text: (ii) Alternate I (Jun 2014) of 52.223-14. |
| 223-15 text: Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). |
| 223-16 text: (i), Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). |
| 223-16 Alt I text: (ii) Alternate I (Jun 2014) of 52.223-16. |
| 223-18 text: Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). |
| 223-20 text: Aerosols (JUN 2016) (E.O. 13693). |
| 222-26 Alt I box: Off |
| 222-35 Alt I box: Off |
| 222-19 link: 52.222-19 |
| 223-21 box: Off |
| 224-3 box: Off |
| 224-3 Alt I box: Off |
| 225-1 box: Yes |
| 225-3 box: Off |
| 225-26 box: Off |
| 226-4 box: Off |
| 226-5 box: Off |
| 232: |
| 29 box: Off |
| 30 box: Off |
| 33 box: Yes |
| 34 box: Off |
| 36 box: Off |
| 239-1 box: Off |
| 242-5 box: Off |
| 225-3 Alt I box: Off |
| 225-3 Alt II box: Off |
| 225-3 Alt III box: Off |
| 225-5 box: Off |
| 225-13 box: Yes |
| 247-64 box: Off |
| 247-64 Alt I box: Off |
| 247-64 Alt III box: Off |
| 223-21 link: 52.223-21 |
| 224-3 link: 52.224-3 |
| 225-1 link: 52.225-1 |
| 225-3 link: 52.225-3 |
| 225-5 link: 52.225-5 |
| 225-13 link: 52.225-13 |
| 225-26 link: 52.225-26 |
| 226-4 link: 52.226-4 |
| 226-5 link: 52.226-5 |
| 232-29 link: 52.232-29 |
| 232-30 link: 52.232-30 |
| 232-33 link: 52.232-33 |
| 232-34 link: 52.232-34 |
| 232-36 link: 52.232-36 |
| 239-1 link: 52.239-1 |
| 242-5 link: 52.242-5 |
| 247-64 link: 52.247-64 |
| 223-21 text: Foams (JUN 2016) (E.O. 13693). |
| 224-3 text: (i), Privacy Training (JAN 2017) (5 U.S.C. 552a). |
| 224-3 Alt I text: (ii) Alternate I (JAN 2017) of 52.224-3. |
| 225-1 text: Buy American—Supplies (Jan 2021) (41 U.S.C. chapter 83). |
| 225-3 text: (i), Buy American—Free Trade Agreements—Israeli Trade Act (Jan 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. |
| 225-3 Alt I text: (ii) Alternate I (Jan 2021) of 52.225-3. |
| 225-3 Alt II text: (iii) Alternate II (Jan 2021) of 52.225-3. |
| 225-3 Alt III text: (iv) Alternate III (Jan 2021) of 52.225-3. |
| 225-5 text: Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). |
| 225-13 text: Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). |
| 225-26 text: Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). |
| 226-4 text: Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). Requires CO completion. |
| 226-5 text: Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). |
| 232-29 text: Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). |
| 232-30 text: Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). |
| 232-33 text: Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332). |
| 232-34 text: Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). Requires CO completition. |
| 232-36 text: Payment by Third Party (May 2014) (31 U.S.C. 3332). |
| 239-1 text: Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). |
| 242-5 text: Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). |
| 247-64 text: (i), Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). |
| 247-64 Alt I text: (ii) Alternate I (Apr 2003) of 52.247-64. |
| 247-64 Alt II text: (iii) Alternate II (FEB 2006) of 52.247-64. |
| 229-12 box: Off |
| 229-12 text: Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020) |
| 229-12 link: 52.229-12 |
| 212-5(c) text: (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: |
| 222-41 box: Off |
| 222-41 link: 52.222-41 |
| 222-41 text: Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). |
| 222-42 box: Off |
| 222-42 link: 52.222-42 |
| 222-42 text: Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). Requires CO completion. |
| 222-43 box: Off |
| 222-43 link: 52.222-43 |
| 222-43 text: 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). |
| 222-44 box: Off |
| 222-44 link: 52.222-44 |
| 222-44 text: Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). |
| 222-51 box: Off |
| 222-51 link: 52.222-51 |
| 222-51 text: 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). |
| 222-53 box: Off |
| 222-53 link: 52.222-53 |
| 222-53 text: Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67). |
| 222-55 box: Off |
| 222-55 link: 52.222-55 |
| 222-55 text: Minimum Wages Under Executive Order 13658 (Nov 2020). |
| 222-62 box: Off |
| 222-62 link: 52.222-62 |
| 222-62 text: Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). |
| 226-6 box: Off |
| 226-6 link: 52.226-6 |
| 226-6 text: Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). |
| 212-5(d) text: (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.
212-5(e) text: (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to…
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