RFQ 1202SC22Q2701 SF 1449 Continuation Sheet.pdf

i

QUOTER’S COPY

Issuing Office:

National Interagency Fire Center USDA/Forest Service, Contracting Owyhee Building, MS 1100 3833 S. Development Ave.

Boise, ID 83705-5354

This solicitation can be downloaded from:

https://www.sam.gov.

Quotes are Solicited for:

NFES #001143 Kit, First Aid, 20-25 Person Refurbishment and Update and NFES #001760 Kit, Medical Support Update or Build

Solicitation:

1202SC22Q2701

IMPORTANT – NOTICE TO ALL PROSPECTIVE QUOTERS

Set-Aside: This is a 100% Total Small Business Set-Aside under NAICS 339113.

Quotes shall be emailed to the Contracting Officer, Matt Cox at Matthew.Cox2@usda.gov, no later than Monday, July 25, 2022 at 5:00PM Central Time (CT).

The Vendor shall complete/submit the following as part of its quote:

(a) SF 1449, Blocks 17a (including Unique Entity Identifier (UEI) number) and 30a-30c;

(b) Fill in the appropriate information requested in the Schedule of Items (p 2);

(c) Supporting information adequate for the Contracting Officer to determine price reasonableness of the quoted prices under this requirement;

(d) Provide your responses to Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment (p 39); Covered Telecommunications Equipment or Services-Representation (p 42); Information Regarding Responsibility Matters (p 43);

Instructions to Offerors (p 44); Offeror Representations and Certifications (p 54); and,

(e) Contact information for an individual(s) with the authority to contractually-bind Vendor.

The Government intends to award no more than five (5) BPA’s resulting from this solicitation. The Government will consider on-ramping additional vendors for new BPA’s if additional need arises.

This solicitation neither commits the Government to pay any cost incurred in the submission of the quote or in making necessary studies or designs for preparing the quote, nor to contract for services or supplies. Any cost incurred in anticipation of a BPA shall be at the Vendor’s own risk.

Vendors shall e-mail questions to Matt Cox at Matthew.Cox2@usda.gov, no later than Monday, July 11, 2022 at 5:00PM CT.

https://www.sam.gov/

Solicitation No. 1202SC22Q2701 USDA Forest Service NFES #1143 and #1760 First Aid Kits

CONTINUATION OF SF1449

SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

SCHEDULE OF ITEMS

PAY ITEM DESCRIPTION UNIT OF

ISSUE

PRICE

BPA YEAR 1: Date of Award – July 31, 2023

1A Refurbish #1143 Kit EA $ 1B Update #1143 Kit EA $ 1C Build #1760 EA $ 1D Update #1760 EA $

BPA YEAR 2: August 1, 2023 – July 31, 2024

2A Refurbish #1143 Kit EA $ 2B Update #1143 Kit EA $ 2C Build #1760 EA $ 2D Update #1760 EA $

BPA YEAR 3: August 1, 2024 – July 31, 2025

3A Refurbish #1143 Kit EA $ 3B Update #1143 Kit EA $ 3C Build #1760 EA $ 3D Update #1760 EA $

BPA YEAR 4: August 1, 2025 – July 31, 2026

4A Refurbish #1143 Kit EA $ 4B Update #1143 Kit EA $ 4C Build #1760 EA $ 4D Update #1760 EA $

BPA YEAR 5: August 1, 2026 – July 31, 2027

5A Refurbish #1143 Kit EA $ 5B Update #1143 Kit EA $ 5C Build #1760 EA $ 5D Update #1760 EA $

(a) Each unit shall include F.O.B Destination Shipping costs.

(b) Do not include any allowance for any contingency to cover increased costs for which adjustments are provided under FAR 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) and FAR 52.222-44 Fair Labor Standards Act and Service Contract Act – Price Adjustment

(MAY 2014).

(c) Follow-on periods. The Offeror shall price the follow-on period(s) requirements for the four additional 12 month periods by using the Federal Wage Determination Rate and fringe benefits established by the Administrator, Wage and Hour Division, U.S.

Department of Labor by applying the allowable adjustments to the follow-on periods.

The minimum wage rates and fringe benefits applicable to the initial Base Year (12-month period) of performance are outlined on the pertaining Wage Determination No. for the vendors location. Follow-on periods will be adjusted upward or downward at the time the follow-on period is exercised, in accordance with the clause entitled FAR 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (AUG 2018), FAR 52.222-44 Fair Labor Standards Act and Service Contract Act – Price Adjustment (MAY 2014).

GENERAL INFORMATION

The intent of this Blanket Purchase Agreement(s) (BPA) is to provide first aid kit refurbishment, updating, and building for wildland firefighters, on a nation-wide basis, for fire suppression activities, all-hazard incidents, and severity/preparedness assignments.

The Vendor’s firm fixed-price rates shall include, but are not limited to, all labor, equipment, materials, F.O.B shipping, and State and Federal taxes. The effective period of performance for the resultant BPA(s) will be from date of award for five (5) years with annual reviews occurring around July of every year. Changes to pricing and/or terms, for subsequent years, will be requested annually through an updated solicitation posted to SAM.GOV.

SCOPE OF WORK

This firm-fixed price BPA is to provide all supplies and services including, but not limited to, personnel, equipment, tools, materials, supervision, and shipping for the following National Fire Equipment System (NFES) medical kits, as described herein:

(a) NFES #001143 Kit, First Aid, 20-25 person (hereafter referred to as #1143) Refurbishment and Update only (see Exhibit 1)

(b) NFES #001760 Kit, Medical Support (hereafter referred to as #1760) Update or https://sam.gov/content/home

Build (see Exhibit 4)

Kit shipping and receiving shall be coordinated through the Northern Rockies Area Incident Support Cache (Missoula, Montana) and Northwest Area Incident Support Cache (Redmond, Oregon).

SPECIFICATIONS

(a) Procure all necessary components needed to:

(1) Refurbish or update #1143 Kit, First Aid, 20-25 person

(2) Update #1760 Kit, First Aid, Medical Support

(3) Build #1760 Kit, First Aid, Medical Support; First Article Required

(b) Definitions

(1) Refurbish: Kits that are, or appear to be, used. Items shall be cleaned, content inventoried, replaced, and repackaged.

(2) Update: Kits requiring replacement of expiring/expired items.

Updating requires repackaging.

(3) Build: All components of the #1760 kit are assembled by the Vendor(s), including the carton. Government shall inspect #1760 prototype kits (see C.7 First Article Approval) to ensure that standards are met. Shipment of first article is NOT authorized until the first article has been approved and authorization is granted by the Contracting Officer. First article shall be delivered, at contractor’s expense, to the Northern Rockies Area Incident Support Cache, Missoula, Montana no later than 30 calendar days after award. First article testing to include dimensional conformance, material and process verification.

(c) Ordering & Authorized Ordering Activities

A BPA Call will be issued on an as-needed basis by authorized representatives of the US Forest Service, Incident Procurement Operations, Logistics Contracting Branch.

This will usually occur when the fire preparedness level demands that critical supplies be refurbished and shipped out to fires immediately. Since the Government cannot predict fire emergency levels from year to year or month to month, a given fire season's need for services varies greatly. The Government and the Contractor will work together to achieve the highest level of efficiency.

In addition to the Contracting Officer for the parent contract, the authorized officials shown below may issue Call Orders under this agreement: Any Contracting Officer / Specialist assigned to the USDA Forest Service, Incident Procurement Operations, Logistics Contracting Branch within the limits of their authority.

This work is a performance based service. Performance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made (See Attachment 1:

Quality Assurance Surveillance Plan/Quality Assurance Surveillance Summary).

During the performance year period, individual call orders shall not be in excess of $250,000.00 per order (in accordance with FAR 13.303-5), with no aggregate of orders exceeding the annual limitation of $450,000.00 per Year.

(1) BPA calls will be placed by the Contracting Officer / Contract Specialist. The Government will provide Vendor(s) with the following information when ordering:

(i) NFES # and kit description

(ii) Quantity of kits to build/refurbish/update

(iii) Date and time needed

(iv) Delivery location(s)

(2) Delivery of refurbished, updated, and/or built kits shall be sent to the Government within ten (10) business days or as noted on the BPA call.

Quantities and delivery date(s) will vary on each BPA call and depend on incident support and item(s) demand.

(3) Kits shipped to the Vendor(s), for refurbishment or updating, shall be sent to the address of the servicing Vendor at the Government’s expense.

(4) Vendor(s) must be able to pick up or receive kits within 24 hours of BPA call at the Redmond Cache (only).

(5) The Vendor(s) shall track each kit individually by the fire number designated on the BPA call(s). Kits shall be sorted by fire number and shall be returned to the appropriate cache with the same fire identification tag.

(6) Vendor(s) shall be capable of delivering an emergency order of ten (10) #1760 kits (only) within a 24-hour time frame. Normal delivery orders shall be delivered within ten to fifteen (10-15) business days.

(7) If an item(s) is not currently available, but the Vendor(s) has a firm date of when the item will be available, the Vendor(s) shall notify the Government, in writing, within 24 hours of BPA call receipt. If the Government accepts the revised delivery date, the BPA call shall be filled.

(d) Packaging and Labeling

(1) #1143 Kit

Kit case shall be cleaned to like new condition, if possible, free of soilage, stains, markings, or excess wear. If case is no longer serviceable, empty contents and return case to sending cache tagged with appropriate fire information listed on the BPA call. If contents are still in like-new condition, they shall be reused in other #1143 kits. However, the Government shall not be charged for those reused items.

(2) #1760 Carton

(i) Vendor(s) shall provide cartons meeting all specifications of National Stock Number (NSN) 8115-00-139-0673 and NFES #0338:

(A) Dimensions 37.5” x 18.5” x 8”

(B) Full-telescoping box (full depth lid)

(C) Weather resistant, double wall fiberboard

(D) 600 psi bursting strength

(E) Grade V11C. Type CF. Style FTC/0301

(ii) Carton Assembly

(A) Carton bottom - seal bottom with tape and use a minimum of fourteen (14) staples per carton (seven (7) per side)

(B) Carton top – use a minimum of eight (8) staples per carton

(two (2) per side).

(3) Create labels listing expiration dates of pharmaceuticals contained within each kit. Place only those items listed in the table below in separate, resealable plastic bags.

(i) Replacement pharmaceutical components shall have a one (1) year shelf life (minimum) or until the end of October of the following year. A two-plus (2+) year shelf life is preferred.

(ii) Record expiration dates on expiration label (see Exhibit 2) and corresponding kit content list for #1143 on p.12. Enclose the signed, updated packing list (Attachment 1), and evaluation form (see Attachment

3) in each kit.

(A) All expirable items shall be placed in resealable bags with an expiration label affixed (same label that is on the exterior packaging of each kit). See Exhibit 2

(B) #1143 kit - Place an updated expiration label showing all expiring items and their expiration dates so they are visible through the outermost plastic bag.

(C) #1760 kit - Affix expiration label on one of the short ends of the carton exterior. See Exhibit 2.

(4) Assemble, organize, and neatly pack components in accordance with applicable packing list on pages 12 and 14, applicable laws, regulations, policies, and procedures. Ensure respective item(s), on the packing list, is in the #1760 (Attachment 2) carton or #1143 case.

Only those products and services specifically listed in this BPA are authorized.

Unauthorized supplies or services shall be at the risk of and the sole responsibility of the Vendor and may result in non-payment as well as cancellation of this BPA.

(5) Seal:

(i) #1143 case

(A) Kit components shall be organized and packed in kit case with tamper-evident zipper closure.

(B) Kit shall be contained within a sealed, clear plastic bag.

Ensure expiration label is affixed to the case and is clearly visible through the plastic bag.

(ii) #1760 carton using polypropylene banding (two (2) bands per carton).

See Exhibit 4.

(e) Delivery

(1) In the event Vendor anticipates difficulty in complying with any delivery dates, Vendor shall immediately notify the Contracting Officer and National Cache System COR in writing (e-mail) giving pertinent details, including the date by which the Vendor expects to make delivery.

This data shall be informational in nature and receipt thereof shall not be construed as a waiver by the Government of any schedule, rights, or remedy.

(2) Vendor(s) shall deliver or ship kits, Free on Board (F.O.B.), to the appropriate National Fire Cache(s) (listed below), as designated in the BPA call, by the required delivery date:

Alaska Incident Support Cache (AKK) 1544 Gaffney Road (Truck Deliveries) On Department of Defense Army Installation-Visitor Pass Required Fort Wainwright, Alaska 99703 Phone: 907-356-5742 FAX Number: 907-356-5754 Email: blm_ak_afs_cache@blm.gov

Coeur d'Alene Incident Support Cache (CDK) 3328 W. Industrial Loop Coeur d’Alene, ID 83815 Phone: 208-666-8694 FAX Number: 208-769-1534 Cache Email: firecache@idl.idaho.gov

Great Basin Area Incident Support Cache (GBK) National Interagency Fire Center 3833 S. Development Avenue Boise, ID 83705 mailto:blm_ak_afs_cache@blm.gov mailto:firecache@idl.idaho.gov

Phone: 208-387-5104 FAX Number: 208-387-5573

La Grande Incident Support Cache (LGK) Blue Mountain Interagency Fire Center 59973 Downs Road La Grande, OR 97850 Phone: 541-975-5420 FAX Number: 541-975-5478

Northern California Incident Support Cache (NCK) 6101 Airport Road (ATTN: Fire Cache) Redding, CA 96002 Phone: 530-226-2850 FAX Number: 530-226-2854

Northern Rockies Area Incident Support Cache (NRK) Northern Rockies Fire Cache 5765 W. Broadway, Bldg. F Missoula, MT 59808 Phone: 406-329-4949 Duty Phone: 406-499-1506 FAX Number: 406-329-4962

Northeast Area Incident Support Cache (NEK) Northeast Interagency Incident Support Cache 402 11th Street SE Grand Rapids, MN 55744 Phone: 218-322-2775 FAX Number: 218-327-4581 Email: nekcache@gmail.com

Northwest Area Incident Support Cache (NWK) 1740 SE Ochoco Way Redmond, OR 97756 Phone: 541-504-7234 FAX Number: 541-504-7240 Email: ornwk@firenet.gov

Rocky Mountain Area Incident Support Cache (RMK) Denver Federal Center BLDG 810, Door N27 Lakewood, CO 80225 Phone: 303-202-4940 FAX Number: 303-202-4965 mailto:nekcache@gmail.com mailto:ornwk@firenet.gov

Email: cormk@firenet.gov

Southern Area Incident Support Cache (SAK) Southern Interagency Fire Cache 788 Sublimity School Road London, KY 40744 Phone: 606-878-7430 FAX Number: 606-864-9559

Southern California Incident Support Cache (LSK) Logistics Support Center 1310 S. Cucamonga Avenue Ontario, CA 91761-4507 Phone: 909-930-3200 FAX Number: 909-947-6391

Southwest Area Prescott Incident Support Cache (PFK) Prescott Fire Center 2400 Melville Drive Prescott, AZ 86301 Phone: 928-777-5630 FAX Number: 928-777-5608 Email: SM.FS.prescottfire@usda.gov

Southwest Area Silver City Incident Support Cache (SFK) Gila Aerial Fire Base / 158 Airport Road Hurley, NM 88043 Phone: 575-538-5611 FAX Number: 575-388-5672

Billings Interagency Incident Support Cache (BFK) 551 Northview Drive (Building No. IP-7) Billings, MT 59105 Phone: 406-896-2870 FAX Number: 406-896-2881

Wenatchee Incident Support Cache (WFK) 4890 Contractors Dr.

East Wenatchee, WA 98802 Phone: 509-884-6593 FAX Number: 509-884-2710 mailto:cormk@firenet.gov mailto:SM.FS.prescottfire@usda.gov

(f) Inspection and Acceptance

(1) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept only those supplies and/or services performed against this BPA.

(2) The Government shall inspect kit(s) to ensure standards are met in accordance with FAR 52.212-4(a) Contract Terms and Conditions – Commercial Products and Commercial Services.

(g) In the event that an item(s) in a kit is(are) recalled, Vendor(s) shall provide a price to the Contracting Officer and National Cache System COR to perform removal of the recalled item(s) and, if necessary, replacement of the item(s). Price shall depend on the recalled item(s), Vendor credit for item(s), labor required to perform the necessary action(s), and shipping fee(s).

(h) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP) System.

"Payment request" means any request for contractual or invoice payment by the Vendor.

To constitute a proper invoice, the payment request shall comply with the requirements identified in the applicable Prompt Payment clause included in this BPA, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items (Nov 2021). The IPP website address is: https://www.ipp.gov

The Vendor shall also submit an electronic copy of the IPP invoice to the Contracting Officer at matthew.cox2@usda.gov once the invoice has been submitted to IPP. Failure to e-mail the invoice may cause significant delay or possible rejection of payment request. The Vendor must use the IPP website to register access and use IPP for submitting requests for payment per the following website: Vendor Enrollment- Invoice Processing Platform (ipp.gov). Vendor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131. If the Vendor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Vendor shall submit a written waiver request to the Contracting Officer with its quote.

https://www.ipp.gov/ mailto:matthew.cox2@usda.gov https://www.ipp.gov/vendors/enrollment-vendors https://www.ipp.gov/vendors/enrollment-vendors mailto:ippcustomersupport@fiscal.treasury.gov

ITEMS 1 & 2, KIT CONTENT LISTS – NFES #001143 & NFES #001760

NFES #001143, Belt Type, 20 – 25 Person Kit Items

ITEM # DESCRIPTION PACKAGING QTY U/I

1.1 ANTISEPTIC KIT 1 BX

1.1.1 GLOVES, non-latex (large) 4 PR

1.1.2 IODINE SWABS, povidone

(10 percent) Place in resealable bag if not in own box or bag

14 EA

1.1.3 PADS, gauze – sterile 2” x 2” 6 EA

1.1.4 PADS, nonstick – sterile 2” x 3” 6 EA

1.2 BANDAGES, butterfly closure – sterile 0.5” x 3” 16 EA

1.3 BANDAGES, combine dressing – sterile 8” x

10”

2 EA

1.4 BANDAGES, compress – sterile 3” x 2” 2 EA

1.5 BANDAGES, elastic, gauze – sterile 2” x 12’ 4 RO

1.6 BANDAGES, elastic, support 2” x 15’ 1 RO

1.7 BANDAGES, knuckle – sterile 1.5” x 3” 12 EA

1.8 BANDAGES, triangular 40” x 40” x 56” 2 EA

1.9 BANDAGES, woven adhesive – sterile 1” x 3” 25 EA

1.10 BIOHAZARD BAG, 14” x 16” 2 EA

1.11 BODY FLUIDS BARRIER KIT (see Exhibit 4)) 2 KT

1.11.1 BAG, BIOHAZARD, disposable with tie 1 EA

1.11.2 BAG, reclosable plastic bag 1 BG

1.11.3 FACE-AND-EYE SHIELD 1 EA

1.11.4 GLOVES, non-latex (large) Place each pair in

resealable bag if not in own box or bag

2 PR

1.11.5 MOUTH-TO-MOUTH BARRIER (comparable

to Life Mask® Face Shield, product code: LMFS)

1 EA

1.11.6 TOWELETTE, antiseptic, individual packets 2 PK

1.12 COLD PACK, dry chemical, 5” x 7”

2 EA

1.13 CONTENTS LIST 1 EA

1.14 EMERGENCY BLANKET,

56” X 84”

1 EA

1.15 EYE WASH SOLUTION,

0.5 fl. oz. bottle

Place in resealable bag if not in own box or bag

2 BT

1.16 FACE SHIELD (see Exhibit 4) 2 EA

1.17 FORCEPS, 3.5” – 4” 1 EA

1.18 GLOVES, non-latex (large) Place each pair in

resealable bag if not in own box or bag

2 PR

NFES #001143, Belt Type, 20 – 25 Person Kit Items (continued)

ITEM # DESCRIPTION PACKAGING QTY U/I

1.19 LOTION, Calamine, 0.5 fl. oz. bottle Place in resealable bag if not in own box or bag

2 BT

1.20 MANUAL, First Aid 1 EA

1.21 MOLESKIN®, 4” x 4” sheets 4 EA

1.22 MOUTH-TO-MOUTH BARRIER (comparable to

Life Mask® Face Shield, product code: LMFS)

2 EA

1.23 MOUTH-TO-MOUTH BARRIER, instructions 1 EA

1.24 PATIENT INFORMATION TAGS, pre-printed, industry standard

2 EA

1.25 PENCIL, lead 1 EA

1.26 SCISSORS, paramedic 1 PR

1.27 TABLET, Pain Relief, Aspirin 325 mg/TB (2

TB/PK)

Place in resealable bag if not in own box or bag

15 PK

1.28 TABLET, Pain Relief, Acetaminophen 325

mg/TB (2 TB/PK)

Place in resealable bag if not in own box or bag

15 PK

1.29 TAPE, Adhesive, ½” x 7.5’ 3 RO

1.30 TINCTURE OF GREEN SOAP, 0.5 fl. oz bottle Place in resealable bag if not in own box or bag

2 BT

1.31 TOWELETTE, antiseptic, individual packets Place in resealable bag if not in own box or bag

4 PK

NFES #001760 Kit, First Aid, Medical Support

2.1 APPLICATOR, cotton tip, (100 EA/CO) 1 CO

2.2 BAG, plastic, biohazard 1 EA

2.3 BANDAGE, adhesive, knuckleform cut (100 EA/BX) 2 BX

2.4 BANDAGE, elastic, 1" x 3", (100 EA/BX) 32 BX

2.5 BANDAGE, elastic, 3" x 4-1/2 YD Place in resealable bag

if not in own box or bag 3 EA

2.6 BANDAGE, gauze, 2-ply, 3" x 5 YD, (sterile) Place in resealable bag if not in own box or bag 3 EA

2.7 BANDAGE, Velcro® Elastic, 6”x 4 1/2” Place in resealable bag if not in own box or bag 3 EA

2.8 BLOOD PRESSURE CUFF 1 EA

2.9 CARTON, fiberboard, 37.5" x 18.5" x 8" 1 EA

2.10 CLIPPERS, toenail Place in resealable bag

if not in own box or bag 1 EA

2.11 COMPRESS, cold, 4” x 4” disposable

instant cold pack 2 EA

2.12 COUGH DROP, Any Flavor, (50 EA/BX) 2 BX

2.13 CREAM, Hydrocortisone, 1% individual packets

(144 PK/BX) 1 BX

2.14 CREAM, lotion, Calagel® individual packets, (144 PK/BX) 1 BX

2.15 CREAM, Miconazole Nitrate Vaginal 7 Day

Treatment 1 TU

2.16 CREAM, Terbinafine 15 g TU 5 TU

2.17 DRESSING, field, first aid, 4" x 7”, (not vacuum

sealed)

Place in resealable bag if not in own box or bag 2 EA

2.18 EYE WASH, Dacriose®, (1 OZ/BT) Place in resealable bag

to prevent leaks 12 BT

2.19 FOOT POWDER, Gold Bond® or equivalent, (1.5-5 OZ/BT)

(May need contained in resealable bag) 6 BT

2.20 FOOT POWDER, Non-Medicated, (1.5-5 OZ/BT) (May need contained in resealable bag) 6 BT

2.21 FORCEPS, splinter Place in resealable bag

if not in own box or bag 1 EA

2.22 GAUZE, Surgical 5” x 9” (abdominal pads), (25 EA/BX)

Place in resealable bag if not in own box or bag 1 BX

2.23 GEL, BENZOCAINE, Oral Relief Pain individual

packets (75-100 PK/BX) 2 BX

2.24 GLOVES, nitrile, examination Place in resealable bag

if not in own box or bag 100 EA

2.25 HYDROGEN PEROXIDE, 3% USP 10, (16 OZ/BT) Place in resealable bag to prevent leaks 1 BT

2.26 LABEL, "biohazard", small 2 EA

NFES #001760 Kit, First Aid, Medical Support (continued)

2.27 LIPBALM, individual 50 TU

2.28 LOTION, sun block, 1 OZ, 30 SPF or better Place in resealable bag if not in own box or bag 15 EA

2.29 MASK, pocket, with oxygen inlet 1 EA

2.30 MOLESKIN®, 12” x 5 YD 1 RO

2.31 MUSCLE JEL™, Menthol 3.5% individual packets

(96 PK/BX) 1 BX

2.32 OINTMENT, Bacitracin, 1 g individual packets

(144 PK/BX) 1 BX

2.33 OINTMENT, zinc oxide, (1 OZ/TU)) 1 TU

2.34 PAD, heating, disposable 2 EA

2.35 PAD, non-adherent, 2" x 3" (100 EA/BX) 1 BX

2.36 SANITARY NAPKIN Place in resealable bag

if not in own box or bag 10 EA

2.37 SANITIZER, hand, (1 OZ BT, 36 BT/BX) 1 BX

2.38 SCISSORS, paramedic 1 PR

2.39 SOAP, liquid, 1.5 OZ, (Dawn® or equivalent) 1 BT

2.40 SPENCO ® 2nd SKIN®, 3” x 6.5” adhesive 2 BX

2.41 SPLINT, SAM® XL, 5 ½”x 36” 2 EA

2.42 SPLINTER OUT™ (20 EA/BX) 1 BX

2.43 SPONGE, surgical, 4" x 4" Place in resealable bag

if not in own box or bag 150 EA

2.44 SPRAY, nasal, saline, (1.5 OZ/BT) 6 BT

2.45 STETHOSCOPE Place in resealable bag

if not in own box or bag 1 EA

2.46 SUPPOSITORIES, Preparation H® or equivalent

(12 EA/BX) 1 BX

2.47 TABLET, Antacid (2 tablets/PK, 50 PK/BX) 1 BX

2.48 TABLET, ASPIRIN 325 mg tablets in individual

packets, (2 tablets/PK, 50 PK/BX) 1 BX

2.49 TABLET, Diotame tabs (100 EA/BX) 1 BX

2.50 TABLET, Fexofenadine 180 mg (AKA, Allegra®), (25-50 EA/BX) 2 BX

2.51 TABLET, ibuprofen, 200 mg

(2 tablets/PK, 50 PK/BX) 3 BX

2.52 TABLET, Meclizine, chewable, 25 mg (15 EA/BX) 2 BX

2.53 TABLET, pain relief, non-aspirin (acetaminophen, 500 mg tablets in individual packets), (2 tablets/PK, 250 PK/BX)

1 BX

2.54 TABLET, Phenazopyridine, 97.5-99.5 mg, 12 TB/BX 1 BX

NFES #001760 Kit, First Aid, Medical Support (continued)

ITEM # DESCRIPTION PACKING QTY U/I

2.55 TABLET, Phenylephrine, 10 mg individual packets, (100 PK/BX) 2 BX

2.56 TABLET, Ranitidine, 150 mg (minimum 10 EA/BX) 2 BX

2.57 TAMPONS, (10 PK/BX) Place in resealable bag

if not in own box or bag 1 BX

2.58 TAPE, Transpore™, 2” x 10 linear FT/RO) 4 RO

2.59 THERMOMETER, Single Use, (Sterile) Place in resealable bag if not in own box or bag 25 EA

2.60 TOWELETTE, antiseptic individual packets

(minimum 50 PK/BX)

Place in resealable bag if not in own box or bag 2 BX

2.61 WIPES, CaviCide™, (160 EA/CO) 1 CO

2.62 WIPES, sting relief (100-150/BX) 1 BX

List of Acronyms:

BG = Bag BT = Bottle BX = Box CLIN = Contract Line Item Number CO = Container CT = Count DLA = Defense Logistics Agency EA = Each FL = Fluid FT = Feet G = Gram MG = Milligram NFES = National Fire Equipment System NSN = National Stock Number OZ =Ounce PK = Packet PG = Package PR = Pair QTY = Quantity RO = Roll SH = Sheet TB = Tablet TU = Tube U/I = Unit of Issue YD = Yard

BPA ADMINISTRATION

Any contractual issues, which may arise during the life of this BPA, shall be handled in conformance with specific public laws and regulations (e.g., Federal Acquisition Regulation). Only the Contracting Officer is authorized to formally resolve such problems. Therefore, the COR and/or Government Technical Monitor and the Vendor are hereby directed to bring all such contractual problems to the immediate attention of the Contracting Officer.

Contracting Officer:

Matthew Cox 270-757-8524 Matthew.Cox2@usda.gov

National Fire Cache System Contacts:

Matt Plattes 406-329-4904 Matthew.Plattes@usda.gov

Kris Strong 541-504-7235 Kristopher.Strong@usda.gov mailto:Matthew.Cox2@usda.gov mailto:Matthew.Plattes@usda.gov mailto:Kristopher.Strong@usda.gov

CONTINUATION OF 1449

CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (Aug 2017)(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDS-PRICE ADJUSTMENT (Multiple Year and Option Contracts) (AUG 2018). (52.212-5)

52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDS-PRICE ADJUSTMENT (MAY 2014). (52.212-5)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

AND CONSTRUCTION CONTRACTS (SEP 2013)

52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION (May 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.225-8 DUTY FREE ENTRY (OCT 2010)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-18 AVAILIBILITY OF FUNDS (APR 1984)

52.232-19 AVAILIBILITY OF FUNDS NEXT FISCAL YEAR (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-39 UNENFORCABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (NOV 2021)

52.233-1 DISPUTES (MAY 2014)

52.242-15 STOP WORK ORDER (AUG 1989)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(End Clause)

52.209-4 FIRST ARTICLE APPROVAL-GOVERNMENT TESTING (SEP 1989)

(a) The Contractor shall deliver 3 unit(s) of Lot/Item NFES #001760 within 14 calendar days from the date of this contract to the Government at:

Northern Rockies Area Incident Support Cache (NRK) Northern Rockies Fire Cache 5765 W. Broadway, Bldg. F Missoula, MT 59808

For first article tests. The shipping documentation shall contain this contract number and the contract line item number and description. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 14 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor-

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

Alternate II (Sept 1989). As prescribed in 9.308-2(a)(3) and (b)(3), substitute the following paragraph (h) for paragraph (h) of the basic clause:

(h) Before first article approval, the Contracting Officer may, by written authorization, authorize the Contractor to acquire specific materials or components or to commence https://www.acquisition.gov/far/9.308-2#FAR_9_308_2 production to the extent essential to meet the delivery schedules. Until first article approval is granted, only costs for the first article and costs incurred under this authorization are allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. If first article tests reveal deviations from contract requirements, the Contractor shall, at the location designated by the Government, make the required changes or replace all items produced under this contract at no change in the contract price.

(End Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (MAY 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

(NOV 2015)

(5) 52.233-3, 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, 108-78 (19 U.S.C. 3805 note)).

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

☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

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

☐ (5) [Reserved]

☐ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

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

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

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

☐ (10) [Reserved]

☐ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

☐ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (13) [Reserved]

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

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

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

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

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

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (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 (MAR 2020) of 52.219-9.

☐ (v) Alternate IV (SEP 2021) of 52.219-9.

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

644(r)).

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

☐ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s.

☐ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

☒ (22) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women- Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

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

☒ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

☒ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

☒ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies

(JAN 2022) (E.O. 13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

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

4212).

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

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

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

☒ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.

4212).

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

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

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

☐ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O.13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (OCT 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (JUN 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (JUN 2014) of 52.223-14.

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

☐ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (JUN 2014) of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (JUN 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (JUN 2016) (E.O. 13696).

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

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

☒ (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 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, 19 U.S.C. Chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43).

☐ (ii) Alternate I (JAN 2021) of 52.225-3.

☐ (iii) Alternate II (JAN 2021) of 52.225-3.

☐ (iv) Alternate III (JAN 2021) of 52.225-3.

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

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (JUL 2013) (31 U.S.C. 3332).

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

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

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

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

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

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

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

☒ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.

chapter 67.).

☒ (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) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages Under Executive Order 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 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 and commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (OCT 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 (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 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor…