RFQ 123A9425Q0035 Industrial Gases.pdf
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- Attached to
- Industrial Gases Federal contract opportunity
- Solicitation number
- 123A9425Q0035
About this file
This is a Request for Proposal (RFP) for a Blanket Purchase Agreement (BPA) issued by the USDA Food Safety and Inspection Service (FSIS) to procure industrial gases for three laboratory locations. The BPA will cover ultra-high purity gases including Argon, Helium, Nitrogen, Oxygen, Hydrogen, Methane, Compressed Air, and Blood Gas, with a five-year performance period from 09/12/2025 to 09/11/2030.
The solicitation seeks a single-award, firm-fixed price contract with specific delivery requirements for the Eastern, Midwestern, and Western Laboratories. Offerors must submit technical proposals demonstrating gas quality, delivery capabilities, tank leasing, safety compliance, and past performance. Evaluation will be conducted on a best-value tradeoff basis, with technical factors significantly more important than price. Quotes are due by August 27, 2025, at 2pm EST, with a 90-day validity period. The contract is set aside for small businesses, with a North American Industry Classification Standard (NAICS) code of 325120 and size standard of 1,200 employees.
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| File | Type | Posted |
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| A14 Statement of Work.docx | DOCX document |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
FSIS-ASD-ACQUISITION
BELTSVILLE MD 20705-5230
5601 SUNNYSIDE AVENUE
MAILDROP 5230
USDA, FSIS, ASD, ACQUISITIONS
CODE 16. ADMINISTERED BYCODE
X
X
325120
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORFSIS-ASD-ACQUISITION
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
08/27/2025 1400 ET
08/13/2025
ANGELA CAREY
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
123A9425Q0035
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 24 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
BELTSVILLE MD 20705-5230
5601 SUNNYSIDE AVENUE
MAILDROP 5230
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
USDA, FSIS, ASD, ACQUISITIONS
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
The purpose of this solicitation is to procure industrial gases including Argon, Helium, Nitrogen, Oxygen, Hydrogen, Methane, Compressed Air, and Blood Gas on a routine and emergency basis in accordance with the Statement of Work
(SOW).
Period of Performance: 09/12/2025 to 09/11/2030
0001 Product description: Ultra-High Purity Oxygen Product size: OXUHP300 Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
KAREN R. PETTY
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Product/Service Code: 8120
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
0002 Product description: Ultra-High Purity Helium
Product Size: HE UHP300
Product/Service Code: 8120
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
0003 Product description: Ultra-High Purity Methane
Product Size: ME UHP300
Product/Service Code: 8120
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
0004 Product description: Ultra-High Purity Hydrogen
Product Size: HYUHP300
Product/Service Code: 8120
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
0005 Product description: Ultra-High Purity Nitrogen
Product Size: NIUHP300
Product/Service Code: 8120
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
24 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 24
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
123A9425Q0035
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
0006 Product Description: Nitrogen
Product Size: NI 300
Product/Service Code: 8120
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
0007 Product description: Ultra-High Purity Argon
Product size: AR 180LT230
Product/Service Code: 8120
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
0008 Product description: Ultra-Pure Carrier grade
Argon
Product Size: AR UPC300
Product/Service Code: 8120
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
0009 Product description: Argon/Methane (PS)
Product size: X02AR95D3002178
Product/Service Code: 8120
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
0010 Product description: Blood Gas (10%CO2/5%O2)
Product size: Z03NI8542000020
Product/Service Code: 8120
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
0011 Product description: Compressed Air
Product size: AIB300
Product/Service Code: 8120
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
4 24
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
123A9425Q0035
0012 Delivery Cost
Product/Service Code: 8120
Product/Service Description: COMMERCIAL AND
INDUSTRIAL GAS CYLINDERS
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions,Conditions, and Notices to Bidders M - Evaluation Factors for Award
B - Supplies or Services/Prices
The Government intends to establish a single-award Firm-Fixed Price (FFP) Blanket Purchase Agreements (BPAs) as a result of this solicitation, in accordance with FAR 13.303 and FAR 16. This BPA will be used to furnish the Eastern Laboratory (EL), Midwestern Laboratory (ML), and Western Laboratory with industrial gases.
The Government anticipates recurring requirements for Argon, Helium, Nitrogen, Oxygen, Hydrogen, Methane, Compressed Air, and Blood Gas on a routine and emergency basis. The use of a BPA will allow the Government to place firm-fixed-price Call Orders for specific industrial gases over the term of the agreement.
The BPA is anticipated to have a period of performance for five (5) consecutive years from the effective date of the award, unless earlier terminated. The Contractor shall deliver industrial gases, on a Firm-Fixed- Price basis, to the Food Safety and Inspection Service (FSIS) Eastern Laboratory (EL), Midwestern Laboratory (ML), and Western Laboratory in the accordance with the attached Statement of Work.
Call Orders will be issued under the BPA at fixed prices agreed upon at the time of the BPA establishment.
Call Orders shall reflect the agreed-upon prices for that specific year. No minimum guaranteed quantity is implied or stated.
FIRM FIXED PRICE CLIN
CLIN
Description Quantity
Unit of Issue
Unit Price
Total Fixed Price (Not to Exceed)
Product description: Ultra-High Purity Oxygen Product size: OXUHP300
EA
Product description: Ultra-High Purity Helium Product Size: HE UHP300
1 EA
0003 Product description: Ultra-High Purity Methane Product Size: ME UHP300 1 EA
0004 Product description: Ultra-High Purity Hydrogen Product Size: HYUHP300 1 EA
0005 Product description: Ultra-High Purity Nitrogen Product Size: NIUHP300 1 EA
0006 Product Description: Nitrogen Product Size: NI 300 1 EA
0007 Product description: Ultra-High Purity Argon Product size: AR 180LT230 1 EA
0008 Product description: Ultra-Pure Carrier grade Argon Product Size: AR UPC300 1 EA
0009 Product description: Argon/Methane (PS) 1 EA
C - Description/Specifications
The contactor shall furnish the Eastern Laboratory (EL), Midwestern Laboratory (ML), and Western Laboratory with industrial gases including Argon, Helium, Nitrogen, Oxygen, Hydrogen, Methane, Compressed Air, and Blood Gas on a routine and emergency basis. The Contractor shall, without additional expense to FSIS, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, state and local laws, codes, and regulations in connection with the execution of the work.
Ordering Procedures
1. Any supplies and services to be furnished under this BPA shall be ordered by issuance of Call Orders by the individuals or activities designated in the Schedule. Such orders may be issued from "Award Date" through five (5) consecutive years.
(a) All Call Orders are subject to the terms and conditions of this BPA. In the event of conflict between a Call Order and the BPA, the BPA shall control.
(b) A Call Order is considered "issued" if sent electronically, the Government either-
(i) Posts a copy of the Call Order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the Call Order via email to the Contractor's email address.
2. No minimum guarantee or ceiling amount applies to the BPA resulting from this solicitation. The Government is obligated only to the extent of authorized purchases actually made via issuance of Call Orders under the BPA.
D - Packaging and Marking
The Contractor shall package, mark, label and placard all items in such a manner that all applicable federal, state, and local EPA and DOT regulations are met. Packaging, shipping names, marking, labeling, placarding, etc., under the terms of this contract will be in accordance with 49 CFR and 40 CFR. If items must be packaged for proper shipment, the contractor shall perform such repackaging and furnish all required materials. When repackaging is necessary, the contractor shall be responsible for disposal of the original container and placarding in a manner that complies with all applicable federal, state, and local EPA and DOT regulations.
E - Inspection and Acceptance
The Contracting Officer or the Contracting Officer's Representative (COR) will inspect and accept the supplies and/or services to be provided under this contract.
Inspection and acceptance will be performed at the FSIS Laboratory being serviced.
F - Deliveries or Performance
F.1 Period of Performance
Product size: X02AR95D3002178
0010 Product description: Blood Gas (10%CO2/5%O2) Product size: Z03NI8542000020 1 EA
0011 Product description: Compressed Air Product size: AIB300 1 EA
0012 Delivery 1 EA
The total period of performance shall not exceed 60 months. The period of performance for the BPA is five(5) consecutive years after the date of award.
BPA Call orders awarded prior to the expiration date of the agreement shall be completed in accordance with the terms and conditions of the Call Order.
F.2 Delivery Locations
USDA, FSIS, OPHS, Mid-Western Laboratory 7654 Natural Bridge Road St Louis, MO 63121 Point of Contact:
Phone:
USDA, FSIS, OPHS, Eastern Laboratory 950 College Station Road Athens, GA 30605 Point of Contact:
Phone:
USDA, FSIS, OPHS, Western Laboratory 800 Buchanan St, Albany, CA 94710 Point of Contact:
Phone:
F.3 Delivery Instructions
Midwestern Laboratory Delivery Instructions:
• Upon notice, gas cylinders will need to instead be delivered to USDA FSIS Midwestern Lab, 7654 Natural Bridge Road, St. Louis, MO 63121
• Deliveries are accepted Monday to Friday 7:30am to 4pm.
• Entry to the facility is through the front gate. The guard will grant access to the loading dock through the back gate.
• Valid Driver's License required for entry
Eastern Laboratory Delivery Instructions-
• Gas cylinders are to be delivered to the USDA FSIS Eastern Laboratory Chemistry Department
• Located on the 6th floor of the Russell Research Center.
• Deliveries will only be accepted between the hours of 8:30 am and 3:00 pm
• Entry to the facility is through the rear of the main building (RRC). The driver must use the intercom system to gain access.
• Valid Driver's License required for entry
Western Laboratory Delivery Instructions-
• Gas cylinders are to be delivered to USDA FSIS Western Laboratory's Sample and Receiving department located on the ground floor of the Western Regional Research Center
• Deliveries are accepted Monday through Friday between 8:00am and 3:00pm
• Entry to the facility is through the front gate. The driver must use the intercom system to gain access.
• Valid Driver's License required for entry
F.4 Delivery Schedule
Mid-Western Laboratory Delivery Schedule (MWL)
Delivery Date
Product Size
Product Description
Total Quantity for the Year
Cylinders in use
Empty Cylinder Inventory Prior to Initial Delivery
Every6 Months
AR
UPC300
Ultra-Pure Carrier grade Argon
4 (2 every six months)
8 1
Every 6 Months
HE
UHP300
Ultra-High Purity Helium
2 (1 every six months
2 1
Every 6 Months NI 300 Nitrogen 2 (1 every six months) 0 2
Every 6 Months
NI
UHP300
Ultra-High Purity Nitrogen
6 (3 every six months)
0 6
Annual HY
UHP300
Ultra-High Purity Hydrogen 1 1 1
Eastern Laboratory Delivery Schedule (EL)
Delivery Date
Product Size
Product Description
Total Quantity for the Yearkkkkkkkkk kk
Cylinders in use
Empty Cylinder Inventory Prior to Initial Delivery
Weekly AR 180LT230 UHP Argon 156 (3 cylinders/week)
3 2
Biweekly AIB300 Compressed Air (2 times a month;
every other week)
5 0
Biweekly HE UHP300 UHP Helium (2 times a month;
every other week)
11 1
Monthly X02AR95D300217
Argon/Methane
(PS)
(1 every month)
4 1
Monthly AR UHP300 UHP Argon 12 (1 every month)
3 0
Monthly NIUHP300 UHP Nitrogen 12 (1 every month)
8 1
Bimonthly Z03NI8542000020 Blood Gas
(10%CO2/5%O
2)
(1 every other month)
1 1
Bimonthly OXUHP300 UHP Oxygen 6 (1 every other month)
3 0
Annual HYUHP300 UHP Hydrogen 1 (Upon request)
1 0
Annual ME UHP300 UHP Methane 1 (Upon request)
1 1
Annual HY UHP80 UHP Hydrogen 2 (Upon request)
2 0
F.5 Legal Holidays
(a)The Federal Government observes the following days as holidays.
*If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.
(b) In addition to the days designated above as holidays, the Government may observe additional days in accordance with 5 USC 6103.
G - Contract Administration Data
CONTRACTING OFFICER (JAN 2012)
The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules;
issue task orders against the contract; make final decisions on disputed deductions from contract payments for nonperformance, or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, the CO may delegate certain other responsibilities to the Contracting Officer's Representative (COR). All delegated duties will be specified in writing by the Contracting Officer.
DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (FEB 2020)
The Contracting Officer hereby designates as the Contracting Officer's Representative (COR):
Western Laboratory Delivery Schedule (WL)
Delivery Date
Product Size
Product Description
Total Quantity for the Year
Cylinders in use
Empty Cylinder Inventory Prior to Initial Delivery
Monthly
AR
UHP300
Ultra-High Purity Argon
24 (Upon request) 0 2
Monthly HE
UHP300
Ultra-High Purity Helium
24 (Upon request) 0 2
Monthly NI
UHP300
Ultra-High Purity Nitrogen
24 (Upon request) 0 2
New Year's Day January 1st* Martin Luther King's Birthday Third Monday in January Presidents' Day Third Monday in February Memorial Day Last Monday in May Juneteenth National Independence Day June 19th* Independence Day July 4th* Labor Day First Monday in September Columbus Day Second Monday in October Veterans' Day November 11th Thanksgiving Day Fourth Thursday in November Christmas Day December 25th*
[TO BE DESIGNATED UPON AWARD]
The COR shall be responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.
The Contracting Officer shall be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract shall be modified accordingly.
On all matters that pertain to the contract terms, the contractor shall communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the contractor shall so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage may result in nonpayment or necessitate submittal of a contract claim.
The COR shall be responsible for initiating the Contractor Performance Assessment Report (CPAR) for awards over the simplified acquisition threshold of $250K to document contractor's performance during the period of performance 14 days after completion of services or delivery of goods.
[End of Text]
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING
PLATFORM (IPP) (APR 2013)
Effective May 6, 2013, payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform (IPP).
"Payment Request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions' Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment, UserIDs and passwords can be obtained by contacting the IPP Helpdesk via email at IPP Customer Support Desk at 1-866-973-3131 or IPPCustomerSupport@fms.treas.gov. For all other IPP issues, please contact: National Finance Center's Controller Operations Division (COD) Helpdesk at 1-877-243-3072 or COD.HELP@usda.gov.
H - Special Contract Requirements
Reference: Attachment A - Statement of Work (SOW)
I - Contract Clauses
52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-14 Service Contract Reporting Requirements. (OCT 2016)
52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) http:// mailto:
52.204-27 Prohibition on a ByteDance Covered Application. (JUN 2023)
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)
52.223-23 Sustainable Products and Services. (MAY 2024)
52.232-37 Multiple Payment Arrangements. (MAY 1999)
52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far
(End of clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.
3903 and 10 U.S.C. 3801).
(6)52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7)52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:[Contracting Officer check as appropriate.]
[ ](1)52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
http://
[ ](2)52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[ ](3)52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ](4)52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR3.900(a).
[ ](5)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.
L. 109-282) (31 U.S.C. 6101 note).
[ ](6) [Reserved]
[ ](7)52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ](8)52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[X](9)52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
[ ](10)52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title
II).
[ ](11)(i)52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition. (DEC 2023) (Pub.
L. 115-390, title II).
[ ](ii) Alternate I (DEC 2023) of52.204-30.
[X](12)52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).
[ ](13)52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[ ](14) [Reserved]
[ ](15)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[ ](16)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ](17) [Reserved]
[ ](18)(i)52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[ ](ii) Alternate I (MAR 2020) of52.219-6.
[ ](19)(i)52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[ ](ii) Alternate I (MAR 2020) of52.219-7.
[ ](20)52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).
[ ](21)(i)52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).
[ ](ii) Alternate I (NOV 2016) of 52.219-9.
[ ](iii) Alternate II (NOV 2016) of 52.219-9.
[ ](iv) Alternate III (JUN 2020) of 52.219-9.
[ ](v) Alternate IV (JAN 2025) of 52.219-9.
[ ](22)(i)52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[ ](ii) Alternate I (MAR 2020) of 52.219-13.
[ ](23)52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[ ](24)52.219-16, Liquidated Damages- Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ](25)52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[ ](26)(i)52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C.
632(a)(2)).
[ ](ii) Alternate I (MAR 2020) of52.219-28.
[ ](27)52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
[ ](28)52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
[ ](29)52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[ ](30)52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
[X](31)52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[ ](32)52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).
[ ](33)[RESERVED] 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[ ](34)[RESERVED] (i)52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
[ ](ii) Alternate I (FEB 1999) of52.222-26.
[X](35)(i)52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[ ](ii) Alternate I (JULY 2014) of 52.222-35.
[X](36)(i)52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[ ](ii) Alternate I (JULY 2014) of 52.222-36.
[X](37)52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[ ](38)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X](39)(i)52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.
13627).
[ ](ii) Alternate I (MAR 2015) of52.222-50(22 U.S.C. chapter 78 and E.O. 13627).
[ ](40)52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR22.1803.)
[ ](41)(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ](ii) Alternate I (MAY 2008) of52.223-9(42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ](42)52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671,et seq.).
[ ](43)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671,et seq.).
[ ](44)52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671,et seq.).
[ ](45)52.223-21, Foams (MAY 2024) (42 U.S.C. 7671,et seq.).
[X](46)52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.
6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
[ ](47)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ](ii) Alternate I (JAN 2017) of 52.224-3.
[ ](48)(i)52.225-1, Buy American- Supplies (OCT 2022)) (41 U.S.C. chapter 83).
[ ](ii) Alternate I (OCT 2022) of 52.225-1.
[ ](49)(i)52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.
[ ](ii) Alternate I [Reserved].
[ ](iii) Alternate II (JAN 2025) of 52.225-3.
[ ](iv) Alternate III (FEB 2024) of 52.225-3.
[ ](v) Alternate IV (OCT 2022) of 52.225-3.
[ ](50)52.225-5, Trade Agreements (NOV 2023) (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.
Subtitle A, Part V, Subpart G Note).
[ ](53)52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[ ](54)52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[X](55)52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[ ](56)52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
[ ](57)52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services
(NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).
[ ](58)52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X](59)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).
[ ](60)52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[X](61)52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[ ](62)52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ](63)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.
3901 note prec.).
[ ](64)52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[ ](65)(i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ](ii) Alternate I (Apr 2003) of52.247-64.
[ ](iii) Alternate II (NOV 2021) of52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:[Contracting Officer check as appropriate.]
[ ](1)52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. 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).
[X](7)52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
[X](8)52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[ ](9)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
[ ](10)52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).
(d)Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR2.101, on the date of award of this contract, and does not contain the clause at52.215-2, 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 Subpart4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i)52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii)52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(v)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi)52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)(A)52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (DEC 2023) (Pub.
L. 115-390, title II).
(B) Alternate I (DEC 2023) of52.204-30.
(viii)52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR19.702(a) on the date of subcontract award, the subcontractor must include52.219-8in lower tier subcontracts that offer subcontracting opportunities.
(ix)[RESERVED] 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x){RESERVED] 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi)52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii)52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii)52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause52.222-40.
(xv)52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xvi)[ ](A)52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.
13627).
[ ](B) Alternate I (MAR 2015) of52.222-50(22 U.S.C. chapter 78 and E.O. 13627).
(xvii)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xviii)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xix)52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).
(xx)52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi)52.222-62Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii)52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
Subtitle A, Part V, Subpart G Note).
(xxiv)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause52.226-6.
(xxv)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of52.232-40.
(xxvi)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.
3901 note prec.).
(xxvii)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.
55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause52.247- 64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
J - List of Documents, Exhibits and Other Attachments
Attachment Number Title Date
1 A14 Statement of Work 07/25/2025
K - Representations, Certifications, and Other Statements of Bidders
52.204-17 Ownership or Control of Offeror. (AUG 2020)
(a) Definitions. As used in this provision-
Commercial and Government Entity (CAGE) code means-
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code: [ ]
Immediate owner legal name: [ (Do not use a "doing business as" name)]
Is the immediate owner owned or controlled by another entity?: [ ] Yes or [ ] No.
(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code: [ ]
Highest-level owner legal name: [(Do not use a "doing business as" name)]
(End of provision)
52.204-20 Predecessor of Offeror. (AUG 2020)
(a) Definitions. As used in this provision-
Commercial and Government Entity (CAGE) code means-
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: [(or mark "Unknown")].
Predecessor legal name: [(Do not use a "doing business as" name)].
(End of provision)
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.
(DEC 2016)
52.212-3 Offeror Representations and Certifications' Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025)
Reps and Certs
L - Instructions,Conditions, and Notices to Bidders
52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)
52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far
(End of provision)
L.1 General Instructions
The U.S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), is seeking a qualified contractor to supply ultra-high purity (UHP) industrial gases, including Argon, Helium, Nitrogen, Oxygen, Hydrogen, Methane, Compressed Air, and Blood Gas to FSIS Eastern Laboratory (EL), Midwestern Laboratory (MWL), and Western Laboratory (WL). The BPA will support both scheduled deliveries and emergency orders with defined delivery windows of 24 to 48 hours. Offerors shall provide complete documentation demonstrating their technical capability, pricing structure, and performance history.
The government intends to establish a Firm-Fixed Price, Single-Award Blanket Purchase Agreements (BPAs) for a base period of five (5) consecutive years, to support FSIS laboratories and facilities nationwide.
This acquisition is being conducted in accordance with FAR Parts 12 and 13 (Commercial and Simplified Acquisition Procedures).
Offerors are required to complete FAR provision 52.212-3, and other required reps/certs in SAM.gov.
Offerors must submit complete quotes electronically to Contract Specialist by the due date and time listed in the solicitation. Late submissions will not be considered.
http://
L.2 Quote Format and Content
Format
- Quotes shall be submitted electronically in PDF Format, no smaller than 10-font Times New Roman
- Page limits
- Technical (15 pages)
- Price Proposal (no page limit)
- Past Performance (5 pages)
- Submit quotes by the due date specified in this solicitation
Quotes shall consist of two (2) Volumes:
Volume I - Technical (15-page limit, excluding appendices)
1. Technical Subfactor 1.1 - Gas Quality and Purity Standards
- Identify and describe the purity levels for each offered gas type (e.g., UHP 99.999% purity)
- Submit representative Certificates of Analysis (COAs) for each gas proposed
- Explain quality assurance and quality control (QA/QC) procedures, including calibration gas capabilities, contamination controls, and traceability.
- List any relevant industry certifications (e.g. ISO 90001, Compressed Gas Association (CGA) standards)
Subfactor 1.2 - Delivery Capability
- Describe processes for fulfilling:
- Routine deliveries to three designated laboratory locations
- Emergency orders within 24 to 48 hours, including after-hours and weekend availability
- Detail logistics infrastructure and delivery fleet readiness
- Explain order tracking and communication protocols with Government points of contact.
Subfactor 1.3 - Tank Leasing and Equipment Support
- Provide information on availability and terms for leased or loaned tanks
- Describe tank condition assurance, inspection schedules, and safety certifications
- Include methods for tracking tank usage, returns, and replacements
Subfactor 1.4 - Safety and Regulatory Compliance
- Describe compliance with applicable state and federal regulations (e.g. Occupational Safety and Health Administration (OSHA), Department of Transportation (DOT), Environmental Protection Agency (EPA))
- Provide evidence of safety training for personnel and incident response protocols
- Include Safety Data Sheets (SDSs) for all proposed gases
2. Past Performance
- Describe company experience in providing high-purity gases to Government or commercial labs.
- Include at least three (3) contracts within the past five (5) years that are relevant and similar in size and scope.
- For each reference, include: customer name, contract number, contract value, period of performance, scope of work, and contact information.
Volume II - Pricing
The Offeror shall provide a complete price build up for the Period of Performance that includes and clearly identifies all labor, and other costs, which must reconcile with the offered prices. Pricing shall be identified for the entire period of performance, five (5) consecutive years. Certified cost and pricing data is not required to be submitted part of the Volume II Cost/Pricing.
• Firm fixed unit prices for each gas type and purity grade
• Pricing for routine deliveries and emergency response services
• Tank rental pricing (if separate) and applicable surcharges or fees
• Delivery Charges (routine and emergency)
• Identify any volume-based discounts or tiered pricing models
• Price list of any ancillary equipment or services
L.3 Site Visit / Locations
The Government does not anticipate site visits at this time. FSIS laboratories may be geographically dispersed, including remote sites.
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