RFQ_75N91022Q00122.pdf

STATEMENT OF NEED (SON)

RFQ_75N91022Q00122

Title: Acquisition of two (2) Becton Dickson (BD) FACSymphony S6 Cell Sorters or Equivalent

Classification Code: 6640 – Laboratory Equipment and Supplies

NAICS Code: 334516 – Analytical Laboratory Instrument Manufacturing

1.0 DESCRIPTION

This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in this notice, and shall be processed in accordance with FAR Part 13.5 – Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation; quotations are being requested and a separate, written solicitation will not be issued. This solicitation, 75N91022Q00122, is issued as a request for quotation (RFQ) and includes all applicable provisions and clauses in effect through FAR Federal Acquisition Circular (FAC) 2022-06 (05/26/2022), simplified acquisition procedures for commercial items.

The North American Industry Classification System (NAICS) code is 334516 – Analytical Laboratory Instrument Manufacturing and the business size standard is 1,000 employees.

One (1) firm fixed price purchase order award will be made as a result of this solicitation.

2.0 BACKGROUND

The U.S. Department of Health and Human Services (HHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer research (CCR), Surgery Branch and Vaccine Branch require new flow cytometer cell sorters in order to continue critical cancer research.

The Surgery Branch currently uses a BD FAC Symphony A3 analyzer to meet the increasing demands from researchers in the branch, seeking to develop better treatments for metastatic disease, using adoptive cell therapy. Investigators want to take findings acquired on the BD FAC Symphony A3 analyzer to the next level and extract/sort these rare, sub-populations of cells, which show promise for treating metastatic cancers in patients, using adoptive cell therapy.

However, the current BD 14-color FACS Aria II cell sorter does not have the required configuration, sensitivity & detection-capabilities needed to achieve the desired results.

The Vaccine Branch currently uses a FACS Aria II cell sorter for both tube cell sorting and 96 well plate cell sorting of cells stained with different fluorescently conjugated antibodies and fluorescent protein probes. In addition, the Vaccine Branch Flow Cytometry Core frequently sorts samples that are HIV and SIV positive, so it is necessary to have a cell sorter that is equipped with a biosafety cabinet (BSC) to be in compliance with current NIH cell sorting safety standards. However, this instrument cannot be upgraded with a BSC or to match the 28 color configurations of the FAC Symphony A5 analyzers currently being used in the core. Therefore, it is critical that the current instrument is replaced so that the mission of CCR will not be negatively impacted.

3.0 TYPE OF ORDER

This is a firm fixed price purchase order.

4.0 SPECIAL ORDER REQUIREMENTS

4.1 REQUIRED ITEMS

The following items shall be included for unit 1, (NCI Surgery Branch):

• One(1) flow cytometer

• One (1) computer workstation

• One (1) workstation accessory cart

• One (1) computer monitor

• One (1) Class 2 biosafety cabinet

• Coherent Connection with Integration Kit

• HPS Fluorochrome Evaluation Kit

• HPS Prototype Fluorochrome Eval Kit

The following items shall be included for unit 2, (NCI Vaccine Branch):

• One(1) flow cytometer cell sorter

• One (1) air compressor

• One (1) computer workstation

• One (1) workstation accessory cart

• One (1) computer monitor

• One (1) biosafety cabinet

• One (1) Fluorochrome Evaluation Reagent Kit

• One (1) Prototype Fluorochrome Evaluation Reagent Kit

• One (1) High parameter immunology reagent kit

4.2 REQUIRED TRADE-IN

This acquisition includes a Government-owned property trade-in requirement. Quoters shall provide a trade-in credit for one (1) Government-Owned (CCR, Surgery Branch) BD FACS Aria cell sorter (serial number P07800094), and one (1) Government-owned (CCR, Vaccine Branch) BD FACS Aria II cell sorter (serial number P18200026), both of which have been identified to be in “useable” condition by the NCI Property Management Branch. The trade-in credit shall include all applicable costs for removal of the existing system such as labor, equipment, packaging/crates, shipping, and insurance at no additional cost to the Government.

Note: the NCI Property team assigns one of the following codes based on the condition of the instrument: New (unused), Useable, Repairable, Scrap or Salvage.

4.3 PRODUCT FEATURES/SALIENT CHARACTERISTICS

4.3.1 The following product features/characteristics are required for unit 1, (NCI Surgery

Branch). The instrument shall:

• Have the capability of up to 9 lasers, 60 parameters with 58 colors. This is needed to future-proof the instrument so that it can be upgraded to handle future reagents and application needs.

• Use state of the art fiber optics to carry the light/fluorescent signal from the flow cell to the photomultiplier tube detectors (PMTs). This is needed to minimize noise in each channel.

• Have the option for tube, APD or Silicon Chip detectors based on maximum channel sensitivity with each type. This is needed to optimize each channel for the best signal to noise ratio.

• Include, at a minimum, five (5) Class 3B and Class 4 lasers, a 488nm 100mW Blue laser, a 637nm 140mW Red laser, a 561nm 150mW Yellow Green laser, a 405nm 100mW Violet laser, a 355nm 60mW UV laser, allowing for the excitation and detection of up to 23 separate fluorochromes (colors).

• Be equipped with a sort chamber that consists of an air-launched & focused cuvette flow cell.

• Include 5 lasers separated from each other, to reduce cross-laser excitation of susceptible fluorochromes.

• Be equipped with fixed alignment optics in conjunction with solid state lasers ranging in power from 60mW to 150mW.

• Be equipped with advanced low noise electronics for a minimum of 23 channels.

• Be equipped with easily replaceable optical filters and mirrors for experimental flexibility, allowing for the handling of different fluorochromes for different applications.

• Have sensitivity of <15 MESF-PE and <50 MESF-FITC, in order to detect dimly expressed fluorophores.

• Provide for performing real-time statistics via the integrated software and be capable of collecting real-time area, height and with measurements for each channel to allow CCR to monitor events being acquired and evaluated for sorting.

• Have a LED Integrated Pulser QC tool. This allows for optimal detector settings and can detect problems with individual detectors.

• Have software for standardizing and Quality Control (QC) of the instrument. The software must automate the QC of numerous parameters; alert the user if a parameter does not meet specification; and track the QC parameters over time. Having quality control built into the software is required to standardize experimental samples that are acquired at different times, i.e. many months apart, during long-term experiments.

• Have Laser Control Software which allows the user to adjust laser power up or down on an as needed basis. This is required because different experiments have different fluorochromes with different laser requirements.

• Include reagents to evaluate and determine optimal instrument settings including:

o A high parameter immunology panel of human antibody reagents for instrument setup; and o A prototype fluorochrome evaluation kit with human antibody reagents for evaluating detectors where non-standard reagents can be used.

These reagents are critical to instrument setup for this core facility. Similar reagents, including proprietary reagents, are currently being used in existing experimental panels.

These reagents will allow the instrument to be set up in the same manner as the existing FAC Symphony A3 instrument currently residing in the SB core.

• Include reagents to assist in designing and setting up high parameter staining panels including:

o A high parameter reagent design kit with access to 150 small scale fluorochrome conjugated antibodies

These reagents will be used to set up future staining panels that are compatible with existing protocols.

• Be capable of executing 6-way sorting into both tubes & microtiter plates.

• Be configured to allow for the sorting of 4 different cell sizes; therefore, the instrument shall be equipped with the following sorting nozzle or chip: 70um, 85um, 100um, and 130um.

• Include a flexible, automated cell deposition that allows for switching between 6, 24, 48, 96 and 384- well microtiter plates.

• Be configured so that pulse sampling precisely matches the particle flow rate in the cuvette during signal processing.

• Have pulse processing that includes height, area, and width measurements for any parameter.

• Have a minimum of 25 PMTs, arranged between 5 separate cascade arrays.

• Allow the user to change all band pass filters in the detector array.

• Include an autoclavable 10-L steal sheath tank to enable sterile sorting.

• Include a workstation that runs on minimum Windows 10 64bit, inclusive of accompanying acquisition software, for compatibility with the existing operating system utilized in the lab.

• Be capable of 16-gate deep sorting in order to identify high-dimensional sub-populations of rare cells, targeted for sorting.

• Include Aerosol Management that is designed to protect the operator, e.g. biologically hazardous samples run through an enclosed pathway, from the sample injection port to the sort collection tubes.

• Be capable of adjustable agitation of the sample to keep the cells suspended throughout a long-term sort.

• The instruments footprint, positioned inside its Class 2 Biosafety cabinet, shall not exceed the available laboratory space of the surgery branch as follows: 36”L x 55”W x 85”H.

• Be capable of mirroring detectors & laser power of the SB’s existing BD FAC Symphony A3 Special Order Research Product (SORP) Analyzer (serial# R66093700078), so that the same antibody panels used for analysis can be used for sorting.

4.3.2 The following product features/characteristics are required for unit 2, (NCI Vaccine Branch). The instrument shall:

• Be equipped with the following lasers at a minimum:

o 488nm 100mw Coherent Sapphire o 637nm 140mw Coherent OBIS laser o 405nm 100mw Coherent OBIS laser o 561nm 150mw Coherent OBIS laser o 355nm 60mw Coherent G4 UV laser

• Be equipped with the ability to be upgraded with up to 9 lasers, 60 parameters with 58 colors. This is needed to future-proof the instrument so that it can be upgraded to handle future reagents and application needs.

• Be equipped with a quartz cuvette flow cell with fixed laser alignment. This is necessary to minimize setup time and to assist with normalization between experiments.

• Be equipped with fiber optics to carry the light/fluorescent signal from the flow cell to the photomultiplier tube detectors (PMTs). This is needed to minimize noise in each channel.

• Be capable of photomultiplier tube, APD or Silicon Chip detectors based on maximum channel sensitivity with each type. This is needed to optimize each channel for the best signal to noise ratio.

• Be equipped with decagon optical arrangements for 5 lasers and have the option to upgrade to a 20-detector cascade array for spectral analysis. This allows for the detection of up to 10 fluorochromes per laser and is compatible with current and future reagents. The option for the 20-detector cascade array allows for the option for future spectral analysis-based cell sorting.

• Be equipped with air-cooled lasers that do not require special electrical, plumbing air specifications/setup. The facility is not equipped for water-cooled lasers nor electrical and/or plumbing requirements.

• Be equipped with fixed alignment optics in conjunction with solid state lasers ranging in power from 60mW to 1000mW. Fixed alignment lasers allow for more consistency between experiments and since many experiments in this facility run for more than 1 year.

• Be equipped with easily replaceable optical filters and mirrors for experimental flexibility. All Vaccine Branch Core instruments are required to have the flexibility to handle different fluorochromes for different applications.

• Be capable of 6-way high speed sorting and 96-well and 384-well plate sorting for the Core to perform requested experiments for core users.

• Be capable of sensitivity of <15 MESF-PE and <50 MESF-FITC to ensure compatibility with all in progress/ongoing experiments.

• Be able to perform real-time statistics via the integrated software and to collect real-time area, height and with measurements for each channel in order to monitor experimental samples during acquisition.

• Be equipped with software for standardizing and Quality Control (QC) of the instrument.

• The software must automate the QC of numerous parameters; alert the user if a parameter does not meet specification; and track the QC parameters over time. Having quality control built into the software is needed to standardize experimental samples that are acquired at different times, i.e. many months apart, during long-term experiments.

• Be equipped with a LED Integrated Pulser QC tool. This allows for optimal detector settings and can detect problems with individual detectors.

• Be capable of analyzing at least 30 logical gates. The nature of the vaccine samples often run on the instrument requires the analysis of rare populations of cells that require many markers to define.

• Be equipped with state-of-the-art low noise digital acquisition electronics with acquisition speeds of 70,000 events per second. These acquisition speeds are required to process samples that are acquired at over 1 million events per data file.

• Be equipped with laser control software which allows the user to adjust laser power up or down on an as needed basis. This is needed because different experiments have different fluorochromes with different laser requirements.

• Be software compatible with existing laboratory and institute high parameter cytometers that are manufactured by BD Biosciences for ease of transition of existing experimental protocols and minimum operator training. The VB Core currently has 3 BD FAC Symphony A5 analyzers.

• Be equipped with a computer workstation optimized to run instrument control software using minimum Windows 10 operating system for compatibility with the existing operating system utilized in the Core.

• Be equipped with the same laser and optical configurations of the existing BD FAC Symphony A5 analyzers in the core facility, which are as follows:

o 30 parameters (FSC, SSC and 28 Flurorescent) o 488nm: BB515, BB630, BB660, BB700, BB790 o 637nm: APC, Alexa 700, APC-Cy7 o 405nm: BV421, BV480, BV570, BV605, BV650, BV711, BV750, BV786 o 561nm: PE, PE-CF596, PE -Cy5, PE-Cy7 o 355nm: BUV395, DAPI, BUV496, BUV563, BUV615, BUV661, BUV737, BUV805

This is necessary so that the same antibody panels used for analysis can be used for sorting.

• Include reagents to evaluate and determine optimal instrument settings including:

o A high parameter immunology panel of human antibody reagents for instrument setup; and o A prototype fluorochrome evaluation kit with human antibody reagents for evaluating detectors where non-standard reagents can be used (BB630, BB660, BB790, BUV615)

These reagents are critical to instrument set up for this core facility. Similar reagents including the proprietary reagents, BB630, BB660, BB790 and BUV615 are currently being used in existing experimental panels. These reagents will allow this instrument to be set up in the same manner as the three existing FAC Symphony A5 instruments in the core.

• Include reagents to assist in designing and setting up high parameter staining panels including:

o A high parameter reagent design kit with access to 150 small scale fluorochrome conjugated antibodies.

These reagents will be used to setup future staining panels that are compatible with existing protocols.

4.4 DELIVERY / INSTALLATION

The Contractor shall deliver the instruments within 90 business days of purchase order award.

The Contractor shall provide the NCI Technical Point of Contacts (TPOCs), TBD at award, with tracking information to anticipate delivery to the best extent possible. All shipping/handling (including FOB) and delivery/installation fees shall be included. Upon delivery, the Contractor shall notify the TPOC to schedule the installation date and time that shall occur within 14 business days of delivery. Installation shall be performed by, or under the direct supervision of, an Original Equipment Manufacturer (OEM) certified operator.

The Contractor shall deliver and install the instruments at the following address(es):

Unit 1 (as described in section 4.3.1):

NIH/NCI/CCR Surgery Branch 10 Center Drive Building 10 CRC 3rd Floor Room 3W-5897

Unit 2 (as described in section 4.3.2):

NIH/NCI/CCR Vaccine Branch 41 Medlars Drive Room D702A1 Bethesda, MD 20892

4.5 TRAINING

Within five (5) business days of installation, the Contractor shall provide training on the proper use of each instrument to NCI researchers at the above location. All training expenses, including materials and/or travel expenses shall be included in the quoted price.

4.6 WARRANTY

The Contractor shall warrant supplies furnished under this award against any defects in design, material, or manufacture for a period of at least twelve (12) months from the date of installation. The Contractor shall also warrant and imply that all items delivered as a result of this order are merchantable and fit for use for the particular purpose described in the order in accordance with FAR 52.212-4(o).

If a defect results in lost or decreased performance of supplies furnished under this order, the Contractor shall cover all parts, materials, labor, and/or travel expenses required to repair or replace the supplies at no cost to the Government. For all issues covered under warranty, the Contractor shall provide a response within 48 hours in order to maintain instrument functionality for critical samples.

Supplies which are repaired or replaced shall be warranted for the remainder of the initial warranty period or for 90-days – whichever is greater.

4.7 PROCEDURES DURING COVID-19 PANDEMIC

Due to the current COVID-19 pandemic, the Contractor must pay close attention to the following delivery instructions. Please be aware that due to the fluidity of the existing pandemic, instructions may be updated as needed after award.

- The equipment shall be delivered within the timeframe listed in section 4.4 above.

- The Contractor shall:

• Store or hold equipment until NCI is ready to accept the equipment at no additional cost;

• The equipment shall not be sold to another business in the event NCI is not ready to accept delivery due to unanticipated changes related to COVID-19; and

• Training as required by the Statement of Need shall be made available and provided to required staff at different times and dates, if required, at no additional cost.

- Communicate and follow instructions from the TPOC to coordinate delivery, installation and training in accordance with the timeframes stated in sections 4.4 through 4.5 above. The delivery address and TPOC’s information will be provided at the time of award and must be included as part of the order/shipping label.

- All companies delivering to NIH’s main campus shall comply with Commercial Vehicle Inspection Facility (CVIF) access procedures. CVIF will provide a list of buildings with loading docks.

- Delivered items will be logged in and the loading dock Contractor or Government employee will attempt to contact the TPOC for inspection and acceptance of the package. In the event the TPOC is unable to accept the package, the equipment shall not be left at the loading dock station. The Contractor shall confirm another attempt will be made to deliver on another date, to be coordinated with the TPOC, at no additional cost.

- Deliveries shall only be made between 6AM to 4PM, Monday through Friday.

Note: Delivery personnel may be asked a series of questions related to recent travels and if any physical symptoms relevant to COVID 19 exist.

4.8 INSPECTION AND ACCEPTANCE CRITERIA

Pursuant to FAR clause 52.212-4, all supplies described in the SON to be delivered under this purchase order are subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

COR: TBD AT AWARD

5.0 INVOICE SUBMISSION AND PAYMENT (COMMERCIAL)

Payment shall be made in full upon delivery, inspection and acceptance by the Government.

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats, or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.)

Untimely notification will be considered in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the

NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number;

General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Unique Entity Identifier (UEI) which is in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

8. Federal Taxpayer Identification Number (TIN). In those rare cases where a contractor does not have a UEI number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

B. The Contractor shall submit invoices to the Department of Treasury’s Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official, as directed below.

https://www.ipp.gov/

The Contractor shall submit a copy of the electronic invoice to the following NCI COR:

Name- TBD AT AWARD Email Address- TBD AT AWARD

See Attachment 1 - NIH OFM Electronic Invoice Submission Instructions.

II. Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS,

FAR 52.232-40 (NOV 2021)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

V. HHSAR 352.232-71 Electronic Submission of Payment Requests (February 2, 2022)

(a) Definitions. As used in this clause— Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ‘‘Content of Invoices’’ and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

6.0 PURCHASE ORDER CLAUSES

FAR 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).

http://www.ipp.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 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.)

_X_ (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).

_X_ (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).

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

__ (10) [Reserved].

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

_X_ (12) 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 Set-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.

_X_ (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 (Jun 2020) of 52.219-9.

https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_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).

_X_ (22) (i) 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)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (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.

_X_ (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.

_X_ (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 (Nov2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

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

__ (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.)

https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9

__ (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 Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) 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.

_X_ (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 (Jun2016) (E.O. 13693).

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

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

_X_ (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.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.

S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (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).

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

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

__ (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 (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

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__ (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)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 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:

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

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

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

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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