RFQ for DL1000 Control Datalogger (1).pdf
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- Attached to
- DL1000 Control Datalogger Federal contract opportunity
- Solicitation number
- 47QSWC25Q0120
- Issued by
- GSA Federal Acquisition Service
About this file
This is a Request for Quote (RFQ) issued by the General Services Administration (GSA) on behalf of the U.S. Army Corps of Engineers for the DL1000 Control Datalogger. The solicitation (PIID: 47QSWC25Q0120) is conducted under FAR Part 12 for the acquisition of commercial products and services, with NAICS code 334513 for water, air, soil, and seismic measuring instruments. The government intends to award a single firm-fixed-price purchase order, with quotes due by June 2, 2025, at 10:00 AM EST.
Quoters must submit pricing for all part numbers in the Pricing Worksheet, with technical acceptability evaluated on a pass/fail basis. The award will be made based on best value, considering technical acceptability, price, and delivery terms, with price being the most important factor. Quoters are required to provide historical pricing data from at least two previous orders and complete all provisions and representations in Section E. The shipping destination is the U.S. Army Corps of Engineers in Washington, DC, with F.O.B. Destination terms. The government reserves the right to select an awardee based on initial quotes without further discussions.
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Text version
GENERAL SERVICES ADMINISTRATION (GSA)
SOLICITATION PIID: 47QSWC25Q0120
REQUEST FOR QUOTE (RFQ)
ON BEHALF OF
U.S. Army Corps of Engineers
DL1000 Control Datalogger
FAR Part 12, Acquisition of Commercial Products and Commercial Services
APPLICABLE NAICS: 334513: Water, Air, Soil and Seismic Measuring
May 20, 2025
Table of Contents
SECTION A: PROCUREMENT GENERAL INFORMATION 3
SECTION B: QUOTER GENERAL INFORMATION 5
SECTION C: PACKAGING AND MARKING 6
SECTION D: CLAUSES 6
SECTION E: PROVISIONS, REPRESENTATIONS, & CERTIFICATIONS 17
SECTION F: INSTRUCTIONS FOR QUOTERS 22
SECTION G: EVALUATION FACTORS 23
SECTION H: LIST OF ATTACHMENTS 23
SECTION A: PROCUREMENT GENERAL INFORMATION
A. This Procurement is to establish a single-award Firm-Fixed Price (FFP), Purchase Order for DL1000 Control Datalogger. The applicable North American Industry Classification System (NAICS) code applicable for the preponderance of this procurement is NAICS 334513, Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables with a size standard of 750 employees. The applicable Product Service Code (PSC) is 6685 Pressure, Temperature, and Humidity Measuring and Controlling Instruments.
B. This acquisition is being conducted under FAR Part 12- Acquisition of Commercial Products and Commercial Services. This acquisition is for full and open competition in accordance with
FAR 6.1.
C. GSA intends to award a single Purchase Order under the applicable NAICS Code.
D. Quoters shall submit a firm-fixed pricing quote for this requirement.
E. Method of Award: Award will be made in the aggregate for all items. The Government will evaluate quotes to ensure pricing is provided for all required part numbers identified in the Pricing Worksheet. Pricing must be submitted for all items to be considered for award. The total extended price will be evaluated for fairness and reasonableness. (See Section G for additional information on evaluation criteria).
The definition of technical acceptability requires quoters to submit a quote that provides pricing for all part numbers and quantities as identified in the Pricing Worksheet. Technical Acceptability will be evaluated on a “Pass” or “Fail” basis. (See Section H for Pricing Worksheet).
F. It is anticipated that quotes for this requirement will not exceed the Simplified Acquisition Threshold for the applicable NAICS.
G. This is ONLY a request for pricing. The Purchase Order will be awarded pursuant to the terms and conditions of this RFQ. DO NOT SHIP or begin services based upon the posting or receipt of this RFQ.
H. The Government intends to award on initial quotations and advises quoters to submit their best terms and prices in their initial quotation.
I. Shipping and handling terms: F.O.B. Destination at a CONUS location. Inspection and Acceptance shall be at Destination. The destination shipping address is listed below. The Contractor is responsible for coordinating delivery of all items with the client’s designated point of contact (POC) and is responsible for shipping all items ordered. Specific ship to instructions will be provided at time of award.
SHIPPING ADDRESS:
US Army Corps of Engineers 5900 Macarthur Blvd, NW Washington, DC 20016 Attn: Robert Hoffa
J. Please read, fill out, and return all information requested in this RFQ to be considered for award. See Section B to input Quoter General Information, Section F for Instructions to Offerors, Section G for complete evaluation instructions and Section H for the Pricing Worksheet .
Additional clauses and provisions can be found in Sections D and E.
**FAILURE TO PROVIDE THE SUBMITTAL INFORMATION REQUESTED IN SECTION F
MAY RESULT IN A QUOTE NO LONGER BEING EVALUATED OR CONSIDERED FOR
AWARD.**
K. All Quote submission shall be emailed to the GSA Point(s) of Contact (POC) listed in section M. Quoters should allow sufficient time before the closing date and time to determine whether their quote submission was successful. No late quotes will be accepted.
L. **QUOTES ARE DUE NO LATER THAN MONDAY, JUNE 2, 2025, BY 10:00AM Eastern Standard Time (EST).**
Prospective Quoters shall submit questions on the RFQ package via email to the Contracting Specialist, Violeta Tellinghuisen at: violeta.tellinghuisen@gsa.gov on or before 10:00 AM. Est June 2, 2025. When submitting questions, please reference “RFQ PIID # 47QSWC25Q0120/ DL1000 Control Datalogger” in the subject line. This cutoff time will allot sufficient time for client response and clarification.
In posing questions, quoters must cite the relevant RFQ Section/Sub-Section and page number.
Questions should be written in a manner that enables clear understanding of the Quoter’s questions or concerns. Statements expressing opinions, sentiments, or conjectures are not considered valid inquiries and will not receive a response.
When responding to this RFQ, complete the entire package along with the supplemental documentation then submit your complete quote package. No other forms of submission will be accepted. Quote must be received by the closing date and time. Quotations received after this time will be deemed late and will not be considered for award.
FAILURE TO PROVIDE ALL OF THE REQUIRED SUBMITTAL INFORMATION LISTED IN
SECTION F (INSTRUCTIONS FOR QUOTERS) MAY RESULT IN YOUR QUOTE NO
LONGER BEING EVALUATED OR CONSIDERED FOR AWARD.
M. CONTACT INFORMATION
Points of Contact:
Dominic Lackey Violeta Tellinghuisen Contracting Officer Contract Specialist Phone: 202-501-2272 Phone: (332) 323-1647 Email: dominic.lackey@gsa.gov Email: violeta.tellinghuisen@gsa.gov
SECTION B: QUOTER GENERAL INFORMATION
**QUOTES ARE DUE NO LATER THAN, JUNE 2, 2025, BY 10:00AM Eastern Standard Time (EST). **
Please provide your (company/quoter) UEI : ________________
Quoter’s Point of Contact:
Name: __________________________ Phone number: ________________________
Fax: __________________________ Email address: _______________________
Supplier/Manufacturer’s Name (if different from quoter):
☐ I acknowledge receipt of all RFQ amendments ☐ I have registered in GSA ASSIST. Registered POC Name
GSA ASSIST HELP DESK:
TEL: (877) 472 - 4877
email: assist.servicedesk@gsa.gov
Use the attached Pricing Worksheet (Section H) to submit quoted prices. Pricing shall be F.O.B. Destination Pricing, inclusive of the product and any associated transportation (shipping and handling) costs for each item listed in the Pricing Worksheet. The total aggregate price (estimated quantities x quoted prices for all items) will be evaluated for award.
QUOTER MUST COMPLETE THESE THREE (2) STATEMENTS:
1. Quoter acknowledges receipt of RFQ amendments (if applicable) and confirms any amendments have been reviewed. ____YES ____NO
2. Quoter does not take exception to the RFQ provisions, clauses, requirements, or other information. If the quoter does take exception to any of the RFQ provisions, clauses, requirements, specifications, or other information, quoter shall provide a list of any exceptions and explanation(s) in the space below.
Please note, the Government reserves the right to select based upon initial quotes received, without discussion with quoter; therefore, exceptions to the RFQ may eliminate a quoter from receiving any further consideration.
SECTION C: PACKAGING AND MARKING
552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE I- MAY
2003)
Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification.
Packaging and packing shall comply with the requirements of the Uniform from eight Classification and the National Motor from Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering activity and the Contractor.
(End of clause)
SECTION D: CLAUSES
Clauses Incorporated by Full Text
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.
115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV
2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR
2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN
2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) ( 41 U.S.C. 3509)).
☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
☐ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
☐ (6) [Reserved].
☐ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).
☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
☒ (9) 52.204-27, Prohibition on a 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) of 52.204–30.
☒ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV
2021) ( 31 U.S.C. 6101 note).
☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).
☐ (14) [Reserved].
☐ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).
☐ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
☐ (17) [Reserved]
☐ (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).
☐ (ii) Alternate I (MAR 2020) of 52.219-6.
☐ (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).
☐ (ii) Alternate I (MAR 2020) of 52.219-7.
☐ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)).
☐ (21)
(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).
☐ (ii) Alternate I (NOV 2016) of 52.219-9.
☐ (iii) Alternate II (NOV 2016) of 52.219-9.
☐ (iv) Alternate III (JUN 2020) of 52.219-9.
☐ (v) Alternate IV (SEP 2023) of 52.219-9.
☐ (22)
(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).
☐ (ii) Alternate I (MAR 2020) of 52.219-13.
☐ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).
☐ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP
2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).
☐ (26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP
2023)( 15 U.S.C. 632(a)(2)).
☐ (ii) Alternate I (MAR 2020) of 52.219-28.
☐ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).
☐ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT
2022) ( 15 U.S.C. 637(m)).
☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR
2020) ( 15 U.S.C. 644(r)).
☐ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).
☒ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023) .
☐ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
☒ (39)
(i) 52.222-50, Combating Trafficking in Persons (NOV
2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
☐ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
☐ (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
☐ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
☐ (44)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN
2014) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (OCT 2015) of 52.223-13.
☐ (45)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Jun2014) of 52.223-14.
☐ (46) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).
☐ (47)
(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT
2015) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (JUN 2014) of 52.223-16.
☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
☐ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
☐ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).
☐ (51)
(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
☐ (ii) Alternate I (JAN 2017) of 52.224-3.
☐ (52)
(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).
☐ (ii) Alternate I (OCT 2022) of 52.225-1.
☐ (53)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV
2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
☐ (ii) Alternate I [Reserved].
☐ (iii) Alternate II (DEC 2022) of 52.225-3.
☐ (iv) Alternate III (NOV 2023) of 52.225-3.
☐ (v) Alternate IV (Oct 2022) of 52.225-3.
☐ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
☐ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
☐ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
☐ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).
☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
☐ (64) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).
☐ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).
☐ (66) 52.242-5, Payments to Small Business Subcontractors (JAN
2017) ( 15 U.S.C. 637(d)(13)).
☐ (67)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV
2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
☐ (ii) Alternate I (APR 2003) of 52.247-64.
☐ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
☐ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).
☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG
2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).
☐ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) ( 41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.
4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.
115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a 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) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.
If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG
2018) ( 41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (NOV
2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(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 clause 52.226-6.
(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) of 52.232-40.
(xxvi) 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 clause 52.247-64.
(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)
Clauses Incorporated by Reference
In addition to the applicable clauses contained in the base contract, the following Federal Acquisition Regulation (FAR) clauses are included to emphasize their applicability:
FAR Clauses
52.211-5 Material Requirements (AUG 2000)
52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services
(NOV 2023),
NOTE: Paragraph 52.212-4(c) has been tailored to allow unilateral modifications for the obligation of funding, per Section 6.10.1, titled “Unilateral Modifications for Funds Management.”
Additionally, the paragraph at 52.212-4(c) has been tailored to allow for unilateral closeout modifications, per Section 7.8 of this PWS, titled “Unilateral Close Out Modifications.”
52.202-1 Definitions (JUN 2020)
52.203-5 Covenant Against Contingent Fees (MAY 2014)
52.203-7 Anti-Kickback Procedures (JUN 2020)
52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (JAN 2017)
52.204-7 System for Award Management (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
52.216-25 Contract Definitization (OCT 2010)
52.216-25 Alternate I (APR 1984)
52.225-18 Place of Manufacture (AUG 2018)
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (JUN 2020)
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)
52.227-14 Rights in Data – General (MAY 2014)
52.232-1 Payment (APR 1984)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024)
52.243-1 Changes-Fixed-Price (AUG 1987)
52.243-1 Alternate I (APR 1984)
52.243-1 Alternate II (APR 1984)
52.243-1 Alternate III (APR 1984)
52.243-1 Alternate IV (APR 1984)
52.243-1 Alternate V (APR 1984)
52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2025)
52.246-2 Inspection of Supplies-Fixed Price (AUG 1996)
52.246-16 Responsibility for Supplies (APR 1984)
DFARS Clauses:
252.203-7000 Requirements Relating to Compensation of Former DOD Officials (SEP 2011)
252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022)
252.203-7003 Agency Office of the Inspector General (AUG 2019)
252.204-7000 Disclosure of Information (OCT 2016)
252.204-7003 Control of Government Personnel Work Product (APR 1992)
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (JAN 2023)
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023)
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2023)
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. (NOV 2023)
252.225-7012 Preference for Certain Domestic Commodities (APR 2022)
252.225-7048 Export-Controlled Items (JUN 2013)
252.232-7010 Levies on Contract Payments (DEC 2006)
252.239-7018 Supply Chain Risk (DEC 2022)
252.243-7001 Pricing of Contract Modifications (DEC 1991)
252.243-7002 Requests for Equitable Adjustment (DEC 2022)
252.244-7000 Subcontracts for Commercial Products or Commercial Services (NOV 2023)
252-246-7008 Sources of Electronic Parts (JAN 2023)
GSAM Clauses:
552.211-77 Packing List (FEB 1996)
552.211-77 Alternate I (MAY 2003)
552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items
(OCT 2023)
552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Products and Commercial Services (OCT 2023)
SECTION E: PROVISIONS, REPRESENTATIONS, & CERTIFICATIONS
Provisions Incorporated by Full Text
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract.
Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES -
REPRESENTATION (OCT 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c) (1) Representation. The Offeror represents that it does___, does not___ provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it does__, does not___ use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR
SERVICES—
REPRESENTATION (DEC 2019)
(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov/) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.
(c) Representation. The Offeror represents that it does___, does not___ provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
DFARS 252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (MAY 2021)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”
(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:
The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
Provisions Incorporated by Reference
FAR Provisions:
52.204-29 Federal Acquisition Supply Chain Security Act Orders Representation and Disclosures (DEC 2023)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)
DFARS Provisions:
252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022)
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (NOV 2023)
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors (JAN 2023)
252.239-7017 Notice of Supply Chain Risk (DEC 2022)
SECTION F: INSTRUCTIONS FOR QUOTERS
If the Quoter’s RFQ Package does not include the following list of items, the quoter may be determined nonresponsive or the quote incomplete by the Government.
1) HISTORICAL PRICING DATA: Provide a copy of historical pricing paid, whether by the Government or other than Government agency, from at least two previous orders of similar size and/or part numbers.
2) RFQ PRICING: Submit page 5 of the RFQ and the Pricing Worksheet attachment with quote to the Contract Specialist and Contracting Officer before the listed closing date via email submission.
4) SECTION E: PROVISIONS: Complete and return Section E: of the RFQ Pages 16-22, Provisions, Representations and Certifications with the RFQ submission.
The Government reserves the right to select an awardee based upon initial quotes received, without discussions with quoters; therefore, the quoter should submit their best terms in the initial Quote. The Government reserves the right to confer with quoters and request revised Quotes if needed. The Government reserves the right to extend the RFQ submission due date and/or time should it be beneficial to the Government.
SECTION G: METHOD OF AWARD
Award will be made in the aggregate for all items. Quoters must submit all the required supplemental documentation required by the RFQ with their price quote. If the supplemental documentation is not provided, Quoters will be considered noncompliant with the RFQ requirements and may not receive any further consideration for award. Additionally, Quoters must be determined to be the best value to the Government based on technical acceptability, price, and delivery terms. A best value determination will be made based on technical acceptability, price, and delivery terms. As technical acceptability and price become equally rated, delivery terms will become the determining factor. Technical acceptability and price are the most important factors, and then delivery terms. Price is more important than delivery terms.
Award may be made to the proposal that provides the best value to the Government.
FACTOR #1: TECHNICAL ACCEPTABILITY
Technical acceptability will be determined by submitting a quote that provides pricing and quantities for the part numbers identified in the Pricing Worksheet. Technical Acceptability will be evaluated on a "Pass" or "Fail" basis.
FACTOR #2: PRICE
The total aggregate price will be considered for award. Before making an award, the contracting officer must determine that the proposed price is fair and reasonable.
(1) Whenever possible, base price reasonableness on competitive quotations or offers.
(2) If only one response is received, include a statement of price reasonableness in the contract file. The contracting officer may base the statement on-
(i) Market research;
(ii) Comparison of the proposed price with prices found reasonable on previous purchases;
(iii) Current price lists, catalogs, or advertisements. However, inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish fairness and reasonableness of the price;
(iv) A comparison with similar items in a related industry;
(v) The contracting officer’s personal knowledge of the item being purchased;
(vi) Comparison to an independent Government estimate; or
(vii) Any other reasonable basis.
Note: Price will not have a rating assigned.
PAST PERFORMANCE
While past performance is not a formal evaluation factor for this procurement, the GSA CO will review the Exclusions and Responsibility/Qualification Reports available within the System for Award Management (SAM) (https://sam.gov/SAM/). Additionally, the Government reserves the right to review Performance and Integrity Records, available within the Contractor Performance Assessment Reporting System (CPARS) (https://www.cpars.gov/)
FACTOR #3: DELIVERY TERMS
Contractors are encouraged to provide their best delivery terms when submitting their proposal.
Column E on the Pricing Worksheet is for vendors to input their best quoted delivery terms after receipt of order.
SECTION H: LIST OF ATTACHMENTS
1) PRICING WORKSHEET
File details come from the government source that posted it. Updated .