RFQ-NIAID-25-2261621.pdf

FedBizOps Synopsis

Document Type: Combined Synopsis/Solicitation Solicitation Number: RFQ-NIAID-25-2261621 Posted Date: 8/22/2025 Response Date: 8/29/2025 Period of Performance: September 8, 2025-September 7, 2026* (See note below) Set Aside: NO NAICS Code: 541380 Classification Code: Q301

Contracting Office Address:

Department of Health and Human Services, National Institutes of Health, National Institute of Allergy & Infectious Diseases/AMOB, 5601 Fishers Lane, Rockville, MD 20852

Title: Whole-Genome Sequencing Service PacBio Revio at both 20X and 30x coverage

(AMBIS 2261621)

Primary Point of Contact: Secondary Point of Contact

Linda.Smith2@nih.gov chris.ray@nih.gov

Description:

This notice is a combined synopsis/solicitation for commercial items using Simplified Acquisition Procedures. This acquisition will be made in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 “Streamlined Procedures for Evaluation and solicitation for commercial Items,” as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation (a written solicitation will not be issued) and quotes are being requested. The Solicitation number is RFQ-NIAID-2261621 and the solicitation is issued as a Request for Quotes (RFQ).

This acquisition will be processed under FAR Part 13 Simplified Acquisition Procedures (SAP).

The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-05 August 7, 2025.

The North American Industry Classification System (NAICS) code for this procurement is 541380, Testing Laboratories and Services, with a small business size standard of $19.0 million.

The requirement is being competed, full and open competition, un-restricted and without a small business set-aside.

By submission of a quote, the Offeror acknowledges the requirement that a prospective awardee shall be registered and viewable in the System for Award Management (SAM) database prior to award, during performance, and through final payment resulting from this solicitation (www.sam.gov).

The National Institute of Allergy and Infectious Diseases (NIAID) has a requirement for:

# DESCRIPTION OC

CODE

CATEGORY QTY

1 Sample Administration 25626 Q301 150 each

2 Shipment of Residual DNA samples (If Requested and Remnants Available) Domestic dry ice shipment to Bethesda, MD

25626 Q301 1 each

3 Whole-Genome Sequencing Service PacBio Revio at 20X

25110 Q301 75 each

4 Whole-Genome Sequencing Service PacBio Revio at 30X

25110 Q301 75 each

STATEMENT OF WORK (SOW)

TITLE: Genomics services for the NIAID Centralized Sequencing Program

1) BACKGROUND INFORMATION

The National Institute of Allergy and Infectious Diseases (NIAID) Division of Intramural Research (DIR) scientists study all aspects of infectious diseases, including the causative agent, vectors, and pathogenesis in human and animal hosts. Clinical research is an integral part of this mission, enabling key lab discoveries to be rapidly translated into methods to prevent, diagnose, or treat disease. DIR researchers annually conduct more than 200 clinical trials at the NIH Clinical Center on the Bethesda, Maryland, campus and at collaborating U.S. and international sites.

In support of clinical research, the NIAID Centralized Sequencing Program (CSP) is comprehensive program that obtains genetic testing, harmonizes phenotypic and genomic data, performs variant interpretation, and provides clinically validated results for participants enrolled in a diverse set of protocols at the NIH Clinical Center. The goal of the NIAID CSP is both to contribute to the understanding of underlying genetic etiology of disease and to address the clinical need for genomic evaluations.

2) PURPOSE AND OBJECTIVES OF THE ACQUISITION

The purpose of this acquisition is to support the mission of DIR to obtain genetic testing for the NIAID CSP. The objective is to purchase long read genome sequencing and associated deliverables. The CSP will have direct implications for the care of NIH patients and for the discovery of disease mechanisms.

Period of Performance: One 12-month period

3) SCOPE:

The scope of this effort includes the services and industry knowledge necessary to provide long read genome sequencing as specified in this SOW.

4) CONTRACTOR REQUIREMENTS:

Long Read Genome Sequencing at 20X depth of coverage – data generation and delivery (N = 75):

1. Long read genome sequencing on PacBio Revio platform

2. Includes data delivery via secure transfer such as AWS, GCP, Globus, Aspera

3. Accept DNA isolated from multiple tissue types, including whole blood, saliva, fibroblast, peripheral blood mononuclear cell (PBMC), and other tissues

4. Delivery of raw unmapped readds, including the following:

a. Raw Data - HiFi Read (.bam/.pbi)

b. QC data

5. Minimum sequencing read depth of 20X coverage

6. SNP trace for sample identity analysis, assessment of contamination, sex, and relationships with other samples

7. Provide methylation and acetylation data

8. Ability to accept small batch sizes, < 50 samples in one batch as well as larger batches of 50-100 samples per batch

9. Results returned within 60 days upon sample receipt

10. Must be able to accept genomic DNA from standard automated extraction (not only high molecular weight DNA)

Long Read Genome Sequencing at 30X depth of coverage– data generation and delivery (N = 75):

1. Long read genome sequencing on PacBio Revio platform

2. Includes data delivery via secure transfer such as AWS, GCP, Globus, Aspera

3. Accept DNA isolated from multiple tissue types, including whole blood, saliva, fibroblast, peripheral blood mononuclear cell (PBMC), and other tissues

4. Delivery of raw unmapped reads, including the following:

a. Raw data BAM files - HiFi Read (.bam/.pbi)

b. QC data

5. Minimum sequencing read depth of 30X coverage

6. SNP trace for sample identity analysis, assessment of contamination, sex, and relationships with other samples

7. Provide methylation and acetylation data

8. Ability to accept small batch sizes, < 50 samples in one batch as well as larger batches of 50-100 samples per batch

9. Results returned within 60 days upon sample receipt

10. Must be able to accept genomic DNA from standard automated extraction (not only high molecular weight DNA)

Contractor skills, capacity, and expertise:

1. Contractor displays demonstrated expertise in genetics and genomics and capacity to complete long read genome sequencing.

2. Strong communication and project management skills

5) CONTRACTOR DESIRED DELIVERABLES

Desired Deliverables for Long Read Genome Sequencing:

1. Demonstrated consistent recent high-quality data

2. Provision of QC information regarding data quality. Specifically, measures of read quality, median coverage, etc.

3. Provision of sample data upon request, e.g., NA12878, to aid in assessment of control data quality

4. Ability to accept sample information via Excel manifests

6) CONTRACTOR SUPPLIED MATERIALS

The Contractor shall provide all consumable reagents necessary for sequencing except those mentioned below.

7) GOVERNMENT FURNISHED MATERIALS

If genomic DNA samples are used, NIAID will deliver them in 96-well plates with tubes containing 2D barcodes.

8) REPORTING REQUIREMENTS AND DELIVERABLES FOR CLINICAL GENOME

SEQUENCING:

The required turn-around time for sequencing and receipt of deliverables is 60 days from the time the contractor receives and accessions the samples.

Upon start of award, contractor and government team will be required to hold an orientation briefing/kick-off meeting during which specific workflows for sample quantity, volume, concentration range, and quality be reviewed. All controlled vocabulary regarding sample and individual information be covered, as well as processes for submitting orders, tracking order progress, communication about samples, and downloading data. Timely follow up for questions related to contract is to be completed via targeted meetings and/or email communication.

Contractor reviews and confirms manifests sent with samples and receipt of samples. Issues with samples due to quality and/or quantity, identity issues, mismatch with manifests, and other issues preventing samples from moving forward in sequencing pipeline be communicated to NIH within 48 hours. Known process issues within contractor lab can be resolved without prior approval from NIH.

9) INSPECTION AND ACCEPTANCE

All deliverables will be inspected by the project manager, a Government employee of the Division of Intramural Research. Acceptance will occur when results are successfully transferred to NIH per the specifications and format outline in the requirements above. The government intends to award a firm fixed price purchase order to the responsible contractor as a result of this RFQ that will include the terms and conditions set forth herein. The award will be based on the following: technical capability to meet the requirements and price.

INSTRUCTIONS

All interested offerors shall provide a quote for the requirement as outlined in Attachment 1 – Statement of Work (SOW). The Government may evaluate only those quotes that fully meet the requirements as outlined in the SOW and respond to the instructions and requirements below. Failure to furnish a full and complete quote as instructed may result in the Offeror’s response being considered non-responsive and will therefore be eliminated from further consideration and award.

Quotes are due by 5:00pm EST on August 29, 2025. Quotes must be emailed to Christopher Ray, Contracting Officer, at chris.ray@nih.gov & Linda Smith, Contracting Officer, at Linda.Smith2@nih.gov. Late quotes will not be considered. All responsible sources may submit an offer that will be considered by this Agency. Any questions or concerns regarding this combined synopsis/solicitation should be emailed to chris.ray@nih.gov.

EVALUATION

NIAID will evaluate quotes to determine the best value to the government. NIAID will make that determination based on technical acceptability, price, and past performance. NIAID will evaluate price only for those quotes which are rated as technically acceptable. In the event quotes are evaluated as technically equal, price will become a major consideration in selecting the successful Offeror.

SPECIAL NOTICE TO VENDORS

Vendors are advised that the Government may share your information with non-government personnel who are assisting with the evaluation of quotes. The exclusive responsibility for source selection will reside with the Government. By submitting your quote, you will be consenting to disclosure of your quote to non-government personnel for purposes of evaluation.

ELECTRONIC INVOICING

The successful vendor may submit an invoice once a shipment is delivered. NIAID will only accept invoices for units that have been delivered to NIAID and inspected and accepted.

NIH is using a phased transition approach from the NIH Office of Financial Management (OFM) Electronic Invoice Submission instructions to the Department of Treasury’s Invoice Processing Platform (IPP). For contractors that have transitioned to IPP, the Contractor must submit invoices to the Department of Treasury’s IPP at https://www.ipp.gov. For contractors that have not transitioned to IPP, the Contractor shall submit invoices to the NIH OFM via email at invoicing@nih.gov with a copy to the approving official until the Contractor has been notified of its transition to IPP.

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (SECTION 889)

All offerors shall have current documentation showing representation of compliance with Section 889 provisions. Prior to award of delivery order resulting from solicitation, quoters shall be prepared to provide copy of section 889 compliance if requested by the Contracting Officer.

SECTION 508

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities.

Vendors must identify whether a quoted Information and Communication Technology (ICT) product or service is compliant with the Section 508 accessibility standards at 36 CFR 1194.

The quote must also identify where full details of compliance can be found (e.g., vendor's website or other exact location.) For more information on Section 508 standards visit https://www.section508.gov/.

The following FAR provisions apply to this acquisition:

FAR 52.212-1 Instructions to Offerors Commercial Items (MAR 2023)

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services (MAY 2024) (DEVIATION FEB 2025)

FAR 52.204-7 System for Award Management (OCT 2018)

(Offerors must complete annual representations and certifications on-line at http://www.sam.gov/ in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items (Please ensure FAR 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation. (Nov 2015) is updated in your SAM record)

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation (JAN 2017)

52.204–26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) *** Must complete representation if attached to this solicitation- see attachment 52.204-26

The following FAR contract clauses apply to this acquisition:

FAR 52-212-4 Contract Terms and Conditions Commercial Items (MAR 2023)

FAR 52-212.5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) *The applicable subparagraphs of FAR52.212-5 are included in the attachment to this posting.

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 2015)

FAR 52.252-2 -- Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/browse/index/far

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation (www.sam.gov).

Copies of the above-referenced provisions and clauses are available from 52.212-5 Contract Terms and Conditions & acquisition.gov, upon request, either by telephone or fax.

LIST OF ATTACHMENTS

Attachment 1 – Statement of Work (SOW) Attachment 2 - FAR 52.212-5 Contract Terms and Conditions Required to Implement Status or Executive Orders Statements – Representation

STATEMENT OF WORK (SOW)

TITLE: Genomics services for the NIAID Centralized Sequencing Program

1) BACKGROUND INFORMATION

The National Institute of Allergy and Infectious Diseases (NIAID) Division of Intramural Research (DIR) scientists study all aspects of infectious diseases, including the causative agent, vectors, and pathogenesis in human and animal hosts. Clinical research is an integral part of this mission, enabling key lab discoveries to be rapidly translated into methods to prevent, diagnose, or treat disease. DIR researchers annually conduct more than 200 clinical trials at the NIH Clinical Center on the Bethesda, Maryland, campus and at collaborating U.S.

and international sites.

In support of clinical research, the NIAID Centralized Sequencing Program (CSP) is comprehensive program that obtains genetic testing, harmonizes phenotypic and genomic data, performs variant interpretation, and provides clinically validated results for participants enrolled in a diverse set of protocols at the NIH Clinical Center. The goal of the NIAID CSP is both to contribute to the understanding of underlying genetic etiology of disease and to address the clinical need for genomic evaluations.

2) PURPOSE AND OBJECTIVES OF THE ACQUISITION

The purpose of this acquisition is to support the mission of DIR to obtain genetic testing for the NIAID CSP.

The objective is to purchase long read genome sequencing and associated deliverables. The CSP will have direct implications for the care of NIH patients and for the discovery of disease mechanisms.

Period of Performance: One 12-month period

3) SCOPE:

The scope of this effort includes the services and industry knowledge necessary to provide long read genome sequencing as specified in this SOW.

4) CONTRACTOR REQUIREMENTS:

Long Read Genome Sequencing at 20X depth of coverage – data generation and delivery (N = 75):

1. Long read genome sequencing on PacBio Revio platform

2. Includes data delivery via secure transfer such as AWS, GCP, Globus, Aspera

3. Accept DNA isolated from multiple tissue types, including whole blood, saliva, fibroblast, peripheral blood mononuclear cell (PBMC), and other tissues

4. Delivery of raw unmapped readds, including the following:

a. Raw Data - HiFi Read (.bam/.pbi)

b. QC data

5. Minimum sequencing read depth of 20X coverage

6. SNP trace for sample identity analysis, assessment of contamination, sex, and relationships with other samples

7. Provide methylation and acetylation data

8. Ability to accept small batch sizes, < 50 samples in one batch as well as larger batches of 50-

100 samples per batch

9. Results returned within 60 days upon sample receipt

10. Must be able to accept genomic DNA from standard automated extraction (not only high molecular weight DNA)

Attachment 1 - SOW

Long Read Genome Sequencing at 30X depth of coverage– data generation and delivery (N = 75):

1. Long read genome sequencing on PacBio Revio platform

2. Includes data delivery via secure transfer such as AWS, GCP, Globus, Aspera

3. Accept DNA isolated from multiple tissue types, including whole blood, saliva, fibroblast, peripheral blood mononuclear cell (PBMC), and other tissues

4. Delivery of raw unmapped reads, including the following:

a. Raw data BAM files - HiFi Read (.bam/.pbi)

b. QC data

5. Minimum sequencing read depth of 30X coverage

6. SNP trace for sample identity analysis, assessment of contamination, sex, and relationships with other samples

7. Provide methylation and acetylation data

8. Ability to accept small batch sizes, < 50 samples in one batch as well as larger batches of 50-100 samples per batch

9. Results returned within 60 days upon sample receipt

10. Must be able to accept genomic DNA from standard automated extraction (not only high molecular weight DNA)

Contractor skills, capacity, and expertise:

1. Contractor displays demonstrated expertise in genetics and genomics and capacity to complete long read genome sequencing.

2. Strong communication and project management skills

5) CONTRACTOR DESIRED DELIVERABLES

Desired Deliverables for Long Read Genome Sequencing:

1. Demonstrated consistent recent high-quality data

2. Provision of QC information regarding data quality. Specifically, measures of read quality, median coverage, etc.

3. Provision of sample data upon request, e.g., NA12878, to aid in assessment of control data quality

4. Ability to accept sample information via Excel manifests

6) CONTRACTOR SUPPLIED MATERIALS

The Contractor shall provide all consumable reagents necessary for sequencing except those mentioned below.

7) GOVERNMENT FURNISHED MATERIALS

If genomic DNA samples are used, NIAID will deliver them in 96-well plates with tubes containing 2D barcodes.

8) REPORTING REQUIREMENTS AND DELIVERABLES FOR CLINICAL GENOME

SEQUENCING:

The required turn-around time for sequencing and receipt of deliverables is 60 days from the time the contractor receives and accessions the samples.

Upon start of award, contractor and government team will be required to hold an orientation briefing/kick-off meeting during which specific workflows for sample quantity, volume, concentration range, and quality be reviewed. All controlled vocabulary regarding sample and individual information be covered, as well as processes for submitting orders, tracking order progress, communication about samples, and downloading data.

Timely follow up for questions related to contract is to be completed via targeted meetings and/or email communication.

Contractor reviews and confirms manifests sent with samples and receipt of samples. Issues with samples due to quality and/or quantity, identity issues, mismatch with manifests, and other issues preventing samples from moving forward in sequencing pipeline be communicated to NIH within 48 hours. Known process issues within contractor lab can be resolved without prior approval from NIH.

9) INSPECTION AND ACCEPTANCE

All deliverables will be inspected by the project manager, a Government employee of the Division of Intramural Research. Acceptance will occur when results are successfully transferred to NIH per the specifications and format outline in the requirements above.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(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.]

_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. 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.)

_x_ (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).

_x_ (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).

Attachment 2 - FAR 52.212-5 Contract Terms and Conditions

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

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

_x_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L.

115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204-30.

_x_ (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).

_x_ (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 (FEB 2024) ( 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 Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C. 657f).

_x_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 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 (FEB 2024).

_x_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_x_ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

_x_ (35) (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_ (36) (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_ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_x_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

_x_ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) 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 (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

__ (48) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007) ( 42 U.S.C. 5150).

_x_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O.

13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_x_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (64) (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 (FEB 2024) ( 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).

(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

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

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

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

13496). Flow down required in accordance with paragraph (f) of FAR 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)