SOL 12639525Q0241.pdf
PDF 413 KB Posted
- Attached to
- USDA Ultra-low volume (ULV) malathion, Pesticide
- Solicitation number
- 12639525Q0241
About this file
This is a Request for Proposal (RFP) issued by USDA Animal and Plant Health Inspection Service (APHIS) for 203.25 liters of Ultra-low volume (ULV) malathion with a 95% concentration. The solicitation is a total small business set-aside with a North American Industry Classification System (NAICS) code of 325320 and size standard of 1150. The proposal is due on September 17, 2025 at 1:00 PM MST, with delivery required 60 days after award to USDA APHIS IS in Brownsville, TX.
The solicitation requires suppliers to provide importation services at the Mexican point of entry for the Mexican fruit fly program, with specific delivery instructions noting no forklift is available and shipment must allow unloading to ground level. Quoters must be registered in the System for Award Management (SAM.gov), submit quotes via email to Jacob Pipkin, and include a completed Standard Form 1449, technical information, and representations and certifications. The government will evaluate quotes based on technical capability, price, and past performance, with the intent to select the responsible quoter offering the best value.
View the file
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
APHIS-IS-1275R1 CODE 16. ADMINISTERED BYCODE
X
X
X
325320
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
09/17/2025 1300 MT
09/09/2025
JACOB PIPKIN
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12639525Q0241
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 1156502OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
BROWNSVILLE TX 78521
SUITE D
3543 E 14th STREET
USDA APHIS IS
15. DELIVER TO
MINNEAPOLIS MN 55401
SUITE410
250 MARQUETTE AVE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
USDA APHIS
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Supplier shall provide 203.25 Lts of Ultra-low volume (ULV) malathion, with a concentration of 95% Delivery: 60 Days After Award
0001 Malathion Ultra low vol (ULV). 95% 1187/GR/L DE 7 DR I.A.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
LISA A. DRAVES
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
1.0 PRICE SCHEDULE
Item Supplies QTY Unit of Issue
Unit Price
Total Price
0001 Ultra-low volume (ULV) malathion, with a concentration of 95%
(203.25 L
Total)
DR $ $
2.0 NOTES TO QUOTERS
2.1 Submission Instructions
Quoters must submit their complete quotation via email to Jacob Pipkin at Jacob.pipkin@usda.gov no later than September 17, 2025 at 1500 MST.
All contract correspondence must be submitted in English. Quotes must be submitted in U.S. dollars.
2.2 Required Contents of a Complete Quote
Each quote must include the following:
1. Standard Form (SF) 1449. Reference the solicitation number And include company name, address, point of contact information, and Unique
Entity Identifier (SAM.gov)
2. Acknowledgement of Amendments to this solicitation
3. Completed Pricing Schedule (Section 1.0). Provide a firm-fixed unit prices for each line item. Alternate Pricing Schedules will not be considered.
4. Technical Information Submit information in sufficient detail to evaluate compliance with the Government requirements. This may include product literature, product samples (if requested), or other documents, if necessary. The Contracting Officer will evaluate products based on the information furnished by the quoter. The Contracting
Officer is not responsible for locating or obtaining information not identified in the quote.
5. Representations and Certifications
Quoters must complete annual representations and certifications online in the
System for Award Management (SAM.gov) in accordance with FAR 52.212-3, Offeror
Representations and Certifications – Commercial Products and Commercial Services.
If paragraph (b)(2) of the provision is applicable, a written submission is required.
Note: The “Buy American Certificate” applies to this solicitation and must be completed (52.212-3(f)).
2.3 This solicitation is issued as a total small business set-aside.
2.4 Quoters must be registered in the System for Award Management (www.SAM.gov) no later than the solicitation response date.
2.5 All questions must be submitted in writing to Jacob Pipkin in writing at
Jacob.pipkin@usda.gov. Submit questions no later than 3 business days prior to the response deadline to ensure adequate time is available to respond and amend the solicitation if necessary. Telephone inquiries will not be honored.
2.7 The U.S. Department of Agriculture (USDA) is an agency of the Federal Government and is tax exempt (Tax ID # 41-069271).
2.8 NOTICE: “System updates may lag policy updates. The System for Award Management
(SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial
Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
In advancement of Section 2 of Executive Order 14208, the removal of requirements related to
Executive Order 14057 eliminates all non-statutory sustainability requirements or preferences in purchases of food service wares, including paper straws. In a ddition to removing requirements related to Executive Order 14057, the attachment also reflects recent updates to
Code of Federal Regulation citations for the U.S. Department of Agriculture’s BioPreferred®
Program, a statutory purchasing preference program.”
3.0 Specifications/Statement of Work/Statement of Objectives
Supplier shall provide 203.25 Lts (7 Drums) of Ultra-low volume (ULV) malathion, with a concentration of 95%, Delivered to:
USDA APHIS IS
3543 E 14th Street Suite D Brownsville, Tx 78521
Importation Services need to be provided at the Mexican Point of entry, according to the needs of the Mexican fruit fly program. Importation permit needs to be delivered to an USDA employee at the Mexican Point of entry.
No forklift is available at any of these sites; therefore, shipment must be on trailer that allows unloading to the ground level.
4.0 CLAUSES
4.1 Clauses Incorporated By Reference
The following clauses are incorporated by reference:
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV 2023)
4.2 Clauses incorporated by Full Text
The following clauses are incorporated by full text:
52.252-2 CLAUSES INCORPORATED BY REFERENCE
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) [(DEVIATION FEB 2025)]
(a)The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31
U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and
108-78 ( 19 U.S.C. 3805 note)).
(b)The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__ (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).
__ (5)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN
2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6)[Reserved].
__ (7)52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section
743 of Div. C).
__ (8)52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT
2016) (Pub. L. 111-117, section 743 of Div. C).
X__ (9)52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of
Division R of Pub. L. 117-328).
__ (10)52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply
Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L.
115–390, title II).
X__ (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, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).
__ (13)52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(OCT 2018) ( 41 U.S.C. 2313).
__ (14)[Reserved].
__ (15)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C.
657a).
__ (16)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (17)[Reserved]
X__ (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 (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).
__ (21)
(i)52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 15 U.S.C. 637(d)(4)).
__ (ii)Alternate I (NOV 2016) of 52.219-9.
__ (iii)Alternate II (NOV 2016) of 52.219-9.
__ (iv)Alternate III (JUN 2020) of 52.219-9.
__ (v)Alternate IV (JAN 2025) of 52.219-9.
__ (22)
(i)52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (ii)Alternate I (MAR 2020) of 52.219-13.
__ (23)52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
__ (24)52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
__ (25)52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-
Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C.
657f).
X__ (26) (i)52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (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) ( 15 U.S.C. 637(a)(17)).
X__ (31)52.222-3, Convict Labor (JUN 2003) (E.O.11755).
X__ (32)52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)( E.O.
13126).
__ (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.
__ (37)52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (38)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC
2010) (E.O. 13496).
X__ (39) (i)52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and
E.O. 13627).
__ (ii)Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (40)52.222-54, Employment Eligibility Verification (JAN 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 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.).
__ (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)
(i)52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).
__ (ii)Alternate I (OCT 2022) of 52.225-1.
__ (49)
(i)52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-
4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-
41, 112-42, and 112-43.
__ (ii)Alternate I [Reserved].
__ (iii)Alternate II (JAN 2025) of 52.225-3.
__ (iv)Alternate III (FEB 2024) of 52.225-3.
__ (v)Alternate IV (Oct 2022) of 52.225-3.
__ (50)52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
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. 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)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by
American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
__ (64)52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
__ (65)
(i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46
U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii)Alternate I (APR 2003) 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).
__ (10)52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent
Human Trafficking (JAN 2025) ( 49 U.S.C. 40118(g)).
(d)Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in 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 (JAN 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in 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.
(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 (JAN 2025) ( 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)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by
American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (
46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR 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)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a)The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION)" after the date of the clause.
(b)The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR Chapter 4) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
AGAR 452.204-70, MODIFICATION FOR CONTRACT CLOSEOUT (DEVIATION JULY 2022)
“Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR
Part 13.
(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer
(CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP.) If the bilateral modification and Release of
Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.”
5.0 PROVISIONS
5.1 Provisions Incorporated By Reference
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov
The following provisions are incorporated by reference:
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.204-16 COMMERCIAL AND GOVERNMENTY ENTITY CODE REPORTING (AUG 2020)
52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS – REPRESENTATION AND
DISCLOSURES (DEC 2023)
52.207-6 SOLICITATION OF OFFERS FROM SMALL BUSINESS CONCERNS AND SMALL BUSINESS
TEAMING ARRANGEMENTS OR JOINT VENTURES (MULTIPLE-AWARD CONTRACTS)
52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018)
5.2 Provisions Incorporated by Full Text:
52.212-1 ADDENDUM
FAR 52.212-1 is replaced in its entirety by this addendum
((a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(1)Is set aside for small business and has a value above the simplified acquisition threshold;
(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of Quotes. See “<Notes to Quoters>” for quotation submission requirements.
(c) Quote Term. Quotations shall be valid for at least 30 calendar days from the date specified for receipt of quotations, unless another time period is specified in the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.
(e) Multiple Quotations. Quoters are encouraged to submit multiple quotations for satisfying the requirements of this solicitation. Each quote submitted will be evaluated separately.
(f) Submission deadline. Quotes must be received by the date and time specified in this solicitation. A late quote will not be considered unless it is received before award is made and the
Contracting Officer determines that accepting the late quote would not unduly delay the acquisition. In the case of an emergency or unanticipated event that delays Government operations so that quotes cannot be received, the deadline will be extended by one working day.
(g) Contract Award. Quotations should contain the quoter’s best technical and price terms. The
Contracting Officer may reject any or all quotations. The Contracting Officer may award to other than the quoter with the lowest priced quotation unless the solicitation states the basis of award is lowest priced technically acceptable. After evaluating quotations in accordance with 52.212-2 and FAR Part 13, Simplified Acquisition Procedures, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing the contract. The
Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.
(h) Multiple awards. The Government may issue a contract for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a contract for any item for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.
(i) Unique entity identifier.(Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Quoter shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address.
The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Quoter does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Quoter should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(j) The contracting officer will not notify unsuccessful quoters that respond to this solicitation.
Quoters may request information on award(s) resulting from this solicitation from the contracting officer.
(End of Addendum)
52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
Examples:
The Government may perform a comparative evaluation (comparing quotes to each other) to select the responsible quoter whose quote represents the best value, price and other factors considered. Evaluations will be conducted in accordance with FAR Part 13 Simplified Acquisition Procedures. The following factors shall be used to evaluate quotes: Technical (capability of the item quoted to meet the agency need), Price, and Past Performance.
Options (if specified). The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced.
Evaluation of options shall not obligate the Government to exercise the option(s).
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES.
[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.
If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a)The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b)The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
File details come from the government source that posted it. Updated .