Sol_140G0222Q0207.pdf

140G0222Q0207

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

09/19/2022

1 2

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

USGS OAG DENVER ACQUISITION BRANCH

10/23/2024

USGS Branch of Quality Systems

Bldg 95 E-3 Denver Federal Center

Denver

CO 80225

303 236-9316Jason Harris

10/07/2022 1700 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

In accordance with Federal Acquisition Regulation (FAR) 13.303-2(C)(1), the USGS intends to establish Blanket Purchase Agreements (BPAs) with more than one contractor for custom chemical concentration mixes. Orders under each resulting BPA will be Firm-Fixed Price. This award will be made under FAR 13.5, Simplified Procedures for Certain Commercial Items. Formal debriefings will not be conducted. In accordance with 13.106-3(d), a brief explanation of the basis for the award decision shall be provided upon request.

Period of Performance: 10/24/2022 to 10/23/2024

Each tab contains specific information that identifies the various chemical concentration mixtures needed for this requirement. A response Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140G0222Q0207 shall be provided by the Offeror for each mix to confirm which analytes can be supplied.

Similarly, Offerors shall also indicate if any analytes in a mix cannot be supplied and then return the completed Excel spreadsheet attachment in order to be deemed a complete package.

Turn-Around-Time estimates shall also be specified for each analyte that can be supplied in order to determine the definite availability of orders being received by April with a confirmation that products will be fresh and have a minimum of one (1) year expiration date.

Responses from Offerors shall include Firm-Fixed

Pricing for each chemical concentration mix line item.

00010 Blanket Purchase Agreement (BPA) to provide custom chemical concentration mixes in accordance with the specifications and attached Excel spreadsheet listing each chemical analyte (see

Attachment I - Chemical Mixes)

Product/Service Code: 6850

Product/Service Description: MISCELLANEOUS

CHEMICAL SPECIALTIES

Delivery: 10/23/2024

Questions may be addressed to Jason Harris at jharris@usgs.gov no later than 1500 (MT) on

09/30/2022.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

140G0222Q0207 Page 3 of 35

Table of Contents...........................................…………….....…………………

SPECIFICATIONS

BPA TERMS AND CONDITIONS

ORDERING PERIODS

CONTRACTOR(S) RATES

USGS PERSONNEL AUTHORIZED TO MAKE CALLS

INSTRUCTIONS FOR OBTAINING QUOTES

INSTRUCTIONS FOR USGS PERSONNEL PLACING BPA CALL ORDERS

RECEIVING BILLING AND PAYMENT FOR ORDERS OVER $10,000.00

BASIS OF AWARD

52.212-2 Evaluation – Commercial Items (Oct 2014)

EVALUATION FACTORS

QUOTATION PREPARATION

QUESTION CUTOFF

QUOTATION SUBMISSION

COMMERCIAL CLAUSES

52.252-2 Clauses Incorporated by Reference (Feb 1998)…..…………………………………… 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (May 2022) GS0231 Technical Liaison - Technical Direction (Nov 2014) GS0339 Green/Sustainable Acquisition (Mar 2016) GS1101 Contract Administration Office (Jul 2001) GS1131 Unilateral Deobligation of Unexpended Funds (May 2013)…....…………………… DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)………………………

PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-3 Offeror Representations and Certifications – Commercial Items (May 2022) 52.219-1 Small Business Program Representations (Sep 2021) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Apr 1984)

140G0222Q0207 Page 4 of 35

SPECIFICATIONS

BACKGROUND

The U.S. Geological Survey (USGS), Branch of Quality Systems (BQS), Organic Blind Sample Project (OBSP), within the Water Mission Area (WMA) requires several chemical concentration mixtures. The BQS OBSP is responsible for the external performance assessment of the USGS National Water Quality Laboratory’s (NWQL) organic analyses in water and sediment. OBSP generates water and sediment samples containing known chemical concentrations on weekly, monthly and quarterly timeframes. These samples are designed to be indistinguishable to the chemical analyst from regular environmental samples and thus are known as “blind” samples. Analytical results of these samples returned from the NWQL are evaluated against the known chemical concentrations to produce statistically-based information and data on analytical performance (quality). These data are valuable to both the NWQL and USGS users of NWQL analytical services. OBSP utilizes multiple private vendors to supply chemical solutions which are then used in-house to construct water and sediment samples with known and targeted chemical concentrations. Chemical concentrations are in the low to very low ranges (micrograms-per-liter, nanograms-per-liter). OBSP covers over 800 chemical compounds currently analyzed at the NWQL. OBSP targets external chemical vendors as the source of chemical mixtures of varied composition and at varied chemical concentrations to use to construct performance assessment samples to better reflect the range of these compounds in environmental samples received by NWQL. In order to quality assure OBSP internal operations and samples, OBSP will typically order from two separate vendors in order to verify vendor-supplied mix contents and concentrations.

SCOPE

The USGS anticipates awarding multiple Blanket Purchase Agreements (BPAs) for chemical mixtures of varied chemical concentrations under this solicitation. The specifications cover the requirements for chemical mixtures of varied composition and at varied chemical concentrations.

REQUIREMENTS

Attachment I – Chemical Mixes for this solicitation contain the requirements for mixtures to be delivered with each needed mixture that lists the specific components, with their respective Chemical Abstract Services number (CAS#).

The awarded contractor(s) shall call the USGS Technical Liaison prior to the use of co-solvents for approval.

Additionally, contractors shall provide written confirmation that delivery can be completed by April and that chemical mixes have a 1-year expiration from time of receipt. The Certificate of Analysis shall include the CAS numbers. The shipment of the mixtures shall be performed early in the week by FedEx 2nd day ground, or equivalent to: USGS, National Water Quality Laboratory, Building 95, Entrance E3, 1 Denver Federal Center, Denver, CO.

QUALITY CONTROL

The Contractor is responsible for quality control. The contractor shall verify all delivered products meet all specification requirements, without exception.

QUALITY ASSURANCE

The Government is responsible for quality assurance. The Government will conduct its own tests to ensure the quality of the chemical mixes delivered. If the mixtures fall below the standards as listed in the specifications of this solicitation and resulting BPA(s), the Government may seek consideration for the contractor’s failure to meet the requirement.

(End of Specifications)

BPA TERMS AND CONDITIONS

The terms and condition included in this solicitation apply to any resulting BPA(s) pursuant to it. In the event of an inconsistency between the provisions of any resulting BPA(s) from this solicitation and the Contractor’s invoice, the provisions of the resulting BPA(s) shall take precedence.

BPA(s) ESTIMATED PEIROD OF PERFORMANCE The estimated period of performance is from 10/24/2022 through 10/23/2024.

NOTE: Any awarded BPAs resulting from this solicitation is not a contract. The Government is not obligated to place orders and the vendor is not obligated to accept orders. BPAs can be cancelled by either party at any time.

140G0222Q0207 Page 5 of 35

BPAs are not enforceable against either party. An enforceable contract exists only when the Government places a Call order against the BPAs and the vendor accepts that Call order.

ORDERING PERIODS

Two (2) ordering periods (each with one-year duration) shall be established during the two-year period of performance:

1st ordering period shall be from approximately 10/24/2022 through 10/23/2023 2nd ordering period shall be from approximately 10/24/2023 through 10/23/2024

Contractor(s) shall submit pricing to reflect each ordering period. In accordance with FAR 13.303-6(b)(1), BPA(s) shall be reviewed annually by the Contracting Officer.

The BPA Terms and Conditions will be included in each awarded BPA resulting from this solicitation and must be accepted by Contractor(s) at time of award.

This solicitation and resulting BPA(s) utilize NAICS code 325199.

CONTRACTOR(S) RATES

The period of performance under any resulting BPA(s) from this solicitation may extend through 2024. The rates, terms, or conditions established in any BPA(s) resulting from this solicitation shall be based on current market conditions at the time of award. In the event that the Contractor’s rates, terms, or conditions change, the Contractor shall be required to provide the Government with a 30-day minimum advance notice. A revision to existing rates, terms, and conditions are subject to negotiations. Once the Government has been notified, the Government shall review the proposed changes, and following discussions with the Contractor, shall modify the agreement(s) accordingly. No changes shall be recognized unless they have been incorporated by a modification.

The Government is obligated only to the extent of authorized purchases actually made under any resulting BPA(s) from this solicitation. Individual BPA Call orders awarded under any awarded BPA(s) resulting from this solicitation shall not exceed $250,000.00.

USGS PERSONNEL AUTHORIZED TO MAKE CALLS

Calls (orders) and payments will be processed against awarded BPA(s) resulting from this solicitation by one of the following two different methods depending on dollar amount of each BPA Call order:

1. Authorized Government Micro-Purchase Charge Card for Call orders up to $10,000.00 Per Transaction The individuals authorized to place Call orders using the Government Micro-Purchase cards under any awarded BPA(s) resulting from this solicitation are:

Delicia Beaty, (303) 236-1817 RoseAnn Martin, (303) 236-1874

2. Contracting Officer (CO) award Call orders over $10,000.00 Per Transaction The USGS Contracting Officer shall issue individual BPA Call order awards issued by an Optional Form 347, Order for Supplies or Services, and payment will be processed with an invoice through the Invoice Processing Platform (IPP).

Delivery Tickets: There is a requirement that all shipments under the resulting awarded agreement(s) shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information: (i) Name of supplier; (ii) BPA Number; (iii) Date of Purchase; (iv) Purchase Number; (v) Itemized list of supplies or services furnished; (vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automat invoice is itemized to show this information); and (vii) Date of delivery or shipment.

Invoices: A summary invoice shall be submitted at least monthly or upon expiration of the resulting awarded BPA(s), whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by copies of the delivery tickets.

140G0222Q0207 Page 6 of 35

INSTRUCTIONS FOR OBTAINING QUOTES

The authorized caller shall contact the Contractor by telephone or email to obtain pricing.

INSTRUCTIONS FOR USGS PERSONNEL PLACING BPA CALL ORDERS

The following information shall be provided to the Contractor by authorized USGS personnel when placing call orders:

a. Authorized caller's name, phone number, and email;

b. BPA number and the call number assigned by the authorized caller;

c. The location of where the supplies will be delivered;

d. Authorized callers are encouraged to ask the contractor if they are currently offering any additional discounts that would apply to this order;

e. Authorized callers shall inform the contractor that the BPA number and call number are required to appear on their invoice;

f. Chemical Concentration Mix Name;

g. CAS# and/or Chemical Structure;

h. Quantity Needed;

i. Packaging Requirements; and

j. Requested Lead Time

RECEIVING BILLING AND PAYMENT FOR ORDERS OVER $10,000.00

Once a BPA Call order is placed using an Optional Form 347 and the items have been shipped, the Contractor shall invoice through the Invoice Processing Platform. The invoice will not be processed by USGS until all items have been received.

BASIS OF AWARD

The Basis of Award for this requirement shall be based on Best Value-Tradeoff Process in accordance with Federal Acquisition Regulations (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR Part 13, Simplified Acquisition Procedures. Award shall be made to the vendor whose quotation, conforming to this RFQ, is determined to be the most advantageous to the government based upon cost or price and other non-cost or non-price factors.

In determining which bid package offers the greatest value or advantage to the Government, overall non-price merit will be considered significantly more important than price or cost. The degree of importance of price or cost as an evaluation factor will increase with the degree of equality in the non-price merits of the bid packages. Between acceptable bid packages with a significant difference in non-price merit, a determination will be made as to whether the additional non-price merit or benefits reflected by a higher priced bid package warrants payment of the additional price or cost. The Government will award multiple BPAs resulting from this solicitation.

52.212-2 Evaluation – Commercial Items (Oct 2014)

(a) The Government shall award multiple BPA(s) resulting from this solicitation to responsible contractor(s) whose offers are conforming to the solicitation meet or exceed the Government’s technical and price requirements as described below.

The evaluation methodology uses Simplified Acquisition Procedures in accordance with FAR part 13. The Government shall award to all offerors determined to meet or exceed each and every price and non-price factor.

Each offeror will be assigned a Pass/Fail rating for each factor. Any offer with a factor evaluated as Fail shall be eliminated from consideration of award. The Government reserves the right to award without discussions.

Method of Evaluation Quote packages submitted in response to this solicitation will be evaluated on a Pass/Fail basis for the following non-cost/non-price evaluation factors in two steps:

Step 1: Quotes shall be evaluated technical acceptance:

140G0222Q0207 Page 7 of 35

FACTOR A – TECHNICAL ACCEPTANCE

To be technically acceptable the quote package shall readily demonstrate the ability to meet any of the mixtures (minimum of at least one) listed in the specifications including Attachment 1 which contains each mixture with its respective Chemical Abstract Services (CAS) number; potential spike mix and number of analytes; number of vials desired versus available; and proposed delivery times for items (USGS minimum acceptance range is between 4 to 12 weeks). Additionally, the Certificate of Analysis shall include all CAS numbers and quality requirements for meeting at least 50% of analytes requested for any mix to be considered. The shipment of the mixtures shall be performed early in the week by FedEx 2nd day ground, or equivalent, to the USGS, National Water Quality Laboratory, Building 95, Entrance E3, 1 Denver Federal Center, Denver, CO 80225.

Evaluation Criteria: The quote shall be evaluated on the ability to meet all technical performance (Factor 1) requirements listed above.

Evaluation Standard:

(a) Pass: Offeror(s) response submission for technical performance (Factor 1) addresses and meets all specifications for each mixture listed in Attachment I.

(b) Fail: Offeror(s) response submission for technical performance (Factor 1) does not address and/or meet all specifications for each mixture listed in Attachment I – Chemical Mixes.

Step 2: Quote packages that pass Step 1 will be further evaluated for the following evaluation factors:

FACTOR B – PAST PERFORMANCE

Past performance information provided from Government records or from other than the sources identified by the Offeror may be used in the evaluation under any or all applicable evaluation factors. In addition to the foregoing, CPARS shall be used as a source of past performance information in the source selection process in addition to any other past performance information required under this solicitation. All past performance information will be used for both the responsibility determination and the award decision. NOTE: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the Offeror shall be determined to have unknown (or “neutral”) past performance.

Evaluation Criteria: The quote shall be evaluated on the relevancy of experience and successful performance as it relates to requirements specified in this solicitation.

Evaluation Standard:

(a) Pass: An Offeror with acceptable past performance, including any Offeror assigned a “neutral” rating will pass.

(b) Fail: An Offeror that has an unacceptable performance history or does not provide for a reasonable expectation that the Offeror will successfully perform the required effort will fail.

FACTOR C – PRICE/COST

Offeror submissions shall include price/cost data separated by Contract Line Item Numbers (CLIN) for each of the chemical mixtures described in Attachment I (multiple tabs with multiple mixes).

Evaluation Criteria: Price/Cost shall only be evaluated after the Offeror(s) quote is found to have passed Steps 1 and 2. Quote packages that pass Steps 1 and 2 will be further evaluated comparatively for Price/Cost analysis in relation to each required CLIN listed in Attachment I – Chemical Mixes.

Evaluation criteria for Price/Cost include the following:

i. Price/Cost data shall be evaluated by the Government for all competitive quote packages that pass Steps 1 and 2.

140G0222Q0207 Page 8 of 35

ii. Ordering Periods. The Government will evaluate offers for award purposes by adding the total price for Ordering Period One and Ordering Period Two for each CLIN. The Government may determine that an offer is unacceptable if the prices are significantly unbalanced.

iii. Offeror(s) proposed Price/Cost information shall be compared with Independent Government Estimates (IGE)

iv. Any pre-paid shipping prices/costs shall be identified in the Offeror(s) quote and will be evaluated as part of the overall price. Offeror(s) may submit a ZERO shipping cost; however, ZERO cost must be specified in the quote.

QUOTATION PREPARATION

Vendor(s) are cautioned to study the Evaluation Factors stated above along with their relative importance. Your submitted quote package shall address each of these factors since these are the standards against which will be evaluated. It is the contractor’s responsibility to include the appropriate documentation in its quote package to allow a complete technical/price evaluation. Failure to submit the appropriate documentation may result in the rejection of the contractor’s bid. Formal debriefings will not be conducted. In accordance with 13.106-3(d), a brief explanation of the basis for the award decision shall be provided upon request.

QUESTION CUTOF

Questions relating to this solicitation shall be presented by e-mail to jharris@usgs.gov not later than 1500 (MT) on 09/30/2022. Questions should be worded so as to avoid disclosing bid strategies or proprietary solutions. The Government will evaluate the questions, and if needed, an Amendment will be issued with the questions received and their associated answers. The Government intends to make award without communications with Offerors;

therefore, the Offeror’s initial quote should be clear, complete, and contain the Offeror’s best terms from a price standpoint. The Government reserves the right to conduct communications if later deemed necessary.

QUOTATION SUBMISSION

The Government intends to award multiple BPAs resulting from this solicitation. Quotes are required to be received in the contracting office no later than 1700 (ES) on 10/07/2022. Quotes are required to be submitted electronically via email to jharris@usgs.gov. Do not mail your quote; only electronic quotes will be accepted.

COMMERCIAL CLAUSES:

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

https://www.acquisition.gov/far/ 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards (Jun 2020) 52-204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2021) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.233-1 Disputes (May 2014)

(End of Clause)

140G0222Q0207 Page 9 of 35

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (May 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

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

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

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

_X_ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

140G0222Q0207 Page 10 of 35

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

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

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

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

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

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

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (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).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

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__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112- 43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

_X_ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

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

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

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

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

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

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

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

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

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

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

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

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

(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.

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(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) 52.203-19, 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 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.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(xiii)

(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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

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

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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. 2302 Note).

(xxi) 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.

(xxii) 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.

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(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)

GS0231 Technical Liaison - Technical Direction (Nov 2014)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is Delicia Beaty, (303) 236-1817, dbeaty@usgs.gov.

(e) Only the Contracting Officer may designate a different Technical Liaison.

(End of clause)

GS0339 Green/Sustainable Acquisition (Mar 2016) The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting included the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/ Biobased Products are described at http://www.biopreferred.gov/ Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.

Environmentally Preferable Computers are described at http://www.epeat.net Significant New Alternatives Program (SNAP) are described at http://www.epa.gov/snap/overview-snap The Comprehensive Procurement Guidelines promote the use of recovered and recycled products at http://www3.epa.gov/epawaste/conserve/tools/cpg/index.htm Water efficient products and services are described at http://www3.epa.gov/watersense/about_us/what_is_ws.html

(End of Clause)

GS1101 Contract Administration Office (Jul 2001)

(a) This contract will be administered by:

U.S. Geological Survey Denver Office of Acquisition and Grants (OAG) ATTN: Contract Specialist, Jason Harris, (303) 236-9316, jharris@usgs.gov P.O. Box 25046, Bldg. 67, DFC, MS204A Denver, CO 80225

140G0222Q0207 Page 14 of 35

(b) Written communications to the Administrative Contracting Officer shall make reference to the contract number and shall be mailed to the above address.

(End of Clause)

GS1131 Unilateral De-obligation of Unexpended Funds (May 2013) The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer.

After 120 days has passed since the expiration of the performance period, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

(End of Clause)

DOI Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013) Payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice processing platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions- Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Attach a copy of your invoice referencing the order number (block 3 of your optional form 347), dates of service or date material was shipped. For payment issues or status email: pms@usgs.gov after 30 days of proper submission of an invoice. The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor’s Government Business Point of Contact (as listed in SAM.gov) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Clause)

PROVISIONS

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 address:

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

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representations (Jan 2017) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.212-1 Instructions to Offerors – Commercial Items (Nov 2021) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications (Jun 2020)

(End of Provision)

140G0222Q0207 Page 15 of 35

52.204-20 Predecessor of Offeror (Aug 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the…