Sol_140G0226Q0122.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

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 service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

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

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

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 are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

1 Gifford Pinchot Drive

USGS OAG DENVER ACQUISITION BRANCH

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

0044046588140G0226Q0122

Lisa Williams

236-9327

USGS

53726

09/03/2026

09/11/2026 1430 MD

Madison

WI

Blanket Purchase Agreement (BPA) for

Virus isolation and molecular RNA analysis services for U.S. Geological

Survey (USGS), Upper Midwest Water

Science Center.

This RFQ seeks to establish a single award open market Blanket Purchase

Agreement (BPA) in accordance with the

Revolutionary FAR Overhaul (RFO) FAR part 12.201-1(3)-Blanket Purchase

Agreement for an experienced laboratory to provide virus isolation and molecular

RNA analysis to support U.S. Geological

Survey (USGS), Upper Midwest Water

Science Center. The anticipated period

Continued...

1 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140G0226Q0122 of performance is September 16, 2026 through to

September 15, 2030. The BPA will have a maximum ordering limit in the amount of $300,000.00 for a four year term.

2. This Blanket Purchase Agreement (BPA) is established under the authority of FAR Part 12 acquisition of commercial products and commercial services. The BPA provides a simplified method for meeting anticipated recurring needs for the supplies or services described herein. All purchases made under this

BPA shall comply with the procedures at RFO FAR

12.201 1(e)(3) governing establishment of commercial BPAs, and RFO FAR 12.204(c)(1) governing commercial BPA orders.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC)

2026-01 and the FAR Overhaul deviations.

4. The solicitation is NOT a Small Business

Set-Aside. The North American Industry

Classification System (NAICS) code is 541380

(Testing Laboratories and Services) and the size standard is $19.0 million.

5. In accordance with FAR Provision 52.204-7

System for Award Management. (NOV 2024)

(Deviation MAR 2026), Vendors shall have an active Federal Government contracts registration in the System for Award Management

(SAM) when submitting an offer or quotation in response to this solicitation and at the time of award. To register in SAM, go to https://www.sam.gov. Allow for processing time when registering in SAM. If the Offeror is not registered in SAM, it should register immediately after receiving this solicitation.

6. Please download attached Solicitation

140G0226Q0122 for all BPA Clauses and

Provisions and Attachments.

00010 U.S. Geological Survey (USGS), Upper Midwest

Water Science Center has a requirement for an experienced laboratory to provide virus

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140G0226Q0122 isolation and molecular RNA analysis in accordance with the attached Blanket Purchase

Agreement (BPA) Terms and Conditions and

Attachment 1 - Pricing Schedule contained herein.

BPA NOT TO EXCEED AMOUNT: $300,000.000 for a four (4) year term.

Anticipated Award Type: Firm-fixed-price

Period of Performance: 09/16/2026 to

09/15/2030

RFQ 140G0226Q0122

Table of Contents

Introduction Statement of Work BPA Terms and Conditions BPA Maximum Ordering Limit BPA Ordering Procedures Schedule of Supplies/Services DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021) GS1115 Payment By Governmentwide Commercial Purchase Card (JUN 2018) GS0231 Technical Liaison – Technical Clarification (DEC 2024) GS0919 Legal Holidays (JUN 2021) GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013) GS1338 Notice to the Government of Delays (JUL 2001) GS1364 Nonpersonal Services and Supervision of Contractor’s Employees (SEP 2017) GS1406 Confidentiality of Data (OCT 2005) GS1440 Wage Determination Applicable (JUL 2001) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023) (Deviation

MAR 2026)

52.222-90 Addressing DEI Discrimination by Federal Contractors (Deviation April 2026) 52.240-91 Security Prohibitions and Exclusions (Deviation MAR 2026) List of Documents, Exhibits and Other Attachments 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

GS2101 Inquiries (NOV 2020) GS2115 Independent Review of Protests to the Agency (MAY 2024) 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (SEPT 2023) (Deviation MAR 2026) 52.219-1 Small Business Program Representations. (FEB 2024) (Deviation JAN 2026) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (RFO DEVIATION MAR 2026) Evaluation Factors Basis for Award Quotation Submission Instructions to Vendors Questions – Cutoff Electronic Submission of Quotations – Required 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.252-5 Authorized Deviations in Provisions (Nov 2020)

Introduction

This RFQ seeks to establish a single-award open market Blanket Purchase Agreement (BPA) in accordance with the Revolutionary FAR Overhaul (RFO) FAR part 12.201-1(3)-Blanket Purchase Agreement for an experienced laboratory to provide virus isolation and molecular RNA analysis to support U.S. Geological Survey (USGS), Upper Midwest Water Science Center. The anticipated period of performance is September 16, 2026 through to September 15, 2030. The BPA will have a maximum ordering limit in the amount of $300,000.00 for a four-year term.

Firm-Fixed price call orders for individual purchases will be issued against the BPA on an as needed basis.

Statement of Work

A. Introduction:

U.S. Geological Survey (USGS), Upper Midwest Water Science Center has a requirement for an experienced laboratory to provide virus isolation and molecular RNA analysis.

B. Background:

Avian influenza virus (AIV) continues to circulate in North America, causing the largest epizootic in U.S. history, with record number of highly pathogenic avian influenza (HPAI) cases in wild birds, livestock, and mammals, including humans (USDA, 2025). Wild birds, particularly waterfowl, are the primary reservoirs for AIV and can shed large amounts of AIV in feces (Webster et al., 1978). Fecal shedding of the virus into waterbodies can lead to transmission to other bird and wildlife via fecal-oral route (Zhang et al., 2022). The USGS works to understand how water quality, infectious wildlife diseases (such as HPAI), and environmental exposure to bacterial and viral pathogens influence human, livestock, and wildlife health. For the past decade, the USGS has partnered with Federal and State agencies, poultry producers, and local farmers to monitor environmental water resources for AIV, including HPAI. USGS scientists have optimized a method to recover infectious avian influenza virus from surface water. USGS is collaborating with State and Federal agencies to determine the presence and transport of avian influenza virus in environmental matrices and pathways influencing agricultural and urban environments. USGS is working to develop, optimize, and validate field and laboratory methods for the detection of infectious AIV from additional environmental matrices, including manure, sediment, and groundwater. As part of this effort, the USGS requires confirmation of recovery, viability (infectivity), and viral typing via virus isolation, quantitative reverse transcription polymerase chain reaction (PCR), and sequencing.

C. Scope:

Samples require egg inoculation, extraction, and PCR analysis. Once samples have been analyzed and data has been reported, the Contractor shall participate in interpretation of results and writing a manuscript for publication.

D. Technical Requirements:

The Contactor shall:

1. Ensure that facility meets and maintains laboratory biocontainment practices (defined by Biosafety Level), safety protocols, and appropriate permits required for all aspects associated with receiving, analyzing, storage, and disposal of 1) viral elute concentrated from environmental samples with unknown pathogen load and 2) virus isolation of pathogens such as AIV, including HPAI and LPAI.

2. Ensure that the laboratory facility is equipped with calibrated and certified equipment to safely and securely process, analyze, store, and dispose of samples.

3. Certify that all work with [potential] infectious agents will be completed following appropriate laboratory biocontainment practices including the use of certified biosafety cabinets.

4. Provide laboratory facility with required equipment to complete processing, analysis, storage, and disposal.

Required equipment includes, but is not limited to biosafety cabinets, incubators, thermocyclers, pipettes, centrifuges, autoclaves, and ultralow temperature freezers. All freezers must be equipped with temperature loggers, alarm notification systems, and back-up cooling systems, ensuring that samples are maintained at a consistent, required temperature to ensure storage requirements.

5. Ensure that laboratory personnel are trained to complete processing and analysis adhering to protocols outlined below and provided by the USGS Technical Liaison.

6. Provide 33T antibiotic cocktail from the National Veterinary Services Laboratory (NVSL) or alternative antibiotic cocktail as deemed appropriate for use by the USGS Technical Liaison. Antibiotic cocktail must be readily available to add to received viral elute upon arrival.

7. Provide 9- to 11-day old specific pathogen-free embryonated chicken eggs (ECE) for virus isolation.

8. Using provided viral elute amended with antibiotic cocktail perform virus isolation in ECE as described in ‘Virus Isolation and Propagation in Chicken Embryos’ (Methods in Molecular Biology, Vol. 436: Avian Influenza Virus) or alternate method per project requirements determined by analyzing laboratory and USGS Technical Liaison.

9. Perform multiple viral isolation passages, if required due to egg death and/or unclear results via the first passage.

10. Perform titrations on concentrated viral elute (provided by USGS) upon request. Elute will be inoculated into 9-to 11-day old specific pathogen-free embryonated chicken eggs (ECE) as described in Spackman et al., 2019 or alternate method per project requirements determined by analyzing laboratory and USGS Technical Liaison.

11. Extract viral RNA from ECE virus isolation following the NAHLN standard operating procedure (NVSL- SOP- 0068 (specific for avian influenza (AI) viruses and avian paramyxoviruses, such as Newcastle disease (ND)) or alternate method per project requirements determined by analyzing laboratory and USGS Technical Liaison.

12. Extract viral RNA from all concentrated viral elute (provided by the USGS) following the National Animal Health Laboratory Network (NAHLN) protocol (NVSL- SOP-0068 (specific for AI/ND)) or alternate method per project requirements determined by analyzing laboratory and USGS Technical Liaison.

13. Perform molecular detection of the influenza A virus (IAV) matrix protein gene by real-time reverse transcription PCR (RT-PCR) will be carried out following the NAHLN protocol (NVSL- SOP-0068) or alternate method per project requirements determined by analyzing laboratory and USGS Technical Liaison.

Include internal (positive and negative) controls for extraction and amplification in every run. Identify and address inhibition when necessary, using inhibition controls. Controls will be included in PCR analysis and values will be provided upon request

14. If IAV matrix gene is detected, perform H5, H7 RT-PCR following NAHLN document (NVSL-WI-0053) or alternate method per project requirements determined by analyzing laboratory and USGS Technical Liaison.

Any H5 or H7 isolates that yield a cycle threshold value <40 cycles in these subtype specific assays will be submitted immediately to NVSL for confirmation of pathogenicity. Samples will be subjected to a second passage only as needed (based on detectable Ct value or upon special request), and procedures for PCR followed, as above, as needed.

15. Upon detection, ship any samples suspect positive for H5 to USDA NVSL. Once confirmed, follow proper procedures to dispose any viral elute or any isolated virus. Inform USGS technical liaison of any positive H5 results.

16. Store isolated virus and extracted RNA in an ultra-low -80C freezer. Provide freezer temperature logs upon request to USGS Technical Liaison.

17. Provide cultured LPAI (not to exceed 5 mL per year) to the USGS (Michigan Bacteriological Research Laboratory or equivalent) laboratory to use as positive control material. Contractor must be able to provide concentration (titration) and sequencing information regarding origin and strain. Positive control will be used for research purposes informing method development, optimization, and validation.

18. Archive samples at -80°C until results have been published, or disposal is requested by USGS technical liaison.

19. Upon request, ship any remaining concentrated environmental samples to the USGS (Michigan Bacteriological Research Laboratory or equivalent) laboratory.

20. Provide a written document describing the methods used for all processes including sample receipt, sample processing and storage upon receipt, virus isolation, molecular confirmation, and sequencing, as applicable.

Information should include citations as appropriate and equipment details. This document is to be provided with data no later than 45 days following receipt of samples for virus isolation.

21. Deliver data to USGS technical liaison within 45 days of sample receipt.

22. Notify USGS technical liaison of any method deviations or issues with sample receipt and condition.

23. Upon request from the technical liaison, the contractor may be required to perform targeted or whole-genome sequencing of AIV viral RNA isolated from ECE. The contractor shall provide the resulting sequence data along with the corresponding bioinformatics analysis.

E. Deliverables:

The Contractor shall:

1. Provide consultation services when planning experiments including guidance for egg availability, sample holding times, titrations, sequencing options, and experimental design to best meet research objectives. Consultation services include but are limited to providing information on available eggs, laboratory availability, technical requirements, and providing answers to questions regarding results and environmental matrix inhibition.

2. Conduct analyses and report results per sample for at least the following:

a. ~total µL volume into eggs for ECE (including volume of 33T or equivalent antibiotic solution).

b. Date time of virus isolation inoculation.

c. Influenza A Virus PCR result from viral elute received from USGS (if applicable).

d. Passage 1 Virus Isolation embryo mortality.

e. Passage 1 Virus Isolation HA result and/or Passage 1 Influenza A Virus PCR Result from embryo allantoic fluid. Use of HA test and/or PCR embryo allantoic fluid are determined by laboratory and USGS technical liaison.

f. Passage 1 Influenza A Virus status (vRNA detected in sample, IAV isolated).

g. Passage 2 Influenza A Virus status (vRNA detected in sample, IAV isolated) (if appropriate).

3. Provide results in a machine-readable format within 45 days of sample receipt to identified USGS laboratory and to the USGS Technical Liaison.

4. Return all coolers and ice packs to USGS using provided return shipping label.

5. Archive samples in -80 freezers until publication of the results (or a maximum of 2 years).

a. Perform re-runs if there are questions regarding data quality.

b. Ship any leftover original concentrated environmental samples to USGS Technical Liaison or alternate

USGS representative as requested.

(End of Statement of Work)

BPA Terms and Conditions

The BPA is not a contract, non-enforceable, and can be canceled by either party at any time with a 30-day written notice from either party (Contractor or Government). An enforceable contract exists only when the Government places a BPA Call against the BPA, and the Contractor accepts the BPA Call. BPA Calls will be awarded as firm fixed price BPA Call orders. The Government is not obligated to place a BPA Call, and the Contractor is not obligated to accept a BPA Call.

The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor’s invoice, the provisions of this BPA will take precedence.

BPA Maximum Ordering Limit

The BPA will have a maximum ordering limit in the amount of $300,000.00 for a four-year term.

USGS estimates, but does not guarantee, purchases under this BPA may reach up to $300,000.00. The total sum of all orders placed shall not exceed the BPA limit. The ordering period is September 16, 2026 through September 15, 2030. No funds are obligated at the BPA level; funding is obligated at the order level.

BPA Ordering Procedures

(a) The name(s) listed as the government contact(s) and the undersigned contracting officer are the only individuals authorized to make BPA Call Orders for services under this BPA. BPA Call Orders accepted by the vendor from anyone other than stated may result in nonpayment for services delivered.

(b) BPA Call Orders exceeding the Micro-Purchase Threshold $10,000.00 per transaction will be placed against this BPA via Form OF-347 and issued by a duly warranted Contracting Officer from the Denver Science Acquisition Team. Each call order will specify services, pricing, deliverables, and timelines. Funding is obligated at the order level.

(c) Micro-Purchase Call Orders not exceeding the Micro-Purchase Threshold $10,000.00 per transaction under this BPA using the Government Purchase Card. Individuals authorized to make Micro-Purchase Call Orders: (will be provided at the time of award, the micro-purchase threshold for services is $10,000.00 per transaction.) Micro- Purchase Call Orders accepted by the vendor from anyone other than stated may result in nonpayment for products delivered.

The individual(s) authorized to make Micro-Purchase Call Orders using the Government Purchase Card under this contract will be determined at the time of award.

(d) Instructions for Placing Micro-Purchase Call Orders:

Individuals authorized to make Micro-Purchase Call Orders shall contact the contractor by email, telephone or in-person and place the order. The following information is given to the contractor:

a. Name, phone number, and mail code of individual authorized to make the order;

b. BPA number and the Micro-Purchase Call Order number assigned;

c. The location of where the services will be delivered.

d. Authorized individuals making the Micro-Purchase Call Orders are required to ask the contractor to state any discounts offered for their supply or service on their monthly summary invoice.

e. Authorized individuals making Micro-Purchase Call Orders shall inform the contractor that the Contract number and the Micro-Purchase Order/order number is to appear on their monthly summary invoice.

(e) Payment Terms:

Payments may be made via Government Purchase Card or Treasury’s Invoice Payment Platform (IPP).

a. Payment for Micro-Purchase Call Orders less than the Micro-Purchase Threshold may be paid by Government Purchase Card. (See FAR Clause 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

b. Requests for Payments for BPA Call Orders at or above the Micro-Purchase Threshold shall be processed in accordance with the Treasury’s IPP invoicing system. Paid under the Prompt Payment Act, 30 days in arrears.

(f) Cumulative total of all orders shall not exceed the BPA limit of $300,000.00.

Schedule of Supplies/Services

The Contractor’s prices shall remain in effect under this BPA for a four-year term. The prices, rates, and terms and conditions established in this BPA are based on current market conditions at the time of award. If market conditions change, the Contractor shall provide the Government with a minimum of 30 days’ notice. Any proposed revisions to existing prices, rates, or terms and conditions are subject to negotiation.

Upon notification, the Government will review the proposed changes and, following discussions with the Contractor, will modify the BPA as appropriate through a formal bilateral modification signed by both parties. No changes shall be recognized unless incorporated through such a bilateral modification. The Government is obligated only to the extent of authorized purchases actually made under this BPA.

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)

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: A copy of the Contractor’s internally generated invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov 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.

GS1115 Payment By Governmentwide Commercial Purchase Card (JUN 2018)

a) Some payments under this BPA will be made as described in clause FAR 52.232-36, Payment by Third Party.

The charge card service provider and particular account number to be charged will be provided to the Contractor separately.

b) If this BPA includes ordering provisions, each order will be charged to the specific charge account number provided at the time the order is placed. The card number is not shown on the order form but will be provided separately at the time the order is placed. The contractor will not accept or process an order unless and until an authorization and account number is received from the cardholder for that specific order.

GS0231 Technical Liaison – Technical Clarification (DEC 2024)

a) The performance required herein shall be subject to the technical clarification of the Technical Liaison (TL) as identified below. As used herein, "technical clarification" is defined as communication to help the contractor fully understand the requirements.

(b) The Technical Liaison is not delegated any Contracting Officer’s Representative responsibilities.

(c) The Technical Liaison may not modify the requirements in any way. All modifications must be authorized by the Contracting Officer.

(d) The contractor shall immediately notify the Contracting Officer, in writing, if they believe the Technical Liaison is directing work outside the requirements of this contract. The contractor may not be reimbursed for any work outside the requirements of this contract.

(e) The Technical Liaison assigned for this contract is: (The Technical Liaison will be added at the time of award) Telelphone: [xxx] Email: [xxx] U.S. Geological Survey Address and Mail Stop: [xxx]

(f) Only the Contracting Officer may designate a new Technical Liaison.

GS0919 Legal Holidays (JUN 2021)

The following legal holidays are observed by this Government agency:

New Year's Day January 01 Martin Luther King's Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth National Independence Day June 19

Independence Day July 04 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25

When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by Federal Statute, Executive Order, or Presidential Proclamation.

GS1131 Unilateral Deobligation 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.

GS1338 Notice to the Government of Delays (JUL 2001)

In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or date, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the contracting officer and the COR (if one has been designated), in writing, giving pertinent details. This data shall be informational only in character. Notice under this provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.

GS1364 Nonpersonal Services and Supervision of Contractor’s Employees (SEP 2017)

a. This contract is a “nonpersonal services contract” as defined in FAR 37.101. It is therefore, understood and agreed that the contractor and/or the contractor’s employees:

1. shall perform the services specified herein as independent contractors, not as employees of the government;

2. shall request clarification in writing from the Contracting Officer if the Contractor finds it necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder;

3. shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract;

4. shall be free from supervision, direction or control by any government employee with respect to the manner or method of performance of the services specified; but

5. shall comply with such general direction of the Contracting Officer (or duly authorized representative) pursuant to the government’s right and obligation to inspect, accept or reject the work as is necessary to ensure accomplishment of the contract objectives.

6. shall not be at any time during the contract period employees of the U.S. Government.

b. The contractor's employees and subcontractors must make clear, in dealings with the public, federal employees, or other contractors that they are not federal employees. To minimize possible confusion, while performing work under this contract, contractor employees are required to identify themselves as such when attending meetings, in email and other correspondence, in documents or reports produced, and when working in situations where their contractor status is not obvious to third parties. Further, contractors and subcontractors are not permitted to wear clothing or other items (apart from official identity credential) bearing the name, logo, or seal of the U.S. Geological Survey while performing work under this contract.

GS1406 Confidentiality of Data (OCT 2005)

(a) The work under this contract requires access to proprietary, business confidential, or financial data of other companies and/or USGS internal scientific, planning or procurement sensitive/source selection data, which, if released to third parties may give unfair business, technical, or competitive advantages. As long as such data remains proprietary or confidential, the Contractor shall protect such data from unauthorized use and disclosure and agrees not to use it to compete with such companies or for any purpose other than performance of this contract.

(b) This data may be in various forms, such as documents, raw photographic films, magnetic or digital media, photographic prints, computer system data, or it may be interpretative results derived from analysis, investigative, or study effort. Regardless of the form of this data, the Contractor agrees that neither it nor any of its employees will disclose to third parties any such data, or derivatives thereof, except as may be required in the performance of this contract. Further, the Contractor will not copy any of this data, or derivatives thereof, other than as necessary for the performance of this contract.

(c) The Contractor will establish policies and procedures to implement the substance of this clause at the individual employee level which will assure that affected employees are made aware of the contract provision and the Contractor's implementing policies and procedures. Particular attention will be given to keeping employees advised of statutes and regulations applicable to the handling of third party confidential or financial data.

(d) This clause does not preclude the Contractor and/or its employees from independently acquiring and using data from legitimate sources outside of this contract, or from performing and using independent analysis of data so acquired, provided that the Contractor and/or its employees fully document the source of such data, and the independence of any such analysis.

(e) The Contractor shall immediately notify, in writing, the Contracting Officer in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(f) The Contractor will insert the substance of this clause in each subcontract hereunder (other than for purchase of supplies or equipment) unless the Contracting Officer has waived this requirement, in writing, as to particular subcontracts or classes of subcontracts.

(g) Any unauthorized disclosure of information may result in termination of this contract for cause.

GS1440 Wage Determination Applicable (JUL 2001)

This requirement is subject to the Service Contract Act of l965, as amended. The wage determination will be determined at the time of award and will be incorporated thereto.

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023) (Deviation MAR 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices.

An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.222-90 Addressing DEI Discrimination by Federal Contractors (Deviation April 2026)

(a) Definitions. As used in this clause-

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph(c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

52.240-91 Security Prohibitions and Exclusions (Deviation MAR 2026)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council…