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 Denver Federal Center, Bldg. 95 Entrance E3

USGS OAG DENVER ACQUISITION BRANCH

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

140G0226Q0178

Lisa Williams

236-9327

USGS LASD NWQL

80225

09/09/2026

09/17/2026 1430 MD

Denver

CO

Blanket Purchase Agreement (BPA) for acid vials containing pre-filled acid solutions for USGS, National Water

Quality Laboratory (NWQL) for use in

Water Resource Discipline (WRD) water sampling and testing programs.

1. This RFQ seeks to establish a single award Blanket Purchase Agreement (BPA) for the supply of acid vials containing pre-filled acid solutions to support

Water Resource Discipline (WRD) sampling and testing activities. The anticipated period of performance is September 21, 2026 through to September 20, 2028. The

BPA will have a maximum ordering limit

Continued...

1 35

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

in the amount of $350,000.00 for a two-year term.

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

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 325199 (All

Other Basic Organic Chemical Manufacturing) and the size standard is 1,250 employees.

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

140G0226Q0178 for all BPA Clauses and

Provisions and Attachments.

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

00010 National Water Quality Laboratory (NWQL) has a requirement for acid vials containing pre-filled acid solutions Brand Name or Equal for use in Water Resource Discipline (WRD) water sampling and testing programs in accordance with the attached Blanket Purchase

Agreement (BPA) Terms and Conditions and

Attachment 1 - Pricing Schedule contained herein.

BPA NOT TO EXCEED AMOUNT: $350,000.000 for a two (2) year term.

Anticipated Award Type: Firm-fixed-price

Period of Performance: 09/16/2026 to

09/15/2028

RFQ 140G0226Q0178

Table of Contents

Introduction Brand Name or Equal Products 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) GS0228 Hazardous Shipping (SEP 2018) GS0231 Technical Liaison – Technical Clarification (DEC 2024) GS0901 Place of Delivery. (JUL 2001) GS0919 Legal Holidays (JUN 2021) GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013) 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 of Equal Products for Acid Solutions 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 the supply of acid vials containing pre-filled acid solutions Brand Name or Equal to support Water Resource Discipline (WRD) sampling and testing activities. The anticipated period of performance is September 21, 2026 through to September 20, 2028.

The BPA will have a maximum ordering limit in the amount of $350,000.00 for a two-year term.

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

Brand Name or Equal Products

A. Introduction:

National Water Quality Laboratory (NWQL) has a requirement for acid vials containing pre-filled acid solutions Brand Name or Equal for use in Water Resource Discipline (WRD) water sampling and testing programs.

B. Background:

The U.S. Geological Survey (USGS), National Water Quality Laboratory (NWQL) has a requirement for acid vials for use in Water Resource Discipline (WRD) water sampling and testing programs. The USGS, WRD, and NWQL strive to maintain national consistency in all of the environmental samples collected by their personnel. The scientific analytical data from these samples is available and presented for use by other agencies and the public. It is extremely important that the supplies acquired hereunder be of high quality and will continue to provide consistency with the data that has been obtained, in some cases, for over a decade. Consistency in data is critical for the NWQL and USGS programs across the country for which the Laboratory performs analysis, and only high-quality items will allow for this consistency. Unlike commercial labs, the NWQL, and the USGS programs they support, monitor trends in the data, further cementing the importance of consistency in sampling containers.

C. General Requirements:

The Contractor shall provide acid vials containing acid solutions listed below to the NWQL. The Contractor shall be required to provide these acid vials containing pre-filled acid solutions pursuant to this BPA as ordered from time-to-time during the term of this contract.

D. Salient Characteristics (Brand Name or Equal): The following salient characteristics define the minimum essential requirements.

1) 2.0 mL, 7.5-7.7N Ultrex grade nitric acid solution (JT Baker), in a 4.5 mL polypropylene (PP) copolymer screw cap vial (polyvials).

a. The screw cap vials shall be 4.5 mL capacity and made of polypropylene (PP) copolymer. Vials are to be filled with 2.0 mL of 7.5-7.7N Ultrex nitric acid solution and then capped. The measurement tolerance shall be 2.0 mL delivery +/- 0.2 mL. The vials shall be bottom filled to prevent defective seals.

b. Each polyvial shall be clearly labeled with the mixture contents, lot number and the appropriate volume. The label shall be placed on the union of the cap and vial. A Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) shall be provided with each shipment in accordance with OSHA standard 1910.1200.

https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200

c. The vials shall be packaged according to Department of Transportation (DOT) regulations on shipping and packaging hazardous materials (see 40 CFR part 173), such that each package shall be designed and sealed to guard against breakage and leakage.

d. Contamination levels of the following metal constituents shall be less than the report levels described below when prepared to the equivalent of 1 vial volume added to 250 mL of deionized water.

Constituent Report Level Unit

Ag 1.0 µg/L Al 2.0 µg/L As 0.1 µg/L B 2.0 µg/L Ba 0.1 µg/L Be 0.01 µg/L Cd 0.03 µg/L Co 0.03 µg/L Cr 0.5 µg/L Cu 0.4 µg/L Fe 5.0 µg/L Li 0.15 µg/L K 0.004 mg/L Mn 0.4 µg/L Mo 0.05 µg/L Ni 0.2 µg/L Pb 0.03 µg/L Se 0.05 µg/L Sb 0.06 µg/L Sr 0.5 µg/L V 0.1 µg/L Zn 2.0 µg/L Ca 0.02 mg/L Mg 0.01 mg/L Na 0.04 mg/L Silica 0.05 mg/L U 0.03 µg/L W 0.03 µg/L https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-C/part-173

2) 1 mL 4.5N sulfuric acid (Trace Metal grade) solution (Fisher Chemical Trace Metal grade) in a 4.5 mL polypropylene (PP) copolymer screw cap vial (polyvials).

a) The polyvials shall be 4.5 mL capacity and made of polypropylene copolymer. These polyvials shall be filled with 1 mL 4.5N sulfuric acid (Trace Metal grade) solution and then capped. The measurement tolerance shall be 1 mL delivery +/- 0.1 mL. The vials shall be bottom filled to prevent defective seals.

b) Each vial shall be clearly labeled with the mixture contents, lot number and the appropriate volume.

The label shall be placed on the vial. A Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) shall be provided with each shipment in accordance with OSHA standard 1910.1200.

c) The vials shall be packaged according to Department of Transportation (DOT) regulations on shipping and packaging hazardous materials (see 40 CFR part 173), such that each package shall be designed and sealed to guard against breakage and leakage. The packaging process shall not contribute significant impurities above the specifications in the table in subsection d below.

d) Contamination levels of the following nutrient and carbon constituents shall be less than the report levels described below when prepared to the equivalent of one vial volume added to 125 mL deionized water.

Constituents Method Report Level

Dissolved organic carbon Hi-temp oxidation 0.23 mg/L N-Ammonia Colorimetric 0.1 mg/L N-Nitrite + Nitrate Colorimetric 0.02 mg/L Phosphorus Colorimetric 0.003 mg/L

3) 2 mL, 6N (1:1) Omni Trace Hydrochloric acid solution (EMD Millipore) in a 4.5 mL polypropylene (PP) copolymer screw cap vial (polyvials).

a) The polyvials shall be 4.5 mL capacity and made of polypropylene copolymer. These polyvials shall be filled with 2 mL 6N (1:1) Omni Trace Hydrochloric acid solution and then capped. The measurement tolerance shall be 2 mL delivery +/- 0.1 mL. The vials shall be bottom filled to prevent a defective seal.

b) Each vial shall be clearly labeled with the mixture contents, lot number and the appropriate volume. A Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) shall be provided with each shipment in accordance with OSHA standard 1910.1200.

c) The vials shall be packaged according to Department of Transportation (DOT) regulations on shipping and packaging hazardous materials (see 40 CFR part 173), such that each package shall be designed and sealed to guard against breakage and leakage. The packaging process shall not contribute significant impurities above the specifications in the table in subsection d below.

d) Contamination levels for mercury shall be less than the report levels described below when prepared to the equivalent of one vial volume added to 200 mL deionized water.

Constituent Method Reporting Level

Mercury CVAF 0.005 µg/L

(End of Brand Name or Equal Salient Characteristics for Acid Solutions) https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200 https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-C/part-173 https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200 https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-C/part-173

E. Specifications for polyvials to be pre-filled with acid solutions: Polyvials shall be a polypropylene screw cap vial. The screw cap vials shall be 4.5 mL capacity and made of polypropylene (PP) copolymer. Polyvials shall be capable of withstanding, without leakage, and internal pressure which produces a pressure differential of not less than 95 kPa (0.95 bar).

F. Quality Control/Quality Assurance:

Quality Control:

The Contractor is responsible for verifying all delivered products meet all specification requirements, without exception.

Quality Assurance:

The NWQL will determine the acceptability of acid solutions through sample testing, to ensure the requirements stated herein are met. All vials shall be labeled, and each box shall include a label on the outside of the box. Final acceptance is contingent upon NWQL’s Quality Assurance (QA) approval. The Contractor shall also provide Material Safety Data Sheet (MSDS) or Safety Data Sheets (SDS).

If a product(s) does not pass NWQL's QA testing, the Contractor will be required to provide new product(s) to the NWQL for retesting within 30 working days of being notified of a failed product at no additional cost to the Government per FAR Overhaul clause 52.212-4(b) “Inspection/Acceptance”. (See Attachment 2 - Quality Assurance Surveillance Plan for Testing)

(End of Brand Name or Equal Salient Characteristics for Acid Solutions and Specifications for Polyvials)

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 $350,000.00 for a two-year term.

USGS estimates, but does not guarantee, purchases under this BPA may reach up to $350,000.00. The total sum of all orders placed shall not exceed the BPA limit. The ordering period is September 21, 2026 through September 20, 2028. No funds are obligated at the BPA level; funding is obligated at the order level.

BPA Ordering Procedures

Orders (BPA Calls) 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 products/services, pricing, deliverables, and timelines. Funding is obligated at the order level.

Schedule of Supplies/Services

The Contractor’s prices shall remain in effect under this BPA for a two-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.

GS0228 Hazardous Shipping (SEP 2018)

The Item No(s). shown in Attachment 1 – Pricing Schedule must be maintained, filled, labeled, and shipped to comply with current Department of Transportation (DOT) Regulations - Title 49 --Transportation, Code of Federal Regulations. Chemicals not specifically listed in Title 49 are regulated as comparable items not otherwise specified (N.O.S.). Safety Data Sheet (SDS) must be included.

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.

GS0901 Place of Delivery. (JUL 2001)

The items specified in Attachment 1 – Pricing Schedule for all products must be FOB Destination and delivered to the following address:

USGS, National Water Quality Laboratory (NWQL) West 6th Ave. & Kipling St.

Denver Federal Center, Bldg. 95 E3 Denver, CO 80225-0046

Receiving hours for deliveries to the loading dock are 7:00 a.m. to 3:00 p.m. (Mountain Time), Monday through Friday, excluding U.S. government holidays.

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.

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 (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or…