Sol_140R2021Q0080.pdf

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Attached to
NCAO Temporary Water Chillers Federal contract opportunity
Solicitation number
140R2021Q0080
Issued by
Department of the Interior Bureau of Reclamation

About this file

This solicitation requests quotes for the rental of a temporary water chiller system. The Bureau of Reclamation's Northern California Area Office requires the chiller to cool water at the Livingston Stone National Fish Hatchery from August 2021 through December 2021 due to anticipated higher-than-safe water temperatures. Quotes are due by June 18, 2021. The solicitation identifies the required chiller capacity as a minimum total flow rate of 2,500 gallons per minute with a temperature reduction of at least 10 degrees Fahrenheit. The rental period includes installation, maintenance, fuel, and removal with pricing to be provided on a monthly basis for the initial period and weekly thereafter. The Department of Interior Bureau of Reclamation is identified as the contracting agency.

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Amendment_0001_-_Revised_PWS_0001.pdf PDF

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

R20

Sacramento CA 95825-1898

Division of Acquisition Services Regional Office Mid-Pacific Region Bureau of Reclamation

CODE 16. ADMINISTERED BYCODE

X

X

532490

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORR20

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/18/2021 1000 PD

06/03/2021

916-978-5398William Tanksley (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2021Q0080

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 57 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2800 Cottage Way, Room E-1815

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Sacramento CA 95825-1898 2800 Cottage Way, Room E-1815 Division of Acquisition Services Regional Office Mid-Pacific Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$35.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

PLEASE DISREGARD THE FIRST TWO PAGES OF THIS

DOCUMENT. THE COMBINED SYNOPSIS/SOLICITATION

BEGINS ON PAGE 3.

Period of Performance: 08/01/2021 to 12/01/2021

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

William Tanksley

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

57 2 of

BUREAU OF RECLAMATION 140R2021Q0080 INTERIOR REGION 10

Combined Synopsis/Solicitation

BUREAU OF RECLAMATION, INTERIOR REGION 10 –

CALIFORNIA GREAT BASIN, SACRAMENTO, CALIFORNIA

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR part 13 and additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number 140R2021Q0080 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05 as of March 10, 2021.

RFQ number: 140R2021Q0080

This solicitation is being posted as unrestricted. The associated NAICS code is 532490 and the small business size standard is $35 million.

Quote Due Date: Friday, June 18, 2021 10:00 AM Pacific Daylight Time

Submit Quotes via email to: William Tanksley, Contracting Officer, wtanksley@usbr.gov

Delivery Terms: FOB Destination

Delivery Address: Livingston Stone National Fish Hatchery 16349 Shasta Dam Blvd.

Shasta Lake, CA 96019

Delivery will be coordinated with Stephen Rooklidge, Contracting Officer’s Representative

**A site visit is highly encouraged prior to quote submission**

Please contact the Contracting Officer’s Representative, Stephen Rooklidge at srooklidge@usbr.gov or 530-605-6239 to schedule a site visit.

Business Name: _____________________________________

SAM registration expiration date: _______________________

DUNS Number: ______________________

GENERAL INFORMATION

OFFEROR INFORMATION

mailto:wtanksley@usbr.gov mailto:srooklidge@usbr.gov

CLIN # DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

00010

Mobilization (equipment delivery and installation)

EA

00020

Installation of all water and electrical connection items

00030

Fuel supply and tank filling costs based on fuel consumption to ensure continuous operation during full flow conditions. Fuel will be paid for by the Government.

00040

Generator maintenance service costs – routine oil and filter changes as required

00050

Teardown and demobilization at end of rental period

00060

Initial Chiller Package Rental (Chillers, Generators, and Cooling Units) that provide for full required flow capacity

MO

Grand Total for initial four-month rental

00070

Optional Chiller Package Rental up to a total of two months using a weekly rate

WK

QUOTE/PRICING SCHEDULE

Quotes/offers shall be valid for 6 0 days from the offer due date

Authorized Agent’s Name (printed): ______________________________________________

Authorized Agent’s Signature/Date: _________________________________________________

Please see further instructions for quote submission under Addendum to Provision 52.212-1. Documents necessary for quote submission are as follows:

1. Completed and signed Pages 3 and 4 of this document.

2. Completed provision 52.212-3, Offeror’s Representations and Certifications NOTE: The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via System for Award Management (SAM).

3. Contractor shall include the following information:

a. Estimated generator fuel consumption – gal./hr. and fuel tank size (for each generator)

b. Manufacturer specifications for all equipment to be used.

c. Schedule for delivery and teardown that falls within two weeks before and after the described rental schedule.

4. All information required by ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERORS –

COMMERCIAL ITEMS (JUN 2020)

QUOTE INFORMATION

PERFORMANCE WORK STATEMENT

CHILLER RENTAL FOR LIVINGSTON STONE FISH HATCHERY

MAY 2021

PART 1 GENERAL

1.01 BACKGROUND

A. The Bureau of Reclamation, Northern California Area Office (NCAO) located in Shasta Lake, CA, requires a water chiller system of appropriate size and capacity to cool influent water of the Livingston Stone National Fish Hatchery (LSNFH) during late summer and fall of 2021.

B. The hatchery is approximately 500 yards downstream of Shasta Dam, and is supplied water from the penstocks for Shasta Powerplant generating units two, three, and four. A March 2021 operational model indicates a low lake level elevation this season may produce penstock water temperatures this year above those considered safe for hatchery operations. Water temperatures exceeding 56 deg. F are detrimental to the winter run eggs under incubation and fish rearing at the hatchery.

A supplemental system to adequately cool the supply water must be in place before temperatures reach dangerous levels.

1.02 SCOPE

A. The Contractor shall supply a chiller capable of supplying cooled inlet water to the fish hatchery for a minimum of four months, according to the specifications below.

The Contractor will install the equipment, service the equipment at manufacturer’s recommended intervals, remove the equipment, and return the site to its original condition.

1.03 OBJECTIVE

A. The objective of this contract is to comply with the Bureau of Reclamation requirement to deliver water to the fish hatchery within parameters suitable for rearing fish at LSNFH.

1.04 TYPE OF CONTRACT

A. The government will award a firm fixed price rental and service contract for a period of four months with two optional months.

B. The initial Period of Performance will be August 1, 2021 through December 1, 2021.

1.05 ADMINISTRATIVE REQUIREMENTS

A. Administration of this contract shall be provided by the Contracting Officer and

Contracting Officer’s Representative (COR) who will be appointed at the time of award.

1. The Contractor shall communicate and coordinate work through the COR.

2. The Contractor shall perform equipment inspection and maintenance as defined by the manufacturer and according to sections below.

3. The Contractor shall provide their point of contact’s name, title, and telephone number for normal and after-hours contact for the duration of the rental contract period.

B. Contractor Qualifications

1. The Contractor shall provide documentation to demonstrate that it is qualified to install, inspect, and maintain equipment proposed for this project.

2. The Contractor shall provide only qualified and experienced maintenance personnel for the duration of this project.

C. Schedule and Working Hours

1. The Contractor will notify the COR no less than 2 working days in advance of the date a maintenance shutdown is required. The Contractor shall provide a field crew to perform the work in an efficient and effective manner to minimize periods of disruption to LSNFH operations.

2. The Contractor shall perform work during the hours of 8:00 AM to 4:00 PM

PST, Monday through Friday, unless an emergency is determined by the COR.

3. No scheduled maintenance work shall be performed on recognized federal holidays or declared national, state, or local emergencies.

D. Location of Work

1. The rented chillers will be located at the Livingston-Stone National Fish Hatchery. Access will be available through a security gate with access permission coordinated by the COR.

2. The Contractor’s pricing shall include all travel related costs as well as logistics and cost to deliver equipment to the required location.

E. Safety

1. The Contractor shall perform all work in accordance with the applicable Federal OSHA standards and Reclamation Safety and Health Standards (RSHS) Section 3, available at the following website: https://www.usbr.gov/safety/rshs/

2. The contractor shall submit a written contractor safety program that conforms to the format of RSHS Appendix B.

3. Prior to performing field work, contractor’s field personnel are required to attend 30 minutes of Hazardous Energy Control training provided by NCAO.

This training is valid for twelve months.

F. Security

1. The work is to be performed at a secure government facility.

2. Contractor employees working in the field shall provide current photo identification at the time of each scheduled field visit for security purposes.

NCAO will issue a contractor badge that is to be displayed on the outer clothing of each worker for the duration of the work performed on site.

3. Contractor employees shall work only in the areas in proximity of operation of the rented equipment, or as directed by the COR.

1.06 ITEMS SUPPLIED BY THE GOVERNMENT

A. Utilities

1. Power at 480V/3PH/600A currently serves the hatchery site and is available for equipment use. An increase in available power to supply rented chillers may be possible if the Contractor supplies a temporary 750 kVA transformer, circuit protection, and staff certified in high-voltage work to install/uninstall the temporary equipment. Pricing for the temporary power equipment and installation must be included in the submitted proposal.

2. If the Contractor proposes water-cooled chillers, cooling water is available from the hatchery intake pipe at a maximum flow rate of 1,000 gpm. Waste from the chillers must be chemical-free and piped to the hatchery effluent pipe. Pricing for the complete piping assembly must be included in the submitted proposal.

No additional cooling water supply sources are available.

3. Potable water is available.

4. Restroom facilities are available during scheduled service events.

PART 2 TECHNICAL REQUIREMENTS

2.01 DOCUMENTATION

A. Inspection Standards

1. Cooling equipment reliability is paramount to hatchery operations.

2. Contractor must inspect and maintain the rented equipment according to manufacturer’s requirements.

3. The inspection and maintenance schedule, and manufacturer’s maintenance specifications, must be submitted to the COR at least 14 days prior to delivery of the equipment.

2.02 WORK TO BE PERFORMED

A. Contractor shall provide all labor, tools, special tools, lifts, safety equipment and consumable materials including fuel, cleaning products, spray lubricants, and grease as required to complete the installation and maintenance work.

B. A log of maintenance work performed, in the Contractor’s format, shall be delivered to the COR monthly. The form must include the date, items addressed, and signature of staff conducting maintenance.

2.03 MATERIAL LIMITATIONS

A. The water that is used within LSNFH cannot contact the following prohibited metals - copper, zinc or brass due to the possibility of ion exchange causing harm to eggs, fry and juvenile fish.

Acceptable materials include PVC, rubber, stainless steel, titanium, and carbon steel that does not contain any of the prohibited metals listed previously. Bronze or steel pump impellers are allowed as long as they don’t have the prohibited metals exposed to the hatchery water.

B. For water chillers that contain the prohibited metals in associated recirculation pumping systems, such as cooling towers, no additional chemicals that are toxic to fish of any stage, such as descalants or biocides, may be used or wasted on hatchery property.

2.04 EQUIPMENT POSITION AND OPERATION

A. The chiller system will consist of at least two complete chiller packages to ensure no loss of continuous service. Total chilling capacity requirements are described in Section 2.05. The location identified at the hatchery where chillers will be required will be near enough to the main water supply pipeline valve assembly to minimize piping. The valve assembly is equipped with a 12-inch, butterfly valves upstream and downstream of an in-line 12-inch valve that controls total flow to the hatchery. The Contractor must connect both chillers to 10-inch flange inlet and outlet pipes across the road from the valve assembly, and install from these flanges all piping, valves, hoses, and fittings as needed.

B. Each chiller package must be provided with its own power generator and associated controls to properly run the chiller package. If a chiller package fails to operate, the other chiller package must be able to produce at least half the required total flow rate of chilled water. Any chillers that are expected to run on available electrical power will be equipped with a backup diesel generator and automatic transfer switch. Manual switching between chiller packages is acceptable during maintenance until both chillers are returned to service.

C. Operation will be by parallel flow though the chillers, and flow to the hatchery will be manipulated by automated temperature monitoring, with visible temperature monitors on both chillers. When only one chiller is required to supply the required flow demand, the other chiller will remain in standby, but must allow either full water flow through the chiller or a bypass to ensure the flow of total water to the hatchery is at the required rate. When chilled water flow demand exceeds the production limit of one chiller, the other package must be able to augment chilled water flow until the required total chilled water flow rate is achieved. It is permissible to require manual starting of the second chiller, but once started, the chiller must maintain automatic control of effluent temperature.

D. Package system must be able to monitor and alarm if either chiller package fails in any way to meet the full demand. Alarms of insufficient pressure, flow, and temperature must be included in each chiller package. Visible lights or other alarm notifications are at the discretion of the manufacturer. All chiller packages supplied shall be required to provide the required chilled water continuously throughout the rental period, except for regular scheduled maintenance service.

E. Waste from water-cooled chillers must meet the criteria of the LSNFH pollutant waste discharge permit after blending with the hatchery effluent water. These criteria include no more than 5-degree F increase in the combined waste discharge.

F. The chiller contractor shall supply and install all electrical cables, conduits, connections, breakers, disconnects, relays, controls and other items as needed for each chiller package supplied to comply with all applicable Electrical Codes, Environmental & Air Quality regulations, and Safety regulations and performance requirements as described herein. Each generator shall have a current Air Quality Permit for Shasta County and have current compliance documentation provided by the rental contractor.

2.05 EQUIPMENT CAPACITY

1. The total chilled water flowrate minimum is 2,500 gpm (~5.6 cfs).

2. Multiple chiller packages must run in parallel configuration.

3. Complete redundant power alternatives must be included in the system.

4. Minimum temperature reduction at full flow rate from equipment influent to the hatchery is 10F.

5. Fuel storage must be sufficient for 48-hour operation for the duration of the contract.

PART 3 RENTAL REQUIREMENTS

3.01 EQUIPMENT RENTAL BID REQUIREMENTS

A. These services are being provided to a Federal facility, so State and Federal Sales Taxes do not apply. The chiller package rental rates and optional fuel service charges shall be provided on a monthly basis for the rental period. Weekly rental rates must be provided for the two-month option period.

B. The contractor shall provide the following line item costs under the conditions below:

1. Mobilization (Equipment delivery and installation).

2. Rental of chiller packages (Chillers, Generators, and Cooling Units) that provide for full required flow capacity.

3. Costs for installation of all water and electrical connection items as described.

4. Fuel supply and tank filling costs based on fuel consumption to ensure continuous operation during full flow conditions. Fuel will be paid by the Government.

5. Generator maintenance service costs – routine oil & filter changes as required.

6. Teardown and demobilization at end of rental period.

C. Additional information at time of bid submission will include the following:

1. Estimated generator fuel consumption – gal./hr. and fuel tank size (for each generator)

2. Manufacturer specifications for all equipment to be used.

3. Schedule for delivery and teardown that falls within two weeks before and after the described rental schedule.

3.02 EQUIPMENT RENTAL SCHEDULE

A. Because hatchery water supply conditions are uncertain at this time, the government reserves the right to exercise none, any, or all of the chiller packages described herein. Listed costs shall not be subject to increases during the calendar year (2021). The contractor shall provide on-site training to hatchery personnel on the operation of all rental equipment.

1. Equipment must be able to commence operation by August 1, 2021.

2. Maximum delivery/installation and teardown/removal period is 14 calendar days prior to and after the rental period.

3. Rental period is expected to end on December 1, 2021, but these estimates are subject to change as drought conditions develop through the year.

4. Response time for emergency repairs should be no longer than 12 hours.

END OF PERFORMANCE WORK STATEMENT

PERFORMANCE REQUIREMENTS SUMMARY AND QUALITY ASSURANCE

SURVIELLANCE PLAN (QASP)

Reference Acceptable Quality Level

Method of Surveillance

Incentive/Disincentive

3.02 A 1 -

Equipment must be able to commence operation by August 1, 2021.

Equipment will be operational by August 1, COR Surveillance Positive Incentive – Positive past performance evaluation.

Negative Incentive – Negative past performance evaluation.

3.02 A 2 -

Maximum delivery/installation and teardown/removal period is 14 calendar days prior to and after the rental period.

Delivery/installation and teardown/removal is accomplished 14 calendar days prior to and after the rental period.

COR Surveillance Positive Incentive – Positive past performance evaluation.

Negative Incentive – Negative past performance evaluation.

3.02 A 4 -

Response time for emergency repairs should be no longer than 12 hours.

Contractor responds to requests for emergency repairs in less than 12 hours.

COR Surveillance Positive Incentive – Positive past performance evaluation.

Negative Incentive – Negative past performance evaluation.

COMMERCIAL CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

(a) 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.

(b) 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.

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

(d) 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 at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(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 such as, 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. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) 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; and

(D) Contractor point of contact.

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

Officer.

(6) 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 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 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 33.211 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 32.607-2).

(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 default termination.

(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 prescribed in 32.608-2 of the Federal Acquisition Regulation 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 hereunder 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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

(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. 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 hereunder 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) 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; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) 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 Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items 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 (u)(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.

(v) 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.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN

2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR

2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

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

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (OCT

2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (JUN 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN

1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (MAR 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV

2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and

Remedies (JAN2020) (E.O.13126).

https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19

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

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

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

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

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

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

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

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

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

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

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

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

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

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY

2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN…

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