(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued. (ii) This solicitation number USDAVS231092234 is being issued as a, request for quotation (RFQ) (iii) In accordance with Federal Acquisition Regulation (FAR) clause 52.252-2 The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular. Applicable FAR clauses are incorporated by reference and may be viewed on the following website (s) https://www.acquisition.gov/ https://www.dm.usda.gov/procurement/policy/agar_x/agar02/subchaph.html (iv) This requirement is being issued as a Small Business Set set-aside in accordance with Federal Acquisition Regulation (FAR) 52.219-6. In accordance with Agricultural Acquisition Regulation ( AGAR )452.219-70 Size Standard and NAICS Code Information : The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation is listed below: NAICS 339112 Surgical and Medical Instrument Manufacturing Size Standard 1,000 Employees (v) Item Description Line 001 Plastic poly tubes 8 ml 13 x 100 ml coated with Polyalkaline glycol lubricant. Boxes to be marked as "Coated" tubes with PO number and warehouse stock number Z888-00-000-0608 Packaged: 1000 tubes and 1000 caps per box Line 002 Plastic poly tubes 8 ml 13 x 100 ml uncoated tubes. Boxes to be marked as "Uncoated" tubes. PO number and warehouse stock number Z888-00-000-0003 Packed: 1000 tubes and 1000 caps per box (vi) Description of Requirement: The USDA, Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS), Riverdale, MD, utilizes bleeding tubes for the collection of blood samples from cattle and swine. The blood sample is then sent via common carrier various laboratories for testing. There are several off the shelf tubes and caps of acceptable quality on the market. This solicitation is intended for the off-the-shelf products. Offers’ must clearly demonstrate their ability to comply with the time frame for submission and approval of first article samples and the delivery requirements specified in this solicitation. SPECIFICATIONS The bleeding tubes shall be 13 x 100 millimeters, made from polypropylene copolymer plastic (reground material shall not exceed 10%), transparent (industry standard), chemically stable, withstand extremes in pressure without warping or otherwise changing shape or losing integrity, not shatter under pressure and have a rounded bottom. Each tube has a plastic plug-type push-in cap which extends 5/16" (inch) above the top of the tube when inserted. The plug-type cap shall provide a leak-proof seal when inserted into the tube. This seal must prevent leakage of blood samples in transit to laboratories via package delivery services and the U.S. Postal Service. The transport boxes for these tubes must fit inside partitions holding 40 tubes size 6 5/16 L x 2 7/16 W x 3 ½ H. The partition holding the tubes is placed inside a box w/lid Size 6 3/8 L x 2 ½ W x 3 7/8 H. The lid must fit securely on the box. This box with tubes is placed final in a master shipping box size 6 7/8 L x 3 ½ W x 4 9/16 H for the transport. The tube furnished shall be centrifugeable at high speeds and withstand a minimum of 150 degrees Fahrenheit without distortion, clouding or loss of shape and thickness. There shall be no burrs or irregularities which could cause the tubes to tip or wobble and result in a spillage of the blood sample. The tube must ensure rapid clotting of blood from various species of animals and prevent the adherence of the clot to the walls of the tube. This requirement is necessary to allow the efficient separation of the clot from the serum. COATING PROCEDURES It is required for the bleeding tubes be coated on the inside only. The outside of the tube may be coated at the contractor's discretion. The coating must be a polyalkylene glycol base stock lubricant, with a water solution ratio of 1:18. The Polyalkylene glycol lubricant is required and is the only lubricant that can be used. The following methods have been successfully used to coat the inside of the tubes: 1. Tubes may be sprayed with a power-type sprayer until the inside of the tube is moist and dried by using heat or air until all water is evaporated. 2. The tubes may totally immersed in the solution so that the solution wets the inside of each tube for 5 seconds. The tubes must be drained and then dried using heat or air until all water is evaporated. The Contractor that is awarded shall deliver the tubes to the Delivery Destination. The tubes will be packaged, marked, palletized, as specified in the attachment. The shipment will be marked with the shipment number and the lot number and the shipment of coated tubes shall be marked "coated". The "Time for Delivery" is specified in this attachment. The Government may request tubes that have no coating. These tubes will be marked “non-coated” with a different Stock Number (Refer to Packaging and Marking). PACKING SLIP Each shipment shall include a packing slip attached to the outside of one box and enclosed in a protective plastic pouch and one packing slip on the outside of the shipment box. The packing slip shall identify the contract number, delivery order number, item stock number and quantity shipped. A legible copy of the delivery order may be used as the packing slip PACKAGING AND MARKING The bleeding tubes with plug-type push-top caps shall be packaged together in units of 1,000 tubes 1000 caps per carton. A minimum 200 pound test corrugated carton shall be used. The carton shall be lined with a polyethylene bag liner. Complete instructions for packaging and marking are included as an attachment to this solicitation. The following information is shall be printed on the label of each individual box: The following information will be printed on the label of each individual box: DELIVERY TASK ORDER NO : 126395F227890 (EXAMPLE FORMAT) STOCK NUMBER : Z888-00-000-0608 (COATED) Z888-00-000-0003 (NON-COATED) QUANTITY : 1,000 each LOT NUMBER : ######## SHIPMENT NUMBER 1 of 30, 2 of 30, 3 of 30, etc DESCRIPTION : Tubes, Bleeding, Plastic, Lubricated with Push-Top Caps A confirmation of the quantities shipped with freight tracking number of the shipment must be emailed to
[email protected]. EXTERIOR PACKAGE MARKING & DISPLAY The contractor must mark on the end of the exterior box the National Stock Number (NSN). Contractor must ensure all other packaging requirements outlined in this Statement of Work is followed. Contractor will stack boxes on a pallet, include a flat carboard between every two layers for support and to prevent damages during transit. Shrink-wrap with the packaging label visible on outer layers when the shipment is received. The pallet should not exceed 52 inches. USDA/APHIS/VS reserves the right to request First Article Testing during anytime of performance on this requirement. 52.209-4 First Article Approval-Government Testing. (SEP 1989) At NO ADDITIONAL COST TO THE GOVERNMENT (a) The Contractor shall deliver 1,000 unit(s) of coated Plastic poly tubes 8 ml 13 x 100 ml and 1,000 unit(s) of uncoated Plastic poly tubes 8 ml 13 x 100 ml Prior to solicitation closing date of this Solicitation to the Government at USDA APHIS VS SPRS LC Reference# USDAVS231092234 3500 E 149th ST SUITE 300 KANSAS CITY MO 64147 (vii) Shipment will be FOB Destination and Inspection and acceptance is in accordance with FAR Clause 52.212-4(a) USDA, APHIS, VS, LC 3500 E 149th St Dock 1 (Deliveries) Back of Bl Kansas City, MO 64147 For Invoice Processing and Payment. Net 15dys ARO in accordance with OMB Dated 06/07/2012 Accelerating Payments to Small Businesses for Goods and Services USDA uses the Invoice Processing Platform (IPP) for electronic submission and tracking of purchase orders, invoices, and payment information to its suppliers of goods and services: Enroll at https://ipp.gov. The IPP is a government-wide secure web-based invoice processing service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS). Upon contract award, you will receive a notification of your one-time enrollment requirement in an automatic invoice payment notification system available through IPP. This one-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. Contractors must submit invoices and attach all supporting documentation as required within 5 business days of completion of services provided. Supporting documentation include ,for example; maintenance inspection checklist, timecard for labor, travel receipts etc.. The COTR will review the supporting documents before approving invoices in IPP, if supporting documentation is not provided the invoice will be rejected. IPP will issue a notification to contractor that they must submit supporting documentation and resubmit the invoice. Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and Submit invoices through the Invoice Processing Platform (IPP) Enroll at https://www.ipp.gov/ IPP is a secure, web-based system that manages government invoicing. (viii) 52.212‐1 Instructions to Offerors – Commercial Items, is replaced in its entirety See Attachment_1. (ix) Evaluation: Evaluation of quotes will be in accordance with Federal Acquisition Regulation ( FAR) 13.106-1 (2) and (FAR) 13.106-2(b)(3) In accordance with Federal Acquisition ( FAR) 13.106-1 (2) the Government will award a purchase order resulting from this solicitation to the responsible Quote conforming to the solicitation that will be the “Best Value” and most advantageous to the Government. In accordance with FAR 13.106-2 (b)(3); First Article Test Results, price, and delivery are the factors to be considered. (x) Provision at 52.212-3 Representations and Certifications—Commercial Items applies to this solicitation and is to be completed online at www.sam.gov (xi) The clause at 52.212-4 Contract Terms and Conditions—Commercial Items, applies to this acquisition. (xii) The clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition. (Dec 2022) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [ Contracting Officer check as appropriate .] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313). __ (10) [Reserved]. __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a). __ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a). __ (13) [Reserved] X (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. (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)). __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Jun 2020) of 52.219-9. __ (v) Alternate IV (Sep 2021) of 52.219-9. __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)). __ (ii) Alternate I (Mar 2020) of 52.219-13. __ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s). __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f). X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 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 (Oct 2022) ( 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 (Oct 2022) ( 15 U.S.C. 637(m)). __ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)). __ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)). X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126). X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. (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. (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). __ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). __ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) __ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b). __ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (46) 52.223-21, Foams (Jun2016) (E.O. 13693). __ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3. (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83). __ (ii) Alternate I (Oct 2022) of 52.225-1. __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I [Reserved]. __ (iii) Alternate II (Dec 2022) of 52.225-3. __ (iv) Alternate III (Jan 2021) of 52.225-3. __ (v) Alternate IV (Oct 2022) of 52.225-3. __ (50) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq ., 19 U.S.C. 3301 note). X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150). __ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). __ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332). (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332). (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332). __ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a). __ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)). __ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. __ (iii) Alternate II (Nov 2021) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [ Contracting Officer check as appropriate. ] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67). (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67). __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67). __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67). __ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). (d) Comptroller General Examination of Record . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). (xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) The following clauses and provisions also apply to this acquisition. FAR Clause 52.252-2 Clauses Incorporated by Reference. (FEB 1998) FAR Clause 52.204-13, System for Award Management Maintenance (Oct 2018) FAR Clause 2.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) FAR Clause 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Nov 2021) FAR Clause 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) FAR Clause 52.212-4 Contract Terms and Conditions—Commercial Items. (Dec 2022) FAR Clause 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Nov 2021) AGAR Clause 452.204-70 Modification for Contract Closeout. (JULY 2022) FAR Provision 52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998) FAR Provision 52.204-7 System for Award Management(Oct 2018) FAR Provision 52.204-16 Commercial and Government Entity Code Reporting. (Aug 2020) FAR Provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)*****Completion of FAR Provision 52.204-24 d(2) FAR Provision 52.204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020) FAR Provision 52.212-3 Offeror Representations and Certifications—Commercial Items. (xiii) Additional Contract Requirements or Warranty Warranty Implied Warranty - The Government’s post award rights contained in 52.212-4 are the implied warranty of merchantability, the implied warranty of fitness for particular purpose and the remedies contained in the acceptance paragraph. Additional Warranty - : Explain all details of the warranty. If an extended warranty is available explain details of extended warranty including price and availability after initial warranty expires. The Quoter shall extend to the Government the full coverage of any standard commercial warranty normally Quoted in a similar commercial sale, provided such warranty is available at no additional cost to the Government. Acceptance of the standard commercial warranty does not waive the Government's rights under the Inspection clause nor does it limit the Government's right with regard to the other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty. The contractor shall provide a copy of its standard commercial warranty (if applicable) with this response. (xiv) There is no Defense Priority Allocation for this requirement . (xv) The date, and time quotes are due: 4:pm 04/15/2023 Please Email Attachment__1 to Contracting Officer
[email protected] Please use Reference number USDAVS231092234 on subject line when responding (xvi) The name and telephone number of the individual to contact for information regarding this RFQ is Contracting Officer Carol Dingess/USDA/APHIS/MRPBS 970-494-7360