National Aeronautics

and Space Administration

NASA Shared Services Center
Stennis Space Center, MS 39529-6000
12/4/2023

SUBJECT: Request for Quotation (RFQ) 80NSSC24856759Q, Spectrex SharpEye 40/40 Flame Detector

This solicitation includes the following sections:

1. Statement of Work/Bid Schedule – Section 1
2. Instructions to Offerors – Section 2
3. Solicitation Provisions/Representations and Certifications – Section 3
4. Clauses/Terms and Conditions – Section 4
5. Quote Evaluation Criteria – Section 5

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 SECTION 1
STATEMENT OF WORK/BID SCHEDULE

This a Brand Name or Equal To requirement.

ENTER SOW/BID SCHEDULE:

STATEMENT OF WORK

1. Objective/Requirements
Purchase of Spectrex Flame Detectors for maintenance

2. Characteristics, Scope, and Specs

Procure the following items:
3 – Spectrex SharpEye 40/40 Flame Detectors | 40/40D-LB-632AFY7

3. Place of Performance
Maintenance stock to maintain/upgrade fire alarms and systems

4. Period of Performance
60 days from date of award.

2 V5.03 JULY 2022

 SECTION 2
INSTRUCTION TO OFFERORS

☒52.212-1 Instructions to Offerors – Commercial Products and Commerical Services. (Nov 2021)
Addendum to 52.212-1

Quotes for the item(s) described in the RFQ are due by 12/11/2023 by 4:00 p.m. CT to Tracy Bremer at
[email protected] in order to be considered for award. If it is in the best interest of the Government,
quotes submitted after the due date may be accepted. Quotes shall remain valid for 30 days unless otherwise
expressly stated on the quote. Submitted Quotes shall list two points of contacts including name, phone number,
and email address.

All contractual and technical questions must be in writing (e-mail) to Enter Name at Enter email address no
later than 12/7/2023 by 12:00 p.m. CT. Telephone questions shall not be accepted.

The NAICS Code for this procurement is 334513.

This procurement is set aside for small business.

Offeror’s shall be registered at www.sam.gov in order to be considered for award.

Please provide the Cage Code/UEI (Unique Entity ID) # on your Quote

Please provide your ARO Delivery Time on your Quote

Delivery is FOB Destination (Please provide FOB Destination on your Quote)

Please note that Provisions 52.204-24 Representation Regarding Certain Telecommunications and Video
Surveillance Services or Equipment (Nov 2021) and 52.204-26 Covered Telecommunications Equipment
or Services-Representation (Oct 2020) are included in this RFQ. You are required to complete these two
provisions and return the RFQ document with your quote. Failure to complete these Provisions will
result in the Government being unable to make award to your firm.

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 SECTION 3
SOLICITATION PROVISION/REPRESENTATIONS AND CERTIFICATIONS

☒52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as
if they were given in full text. Upon request, the Contracting Officer will make their full text available. The
offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and
submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may
identify the provision by paragraph identifier and provide the appropriate information with its quotation or
offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR FAR | Acquisition.GOV

NFS NASA FAR Supplement

FEDERAL ACQUISITIONI REGULATION (FAR) PROVISIONS INCORPORATED BY

REFERENCE:

☒52.204-07 System for Award Management (Oct 2018)

☒52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)
☒52.204-17 Ownership or Control of Offeror (Aug 2020)
☒52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
☒52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services
or Equipment (Nov 2021)
☒52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)
☐52.209-02 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Nov
2015)
☒52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Or
Transactions Relating to Iran – Representation and Certifications (Jun 2020)
☒52.223-1 Biobased Product Certification (May 2012)

FAR PROVISISIONS IN FULL TEXT:

☒52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL Produccts

and Commercial Services. (May 2022)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual
representations and certification electronically via the System for Award Management (SAM) Web site located
at System for Award Management (sam.gov). If the Offeror has not completed the annual representations and
certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

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“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business
concern that is at least 51 percent directly and unconditionally owned by, and the management and daily
business operations of which are controlled by, one or more women who are citizens of the United States and
who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a
women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its
nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns
or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises
control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of
control include, but are not limited to, one or more of the following: Ownership or interlocking management,
identity of interests among family members, shared facilities and equipment, and the common use of
employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted
domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

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“Place of manufacture” means the place where an end product is assembled out of components, or otherwise
made or processed from raw materials into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“Restricted business operations” means business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan
Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be
conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or

humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not
have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by
one or more service-disabled veterans; and

6 V5.03 JULY 2022

 (ii) The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern
under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;
and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000
after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned
by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women;
or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more
women; and whose management and daily business operations are controlled by one or more women.

7 V5.03 JULY 2022

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned
business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13
CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned
by, and the management and daily business operations of which are controlled by, one or more women who are
citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2)
of this provision do not automatically change the representations and certifications posted on the
SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM
website accessed through Acquisition Systems | Acquisition.GOV. After reviewing the SAM database
information, the offeror verifies by submission of this offer that the representation and certifications
currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—
Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete,
and applicable to this solicitation (including the business size standard applicable to the NAICS code
referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference
(see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs
at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation
only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer
and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror
are applicable to this solicitation only, and do not result in an update to the representations and
certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be
delivered or services to be performed in the United States or its outlying areas, or when the contracting officer
has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small
business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it
[_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented
itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror
represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business
concern.

8 V5.03 JULY 2022

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a
small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a
women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified
acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself
as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents
that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse
decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern
eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the
name or names of the WOSB concern eligible under the WOSB Program and other small
businesses that are participating in the joint venture: _________.] Each WOSB concern eligible
under the WOSB Program participating in the joint venture shall submit a separate signed copy
of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if
the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this
provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the
WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127,
and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB
concern participating in the joint venture. [The offeror shall enter the name or names of the
EDWOSB concern and other small businesses that are participating in the joint venture:
_____________.] Each EDWOSB concern participating in the joint venture shall submit a
separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror
is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business
concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business
offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing

9 V5.03 JULY 2022

 or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract
price:

___________________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the
Small Business Administration, and no material changes in ownership and control, principal
office, or HUBZone employee percentage have occurred since it was certified in accordance with
13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall
enter the names of each of the HUBZone small business concerns participating in the HUBZone
joint venture: __________.] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each
establishment, affirmative action programs required by rules and regulations of the Secretary of
Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the
contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its
knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the
award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a
lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit,
with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the
registrants. The offeror need not report regularly employed officers or employees of the offeror to whom
payments of reasonable compensation were made.

10 V5.03 JULY 2022

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1,
Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is
a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin tohave been mined, produced, or manufactured outside the United States. The offeror
shall list as foreign end products those end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially
available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign
end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—
Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause
at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this
solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian,
or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,”
“domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,”
“Free Trade Agreement country end product,” “Israeli end product,” and “United States” are
defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli
Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or
Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free
Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:

11 V5.03 JULY 2022

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in
paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy
American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign
end products those end products manufactured in the United States that do not qualify as
domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR
Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to
the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii)
for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as
defined in the clause of this solicitation entitled “Buy American—Free Trade
Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

___________________________________________

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to
the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii)
for paragraph (g)(1)(ii) of the basic provision:

12 V5.03 JULY 2022

 (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or
Israeli end products as defined in the clause of this solicitation entitled “Buy American--
Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III
to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for
paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement
country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or
Peruvian end products) or Israeli end products as defined in the clause of this solicitation
entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian,
or Peruvian End Products) or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is
included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this
provision, is a U.S.-made or designated country end product as defined in the clause of this
solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.

Other End Products

Line Item No.: Country of Origin:

13 V5.03 JULY 2022

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR
Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-
made or designated country end products without regard to the restrictions of the Buy American
statute. The Government will consider for award only offers of U.S.-made or designated country
end products unless the Contracting Officer determines that there are no offers for such products
or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value
is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge
and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for
the award of contracts by any Federal agency;

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a
civil judgment rendered against them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a Federal, state or local government contract or
subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a
Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this
clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or
judicial challenge. In the case of a judicial challenge to the liability, the liability is not
finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the

taxpayer has failed to pay the tax liability when full payment was due and required. A
taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which
entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a
delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court
14 V5.03 JULY 2022
 review, this will not be a final tax liability until the taxpayer has exercised all judicial
appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability,
and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to
request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further
appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of
the hearing, the taxpayer is entitled to contest the underlying tax liability because the
taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax
because it is not a final tax liability. Should the taxpayer seek tax court review, this will
not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The
taxpayer is making timely payments and is in full compliance with the agreement terms.
The taxpayer is not delinquent because the taxpayer is not currently required to make full
payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent
because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy
Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The
Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are
included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor,
unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in
paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking
the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that
was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was
mined, produced, or manufactured in the corresponding country as listed for that product. The
offeror certifies that is has made a good faith effort to determine whether forced or indentured
child labor was used to mine, produce, or manufacture any such end product furnished under this
contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of
child labor.

15 V5.03 JULY 2022

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of
manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of
manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [_] In the United States (Check this box if the total anticipated price of offered end products
manufactured in the United States exceeds the total anticipated price of offered end products
manufactured outside the United States); or

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards.
(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as
to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to
check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1).
The offeror [_] does [_] does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than
Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an
exempt subcontract) in substantial quantities to the general public in the course of normal
business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or
market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such
equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing
work under the contract will be the same as that used for these employees and equivalent
employees servicing the same equipment of commercial customers.

(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify
that—

(i) The services under the contract are offered and sold regularly to non-Governmental
customers, and are provided by the offeror (or subcontractor in the case of an exempt
subcontract) to the general public in substantial quantities in the course of normal business
operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog
or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a
small portion of his or her time (a monthly average of less than 20 percent of the available hours
on an annualized basis, or less than 20 percent of available hours during the contract period if the
contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing
work under the contract is the same as that used for these employees and equivalent employees
servicing commercial customers.
16 V5.03 JULY 2022
 (3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the
Contracting Officer did not attach a Service Contract Labor Standards wage determination to the
solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute
the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer
as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is
required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision
to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements
of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue
Service (IRS).

(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out
of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is
subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may
be matched with IRS records to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

[_] TIN:_____________________.

[_] TIN has been applied for.

[_] TIN is not required because:

[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and
does not have an office or place of business or a fiscal paying agent in the United States;

[_] Offeror is an agency or instrumentality of a foreign government;

[_] Offeror is an agency or instrumentality of the Federal Government;

(4) Type of organization.

[_] Sole proprietorship;

[_] Partnership;

[_] Corporate entity (not tax-exempt);

[_] Corporate entity (tax-exempt);

17 V5.03 JULY 2022

 [_] Government entity (Federal, State, or local);

[_] Foreign government;

[_] International organization per 26 CFR 1.6049-4;

[_] Other ____________________.

(5) Common parent.

[_] Offeror is not owned or controlled by a common parent:

[_] Name and TIN of common parent:

Name ____________________________________

TIN ______________________________________

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror
does not conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations—

(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic
corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with
the procedures at 9.108-4.

(2) Representation. The offeror represents that—

(i) It [ ] is, [ ] is not an inverted domestic corporation; and

(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall email questions concerning sensitive technology to the Department of State
at [email protected].

(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in
paragraph (o)(3) of this provision, by submission of its offer, the offeror—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled
by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage
in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act;
and

18 V5.03 JULY 2022

 (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps
or any of its officials, agents, or affiliates, the property and interests in property of which are
blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.)
(see OFAC’s Specially Designated Nationals and Blocked Persons List at Sanctions List Search
(treas.gov).

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply
if—

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and

(ii) The offeror has certified that all the offered products to be supplied are designated country
end products.

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a unique entity identifier in the solicitation.

(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has
more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2)
and if applicable, paragraph (3) of this provision for each participant in the joint venture.

(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:

Immediate owner CAGE code:_____________________________________________

Immediate owner legal name:______________________________________________

(Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity:

[ ] Yes or [ ] No.

(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate
owner is owned or controlled by another entity, then enter the following information:

Highest level owner CAGE code:_____________________________________________

Highest level owner legal name:______________________________________________

(Do not use a “doing business as” name)

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law.

19 V5.03 JULY 2022

 (1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent
appropriations acts, the Government will not enter into a contract with any corporation that—

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has
considered suspension or debarment of the corporation and made a determination that suspension
or debarment is not necessary to protect the interests of the Government; or

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination that this action is not
necessary to protect the interests of the Government.

(2) The Offeror represents that--

(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability; and

(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal law within the preceding 24 months.

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)

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

(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information
for all predecessors that held a Federal contract or grant within the last three years (if more than one
predecessor, list in reverse chronological order):

Predecessor CAGE code ______(or mark “Unknown).

Predecessor legal name: _________________________.

(Do not use a “doing business as” name).

(s) Reserved.

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require
offerors to register in SAM (52.212-1(k)).

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year.

20 V5.03 JULY 2022

 (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].

(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible
Web site the results of a greenhouse gas inventory, performed in accordance with an accounting
standard with publicly available and consistently applied criteria, such as the Greenhouse Gas
Protocol Corporate Standard.

(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does
not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available
on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by
a specific quantity or percentage.

(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-
party greenhouse gas emissions reporting program.

(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the
Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or
reduction goals are reported:_____.

(u)

(1) In accordance with 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), Government agencies are not permitted to use
appropriated (or otherwise made available) funds for contracts with an entity that requires employees or
subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality
agreements or statements prohibiting or otherwise restricting such employees or subcontractors from
lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement
representative of a Federal department or agency authorized to receive such information.

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to
Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive
Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.

(3) Representation. By submission of its offer, the Offeror represents that it will not require its
employees or subcontractors to sign or comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste,
fraud, or abuse related to the performance of a Government contract to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information
(e.g., agency Office of the Inspector General).

(v) Covered Telecommunications Equipment or Services-Representation. Section 889(a)(1)(A) and

section 889 (a)(1)(B) of Public Law 115-232.

(1) The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications
equipment or services".

21 V5.03 JULY 2022

 (2) The Offeror represents that–

(i) It□ does, □ does not provide covered telecommunications equipment or services as a part of its
offered products or services to the Government in the performance of any contract, subcontract, or other
contractual instrument.

(ii) After conducting a reasonable inquiry for purposes of this representation, that it □ does, □ does
not use covered telecommunications equipment or services, or any equipment, system, or service that uses
covered telecommunications equipment or services.

(End of Provision)

☐52.225-18 PLACE OF MANUFACTURE (Aug 2018)

(a) Definitions. As used in this clause—

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999,
except—
(1) FPSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise
made or processed from raw materials into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end
products it expects to provide in response to this solicitation is predominantly—
(1) o In the United States (Check this box if the total anticipated price of offered end products
manufactured in the United States exceeds the total anticipated price of offered end products manufactured
outside the United States); or
(2) o Outside the United States.

(End of provision)

22 V5.03 JULY 2022

 SECTION 4
CLAUSES/TERMS AND CONDITIONS

APPLICABLE COMMERCIAL ITEM CLAUSES

This order is for a commercial item subject to the terms and conditions of FAR 52.212-4, Contract Terms and
Conditions – Commercial Products and Commerical Serivces. (Nov 2021), incorporated by reference; FAR
52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders--Commercial
Products and Commercial Services. (May 2022) attached to this order; and any additional terms and conditions
checked below or included as a Center specific requirements as addenda to 52.212-4.

☒52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were
given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of
a clause may be accessed electronically at this/these address(es): FAR and NFS Search (nasa.gov)

FAR CLAUSES INCOPORATED BY REFERENCE:

☒52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services
(Nov 2021)
☒52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
☒52.204-13 System for Award Management Maintenance (Oct 2018)
☒52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)
☐52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction
Contracts (Sep 2013)
☒52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
☒52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Apr 2021)
☐52.245-1 Government Property (Jan 2017)
☐52.247-29 F.o.b. Origin (Feb 2006)
☒52.247-34 F.o.b. Destination (Nov 1991)

NASA FEDERAL ACQUISITION REGULATION (NFS) CLAUSES INCORPORATED BY

REFERENCE:

☒1852.203-71 Requirements to Inform Employees of Whistleblower rights (AUG 2014)

☐1852.204-75 Security Classification Requirements (SEP 1989)
☐1852.204-76 Security Requirements for Unclassified Information Technology Resources (JAN
2011)
☐1852.223-75 Major Breach of Safety or Security (Feb 2002) with Alternate I (Feb 2006)
☐1852.227-86 Commercial Computer Software-Licensing (Apr 2015)
☒1852.237-73 Release of Sensitive Information (JUNE 2005)
23 V5.03 JULY 2022
 ☐1852.245-76 List of government property furnished pursuant to FAR 52.245-2 (JAN 2011)
☐1852.242-72 Denied Access to NASA Facilities (Oct 2015)

NFS CLAUSES IN FULL TEXT:

☒1852.215-84 OMBUDSMAN (NOV 2011)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential
offerors, and contractors during the preaward and postaward phases of this acquisition. When requested, the
ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman
is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official.
Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the
adjudication of formal contract disputes. Therefore, before consulting with an ombudsman, interested parties
must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for
resolution.
(b) If resolution cannot be made by the contracting officer, interested parties may contact the installation
ombudsman, whose name, address, telephone number, facsimile number, and e-mail address may be found at:
Procurement-Ombuds-Comp-Advocate-Listing.pdf (nasa.gov). Concerns, issues, disagreements, and
recommendations which cannot be resolved at the installation may be referred to the Agency ombudsman
identified at the above URL. Please do not contact the ombudsman to request copies of the solicitation, verify
offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer or
as specified elsewhere in this document.

(End of Clause)

☒1852.216-78 FIRM FIXED PRICED (Dec 1988)

The total firm fixed price of this contract is TBD.

(End of Clause)

☒1852.225-70 EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International
Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, and the Export Administration Regulations
(EAR), 15 CFR parts 730-799, in the performance of this contract. In the absence of available license
exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other
approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical
assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign
persons in the performance of this contract, including instances where the work is to be performed on-site at
NASA Langley Research Center, where the foreign person will have access to export-controlled technical
data or software.
24 V5.03 JULY 2022
(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of
licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

(End of clause)

FAR CLAUSES IN FULL TEXT:

☒52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS - COMMERCIAL ITEMS (May 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and
as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (N OV 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 (N OV 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 services:

[Contracting Officer check as appropriate.]

☐(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I
(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

25 V5.03 JULY 2022

☐(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).

☐(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).

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

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

☐(13) [Reserved]

☒(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2020) (15 U.S.C. 644).

☐(ii) Alternate I (Mar 2020).

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

26 V5.03 JULY 2022

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

☒ (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

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

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

☒(30) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

27 V5.03 JULY 2022

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

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

☐ (ii) Alternate I (July 2014) of 52.222-35.

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

☐ (ii) Alternate I (July 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).

☒(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). (E. O. 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.

28 V5.03 JULY 2022

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

☐(ii) Alternate I (Jun 2014) 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.

☒(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 (Jun 2016) (E.O. 13693).

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

☐(ii) Alternate I (Jan 2017) of 52.224-3

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

☐(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2021) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.
L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42,
and 112-43).

☐(ii) Alternate I (Nov 2021) of 52.225-3.

☐(iii) Alternate II (Nov 2021) of 52.225-3.

☐(iv) Alternate III (Nov 2021) of 52.225-3.

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

☒(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).

29 V5.03 JULY 2022

 ☐(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. 2302 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 (Nov 2007) (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 Items (Nov 2021) (41 U.S.C.
4505), 10 U.S.C. 2307(f)).

☐(57) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).

☒(58) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)
(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. Appx 1241(b) 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:

30 V5.03 JULY 2022

 [Contracting Officer check as appropriate.]

☐(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

☐(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) (29 U.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 Under Executive Order 13658 (Jan 2022) (E.O. 13658).

☐(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, 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
31 V5.03 JULY 2022
 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 items. Unless otherwise indicated below, the extent of the flow down shall
be as required by the clause—

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations
acts (and as extended in continuing resolutions)).

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and
(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on
the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that
offer subcontracting opportunities.

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and
E.O 13627).

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

32 V5.03 JULY 2022

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

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

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

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov
2021) (46 U.S.C. Appx. 1241(b) 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 items a minimal
number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

SECTION 5
QUOTE EVALUATION CRITERIA

The Government will award a contract from this solicitation to the responsible Offeror whose offer conforming
to the solicitation is the lowest price technically acceptable (LPTA) offer. Offer’s not deemed technically
acceptable will be removed from further consideration of the contract award. An Offeror’s quote will be
deemed technically unacceptable and removed from further consideration for contract award if the Offeror’s
quote does not demonstrate that all of the requirements listed in this solicitation can be met in a satisfactory
manner.

33 V5.03 JULY 2022