Description
The USDA-ARS-SWRU is in need of a laboratory analytical instrument suitable for both laboratory and field measurement of gas-phase nitrous oxide (N2O) and carbon monoxide (CO) concentrations in air samples collected from soil incubation vessels and closed chambers placed on the soil surface in agricultural settings. The analyzer needs to be capable of reliably measuring N2O and CO concentrations ranging from 0.1 ppm to 100 ppm and to output concentration data nearly continuously (at least 1 hz) on both a raw and dry concentration basis with options for both digital and analog output and with drift of 1 ppb or less. Unit should also report water vapor concentration. For mobile field use, the instrument needs to be portable with an option for battery power and weighing less than 10 kg including a built-in pump. COMMERICAL ITEM CONTRACT CLAUSES: FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (DEVIATION APR 2020) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204–23 , Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) ( Section 1634 of Pub. L. 115–91 ). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (5) 52.233-3 , Protest After Award (Aug 1996) ( 31 U.S.C. 3553 ). (6) 52.233-4 , Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note )). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.203-6 , Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) ( 41 U.S.C. 4704 and 10 U.S.C. 2402 ). __ (2) 52.203-13 , Contractor Code of Business Ethics and Conduct (Oct 2015) ( 41 U.S.C. 3509 )). __ [when funded in whole or in part with Recovery Act funds] (3) 52.203-15 , Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2018) (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. (Oct 2015) (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]. __ [for acquisitions set aside or awarded sole source to HUBZone small businesses under 19.1305 or 19.1306 ] (11) 52.219-3 , Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) ( 15 U.S.C. 657a ). __ [waive 50% requirement if conditions at 19.1308(b) apply] (i) Alternate I (Mar 2020) of 52.219-3 . __ [full & open & over SAT] (12) 52.219-4 , Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a ). __ [waive 50% requirement if conditions at 19.1308(b) apply] (i) Alternate I (Mar 2020) of 52.219-4 . __ (13) [Reserved] __ (14) 52.219-6 , Notice of Total Small Business Set-Aside (Mar 2020) ( 15 U.S.C. 644 ). __ (i) Alternate I (Mar 2020). __ (15) 52.219-7 , Notice of Partial Small Business Set-Aside (Mar 2020) ( 15 U.S.C. 644 ). __ (i) 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)). __ [contracts that offer subcontracting possibilities, are expected to exceed $700,000 ($1.5 million for construction of any public facility), and are required to include the clause at 52.219-8 ] ( 17) 52.219-9 , Small Business Subcontracting Plan (Mar 2020) ( 15 U.S.C. 637(d)(4) ). __ [sealed bidding rather than by negotiation] (i) Alternate I (Mar 2020) of 52.219-9 . __ [subcontracting plans are required with initial proposals as provided for in 19.705-2 (d (ii) Alternate II (Mar 2020) of 52.219-9 . __ [contract action will not be reported in the Federal Procurement Data System pursuant to 4.606 (c)(5) or (c)(6) ] (iii) Alternate III (Mar 2020) 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 (Mar 2020) ( 15 U.S.C. 637(a)(14) ). __ [insert in acquisitions containing the clause at 52.219-9 ] (20) 52.219-16 , Liquidated Damages—Subcontracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i) ). __ [acquisitions that are set aside or reserved for, or awarded on a sole source basis to, service-disabled veteran-owned small business concerns under 19.1405 and 19.1406 ] (21) 52.219-27 , Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) ( 15 U.S.C. 657 f ). X (22) 52.219-28 , Post Award Small Business Program Representation (May 2020) ( 15 U.S.C. 632(a)(2) ). __ [acquisitions that are set aside or reserved for, or awarded on a sole source basis to, EDWOSB concerns under 19.1505 (b) or 19.1506 (a)] (23) 52.219-29 , Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) ( 15 U.S.C. 637(m) ). __ [acquisitions that are set aside or reserved for, or awarded on a sole source basis to WOSB concerns under 19.1505 (c) or 19.1506 (b)] (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 (Mar 2020) ( 15 U.S.C. 637(m) ). __ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). __ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)). __ (27) 52.222-3 , Convict Labor (June 2003) (E.O. 11755). X (28) 52.222-19 , Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126). (29) 52.222-21 , Prohibition of Segregated Facilities (Apr 2015). (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 (Oct 2015)( 38 U.S.C. 4212 ). (ii) Alternate I (July 2014) of 52.222–35 . __ (32)(i) 52.222-36 , Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). (ii) Alternate I (July 2014) of 52.222–36 . __ (33) 52.222-37 , Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). X (34) 52.222-40 , Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (35)(i) 52.222-50 , Combating Trafficking in Persons (Jan 2019) ( 22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Jan 2019) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). __ (36) 52.222-54 , Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803 .) __ (37)(i) 52.223-9 , Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11 , Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (39) 52.223-12 , Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (40)(i) 52.223-13 , Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13 . __ [contracts when televisions will be-Delivered; Acquired by the contractor for use in performing services at a Federally controlled facility; or Furnished by the contractor for use by the Government] __ (41)(i) 52.223-14 , Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ [sufficient EPEAT® silver- or gold-registered products available to meet agency needs] (ii) Alternate I (Jun 2014) of 52.223-14 . X (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 (Aug 2011) (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). X (48) 52.225-1 , Buy American—Supplies (May 2014) ( 41 U.S.C. chapter 83 ). __ [acquisition value is less than $191,000 ] (49)(i) 52.225-3 , Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) ( 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 (May 2014) of 52.225-3 . __ (iii) Alternate II (May 2014) of 52.225-3 . __ (iv) Alternate III (May 2014) 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). X (51) 52.225-13 , Restrictions on Certain Foreign Purchases (Jun 2008) (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 (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note) . __ [contracts involving local area set-asides] (53) 52.226-4 , Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ [contracts involving local area set-asides] (54) 52.226-5 , Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150 ). __ (55) 52.232-29 , Terms for Financing of Purchases of Commercial Items (Feb 2002) ( 41 U.S.C. 4505 , 10 U.S.C. 2307(f) ). __ (56) 52.232-30 , Installment Payments for Commercial Items (Jan 2017) ( 41 U.S.C. 4505 , 10 U.S.C. 2307(f) ). X (57) 52.232-33 , Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) ( 31 U.S.C. 3332 ). __ (58) 52.232-34 , Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). __ (59) 52.232-36 , Payment by Third Party (May 2014) ( 31 U.S.C. 3332 ). __ (60) 52.239–1 , Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). (61 ) 52.242–5 , Payments to Small Business Subcontractors (MAY 2019)(15 U.S.C. 637(d)(13)). __ (62)(i) 52.247-64 , Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 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 (Feb 2006) 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 items: [Contracting Officer check as appropriate.] __ [Use if over SAT and follow on service contract not awarded to Ability One or under Randolph Sheppard (vending).] (1) 52.222-17 , Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ [Use if over $2,500 or unknown, SCA Labor Standards apply, and not for calibration/maintenance of equipment.] (2) 52.222-41 , Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67 ). __ [Use if over $2,500 and SCA Labor Standards apply.] (3) 52.222-42 , Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). __ (4) 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 ). __ (5) 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 ). __ (6) 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 ). __ (7) 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 ). __ (8) 52.222-55 , Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.226-6 , Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S.C. 1792 ). __ (10) 52.237-11 , Accepting and Dispensing of $1 Coin (Oct 2018) ( 31 U.S.C. 5112(p)(1) ). (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 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 (Oct 2015) ( 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 (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-17 , Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17 . (vii) 52.222-21 , Prohibition of Segregated Facilities (Apr 2015) (viii) 52.222-26 , Equal Opportunity (Sept 2016) (E.O. 11246). (ix) 52.222-35 , Equal Opportunity for Veterans (Oct 2015) ( 38 U.S.C. 4212 ). (x) 52.222-36 , Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). (xi) 52.222-37 , Employment Reports on Veterans (Feb 2016) ( 38 U.S.C. 4212 ) (xii) 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 . (xiii) 52.222-41 , Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67 ). (xvi) 52.222-50 , Combating Trafficking in Persons (Jan 2019) ( 22 U.S.C. chapter 78 and E.O 13627). Alternate I (Jan 2019) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O 13627 ). (xv) 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 ). (xvi) 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 ). (xvii) 52.222-54 , Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xviii) 52.222-55 , Minimum Wages Under Executive Order 13658 (Dec 2015). (xix) 52.222-62 , Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xx)(A) 52.224-3 , Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxi) 52.225-26 , Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note) . (xxii) 52.226-6 , Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S.C. 1792 ). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6 . (xxiii) 52.247-64 , Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 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) 52.216-18 Ordering. [solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated] As prescribed in 16.506(a), insert the following clause: O RDERING (O CT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __________ through____________ [ insert dates ]. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-32 Task-Order and Delivery-Order Ombudsman. As prescribed in 16.506(j), insert the following clause: [in solicitations and contracts when a multiple-award indefinite-delivery indefinite-quantity contract is contemplated] T ASK -O RDER AND D ELIVERY -O RDER O MBUDSMAN (S EPT 2019) (a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. [ Contracting Officer to insert name, address, telephone number, and email address for the Agency Ombudsman or provide the URL address where this information may be found. ] (b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests). (c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure. (End of clause) [Alternate I when the contract will be available for use by multiple agencies] Alternate I (Sept 2019) . As prescribed in 16.506(j), add the following paragraph (d) to the basic clause. (d) Contracts used by multiple agencies. (1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity. (2) The ordering activity has designated the following task-order and delivery-order Ombudsman for this order: [ The ordering activity's contracting officer to insert the name, address, telephone number, and email address for the ordering activity's Ombudsman or provide the URL address where this information may be found. ] (3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure. FAR 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): https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.htm 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006) Alternate I (Oct1995) . 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.209-7 [contract value is expected to exceed $550,000] Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2018) 52.232-1 Payments (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEVIATION APR 2020) 52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004) 52.243-1 Changes-Fixed Price (Aug 1987) 52.244-6 Subcontracts for Commercial Items (DEVIATION APR 2020) 52.247-34 F.o.b. Destination (Nov 1991) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) (END CLAUSES BY REFERENCE) AGAR Clauses 452.211-71 Equal Products Offered. [solicitations, other than those for construction, where "brand name or equal" purchase descriptions are used.] As prescribed in 411.171, insert the following or substantially the same clause in solicitations seeking offers on a "brand name or equal" basis to allow offerors the opportunity to clearly identify the "equal" item being offered, and to illustrate how that item meets the salient characteristics requirements of the Government. EQUAL PRODUCTS OFFERED (NOV 1996) (a) Offerors proposing to furnish an "equal" product, in accordance with the "Brand Name or Equal" provision of this solicitation, shall provide the following information for each offered "equal" product: Contract Line Item Number (if any): _____________________________ Brand Name or Equal Product identified by the Government in this solicitation:_ 1263VY20S0003 _______ Offered Product Name:_ N2O Concentration & Isotope Analyzer 15N, 15N-SP__________________ Catalog Description or part number:_ G5131-i______________________________ Manufacturer's Name:_ Picarro_______________ Manufacturer's Address:______________________________________ (b) Offerors are responsible for submitting all additional information on the above product necessary for the Contracting Officer to determine whether the product offered meets the "brand name or equal" product's salient characteristics listed in the solicitation. (End of Clause) 452.211-72 Statement of Work/Specifications. [when the description (statement of work) or specification(s) is included in Section J of the solicitation] As prescribed in 411.171 , insert the following clause: STATEMENT OF WORK/SPECIFICATIONS (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J. (End of Clause) 452.211-73 Attachments to Statements of Work/Specifications. [when there are attachments to the description (statement of work) or specifications] As prescribed in 411.171 , insert the following clause: ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract. (End of Clause) * Contracting Officer shall insert the appropriate information . 452.211-74 Period of Performance . As prescribed in 411.404(a) , insert the following clause: PERIOD OF PERFORMANCE (FEB 1988) The period of performance of this contract is from _ _*_ _ through __*__. *Contracting Officer shall insert the appropriate dates. 452.211-75 Effective Period of the Contract. [when it is necessary to specify the effective period of the contract ] As prescribed in 411.404(b), insert the following clause: EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988) The effective period of this contract is from ___*___ through ___*___. (End of Clause) *Contracting Officer shall insert the appropriate dates. 452.216-73 Minimum and Maximum Contract Amounts. [in indefinite-delivery, indefinite-quantity contracts when the clause at FAR 52.216-18 is used] As prescribed in 416.506(b), insert the following clause: MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of *, but not in excess of * . (End of Clause) *Contracting Officer shall insert appropriate quantity or dollar amounts. 452.224-70 Confidentiality of Information. [contracts involving confidential information] As prescribed in 424.104, insert a clause substantially as follows: CONFIDENTIALITY OF INFORMATION (FEB 1988) (a) Confidential information, as used in this clause, means -- (1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization. (b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon. (c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause. (d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act. (e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization. (f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause. (g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication. (h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws. (End of Clause) 452.246-70 Inspection and Acceptance. [where inspection and acceptance will be performed at the same location] As prescribed in 446.370 , insert the following clause: INSPECTION AND ACCEPTANCE (FEB 1988) (a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. (b) Inspection and acceptance will be performed at: ________*_________. (End of clause) [ inspection and acceptance will be performed at different locations] Alternate I (FEB 1988). As prescribed in 446.370, substitute a paragraph (b) and add a paragraph (c): (b) Inspection will be performed at: __________*___________ (c) Acceptance will be performed at: __________*___________ (End of clause) Responses are to be emailed to the Contracting Officer NLT the date and time set above.