This is a combined synopsis/solicitation for commercial items prepared in accordance with the
format in Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional
information included in this notice. This announcement constitutes the only solicitation; quotes
are being requested and a written solicitation will not be issued.
(i) This solicitation number 12FPC324Q0081 is issued as a Request for Quotation
(RFQ) and the acquisition procedures at FAR Part 12 and 13 are being utilized. The
Government intends to issue a firm fixed price (FFP) award based on the lowest
price, technically acceptable quote that conforms to the solicitation requirements.
(ii) This solicitation document and incorporated provisions and clauses are those in effect
through Federal Acquisition Circular 2024-05 thru May 22, 2024.
(iii) This is a total (100%) small business set-aside. 333415 (Air-Conditioning and Warm
Air Heating Equipment and Commercial and Industrial Refrigeration Equipment
Manufacturing.) with a size standard of 1,250 employees. For more information on
size standards visit http://www.sba.gov/size.
(iv) Line Item 0001 – Dual Circuit Scroll Split-System Air-Cooled Process Water Chiller
(QTY 1). (SEE ATTACHMENT 1)
(v) Line Item 0002 – SHIPPING
(vi) Description of Requirement. NRCS- Portland, OR has a requirement for a Dual
Circuit Scroll Split-System Air-Cooled Process Water Chiller. The USDA NRCS
Electronics Maintenance Facility is purchasing new environmental chambers. Due to
the cooling rate of the chambers they are in need of a being water cooled to remove
the excess heat from the condensers. They are planning on running cooling water into
the chamber at 55°C the outlet temperature will be 95°C. This water will need to run
at 18 to 72 gallons per minute (GPM) for each chamber for a total of 144 GPM. They
will need process water cooling for 2 chambers. Due to the location of the facility, a
standalone system will not be able to be used. A split system air cooled process
chiller is needed.
(vii) General Scope of Work. Contractor shall furnish all supervision, labor, materials,
tools, equipment, transportation, supplies and travel necessary to provide the required
product.
(viii) Date(s) and Place(s) of Delivery and Acceptance. Period of Performance /
Delivery date will be approximately 180 days after receipt of award. The product
will be delivered to the location listed below:
2
Delivery Location:
USDA Natural Resources Conservation Service, Electronics Maintenance Facility
ATTN: Alexander D. Rebentisch, Lead Electronics Technician
12635 NE Marx St
Portland, OR 97230
503.820.5746 – Office
(ix) The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this
acquisition. The following addenda also apply. Addendum to 52.212-1, Modify (b):
Submission of Offers to read as follows: All Quotes shall be submitted on company
letterhead, (and any applicable amendments), signed, dated and sent via email to Ms.
C. Thomas, Contract Specialist, email: chauquetta.thomas@usda.gov, no later than
July 22, 2024 at 8:00 AM EST. All questions resulting from this solicitation are
due by July 15, 2024 at 1:00 PM EST; answers will be provided via an
amendment to the solicitation. The offeror shall include all applicable delivery
charges to the multiple delivery locations. The offeror shall provide a Firm Fixed
Price quote that is in accordance with this solicitation. To be considered technically
acceptable, the offeror must submit the following: 1) Quote on Company Letterhead,
with any amendments, as applicable, signed, and priced; 2) Items must conform to the
required specifications; 3) Registered and active in SAM.gov prior to award; 4) Must
have NAICS code 333415 in beta.SAM.gov prior to award.
(x) FAR provision 52.212-2, Evaluation-Commercial Items – The Government intends to
make an award based on the vendor submitting the quote with the Lowest Price,
Technically Acceptable process.
(xi) Offerors are required to complete the provision at 52.212-3, Offeror Representations
and Certifications—Commercial Items. This must be completed at www.SAM.gov
and the registration in an “Active” status.
(xii) The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies
to this acquisition and addenda are not attached.
The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or
Executive Orders—Commercial Items, applies to this acquisition and the following
additional FAR clauses cited in the clause are applicable to this acquisition.
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive
Orders—Commercial Products and Commercial Services.
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders-
Commercial Products and Commercial Services.
3
(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-
91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar
2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-
77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the
Contracting Officer has indicated as being incorporated in this contract by reference to
implement provisions of law or Executive orders applicable to acquisitions of commercial
products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with
Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C.
3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts
funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712);
this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable
elements of the intelligence community—see FAR 3.900(a).
4
__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards
(Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117,
section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102
of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply
Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023)
( Pub. L. 115–390, title II).
__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204–30.
__ (12) 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).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15
U.S.C. 657a).
__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its
offer) ( 15 U.S.C. 657a).
__ (17) [Reserved]
X (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (19) (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.
__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024)) ( 15 U.S.C. 637(d)(2)
and (3)).
__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 2023) of 52.219-9.
__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.
637(d)(4)(F)(i)).
5
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled
Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program
(Feb 2024) ( 15 U.S.C. 657f).
__ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15
U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (
15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15
U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
X (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) .
X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
X (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C.
793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
X (39) (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).
__ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order
12989). (Not applicable to the acquisition of commercially available off-the-shelf items or
certain other types of commercial products or commercial services as prescribed in FAR
22.1803.)
__ (41) (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.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment
and Air Conditioners (Jun 2016) (E.O. 13693).
__ (44) (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.
6
__ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s
13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42
U.S.C. 8259b).
__ (47) (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 (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(Jun 2020) (E.O. 13513).
__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
X (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (
19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19
U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-
302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301
note).
__ (55) 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).
__ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for
Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C.
5150).
__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(Nov2007) ( 42 U.S.C. 5150).
__ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and
Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services
(Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
X (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management
(Oct2018) ( 31 U.S.C. 3332).
__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) ( 31 U.S.C. 3332).
__ (64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
7
__ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C.
637(d)(13)).
__ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov
2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to
commercial services, that the Contracting Officer has indicated as being incorporated in this
contract by reference to implement provisions of law or Executive orders applicable to
acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C.
206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May
2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (
42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the
provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in
excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award
of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s
directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR subpart 4.7,
Contractor Records Retention, of the other clauses of this contract. If this contract is
completely or partially terminated, the records relating to the work terminated shall be made
8
available for 3 years after any resulting final termination settlement. Records relating to
appeals under the disputes clause or to litigation or the settlement of claims arising under or
relating to this contract shall be made available until such appeals, litigation, or claims are
finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the
ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of
this clause, the Contractor is not required to flow down any FAR clause, other than those in
this paragraph (e)(1), in a subcontract for commercial products or commercial services.
Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C.
3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed
or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-
91).
(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of
Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 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.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
9
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C.
793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi) (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).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan
2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for
Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 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.
10
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar
2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with
paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov
2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with
paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial
products and commercial services a minimal number of additional clauses necessary to
satisfy its contractual obligations.
(End of clause)
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
(End of Clause)
Attachments Descriptions Pages
Attachment 1 P03 1132074 Product Description_Water Chiller OR 1
PART IV. REPRESENTATIONS AND INSTRUCTIONS
SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
BIDDERS
52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) The
Contractor’s representations and certifications, including those completed electronically via the
System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS
52.225-1 Buy American-Supplies (Oct 2022)
(a) Definitions. As used in this clause—
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product”
at Federal Acquisition Regulation (FAR) 2.101);
11
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without
modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products
and petroleum products.
Component means an article, material, or supply incorporated directly into an end product.
Cost of components means—
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic
firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs associated
with the manufacture of the end product.
Critical component means a component that is mined, produced, or manufactured in the United States
and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105 .
Domestic end product means—
(1) For an end product that does not consist wholly or predominantly of iron or steel or a
combination of both-
(i) An unmanufactured end product mined or produced in the United States;
(ii) An end product manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United States
exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for
items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in
calendar year 2029. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available commercial
quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as
foreign. Scrap generated, collected, and prepared for processing in the United States is considered
domestic; or
(B) The end product is a COTS item; or
(2) For an end product that consists wholly or predominantly of iron or steel or a combination of
both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes
less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and
steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab,
wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith
estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel
components of unknown origin are treated as foreign. If the end product contains multiple components,
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the cost of all the materials used in such end product is calculated in accordance with the definition of
"cost of components".
End product means those articles, materials, and supplies to be acquired under the contract for public
use.
Fastener means a hardware device that mechanically joins or affixes two or more objects together.
Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign end product means an end product other than a domestic end product.
Foreign iron and steel means iron or steel products not produced in the United States. Produced in the
United States means that all manufacturing processes of the iron or steel must take place in the United
States, from the initial melting stage through the application of coatings, except metallurgical processes
involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the
determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel
content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of
the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized
in the manufacture of the product and a good faith estimate of the cost of iron or steel components
excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and
may include other elements.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies
acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the
Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for
an end product that consists wholly or predominantly of iron or steel or a combination of both, the
domestic content test is applied only to the iron and steel content of the end product, excluding COTS
fasteners.
(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting
Officer will treat as domestic for this contract.
(d) The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."
(End of clause)
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
13
appropriate information with its quotation or offer. Also, the full text of a solicitation provision may
be accessed electronically at this/these address(es):
https://www.acquisition.gov/?q=browsefar
(End of Provision)
4I-52.233-70 Protests to the Agency. (Mar 2016)
(a) An agency protest filed with the contracting officer shall be sent to the contracting officer’s
mailing address or email address listed in the solicitation. The contractor should contact the
contracting officer to verify the mailing or email address prior to delivering a protest.
(b) The independent review of a contracting officer’s decision regarding a protest described at FAR
33.103(d)(4) is not available as an alternative to consideration of the protest by the contracting
officer. An independent review is available only as an appeal of the contracting officer’s decision on
a protest. An appeal must be filed within 10 calendar days of the protestor’s receipt of the contracting
officer’s decision, otherwise the appeal will be deemed untimely and not considered. The appeal
must be directed to the Contracting Services Branch Chief but sent to the contracting officer.
(c)The protest must contain all of the elements required by FAR 33.103(d)(2). Failure to substantially
comply with any of the requirements of FAR 33.103(d)(2) may be grounds for dismissal of the
protest.
(End of provision)
AGAR 452.219-70 Size Standard and NAICS Code Information. (Sep 2001)
The North American Industrial Classification System Code(s) and business size standard(s)
describing the products and/or services to be acquired under this solicitation are listed below:
Contract Line Item(s): All
NAICS Code: 333415
Size Standard: 1,250 employees
