(I) This is a special notice for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the intent to award on a sole source basis; proposals are not being requested and a written solicitation will not be issued.

(II) This is issued as a notice of intent to sole source with Sequoia Scientific under this notice PMEL-18-00368

(III) The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95.

(IV) This award will be issued with a total small business Set-Aside. The associated NAICS code is 334513.

(V) This award is for purchase of the following commercial items:
Purchase of LISST 200x with installation.

(VI) Description of requirements is as follows:
Per SOW/SPEC

(VII) Date(s) and place(s) of delivery and acceptance: 09/15/2017. Delivery shall be FOB Origin.
THE FOLLOWING PROVISIONS AND CLAUSES APPLY TO THIS ACQUISITION

FAR 52.212-1, Instructions to Offerors -- Commercial Items
FAR 52.212-3, Offeror Representations and Certifications - Commercial Items
FAR 52.212-4, Contract Terms and Conditions - Commercial Items
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items
FAR 52.204-99 System for Award Management (DEVIATION)
CAR 1352.201-70 Contracting Officer's Authority
CAR 1352.209-73 Compliance with the Laws
CAR 1352.209-74 Organizational Conflict of Interest
CAR 1352.233-70 Agency Protests
CAR 1352.233-71 GAO and Court of Federal Claims Protests
CAR 1352.237-70 Security Requirements

52.232-39 - Unenforceability of Unauthorized Obligations.
.1 52.232-18 AVAILABILITY OF FUNDS (APR 1984)
(Reference 52.232-18)
. 2 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
(Reference 52.232-40)
. 3 52.247-29 F.O.B. ORIGIN (FEB 2006)
(Reference 52.247-29)
. 4 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)
(Reference 1352.201-70)
. 5 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
(Reference 1352.209-73)
. 6 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
(Reference 1352.209-74)
. 7 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform
to the requirements of this contract. The Government reserves the right to inspect or test any supplies
or services that have been tendered for acceptance. The Government may require repair or replacement
of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.
If repair/replacement or reperformance will not correct the defects or is not possible, the Government
may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies
or services. The Government must exercise its post-acceptance rights--
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to
the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a
result of performance of this contract to a bank, trust company, or other financing institution,
including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).
However, when a third party makes payment (e.g., use of the Government wide commercial purchase card),
the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written
agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contracts Disputes, as amended
(41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for
equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a
dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated
herein by reference. The Contractor shall proceed diligently with performance of this contract,
pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by
an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such
as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and
delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon
as it is reasonably possible after the commencement of any excusable delay, setting forth the full
particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and
shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if
authorized) to the address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of
shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice
only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required
elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice
to be a proper invoice, the Contractor shall have submitted correct EFT banking information in
accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment
by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds
Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office
of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and
agents against liability, including costs, for actual or alleged direct or contributory infringement
of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising
out of the performance of this contract, provided the Contractor is reasonably notified of such claims
and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been
delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31
U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for
the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed
from the date of the invoice. For the purpose of computing the discount earned, payment shall be
considered to have been made on the date which appears on the payment check or the specified payment
date if an electronic funds transfer payment is made.
(5) Over payments. If the Contractor becomes aware of a duplicate contract financing or invoice
payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the
Contractor shall--
(i) Remit the over payment amount to the payment office cited in the contract along with a
description of the over payment including the--
(A) Circumstances of the over payment (e.g., duplicate payment, erroneous payment, liquidation
errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall
bear simple interest from the date due until paid unless paid within 30 days of becoming due. The
interest rate shall be the interest rate established by the Secretary of the Treasury as provided
in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in
(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the
Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due
under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211
if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence
or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer
within the timeline specified in the demand for payment unless the amounts were not repaid because the
Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the
Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included
in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment
resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved
beginning on the due date and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise
payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have
become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed
in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the
supplies provided under this contract shall remain with the Contractor until, and shall pass to the
Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if
transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government`s convenience. The Government reserves the right to terminate
this contract, or any part hereof, for its sole convenience. In the event of such termination, the
Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its
suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor
shall be paid a percentage of the contract price reflecting the percentage of the work performed
prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the
satisfaction of the Government using its standard record keeping system, have resulted from the
termination. The Contractor shall not be required to comply with the cost accounting standards or
contract cost principles for this purpose. This paragraph does not give the Government any right
to audit the Contractor`s records. The Contractor shall not be paid for any work performed or costs
incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause
in the event of any default by the Contractor, or if the Contractor fails to comply with any contract
terms and conditions, or fails to provide the Government, upon request, with adequate assurances
of future performance. In the event of termination for cause, the Government shall not be liable to
the Contractor for any amount for supplies or services not accepted, and the Contractor shall be
liable to the Government for any and all rights and remedies provided by law. If it is determined that
the Government improperly terminated this contract for default, such termination shall be deemed a
termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract
shall pa ss to the Government upon acceptance, regardless of when or where the Government takes
physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered here under are merchantable
and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will
not be liable to the Government for consequential damages resulting from any defect or deficiencies in
accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,
executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31
U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal
contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work
Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409
relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21
relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by
giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to
Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer
software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) System for Award Management (SAM).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during
performance and through final payment of any contract for the accuracy and completeness of the data
within the SAM database, and for any liability resulting from the Government`s reliance on inaccurate
or incomplete data. To remain registered in the SAM database after the initial registration, the
Contractor is required to review and update on an annual basis from the date of initial registration
or subsequent updates its information in the SAM database to ensure it is current, accurate and
complete. Updating information in the SAM does not alter the terms and conditions of this contract and
is not a substitute for a properly executed contractual document.
(2)
(i) If a Contractor has legally changed its business name,doing business as name, or division
name (whichever is shown on the contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding novation and change-of-name
agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a
minimum of one business day`s written notification of its intention to
(A) change the name in the SAM database;
(B) comply with the requirements of Subpart 42.12; and
(C) agree in writing to the timeline and procedures specified by the responsible Contracting
Officer. The Contractor must provide with the notification sufficient documentation to support the
legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this
clause, orfails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the
absence of a properly executed novation or change-of-name agreement,the SAM information that shows
the Contractor to be other than the Contractor indicated in the contract will be considered to be
incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds
transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as
appropriate, in theSAM record to reflect an assignee for the purpose of assignment of claims (see
Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.
Information provided to the Contractor`s SAM record that indicates payments, including those made by
EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information
within the meaning of the Suspension of payment paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation
requirements via SAM accessed through https://www.acquisition.gov.
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under
this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar
legal instrument or agreement, that includes any clause requiring the Government to indemnify the
Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would
create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed
to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.
If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree`` click box
or other comparable mechanism (e.g., ``click-wrap`` or ``browse-wrap`` agreements), execution does not
bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or
agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is
expressly authorized by statute and specifically authorized under applicable agency regulations and
procedures.
(v)Incorporation by reference. The Contractor`s representations and certifications, including those
completed electronically via the System for Award Management (SAM), are incorporated by reference into
the contract.
(End of Clause)
. 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--
COMMERCIAL ITEMS (MAR 2016)

(a) The Contractor shall comply with the following Federal Acquisition
Regulation (FAR) clause, which is incorporated in this contract by
reference, to implement provisions of law or Executive orders applicable
to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic
Corporations (Nov 2015).
(2) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553).
(3) 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:
(1) 52.203-6, Restrictions on Subcontractor Sales to the
Government (Sep 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).
(3) 52.203-15, Whistleblower Protections Under the American
Recovery 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 (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101
note).
(5) [Reserved]
(6) 52.204-14, Service Contract Reporting Requirements (JAN
2014) (Pub. L. 111-117, section 743 of Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for
Indefinite-Delivery Contracts (JAN 2014) (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. (Oct 2015) (31 U.S.C. 6101 note).
(9) 52.209-9, Updates of Publicly Available Information
Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
(10) [Reserved]
(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source
Award (NOV 2011) (15 U.S.C. 657a).
(ii) Alternate I (NOV 2011) of 52.219-3.
(12) (i) 52.219-4, Notice of Price Evaluation Preference for
HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to
waive the preference, it shall so indicate in its offer) (15 U.S.C.
657a).
(ii) Alternate I (JAN 2011) of 52.219-4.
(13) [Reserved]
(14)
XX (i) 52.219-6, Notice of Total Small Business Set-Aside
(Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011) of 52.219-6.
(iii) Alternate II (Nov 2011) of 52.219-6.
(15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside
(Jun 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (OCT
2014) (15 U.S.C. 637(d)(2) and (3)).
(17)
(i) 52.219-9, Small Business Subcontracting Plan (Oct
2015) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Oct 2001) of 52.219-9.
(iii) Alternate II (Oct 2001) of 52.219-9.
(iv) Alternate III (Oct 2015) of 52.219-9.
XX (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15
U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15
U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan
1999)(15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned
Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
XX (22) 52.219-28, Post Award Small Business Program
Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award
to, Economically Disadvantaged Women-Owned Small Business Concerns
(Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).
XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
XX (26) 52.222-19, Child Labor--Cooperation with Authorities and
Remedies (FEB 2016) (E.O. 13126).
XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr
2015).
XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38
U.S.C. 4212).
XX (30) 52.222-36, Equal Opportunity for Workers with
Disabilities (Jul 2014) (29 U.S.C. 793).
(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38
U.S.C. 4212).
(32) 52.222-40, Notification of Employee Rights Under the
National Labor Relations Act (Dec 2010) (E.O. 13496).
XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2,
2015) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C.
chapter 7 and E.O. 13627).
(34) 52.222-54, Employment Eligibility Verification (Oct
2015). (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.)
(35) (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.)
(36) (i) 52.223-13, Acquisition of EPEAT(R) -Registered
Imaging Equipment(Jun 2014) (E.O.s 13423 and 13514)
(ii) Alternate I (Oct 2015) of 52.223-13.
(37) (i) 52.223-14, Acquisition of EPEAT(R) -Registered
Television (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
(38) 52.223-15, Energy Efficiency in Energy-Consuming
Products(Dec 2007) (42 U.S.C. 8259b).
(39) (i) 52.223-16, Acquisition of EPEAT(R)-Registered
Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text
Messaging while Driving (Aug 2011) (E.O. 13513).
XX (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C.
chapter 83).
(42) (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.
(43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et

seq., 19 U.S.C. 3301 note).
XX (44) 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).
(45) 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).
(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside
(Nov 2007) (42 U.S.C. 5150).
(47) 52.226-5, Restrictions on Subcontracting Outside Disaster
or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(48) 52.232-29, Terms for Financing of Purchases of Commercial
Items(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
(49) 52.232-30, Installment Payments for Commercial Items (Oct
1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
XX (50) 52.232-33, Payment by Electronic Funds Transfer - System
for Award Management (Jul 2013) (31 U.S.C. 3332).
(51) 52.232-34, Payment by Electronic Funds Transfer - Other
Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.
3332).
(53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5
U.S.C. 552a).
(54) (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.
(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:
(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)
(E.O. 13495).
(2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41
U.S.C. chapter 67).
(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 --Price Adjustment (Multiple Year and Option Contracts)(MAY
2014) (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 (Aug 2007)
(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 ofthe 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 3years 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) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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.
(iii)52.222-17, Non displacement of Qualified Workers (MAY 2014) (E.O.
13495). Flow down required in accordance with paragraph (l) of FAR
clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.
4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul
2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38
U.S.C. 4212).
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014),(41 U.S.C.
chapter 67).
(xi) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015)
(22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter
78 and E.O. 13627).
(xii) 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.)
(xiii) 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)
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.
O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC
2015).
(xvi) 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).
(xvii) 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.
(xviii) 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)
. 9 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price
specified. The Contracting Officer may exercise the option by written notice to the Contractor
within 10 days Delivery of the added items shall continue at the same rate as the like items called
for under the contract, unless the parties otherwise agree.
(End of Clause)
. 10 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
(a) "Definition." "Ozone-depleting substance," as used in this clause, means any substance the
Environmental Protection Agency designates in 40 CFR part 82 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and
methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting
substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR
part 82, Subpart E, as follows:
Warning
Contains (or manufactured with, if applicable) +_______, a substance(s) which harm(s) public health
and environment by destroying ozone in the upper atmosphere.
+ The Contractor shall insert the name of the substance(s).
(End of Clause)
. 11 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under
this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar
legal instrument or agreement, that includes any clause requiring the Government to indemnify the
Contractor or any person or entity for damages, costs, fees, or any other loss or liability that
would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(1) Any such clause is unenforceable against the Government.
(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed
to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.
If the EULA, TOS, or similar legal instrument or agreement is invoked through an `I agree` click box
or other comparable mechanism (e.g., `click-wrap` or `browse-wrap` agreements), execution does not
bind the Government or any Government authorized end user to such clause.
(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or
agreement.
(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is
expressly authorized by statute and specifically authorized under applicable agency regulations and
procedures. (End of clause)
. 12 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):
(End of Clause)
. 13 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter
1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date
of the clause.
(b) The use in this solicitation or contract of any CAR and FAR (48 CFR clause with an authorized
deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Clause)
. 14 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
(a) The Contracting Officer or the duly authorized representative will accept supplies and services
to be provided under this contract. (b) The place of acceptance will be:
(End of clause)
. 15 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS (FEB 2015)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste,
or abuse to sign or comply with 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.
(b) The contractor shall notify employees that the prohibitions and restrictions of any internal
confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to
Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the
nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or
otherwise made available) under that or any other Act may be prohibited, if the Government determines
that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to comply with the
provisions of this clause.
(End of clause)
. 16 SAM.GOV

52.204-99 -- System for Award Management Registration (DEVIATION)
Except for awards where the Govemment wide purchase card (GPC) is used as the method of payment,
contracting officers shall include the attached clause 52.204-99, System for Award Management
Registration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DF ARS
252.204-7004, Alternate A, Central Contractor Registration.
System for Award Management Registration (August 2012) (DEVIATION)
(a) Definitions. As used in this clause-
"Central Contractor Registration (CCR) database" means the retired primary Government repository for
Contractor information required for the conduct of business with the Government.
"Commercial and Government Entity (CAGE) code" means-
(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a
commercial or Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and
maintains in the CAGE master file. This type of code is known as an "NCAGE code."
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by
D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with
this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business
concern to establish additional SAM records for identifying alternative Electronic Funds Transfer
(EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
"Registered in the SAM database" means that-
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4
number, into the SAM database;
(2) The Contractor's CAGE code is in the SAM database; and
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer
Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record
"Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4
validation to the Government as a part of the SAM registration process.
"System for Award Management (SAM)" means the primary Government repository for prospective federal
awardee information and the centralized Government system for certain contracting, grants, and other
assistance related processes. It includes-
(1) Data collected from prospective federal awardees required for the conduct of business with the
Government;
(2) Prospective contractor submitted annual representations and certifications in accordance with FAR
Subpart 4.12; and
(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or
excluded or disqualified under the non procurement common rule by agencies, Government corporations ,
or by the Government Accountability Office.
(b)
(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through
final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing
agreement resulting from this solicitation.
(2) The SAM registration shall be for the same name and address identified on the contract, with its
associated CAGE code and DUNS or DUNS+4.
(3) If indicated by the Government during performance, registration in an alternate system may be
required in lieu of SAM.
(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to
obtain one.
(1) A contractor may obtain a DUNS number-
(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet
access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The
contractor should indicate that it is a contractor for a U.S. Government contract when contacting the
local Dun and Bradstreet office.
(2) The Contractor should be prepared to provide the following information:
(i) Company legal business name.
(ii) Trade style, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.
(e) Processing time for registration in SAM, which normally takes five business days, should be taken
into consideration when registering. Contractors who are not already registered should consider
applying for registration at least two weeks prior to invoicing.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM
database, and for any liability resulting from the Government's reliance on inaccurate or incomplete
data. To remain registered in the SAM database after the initial registration, the Contractor is
required to review and update on an annual basis from the date of initial registration or subsequent
updates its information in the SAM database to ensure it is current, accurate and complete. Updating
information in the SAM does not alter the terms and conditions of this contract and is not a
substitute for a properly executed contractual document.
(g)
(1)
(i) If a Contractor has legally changed its business name, "doing business as" name, or division name
(whichever is shown on the contract), or has transferred the assets used in performing the contract,
but has not completed the necessary requirements regarding novation and change-of-name agreements
in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient
documentation to support the legally changed name with a minimum of one business day's written
notification of its intention to-
(A) Change the name in the SAM database;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause,
or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence
of a properly executed novation or change-of-name agreement, the SAM information that shows the
Contractor to be other than the Contractor indicated in the contract will be considered to be
incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic
funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as
appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see
FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.
Information provided to the Contractor's SAM record that indicates payments, including those made
by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect
information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this
contract.
(h) Contractors may obtain information on registration and annual confirmation requirements via the
SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for
international calls.
(End of Clause)

Questions must be emailed to the attention of Ben Carlson. The email address is [email protected] , 206-526-4321.