FY-26 Network Hardware supplies

Description  -

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 12.  This announcement constitutes the only solicitation; offers are being requested, and a separate written solicitation will not be issued. 

Solicitation number 1232SA26Q0199 is issued as a Request for Quotation (RFQ) for FY 26 Network Hardware

This acquisition  is not set-aside for small business concerns.  This solicitation incorporates provisions and clauses by reference.  The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The applicable North American Industry Classification Standard Code is 334419  The small business size standard is 750 Employees  This acquisition is an unrestricted requirement.   All responsible sources may submit a quotation which will be considered by the agency. 

Statement of Requirement

Specifications  provided

Item

Description

Qty

0001

Specificaitons

0002

LPTA Evaluation

0003

FAR 52.225-11[CGT1] , Buy American-Construction Materials under Trade Agreements is included - One or more of the items under this acquisition is subject to the World Trade Organization Government Procurement Agreement and Free Trade Agreements.

Technical Data –

Fulfil the Specifications and deliver and install these items.

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation.  The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates.  The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation.  Contracting officers will rely on representations from offers based on provisions in the solicitation.  Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2          Clauses Incorporated by Reference                                                             Feb 1998

This solicitation 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 the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-4          Terms and Conditions—Commercial Products and Commercial Services (Nov 2025)

                        ☐  Alternate I[CGT2]   (Nov 2025) of 52.212-4

            This is a commercial construction acquisition.  FAR 52.212-4 is amended as follows:

                        (b) Inspection/Acceptance.  Inspection and Acceptance will be conducted in                           accordance with FAR 52.246-12, Inspection of Construction (Aug 1996).

                        (d) Changes.  Changes will be handled in accordance with the following FAR                                  clause(s):

            ☒ FAR 52.243-4[CGT3] , Changes (Nov 2025)

            ☒ FAR 52.243-5[CGT4] , Changes and Changed Conditions (Nov 2025)

            (o) FAR 52.246-21, Warranty of Construction is applicable to this contract. 

52.203-17        Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19        Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements                 (Jan 2017)

52.222-50        Combating Trafficking in Persons (Nov 2025)

☐  Alternate I[CGT5]  (Nov 2025) of 52.222-50

52.226-8          Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

52.232-40        Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-3          Protest After Award (Sep 2025)

52.233-4          Applicable Law for Breach of Contract Claim (Sep 2025)

52.240-91        Security Prohibitions and Exclusions (Nov 2025)

☐  Alternate I[CGT6]  (Nov 2025) of 52.240-91

52.244-6          Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked: 

☐  52.203-6[CGT7]        Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I                   (Nov 2021) of 52.203-6

☐  52.203-13[CGT8]      Contractor Code of Business Ethics and Conduct (Nov 2021)

☐  52.204-9[CGT9]        Personal Identity Verification of Contractor Personnel Jan 2011

☐  52.204-13[CGT10]     System for Award Management—Maintenance (Nov 2025)

☐  52.204-91[CGT11]     Contractor identification (Nov 2025)

☐  52.209-6[CGT12]       Protecting the Government’s Interest When Subcontracting with   

                        Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025)

☐  52.209-9[CGT13]       Updates of Publicly Available Information Regarding Responsibility      

                        Matters (Sep 2025)

☒  52.209-10[CGT14]     Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025)

☐  52.219-4[CGT15]       Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov                 2025)

☒  52.219-6[CGT16]       Notice of Total Small Business Aside (Nov 2025)

☐ Alternate I[CGT17]  (Mar 2020).

☐  52.219-8[CGT18]       Utilization of Small Business Concerns (Nov 2025)

☐  52.219-9[CGT19]       Small Business Subcontracting Plan (Nov 2025)

☐ Alternate III[CGT20]  (Nov 2025) of 52.219-9.

☐ Alternate IV[CGT21]   (Nov 2025) of 52.219-9

☐  52.219-14[CGT22]     Limitations on Subcontracting (Nov 2025)

☐  52.219-16[CGT23]     Liquidated Damages—Subcontracting Plan (Nov 2025)

☒  52.219-33[CGT24]     Nonmanufacturer Rule (Nov 2025)

☐  52.222-3[CGT25]       Convict Labor (June 2003)

☐  52.222-19[CGT26]     Child Labor—Cooperation with Authorities and Remedies (Nov 2025)

☐  52.222-35[CGT27]     Equal Opportunity for Veterans (Nov 2025)

☐ Alternate I[CGT28]  (Jul 2014) of 52.222-35

☒  52.222-36[CGT29]     Equal Opportunity for Workers with Disabilities (Nov 2025)

☐ Alternate I[CGT30]  (Jul 2014) of 52.222-36

☐  52.222-37[CGT31]     Employment Reports on Veterans (Nov 2025)

☐  52.222-40  [CGT32] Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

☐  52.222-54[CGT33]     Employment Eligibility Verification (Nov 2025)

☐  52.222-62[CGT34]     Paid Sick Leave Under Executive Order 13706 (Jan 2022)

☐  52.223-9[CGT35]       Estimate of Percentage of Recovered Material Content for EPA-Designated Items                            (May 2008)

☐ Alternate I [CGT36] (May 2008) of 52.223-9

☐  52.223-11[CGT37]     Ozone-Depleting Substances and High Global Warming Potential                                                      Hydrofluorocarbons (Nov 2025)

☐  52.223-12[CGT38]     Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air                               Conditioners (Nov 2025)

☒  52.223-23[CGT39]     Sustainable Products and Services

☐  52.224-3[CGT40]       Privacy Training (Jan 2017)

☐ Alternate I[CGT41]  (Jan 2017) of 52.224-3

☒  52.225-1[CGT42]       Buy American-Supplies (Nov 2025)

☐ Alternate I [CGT43] (Oct 2022) of 52.225-1

☐  52.225-3[CGT44]       Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)

☐ Alternate II[CGT45]  (Nov 2025) of 52.225-3.

☐ Alternate III [CGT46] (Nov 2025) of 52.225-3.

☐ Alternate IV[CGT47]  (Oct 2022) of 52.225-3

☐  52.225-5[CGT48]       Trade Agreements (Nov 2023)

☐  52.225-19[CGT49]   Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic                       or Consular Mission outside the United States (May 2020)

☐  52.225-26[CGT50]     Contractors Performing Private Security Functions Outside the United States (Oct                  2016)

☐  52.226-4[CGT51]       Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

☐  52.226-5[CGT52]       Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025)

☐  52.229-12[CGT53]     Tax on Certain Foreign Procurements

☐  52.232-29[CGT54]     Terms for Financing of Purchases of Commercial Products and Commercial Services

                        (Nov 2021)

☐  52.232-30[CGT55]     Installment Payments for Commercial Products and Commercial Services

                        (Nov 2021)

☒  52.232-33[CGT56]     Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

☐  52.232-34[CGT57]     Payment by Electronic Funds Transfer—Other Than System for Award Management                        (Jul 2013)

☐  52.232-36[CGT58]     Payment by Third Party (Nov 2025)

☐  52.240-92[CGT59]     Security Requirements (Nov 2025)

☐ Alternate II[CGT60]  (Nov 2025) of 52.240-92

☐  52.240-93[CGT61]     Basic Safeguarding of Covered Contractor Information Systems (No 2025)

☐  52.247-64[CGT62]     Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)

☐ Alternate I[CGT63]  (Apr 2023) of 52.247-64.

☐ Alternate II[CGT64]  (Nov 2021) of 52.247-64

Other Applicable Clauses

52.245-9[CGT65]             Use and Charges (Apr 2012)

52.247-34[CGT66]           F.O.B. Destination (Jan 1991)

AGAR Clauses

452.204–70     Modification for Contract Closeout (Nov 2025)[CGT67] 

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for deobligation.  The contractor will receive a copy of the modification but will not be required to provide a signature.  The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation.  The contractor will receive a copy of the modification and will be required to provide a signature.  (The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.)  If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation.  The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms.  If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Clause)

452.203-71      Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec                              2025)

(a) By entering into this contract, the Contractor certifies that:

1. It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

1. Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other

detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The Contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

Solicitation Information -

Award Type

It is anticipated that a Firm Fixed Price  will be awarded as a result of this synopsis/solicitation.   

The Government intends to make one award from this solicitation.  Therefore, to be considered responsive, contractors must submit pricing for all items.

Evaluation and Basis for Award

The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services

is not applicable to this solicitation.  In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below.  Award will be made to the offeror representing the best value to the Government.

This is attached.

Delivery Information

F.o.b. destination, is requested as the F.O.B. point for all deliverables. 

All offers will be considered F.O.B. Destination unless F.O.B. origin is specified AND estimated shipping costs are included.

The USDA requires delivery of all items by 05/31/2026.   

Shipping Instructions:

Items shall be shipped to the following address:

USDA, ARS, NPR

950 College Station Rd.

Athens, GA 30605

52.252-1          Solicitation Provisions Incorporated by Reference                        Feb 1998

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.  Upon request, the Contracting Officer will make their full text available.  The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.  In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.  Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-1          Instructions to Offerors - Commercial Products and Commercial Services  (Nov                           2025)

FAR 52.212-1 is amended as follows:

Period for acceptance of offers. 

The Offeror agrees to hold the prices in its offer firm for approximately 90 calendar days from the date specified for receipt of offers.

Questions

Questions shall be submitted via email to contact@example.gov and are due no later than February 27, 2026, at 03:00 PM Central Time.  This will ensure enough time to respond before the solicitation period ends.  Please include the solicitation name and number as the subject line of the email.

52.203-18        Prohibition on Contracting with Entities that Require Certain Internal Confidentiality                     Agreements or Statements-Representation (Jan 2017)

52.240-90        Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

The following provisions are applicable if checked:   

☐  52.203-11[CGT68]     Certification and Disclosure Regarding Payments to Influence Certain Federal                                  Transactions (Sep 2024)

☒  52.204-7[CGT69]       System for Award Management—Registration (Nov 2025)

☐ Alternate I[CGT70]  (Nov 2025) to 52.204-7

☐  52.204-90[CGT71]     Offeror Identification (Nov 2025)

☒  52.207-6[CGT72]       Solicitation of Offers from Small Business Concerns and Small Business Teaming                     Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024)

☐  52.209-12[CGT73]     Certification Regarding Tax Matters (Oct 2025)

☐  52.219-2[CGT74]       Equal Low Bids (Nov 2025)

☐  52.222-18[CGT75]     Certification Regarding Knowledge of Child Labor for Listed End Products (Feb                           2021)

☐  52.222-48[CGT76]     Exemption from Application of the Service Contract Labor Standards for                                     Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025)

☐  52.222-52[CGT77]     Exemption from Application of the Service Contract Labor Standards for Certain                                    Services-Certification (Nov 2025)

☐  52.222-56[CGT78]     Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

☐  52.223-4[CGT79]       Recovered Material Certification (May 2008)

☐  52.225-2[CGT80]       Buy American Certificate (Oct 2022)

☒  52.225-4[CGT81]       Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025)

☐  52.225-6[CGT82]       Trade Agreements-Certificate (Feb 2021)

☐  52.226-3[CGT83]       Disaster or Emergency Area Representation (Nov 2007)

☐  52.229-11[CGT84]     Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025)

Other Applicable FAR Provisions

52.225-18[CGT85]           Place of Manufacture (Aug 2018)

AGAR Provisions

452.203-70      Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec                 2025)

(a) By submission of its offer, the offeror certifies that:

1. It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.
2. Neither it nor any proposed subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution.

(b) If the offeror participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, by submission of its offer, the offeror certifies that it is compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The offeror affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract.  Payments under the contract are predicated on compliance with the above requirements, and therefore the offeror will not be eligible for funding under the contract or to retain any funding under the contract absent compliance with the

above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to offeror’s compliance with the above requirements and/or eligibility for the contract may subject the offeror to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) Failure on the part of the offeror or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate the contract for default.

(End of Provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner.  The Ombudsman Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation.  Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO).  Interested parties are encouraged to resolve concerns through USDA’s internal Alternative Dispute Resolution (ADR) process before pursuing external forums such as the GAO.  Concerns may be addressed informally or through a formal agency protest filed with either the Contracting Officer or the Ombudsman.

Informal Forum with the Ombudsman

1. Initial Point of Contact: Interested parties who believe a specific USDA procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.
2. Escalation: If the Contracting Officer is unable to address their concerns, interested parties are encouraged to contact the USDA Ombudsman for Agency Protests.  Under this informal process, the agency is not required to suspend contract award performance.  Utilization of the informal forum does not suspend any time requirement for filing a formal protest with the agency or other forums.
3. Required Information: To ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman

1. Effort to Resolve: Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions.
2. Independent Review: If the protester’s concerns remain unresolved, an Independent Review is available by the Ombudsman.  The protester may file a formal agency protest with either the Contracting Officer or, alternatively, with the Ombudsman under the OPAP program.  Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined in writing to be in the best interest of the Government.
3. Resolution Timeline: The agency’s goal is to resolve protests within 35 calendar days from the date of filing.
4. Required Information: Protests shall include the information set forth in FAR 33.104(a)(3).  Failure to submit the required information may result in a delay or dismissal of the protest.
5. Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.
6. Submission: Formal protests under the OPAP program should be submitted electronically to contact@example.gov and the Contracting Officer. 

Election of Forum.  By initiating a protest with the USDA, the protester agrees not to pursue the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending.  If a protest is filed externally, the agency protest will be dismissed.

 [CGT1]In solicitations and contracts for construction that is performed in the United States valued at $6,708,000 or more.

 [CGT2]When expecting to award a time-and-materials or labor-hour contract or when expecting that orders will include time-and-material line items.

 [CGT3]In solicitations and contracts for-

(1) Dismantling, demolition, or removal of improvements; and

(2) Construction, when a fixed-price contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold.

 [CGT4]In solicitations and contracts for construction, when the contract amount is not expected to exceed the simplified acquisition threshold.

 [CGT5]When the contract will be performed outside the United States and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of “off-limits” local establishments) that apply to contractor employees at the contract place of performance.

 [CGT6]Insert the clause with its Alternate I in-

(1) Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts; and

(2) Where the program office or the requiring activity instructs the contracting officer to select specific types of FASCSA orders.

 [CGT7]Solicitations and contracts exceeding the simplified acquisition threshold.  For the acquisition of commercial products or commercial services, the contracting officer must use the clause with its Alternate I.

 [CGT8]Solicitations and contracts if the value of the contract is expected to exceed $7.5 million and the performance period is 120 days or more.

 [CGT9]Solicitations and contracts when contract performance require contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

 [CGT10]When offerors are required to be registered in SAM.

 [CGT11]When offerors are not required to be registered in SAM.

 [CGT12]Solicitations and contracts where the contract value exceeds $45,000.

 [CGT13](1) In solicitations where the resultant contract value is expected to exceed $750,000; and

(2) In contracts in which the offeror checked “has” in paragraph (b) of the provision at 52.209-7.

 [CGT14]Each solicitation and contract for the acquisition of products or services (including construction).

 [CGT15]Solicitations for acquisitions conducted using full and open competition.

 [CGT16]Solicitations involving total small business set-asides. 

 [CGT17]When including FPI in the competition in accordance with 19.104-1(d).

 [CGT18]Solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold unless—

(i) A personal services contract is considered (see 37.104); or

(ii) The contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas.

 [CGT19]Solicitations and contracts that offer subcontracting possibilities are expected to exceed $900,000 ($2 million for construction of any public facility), and are required to include the clause at 52.219-8, unless the acquisition is set aside or is to be accomplished under the 8(a) program.

 [CGT20]The contract action will not be reported in the Federal Procurement Data System pursuant to part 4.

 [CGT21]The contracting officer must require the contractor to submit a subcontracting plan for the contract if—

(i) A contract modification causes the value of a contract without a subcontracting plan to exceed the subcontracting plan threshold (see 19.109(a)); and

(ii) The contracting officer determines that subcontracting opportunities exist.

 [CGT22]Solicitations and contracts—

(1) For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108, regardless of dollar value. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in subpart 8.4 and subpart 16.5. For contracts that are set aside, the contracting officer must indicate in paragraph (f) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level;

(2) Using the HUBZone price evaluation preference (see 19.110).  However, if the prospective contractor waived the use of the preference, or is an other than small business, do not insert the clause in the resultant contract.

 [CGT23]In contracts containing the clause at 52.219-9, Small Business Subcontracting Plan, with its Alternate IV.

 [CGT24]Solicitations and contracts, including multiple-award contracts, when orders may be set aside for small business concerns as described in subpart 8.4 and subpart 16.5, when—

(i) the item being acquired has been assigned a manufacturing or supply NAICS code, and—

1. (ii)

(A) Any portion of the requirement is to be—

(1) Set aside for small business and is expected to exceed the simplified acquisition threshold; or

(2) Set aside or awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108, regardless of dollar value; or

(B) Using the HUBZone price evaluation preference (see 19.110).  However, if the prospective contractor waived the use of the price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.

 [CGT25]In solicitations and contracts above the micro-purchase threshold, when the contract will be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands; unless—

(a) The contract will be subject to 41 U.S.C. chapter 65 (see subpart 22.6 and 22.602), which contains a separate prohibition against the employment of convict labor;

(b) The supplies or services are to be purchased from Federal Prison Industries, Inc. (see subpart 8.6); or

(c) The acquisition involves the purchase, from any State prison, of finished supplies that may be secured in the open market or from existing stocks, as distinguished from supplies requiring special fabrication.

 [CGT26]In all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase threshold.

 [CGT27]Solicitations and contracts if the expected value is $150,000 or more, except when—

(i) Work is performed outside the United States by employees recruited outside the United States; or

(ii) The Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, has waived, in accordance with 22.1302-3(a) or the head of the agency has waived, in accordance with 22.1302-3(b), all of the terms of the clause.

 [CGT28]If the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, or the head of the agency waives one or more (but not all) of the terms of the clause, use the basic clause with its Alternate I.

 [CGT29]Solicitations and contracts that exceed or are expected to exceed $15,000, except when—

(i) Both the performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island; or

(ii) The Director of OFCCP or agency head has waived, in accordance with 22.1401-3(a) or (b) all the terms of the clause.

 [CGT30]If the Director of OFCCP or agency head waives one or more (but not all) of the terms of the clause in accordance with 22.1401-3(a) or (b), use the basic clause with its Alternate I.

 [CGT31]Solicitations and contracts containing the clause at 52.222-35, Equal Opportunity for Veterans.

 [CGT32]All solicitations and contracts, including acquisitions for commercial products, commercial services, and commercially available off-the-shelf items, except acquisitions—

(1) Under the simplified acquisition threshold.  For indefinite-quantity contracts, include the clause only if the value of orders in any calendar year of the contract is expected to exceed the simplified acquisition threshold;

(2) For work performed exclusively outside the United States; or

(3) Covered (in their entirety) by an exemption granted by the Secretary.

 [CGT33]All solicitations and contracts that exceed $150,000, except those that—

(a) Are only for work that will be performed outside the United States;

(b) Are for a period of performance of less than 120 days; or

(c) Are only for—

(1) Commercially available off-the-shelf items;

(2) Items that would be COTS items, but for minor modifications (as defined at paragraph (3)(ii) of definition of “commercial product” at 2.101;

(3) Items that would be COTS items if they were not bulk cargo; or

(4) Commercial services that are—

(i) Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications);

(ii) Performed by the COTS provider; and

(iii) Are normally provided for that COTS item.

 [CGT34]Solicitations and contracts that include the clause at 52.222-6, Construction Wage Rate Requirements, or 52.222-41, Service Contract Labor Standards, where work is to be performed, in whole or in part, in the United States (the 50 States and the District of Columbia).

 [CGT35]Solicitations and contracts exceeding $200,000 that are for, or specify the use of, EPA-designated items containing recovered materials.  If technical personnel advise that estimates can be verified, use the clause with its Alternate I.

 [CGT36]If technical personnel advise that estimates can be verified, use the clause with its Alternate I.

 [CGT37]Solicitations and contracts that may include products that may contain or be manufactured with ozone-depleting substances.

 [CGT38]Solicitations and contracts that include the maintenance, service, repair, or disposal of refrigeration equipment or air conditioners.

 [CGT39]Solicitations and contracts unless a written justification or exception (see 23.103(b) and 23.105, respectively) covers the entire acquisition.

 [CGT40]Solicitations and contracts when, on behalf of the agency, contractor employees will—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or

(3) Design, develop, maintain, or operate a system of records.

 [CGT41]When an agency specifies that only its agency-provided training is acceptable, use the clause with its Alternate I.

 [CGT42]Solicitations and contracts with a value exceeding the micro-purchase threshold but not exceeding $50,000; and in solicitations and contracts with a value exceeding $50,000, if none of the clauses prescribed in paragraphs (b) and (c) of this section apply, except if—

(A) The solicitation is restricted to domestic end products in accordance with 6.103;

(B) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies (e.g., public interest, or information technology that is a commercial product), other than individual nonavailability waiver determinations (see 25.103(b)(2)); or

(C) The acquisition is for supplies for use outside the United States.

 [CGT43]The contracting officer must use the clause with its Alternate I to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.101(d).

 [CGT44]In solicitations and contracts if—

(A) The acquisition is for supplies, or for services involving the furnishing of supplies, for use within the United States, and the acquisition value is $50,000 or more, but is less than $174,000;

(B) The acquisition is not for information technology that is a commercial product, using fiscal year 2004 or subsequent fiscal year funds; and

(C) No exception in 25.401 applies.  For acquisitions of agencies not subject to the Israeli Trade Act (see 25.406), see agency regulations.

 [CGT45]If the acquisition value is $50,000 or more but is less than $100,000, use the clause with its Alternate II.

 [CGT46]If the acquisition value is $100,000 or more but is less than $102,280, use the clause with its Alternate III.

 [CGT47]Use the clause with its Alternate IV to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.102(d).

 [CGT48]n solicitations and contracts valued at $174,000 or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end products.

 [CGT49]Solicitations and contracts, other than personal service contracts with individuals, that will require contractor personnel to perform outside the United States—

(a) In a designated operational area during—

(1) Contingency operations;

(2) Humanitarian or peacekeeping operations; or

(3) Other military operations or military exercises, when designated by the combatant commander; or

(b) When supporting a diplomatic or consular mission—

(1) That has been designated by the Department of State as a danger pay post, see https://aoprals.state.gov/; or

(2) That the contracting officer determines is a post at which application of the clause FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States, is appropriate.

 [CGT50]Solicitations and contracts for performance outside the United States in an area of—

(1) Combat operations, as designated by the Secretary of Defense; or

(2) Other significant military operations, as designated by the Secretary of Defense and only upon agreement of the Secretary of Defense and the Secretary of State.

 [CGT51]In solicitations and contracts involving local area set-asides.

 [CGT52]Solicitations and contracts involving local area set-asides.

 [CGT53]Solicitations that contain the provision at 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation; and

(2) Resulting contracts for which the contractor indicated it was a foreign person in solicitation provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation.

 [CGT54]When the contract will provide for contract financing. 

 [CGT55]In solicitations and contracts in lieu of constructing a specific clause in accordance with paragraphs (b) through (e) of this section, if the contract action qualifies under the criteria at 32.202-1(b) and installment payments for the item are either customary or are authorized in accordance with agency procedures.

 [CGT56]Solicitations and contracts that include the provision at 52.204-7, System for Award Management, or an agency clause that requires a contractor to be registered in SAM and maintain registration until final payment, unless—

(i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or

(ii) An exception listed in 32.1103(a) through (i) applies.

 [CGT57]If the head of the agency has authorized, in accordance with 32.1106, to use a nondomestic EFT mechanism, insert in solicitations and contracts a clause substantially the same as 52.232-33 or 52.232-34 that clearly addresses the nondomestic EFT mechanism.

 [CGT58]If payment under a written contract will be made by a charge to a Government account with a third party such as a Governmentwide commercial purchase card, insert the clause at 52.232-36, Payment by Third Party, in solicitations and contracts.

 [CGT59]Solicitations and contracts when the contract may require access to classified information.

 [CGT60]If a construction or architect-engineer contract where employee identification is required for security reasons is being considered, use the clause with its Alternate II.

 [CGT61]Solicitations and contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or moving through its information system.

 [CGT62]Solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of 1954. 

 [CGT63]If a statute or agency procedures require transportation of the supplies furnished under the contracts exclusively in privately owned U.S.-flag commercial vessels (see 47.502(b) and 47.503(b)), use the clause with its Alternate I.

 [CGT64]Except for contracts or agreements for ocean transportation services or construction contracts, use the clause with its Alternate II if any of the supplies to be transported are commercial products that are shipped in direct support of U.S. military—

(i) Contingency operations;

(ii) Exercises; or

(iii) Forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations.

 [CGT65]In solicitations and contracts when the clause at 52.245-1 is included.

 [CGT66]When the delivery term is f.o.b. destination.

 [CGT67]In all solicitations and contracts that use simplified acquisition procedures.

 [CGT68]Solicitations expected to exceed $200,000.

 [CGT69]When offerors are required to be registered in SAM.

 [CGT70]Use the provision with its Alternate I for acquisitions described at 4.203-1(b)(4); 

 [CGT71]When offerors are not required to be registered in SAM.

 [CGT72]Solicitations for multiple-award contracts above the substantial bundling threshold of the agency.

 [CGT73]For agencies receiving funds subject to section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and similar provisions in subsequent appropriations acts, insert the provision at 52.209-12, Certification Regarding Tax Matters, in solicitations where the resultant contract value (including options) might exceed $5.5 million.

 [CGT74]Solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, service-disabled veteran-owned small business concerns under 19.106-2 and 19.106-3.

 [CGT75]All solicitations that are expected to exceed the micro-purchase threshold and are for the acquisition of end products (regardless of country of origin) of a type identified by country of origin on the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor.

 [CGT76]In solicitations that—

(i) Include the clause at 52.222-41, Service Contract Labor Standards; and

(ii) The contract may be exempt from the Service Contract Labor Standards statute in accordance with 22.1002-1(e).

 [CGT77]In solicitations that—

(A) Include the clause at 52.222-41, Service Contract Labor Standards, and

(B) The contract may be exempt from the Service Contract Labor Standards statute in accordance with 22.1002-1(f).

 [CGT78]In solicitations if—

(1) It is possible that at least $550,000 of the value of the contract may be performed outside the United States; and

(2) The acquisition is not entirely for commercially available off-the-shelf items.

 [CGT79]Solicitations that require the delivery or specify the use of EPA-designated items.

 [CGT80]Solicitations containing the clause at 52.225-1.

 [CGT81]Solicitations containing the clause at 52.225-3.

 [CGT82]Solicitations containing the clause at 52.225-5.

 [CGT83]In solicitations involving local area set-asides.

 [CGT84]In solicitations, including solicitations using part 12 procedures for acquiring commercial products and commercial services, except for—

(1) Acquisitions using simplified acquisition procedures that do not exceed the simplified acquisition threshold;

(2) Emergency acquisitions using the emergency acquisition flexibilities defined in part 18;

(3) Acquisitions using the unusual and compelling urgency authority in part 6;

(4) Contracts with a single individual for personal services that will not exceed the simplified acquisition threshold on an annual calendar year basis for all years of the contract; and

(5) Acquisitions the requiring activity identifies as requirements for certain foreign humanitarian assistance contracts that are payments made by U.S. Government agencies under a contract with a foreign contracting party to obtain goods or services described in or authorized under 7 U.S.C. 1691, et seq., 22 U.S.C. 2151, et seq., 22 U.S.C 2601 et seq., 22 U.S.C. 5801 et seq., 22 U.S.C. 5401 et seq., 10 U.S.C. 402, 10 U.S.C. 404, 10 U.S.C. 407, 10 U.S.C. 2557, and 10 U.S.C. 2561.

 [CGT85]In solicitations that are predominantly for the acquisition of manufactured end products, (i.e., the estimated value of the manufactured end products exceeds the estimated value of other items to be acquired as a result of the solicitation).