SAMDaily.us | PRESOL | 39 | OPEN, INSPECT AND REPORT ANCHOR WINDLASS

SAMDAILY.US - ISSUE OF NOVEMBER 24, 2019 SAM #6569
SOLICITATION NOTICE

39 -- OPEN, INSPECT AND REPORT ANCHOR WINDLASS

Notice Date: 11/22/2019 11:09:54 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 811310 — Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance
Contracting Office: SFLC PROCUREMENT BRANCH 3(00040) BALTIMORE MD 21226 USA
ZIP Code: 21226
Solicitation Number: 70Z08020QZC033
Response Due: 12/2/2019 7:00:00 AM
Archive Date: 12/17/2019
Point of Contact: Yvette R Johnson, Phone: 4107626263
E-Mail Address: Yvette.R.Johnson@uscg.mil
(Yvette.R.Johnson@uscg.mil)
Description: The USCG Surface Forces Logistics Center, , has a requirement to Open, Inspect, Report, and Repair the following IAW the attached Scope of Work: NSN: 3950-66-159-7623 ANCHOR WINDLASS PART NUMBER: K08-ATLVRC4000 MFG: MUIR ENGINEERING PTY LTD QUANTITY: 07 EACH Items as received by the contractor must be complete and of the proper cited part number. Discrepancies shall be reported to the Coast Guard Contract Administrator. Each Item shall be inspected IAW the attached Scope of Work to determine the extent of required overhaul. Substitute parts are not acceptable. It is anticipated that non-competitive sole source purchase order will be awarded as a result of this synopsis/solicitation. It is the government’s belief that only MUIR ENGINEERING PTY and/or their authorized repair facility can obtain required technical and engineering data, and genuine OEM pats. Required to successfully provide these items. Concerns having the expertise and required capabilities to provide these items are invited to submit complete information discussing the same within two (02) calendar days from the day this notice is posted. The information submitted must include a letter from the OEM verifying the offeror is an authorized distributor, and verifying the OEM will supply only genuine OEM parts.This is a combined synopsis/solicitation for a commercial service prepared in accordance with the format outlined in FAR Subpart 12.6, FAC 2020-01 ( NOV 2019), and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotations are being requested and a written solicitation will not be issued. The NAICS code for this solicitation is 811310. This synopsis/solicitation is issued pursuant to FAR 13.106-1(b),and the resultant purchase order will be awarded using simplified acquisition procedures in accordance with FAR 13Quotes may be submitted to Yvette.R.Johnson@uscg.mil and include the following information: I. PRICING:(1) Labor Rate Company will Charge U.S. Government to Repair Items: $ _________ (This rate shall include direct and indirect labor costs associated with the labor rate, overhead, and profit).(2) Inspection Charge per Item: $ __________ (This price shall also be the price the Government will be obligated to pay if any Antenna and Processor/Receiver is determined to be beyond economical repair).(3) Estimated Labor Charge to Repair Each Item: ____ HRS x $ ________ (Labor Rate) = $ ______ (This cost shall only be used by the U.S. Government to estimate final repair costs. The actual charge will be negotiated based on the inspection report.) (4) Preservation, packaging, and marking: $ ___________(This charge shall be the charge the Government shall be obligated to pay for preservation, packaging, and marking as outlined in the attached Statement of Work / Repair Description.)(5) Mandatory Replacement Parts:(Company shall price all mandatory replacement parts required for the standard overhaul as listed in attached Statement or Work / Repair Description.)(6) Contingency Replacement Parts: (Company shall price all contingency replacement parts that may be required outside of the standard as for each unit as listed in the attached Statement of Work / Repair Description.)(7) Replacement cost for new Item (if available): $ ___________ (This price will be used by the government to determine if the unit is beyond economical repair)(8) FOB Origin or FOB Destination: $ ___________(Company shall indicate shipping terms should a Purchase Order result from the quote.)Deliver to:USCG Surface Forces Logistics CenterReceiving Building 882401 Hawkins Point Rd.Baltimore MD, 21226-5000(9) Place of Performance*: ________________________________________________________*NOTE: A Department of Labor Wage Rate Determination shall be incorporated in the resultant Purchase Order.II. DELIVERY SCHEDULEOur requested delivery schedule is as follows:Initial Receiving Report noting discrepancies such as missing, damaged, or incorrect items received by the Repair Facility from the Coast Guard: __05__ calendar days from receipt of items by the companyInspection Report(s) - _30___ calendar days from the date Government-Furnished Material is received at the Contractor’s facility.Coast Guard Review - 14 calendar days after receipt of Inspection ReportsRepair (when authorized) - __45___ calendar days after receipt of Contracting Officer’s authorization to proceed If the required delivery schedule cannot be met, please indicate a proposed schedule below:Initial Receiving Report noting discrepancies such as missing, damaged, or incorrect items received by the Repair Facility from the Coast Guard: __X___ calendar days from receipt of items by the companyInspection Report(s) - ____ calendar days from the date Government-Furnished Material is received at the Contractor’s facility.Coast Guard Review - 14 calendar days after receipt of Inspection ReportsRepair (when authorized) - _____ calendar days after receipt of Contracting Officer’s authorization to proceed III. TEST AND INSPECTION REPORTS shall be submitted IAW attached Scope of Work / Repair Description and include your price to repair each item.IV. EVALUATIONAward shall be made without discussion unless the Contracting Officer determines discussions are necessary. Quotations received in response to this synopsis/solicitation shall be evaluated on a best value basis utilizing the following technical, price and price-related factors:1. Technical Capability. Technical capability shall be evaluated on the company’s ability to meet all requirements of this solicitation, based upon attached Scope of Work and access to required drawings and specifications needed to repair the items. 2. Past Performance. Past performance shall be evaluated based on previous contracts completed during the past three years or currently in process for the same type of services that are being solicited under this requirement. Contracts may include those entered into by the Federal Government, agencies of the state and local governments, and commercial customers. The Company shall include past performance information for any major subcontractor to be utilized during performance and must be relevant to the scope of work they may perform under the Purchase Order resulting from this solicitation. The Company shall supply at least three (3) contracts completed during the past three years or currently in process for the same services that are being solicited under this solicitation. References other than those provided by the Company may be contacted by the Government to obtain additional information that shall be used in the evaluation of the company’s past performance. The Government may waive the submission of past performance information by the company if adequate data already exists on file with this office.3. Delivery Schedule . [Any other factors that may be important to the Government for this solicitation may also be included in this section - i.e. warranty, etc]4. PriceV. CLAUSES AND PROVISIONS The following FAR clauses and provisions apply to this solicitation and are incorporated by reference. FAR 52.212-1, Instructions to Offerors-Commercial Items (Mar 2016); FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2017) with Alternate I. Offerors must include a completed copy of FAR 52.212-3 with their quote, or, if an offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov, only paragraph (b) of this provision must be completed. The following FAR Clauses apply to this solicitation. Interested companies may obtain full text versions of these clauses electronically at www.arnet.gov: FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Nov 2017); FAR 52.212-5, Contract Terms & Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2019). FAR 52.212-5 is attachedAll responsible sources may submit a quotation, which if timely received, shall be considered by the Agency. Companies must have valid DUNS numbers and be registered with Systems for Award Management (SAM) www.sam.gov and shall provide the company Tax Information Number (TIN) with their offer.FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at https://www.acquisition.gov/browse/index/far. I do go through the ARM to the link to the FAR, etc., to ensure I am accessing the latest version of the regulations.Number Title Date52.212-1 INSTRUCTIONS TO OFFERORS OCT 201852.212-2 EVALUATION - COMMERCIAL ITEMS OCT 201452.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS OCT 201852.212-4 CONTRACT TERMS AND CONDITIONS OCT 201852.247-34 F.O.B. DESTINATION NOV 199152.212-5 CONTRACT TERMS AND CONDITONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. As perscribed in 12.301 (b)(4), insert the following clause52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2019) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).(2) 52.204-23, Prohibition on Contracting for Hardware,Software, and Services Developed or Provided by Kaspersky Lab andOther Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications andVideo Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A)of Pub. L. 115-232).(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).___ (5) [Reserved]___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).___ (10) [Reserved]___ (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) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).___ (ii) Alternate I (Nov 2011).___ (iii) Alternate II (Nov 2011).___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 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 2018) (15 U.S.C. 637(d)(2) and (3)).___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).___ (ii) Alternate I (Nov 2016) of 52.219-9.___ (iii) Alternate II (Nov 2016) of 52.219-9.___ (iv) Alternate III (Nov 2016) of 52.219-9.___ (v) Alternate IV (Aug 2018) of 52.219-9.___ (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 (Jan 2017) (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 (Oct 2019) (15 U.S.C. 657f).__(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)).X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2019) (E.O. 13126).X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).___ (ii) Alternate I (Feb 1999) of 52.222-26.___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).___ (ii) Alternate I (July 2014) of 52.222-35.X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).___ (ii) Alternate I (July 2014) of 52.222-36.___ (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).X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)(22 U.S.C. chapter 78 and E.O. 13627).___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).___ (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514___ (ii) Alternate I (Oct 2015) of 52.223-13.___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).___ (ii) Alternate I (Jun 2014) of 52.223-14.___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).___ (ii) Alternate I (Jun 2014) of 52.223-16.X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).___ (ii) Alternate I (Jan 2017) of 52.224-3._X__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).___(47) (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.___ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).___ (ii) Alternate I (Apr 2003) of 52.247-64.___ (iii) Alternate II (Feb 2006) of 52.247-64.(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.]___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)_X__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.)._X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or 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 (Jan 2019) (41 U.S.C. 3509).(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).(iii) 52.204-23, Prohibition on Contracting for Hardware,Software, and Services Developed or Provided by Kaspersky Lab andOther Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunicationsand Video Surveillance Services or Equipment. (AUG 2019) (Section889(a)(1)(A) of Pub. L. 115-232).(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(B) Alternate I (Jan 2017) of 52.224-3.(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.(xxiii)52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at https://www.acquisition.gov/browse/index/far. I do go through the ARM to the link to the FAR, etc., to ensure I am accessing the latest version of the regulations.Number Title Date52.212-1 INSTRUCTIONS TO OFFERORS OCT 201852.212-2 EVALUATION - COMMERCIAL ITEMS OCT 201452.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS OCT 201852.212-4 CONTRACT TERMS AND CONDITIONS OCT 201852.247-34 F.O.B. DESTINATION NOV 199152.212-5 CONTRACT TERMS AND CONDITONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. As perscribed in 12.301 (b)(4), insert the following clause52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2019) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).(2) 52.204-23, Prohibition on Contracting for Hardware,Software, and Services Developed or Provided by Kaspersky Lab andOther Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications andVideo Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A)of Pub. L. 115-232).(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).___ (5) [Reserved]___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).___ (10) [Reserved]___ (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) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).___ (ii) Alternate I (Nov 2011).___ (iii) Alternate II (Nov 2011).___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 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 2018) (15 U.S.C. 637(d)(2) and (3)).___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).___ (ii) Alternate I (Nov 2016) of 52.219-9.___ (iii) Alternate II (Nov 2016) of 52.219-9.___ (iv) Alternate III (Nov 2016) of 52.219-9.___ (v) Alternate IV (Aug 2018) of 52.219-9.___ (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 (Jan 2017) (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 (Oct 2019) (15 U.S.C. 657f).__(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)).X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2019) (E.O. 13126).X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).___ (ii) Alternate I (Feb 1999) of 52.222-26.___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).___ (ii) Alternate I (July 2014) of 52.222-35.X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).___ (ii) Alternate I (July 2014) of 52.222-36.___ (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).X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)(22 U.S.C. chapter 78 and E.O. 13627).___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).___ (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514___ (ii) Alternate I (Oct 2015) of 52.223-13.___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).___ (ii) Alternate I (Jun 2014) of 52.223-14.___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).___ (ii) Alternate I (Jun 2014) of 52.223-16.X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).___ (ii) Alternate I (Jan 2017) of 52.224-3._X__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).___(47) (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.___ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).___ (ii) Alternate I (Apr 2003) of 52.247-64.___ (iii) Alternate II (Feb 2006) of 52.247-64.(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.]___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)_X__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.)._X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or 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 (Jan 2019) (41 U.S.C. 3509).(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).(iii) 52.204-23, Prohibition on Contracting for Hardware,Software, and Services Developed or Provided by Kaspersky Lab andOther Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunicationsand Video Surveillance Services or Equipment. (AUG 2019) (Section889(a)(1)(A) of Pub. L. 115-232).(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(B) Alternate I (Jan 2017) of 52.224-3.(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.(xxiii)52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)
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