SOLICITATION NOTICE
H -- Statement of Conditions and Life Safety Assessments
- Notice Date
- 5/24/2021 1:03:04 PM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541350
— Building Inspection Services
- Contracting Office
- NETWORK CONTRACT OFFICE 23 (36C263) Saint Paul MN 55101 USA
- ZIP Code
- 55101
- Solicitation Number
- 36C26321Q0556
- Response Due
- 5/28/2021 8:00:00 AM
- Archive Date
- 07/27/2021
- Point of Contact
- Angela Stewart, Contract Specialist, Phone: 605-336-3230 x7804
- E-Mail Address
-
angela.stewart438@va.gov
(angela.stewart438@va.gov)
- Small Business Set-Aside
- SDVOSBC Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)
- Awardee
- null
- Description
- CONTINUATION PAGE 2 5. PROJECT NUMBER (if applicable) CODE 7. ADMINISTERED BY 2. AMENDMENT/MODIFICATION NUMBER CODE 6. ISSUED BY 8. NAME AND ADDRESS OF CONTRACTOR 4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE 9A. AMENDMENT OF SOLICITATION NUMBER 9B. DATED PAGE OF PAGES 10A. MODIFICATION OF CONTRACT/ORDER NUMBER 10B. DATED BPA NO. 1. CONTRACT ID CODE FACILITY CODE CODE Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers E. IMPORTANT: is extended, (a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended. 12. ACCOUNTING AND APPROPRIATION DATA (REV. 11/2016) is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. 15C. DATE SIGNED B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER Contractor 16C. DATE SIGNED 14. DESCRIPTION OF AMENDMENT/MODIFICATION 16B. UNITED STATES OF AMERICA Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER 15B. CONTRACTOR/OFFEROR STANDARD FORM 30 PREVIOUS EDITION NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) (Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.) (If required) (SEE ITEM 11) (SEE ITEM 13) (X) CHECK ONE 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT (Signature of person authorized to sign) (Signature of Contracting Officer) 1 14 0001 05-24-2021 438-21-2-1115-0567 636-21-4-8862-0067 Department of Veterans Affairs NETWORK 23 CONTRACTING OFFICE 2501 W. 22nd St. Sioux Falls SD 57105 Department of Veterans Affairs NETWORK 23 CONTRACTING OFFICE 2501 W. 22nd St. Sioux Falls SD 57105 To all Offerors/Bidders 36C26321Q0556 05-19-2021 X X x 1 10:00am Central Time on May 28-2021 See CONTINUATION Page 438-3610162-1115-850300-2660-0100501X3; 438-21-2-1115-0567 636-3610162-8862-850300-2580-0400401X1; 636-21-4-8862-0067 Solicitation 36C26321Q0556 for Statement of Conditions and Life Safety Assessment services at the Sioux Falls VA Health Care System and Iowa City VA Health Care System is hereby amended to provide questions, answers, and clarification as detailed below. Offerors are required to acknowledge this amendment by signing and returning one copy with their quote. The solicitation closing date and time has been changed to 10:00 am Central Time on May 28, 2021. John Becker Contracting Officer VA-VHA-2020-BEE57D1B 36C26321Q0556 Page 1 of Page 7 of 106 Page 1 of Solicitation 36C26321Q0556 Amendment A00001 Questions, Answers, and Clarification Section B.2 Price/Cost Schedule shall be modified as indicated herein. The NAICS code for Solicitation 36C26321Q0556 is 541350 and will not be changed. Potential offerors may coordinate with other entities so long as the Limitations on Subcontracting requirements are met. Potential offerors may indicate they are Interested Vendors on beta.sam.gov Contract Opportunities to allow interested entities to coordinate with each other. Interested entities would coordinate with each other without Government assistance or involvement. Procurement history can be researched at fpds.gov. Clause C.10 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jan 2021) (Jul 2020) (Deviation) is hereby replaced with 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -Commercial Items (included herein) B.2 PRICE/COST SCHEDULE ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 455,885.00 SF __________________ __________________ Statement of Conditions and Life Safety Assessment in accordance with the Statement of Work for the Sioux Falls VA Health Care System in Sioux Falls, South Dakota. Cost shall be per square foot. Contract Period: Base POP Begin: 06-15-2021 POP End: 06-14-2022 0002 3,072.00 SF __________________ __________________ Statement of Conditions and Life Safety Assessment in accordance with the Statement of Work for the Sioux Falls VA Health Care System at the Community Bases Outpatient Clinic in Wagner, South Dakota. Cost shall be per square foot. Contract Period: Base POP Begin: 06-15-2021 POP End: 06-14-2022 0003 568,972.00 SF __________________ __________________ Statement of Conditions and Life Safety Assessment in accordance with the Statement of Work for the Iowa City VA Health Care System at the Iowa City VA Health Care System. Cost shall be per square foot. Contract Period: Base POP Begin: 06-15-2021 POP End: 06-14-2022 1001 0.00 SF 0.00 0.00 Reassessment or new location Statement of Conditions and Life Safety Assessment, as requested by the Sioux Falls VA Health Care System, in accordance with the Statement of Work for the Sioux Falls VA Health Care System in Sioux Falls, South Dakota. Cost shall be per square foot. The Government does not guarantee a new assessment or reassessment services will be required. If a new location requires assessment or a reassessment is requested by the Government through a bi-lateral modification, the price per square foot shall be: 1.00 SF __________________ __________________ Contract Period: Option 1 POP Begin: 06-15-2022 POP End: 06-14-2023 1002 0.00 SF 0.00 0.00 Reassessment or new location Statement of Conditions and Life Safety Assessment, as requested by the SFVAHCS, in accordance with the Statement of Work for the Sioux Falls VA Health Care System at the Community Bases Outpatient Clinic in Wagner, South Dakota. Cost shall be per square foot. The Government does not guarantee a new assessment or reassessment services will be required. If a new location requires assessment or a reassessment is requested by the Government through a bi-lateral modification, the price per square foot shall be: 1.00 SF __________________ __________________ Contract Period: Option 1 POP Begin: 06-15-2022 POP End: 06-14-2023 1003 0.00 SF 0.00 0.00 Reassessment or new location Statement of Conditions and Life Safety Assessment, as requested by the ICVAHCS, in accordance with the Statement of Work for the Iowa City VA Health Care System at the Iowa City VA Health Care System. Cost shall be per square foot. The Government does not guarantee a new assessment or reassessment services will be required. If a new location requires assessment or a reassessment is requested by the Government through a bi-lateral modification, the price per square foot shall be: 1.00 SF __________________ __________________ Contract Period: Option 1 POP Begin: 06-15-2022 POP End: 06-14-2023 2001 0.00 SF 0.00 0.00 Reassessment or new location Statement of Conditions and Life Safety Assessment, as requested by the Sioux Falls VA Health Care System, in accordance with the Statement of Work for the Sioux Falls VA Health Care System in Sioux Falls, South Dakota. Cost shall be per square foot. The Government does not guarantee a new assessment or reassessment services will be required. If a new location requires assessment or a reassessment is requested by the Government through a bi-lateral modification, the price per square foot shall be: 1.00 SF __________________ __________________ Contract Period: Option 2 POP Begin: 06-15-2023 POP End: 06-14-2024 2002 0.00 SF 0.00 0.00 Reassessment or new location Statement of Conditions and Life Safety Assessment, as requested by the SFVAHCS, in accordance with the Statement of Work for the Sioux Falls VA Health Care System at the Community Bases Outpatient Clinic in Wagner, South Dakota. Cost shall be per square foot. The Government does not guarantee a new assessment or reassessment services will be required. If a new location requires assessment or a reassessment is requested by the Government through a bi-lateral modification, the price per square foot shall be: 1.00 SF __________________ __________________ Contract Period: Option 2 POP Begin: 06-15-2023 POP End: 06-14-2024 2003 0.00 SF 0.00 0.00 Reassessment or new location Statement of Conditions and Life Safety Assessment, as requested by the ICVAHCS, in accordance with the Statement of Work for the Iowa City VA Health Care System at the Iowa City VA Health Care System. Cost shall be per square foot. The Government does not guarantee a new assessment or reassessment services will be required. If a new location requires assessment or a reassessment is requested by the Government through a bi-lateral modification, the price per square foot shall be: 1.00 SF __________________ __________________ Contract Period: Option 2 POP Begin: 06-15-2023 POP End: 06-14-2024 3001 386,323.00 SF __________________ __________________ Statement of Conditions and Life Safety Assessment in accordance with the Statement of Work for buildings 1, 5 and 51 of the Sioux Falls VA Health Care System in Sioux Falls, South Dakota. Cost shall be per square foot. Contract Period: Option 3 POP Begin: 06-15-2024 POP End: 06-14-2025 3002 3,072.00 SF __________________ __________________ Statement of Conditions and Life Safety Assessment in accordance with the Statement of Work for the Sioux Falls VA Health Care System at the Community Bases Outpatient Clinic in Wagner, South Dakota. Cost shall be per square foot. Contract Period: Option 3 POP Begin: 06-15-2024 POP End: 06-14-2025 3003 568,972.00 SF __________________ __________________ Statement of Conditions and Life Safety Assessment in accordance with the Statement of Work for the Iowa City VA Health Care System at the Iowa City VA Health Care System. Cost shall be per square foot. Contract Period: Option 3 POP Begin: 06-15-2024 POP End: 06-14-2025 4001 0.00 SF 0.00 0.00 Reassessment or new location Statement of Conditions and Life Safety Assessment, as requested by the Sioux Falls VA Health Care System, in accordance with the Statement of Work for the Sioux Falls VA Health Care System in Sioux Falls, South Dakota. Cost shall be per square foot. The Government does not guarantee a new assessment or reassessment services will be required. If a new location requires assessment or a reassessment is requested by the Government through a bi-lateral modification, the price per square foot shall be: 1.00 SF __________________ __________________ Contract Period: Option 4 POP Begin: 06-15-2025 POP End: 06-14-2026 4002 0.00 SF 0.00 0.00 Reassessment or new location Statement of Conditions and Life Safety Assessment, as requested by the SFVAHCS, in accordance with the Statement of Work for the Sioux Falls VA Health Care System at the Community Bases Outpatient Clinic in Wagner, South Dakota. Cost shall be per square foot. The Government does not guarantee a new assessment or reassessment services will be required. If a new location requires assessment or a reassessment is requested by the Government through a bi-lateral modification, the price per square foot shall be: 1.00 SF __________________ __________________ Contract Period: Option 4 POP Begin: 06-15-2025 POP End: 06-14-2026 4003 0.00 SF 0.00 0.00 Reassessment or new location Statement of Conditions and Life Safety Assessment, as requested by the ICVAHCS, in accordance with the Statement of Work for the Iowa City VA Health Care System at the Iowa City VA Health Care System. Cost shall be per square foot. The Government does not guarantee a new assessment or reassessment services will be required. If a new location requires assessment or a reassessment is requested by the Government through a bi-lateral modification, the price per square foot shall be: 1.00 SF __________________ __________________ Contract Period: Option 4 POP Begin: 06-15-2025 POP End: 06-14-2026 GRAND TOTAL __________________ Total for Base Year: _______________________ Total for Option Year 1: 0.00 Total for Option Year 2: 0.00 36C26321Q0556 Page 1 of Page 7 of 106 Page 1 of Total for Option Year 3: ____________________ Total for Option Year 4: 0.00 C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (JAN 2021) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115 91). (3) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203 6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (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.) [X] (4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109 282) (31 U.S.C. 6101 note). [] (5) [Reserved] [X] (6) 52.204 14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [] (7) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [X] (8) 52.209 6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). [X] (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 (MAR 2020) (15 U.S.C. 657a). [] (ii) Alternate I (MAR 2020) of 52.219-3. [] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (MAR 2020) of 52.219-4. [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) of 52.219-6. [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) of 52.219-7. [X] (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 (JUN 2020) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (NOV 2016) of 52.219-9. [] (iii) Alternate II (NOV 2016) of 52.219-9. [] (iv) Alternate III (JUN 2020) of 52.219 9. [] (v) Alternate IV (JUN 2020) of 52.219 9. [] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). [] (ii) Alternate I (MAR 2020) of 52.219-13. [] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f). [X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)). [] (ii) Alternate I (MAR 2020) of 52.219-28. [] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)). [] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). [] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (28) 52.222 19, Child Labor Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126). [X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (30)(i) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (ii) Alternate I (FEB 1999) of 52.222-26. [X] (31)(i) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). [] (ii) Alternate I (JULY 2014) of 52.222-35. [] (32)(i) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). [] (ii) Alternate I (JULY 2014) of 52.222-36. [X] (33) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). [X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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). [X] (36) 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.) [] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). [] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). [] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). [] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (44) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). [] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). [X] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3. [] (48) 52.225-1, Buy American Supplies (JAN 2021) (41 U.S.C. chapter 83). [] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3. [] (iii) Alternate II (JAN 2021) of 52.225-3. [] (iv) Alternate III (JAN 2021) of 52.225-3. [] (50) 52.225 5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (52) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (55) 52.229 12, Tax on Certain Foreign Procurements (JUN 2020). [] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [X] (58) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct 2018) (31 U.S.C. 3332). [] (59) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). [] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). [] (63)(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: [X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). [X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). For Illustration Purposes Only 30062 Drafter/CAD Operator II $21.58+fringe; GS-5 30084 Engineering Tech II $24.73+fringe; GS-7 [X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67). [X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). [X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). [] (9) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made 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 (JUN 2020) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115 91). (iv) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232). (v) 52.219 8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219 8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vii) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). (viii) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ix) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (x) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 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). (xv) 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). (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 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). (xxi) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 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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