SAMDaily.us | PRESOL | 39 | BLOCK, TACKLE

SAMDAILY.US - ISSUE OF JANUARY 22, 2023 SAM #7726
SOLICITATION NOTICE

39 -- BLOCK, TACKLE

Notice Date: 1/20/2023 11:51:14 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 332312 — Fabricated Structural Metal Manufacturing
Contracting Office: SFLC PROCUREMENT BRANCH 2(00085) ALAMEDA CA 94501 USA
ZIP Code: 94501
Solicitation Number: 70Z08523QAN069B00
Response Due: 2/6/2023 9:00:00 AM
Archive Date: 02/07/2023
Point of Contact: Kathy Lechert
E-Mail Address: kathleen.m.lechert@uscg.mil
(kathleen.m.lechert@uscg.mil)
Small Business Set-Aside: SBA Total Small Business Set-Aside (FAR 19.5)
Description: ��This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in subpart 12.6 of the FAR Part 12 - Acquisition of Commercial Products and Commercial Services | Acquisition.GOV and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. The NAICS Code for this solicitation is 332312. Solicitation number 70Z08523QAN069B00 applies and is used as a Request For Quote (RFQ). THIS PROCUREMENT IS 100% SET ASIDE FOR SMALL BUSINESS.� This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01, effective, 12/30/22. It is anticipated that a Best Value purchase order shall be awarded as a result of this synopsis/solicitation. All responsible sources may submit a quotation, which if timely received, shall be considered by this agency. Best Value will be evaluated by who can provide the complete requirement first, then who meets our required time frame and finally by price. All vendors providing a quotation must either have an active SAM.Gov registration or provide proof they have submitted their entity for registration. Payments are NET 30 and will be made in accordance with the FAR 52.232-25 Prompt payment clause 52.232-25 Prompt Payment. | Acquisition.GOV. The U.S. Coast Guard, Surface Forces Logistics Center (SFLC) intends to award a Firm Fixed Price Purchase Order. The United States Coast Guard Surface Forces Logistics Center has a requirement for the following items: Vendor Information: Entity Name Entity Unique Entity ID Entity Address Entity POC Entity Phone Number POC Email Address ITEM 1) NSN:� 3940 01-701-9036 PART NUMBER:� YMD-13345 DESCRIPTION: BLOCK, TACKLE MANUFACTURER:� APPLETON MARINE INDIVIDUALLY PACKAGED IN ACCORDANCE WITH MILSTD- 2073-1E METHOD 10. THE ITEMS ARE TO BE PACKAGED IN AN ASTM 5118 CARDBOARD BOX, IF NOT NORMALLY PROVIDED IN SINGLE PACKAGING. LABEL WILL LIST: ITEM NAME PART NUMBER NSN QNTY (EXAMPLE 1 EA) CONTRACT ORDER NUMBER OR PR NUMBER. BARCODE STANDARDS: MARKING IAW MIL-STD-129R EXCEPT BAR CODED IAW ISO/IEC-16388-2007, CODE 39 SYMBOLOGY QUANTITY:� 5 EACH UNIT PRICE: ______________ TOTAL PRICE: ______________ * Delivery address and terms stated below. * *All Deliveries are Required by 03/06/2023. ** Total cost shall have delivery and any Freight charges included. ** ** SHIPPING: FOB DESTINATION REQUIRED. ** 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�� Date� 52.212-1�� INSTRUCTIONS TO OFFERORS-COMMERICAL ITEMS�� SEP 2021� 52.212-2�� EVALUATION � COMMERCIAL ITEMS �� OCT 2014� 52.212-3�� OFFEROR REPRESENTATIONS AND�� CERTIFICATIONS � COMMERCIAL ITEMS� �� FEB 2021� 52.212-4�� CONTRACT TERMS AND CONDITIONS�� OCT 2018� COMMERCIAL ITEMS� 52.247-34�� F.O.B. DESTINATION �� NOV 1991� 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.�� (SEP 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).� (4) 52.233-3, Protest After Award (Aug 1996) (31?U.S.C.?3553).� (5) 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:� [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 (June 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].� _ (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).� __ (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 (Sep 2021) of 52.219-4.� __ (13) [Reserved]� (14)�� X (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15?U.S.C.644).� __ (ii) Alternate I (Mar 2020).� __ (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 (Jan 2017) 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�� _X (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15?U.S.C.?644(r)).� �� (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15?U.S.C.637(a)(14)).� __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15?U.S.C.?637(d)(4)(F)(i)).� __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15?U.S.C.?657f).� �X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (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 (Jan 2020) (E.O.13126).� X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).� (28)�� X(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).� __ (ii) Alternate I (Feb 1999) of 52.222-26.� (29)�� __ (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38?U.S.C.?4212).� __ (ii) Alternate I (July 2014) of 52.222-35.� (30)�� _X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29?U.S.C.793).� __ (ii) Alternate I (Jun 2020) 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).� (33)�� X� (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).� __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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 (Jun2016) (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 Televisions (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 (Jun 2020) (E.O. 13513).� __ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).� __ (44) 52.223-21, Foams (Jun?2016) (E.O. 13693).� (45)�� __ (i) 52.224-3 Privacy Training (Jan?2017) (5 U.S.C. 552 a).� __ (ii) Alternate I (Jan 2017) of 52.224-3.� __ (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 (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.� __ (48) 52.225-5, Trade Agreements (Aug 2018) (19?U.S.C.?2501, et seq., 19?U.S.C.?3301 note).� � X (49) 52.225-13, Restrictions on Certain Foreign Purchases (Oct 2016) (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, Non-displacement of Qualified Workers (May 2014)(E.O. 13495).� �� (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41?U.S.C.?chapter 67).� �� (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29?U.S.C.?206 and 41?U.S.C.?chapter 67).� �� (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29?U.S.C.?206 and 41?U.S.C.?chapter 67).� �� (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29?U.S.C.?206 and 41?U.S.C.?chapter?67).� __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41?U.S.C.?chapter?67).� __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41?U.S.C.?chapter?67).� �� (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).� �� (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 (Oct 2015) (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) 52.219-8, 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.� (v) 52.222-17, Nondisplacement of Qualified Workers (May?2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.� (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).� (vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).� (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38?U.S.C.4212).� (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul?2014) (29?U.S.C.793).� (x) 52.222-37, Employment Reports on Veterans (Feb?2016) (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 (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 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 (Dec 2015).� (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 (May 2014) (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)� Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to �paragraphs (a), (b), (c), or (d) of this clause� in the redesignated paragraph (d) to read �paragraphs (a), (b), and (c) of this clause�..� Alternate II (Jan 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:� (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5?U.S.C.?App.), or an authorized representative of either of the foregoing officials shall have access to and right to�� (i) Examine any of the Contractor�s or any subcontractors� records that pertain to, and involve transactions relating to, this contract; and� (ii) Interview any officer or employee regarding such transactions.� (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-� (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and� (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-� (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41?U.S.C.?3509).� (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).� (C) 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).� (D) 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.� (E) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).� (F) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).� (G) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38?U.S.C.?4212).� (H) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29?U.S.C.?793).� (I) 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.� (J) 52.222-41, Service Contract Labor Standards (Aug 2018) (41?U.S.C.chapter?67).� (K) ___(1)? 52.222-50, Combating Trafficking in Persons (Jan 2019) (22?U.S.C.?chapter?78 and E.O 13627).� ___(2) Alternate I (Mar2015) of 52.222-50 (22?U.S.C.?chapter?78?and?E.O?13627).� (L) 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).� (M) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41?U.S.C.?chapter?67).� (N) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).� (O) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).� (P) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).� (Q)(1) 52.224-3, Privacy Training (Jan 2017) (5?U.S.C.?552a).� (2) Alternate I (Jan 2017) of 52.224-3.� (R) 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).� (S) 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.� (T) 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 .� ___52.246-2 - Inspection of Supplies -- Fixed-Price (Aug. 1996)� (a) Definition. �Supplies,� as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.� (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.� (c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.� (d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor�s or subcontractor�s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.� (e)� (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.� (2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.� (f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.� (g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.� (h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either� (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or� (2) terminate the contract for default.� Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.� (i)� (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time --� (i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and� (ii) When the supplies will be ready for Government inspection.� (2) The Government�s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor�s plant, nor more than 7 workdays in other instances.� (j) The Government shall accept or rejectsupplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.� (k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.� (l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor� (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor�s plant at the Contracting Officer�s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or� (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor�s plant and return to the original point when that point is not the Contractor�s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting...
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Place of Performance: Address: 21226, USA; Zip Code: 21226; Country: USA
Record: SN06569499-F 20230122/230120230105 (samdaily.us)
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39 -- BLOCK, TACKLE