SOLICITATION NOTICE
S -- 99 CEF Fire PPE Cleaning
- Notice Date
- 3/11/2024 3:38:08 PM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 812332
— Industrial Launderers
- Contracting Office
- FA4861 99 CONS LGC NELLIS AFB NV 89191-7063 USA
- ZIP Code
- 89191-7063
- Solicitation Number
- F3G3CF4060AW01
- Response Due
- 3/25/2024 1:00:00 PM
- Archive Date
- 04/09/2024
- Point of Contact
- Nathan Doebler, Rachel Tilley
- E-Mail Address
-
nathan.doebler@us.af.mil, rachel.tilley.1@us.af.mil
(nathan.doebler@us.af.mil, rachel.tilley.1@us.af.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 FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. 1.The solicitation number is F3G3CF4060AW01. This solicitation is issued as a Request for Proposal(RFP). A Firm Fixed Price type contract will be awarded. 2.The incorporated provisions and clauses are those in effect through Federal Acquisition Circular2024-03, effective 23 February 2024. 3.This combined synopsis/solicitation is being issued as Small Business set-aside, and the associatedNAICS code is 812332 - Industrial Launderers, Small Business Size Standard $47.0M. 4.Offeror�s shall provide a completed Price List (see �ATTACHMENT 2 � PRICE LIST�). 5.DESCRIPTION OF SERVICES: The Contractor shall perform advanced inspection, complete linerinspection, advanced cleaning, specialized cleaning, repairs, alterations, retrofitting, disposition. Allinspections and services shall be completed within 30 days of delivery from customer, with exception ofspecialty/warranty repairs as well as maintain and track records that will comply with the requirementsoutlined in the PWS. PLEASE SEE �ATTACHMENT 1 � PPE Cleaning PWS� FOR MORE INFORMATION. 6.Period of Performance: 2 April 2024 to 1 April 2029 (2024-2029)Place of Performance: Nellis AFB, NV 7.Offers are due no later than Monday, 25 March 2024 at 10:00am PST. Only offers submittedelectronically via email will be considered for this requirement. Submit offers to SSgt Nathan Doebler atnathan.doebler@us.af.mil. Please include the solicitation number, F3G3CF4060AW01, in the SubjectLine of the email to ensure prompt receipt of your proposal. 8.The following provisions are incorporated by reference.FAR 52.212-1, Instructions to Offerors � CommercialFAR 52.212-4, Contract Terms and Conditions -- Commercial ItemFAR 52.247-34, FOB DestinationDFAR 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 9.The following provisions are incorporated by full-text. 52.212-1, Instructions to Offerors � Commercial, Addendum, applies to this acquisition. (1)FAR 52.212-1, paragraph (b)(8), is changed to read: (8)Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations andCertifications -- Commercial Items, with its offer. (2)FAR 52.212-1, paragraph (c), is changed to read: (c)Period for acceptance of offers. The offeror agrees to hold prices in its offer firm for 90 calendar daysfrom the date specified for receipt of offers. (3)To be considered for this requirement, the offer must complete the Price Sheet. Fully complete thepricing on each CLIN as required. The contractor shall fill out a unit price, the extended price and a totalprice for all CLINs. Please ensure that all prices, extended prices and total prices are checked and verifiedfor accuracy. DO NOT go two (2) digits beyond the decimal point. (4)In accordance with FAR Part 9, Contractor Qualifications, past performance information will be usedto determine whether an offeror has a satisfactory performance record to determine whether the offeror isa responsible contractor eligible for contract award. An offeror determined to have an unsatisfactory performance record will be determined non-responsible, therefore, the offeror will not be eligible for contract award. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance. The Government has a right to retrieve additional past performance information through the Government�s past performance databases, Federal Awardee Performance Integrity Information System (FAPIIS) and Past Performance Information Retrieval System (PPIRS). Any active exclusions will deem the contractor non-responsible, therefore, the offeror will not be eligible for contract award. 52.212-2, Evaluation � Commercial Items (NOV 2021) (a)The Government will award a contract resulting from this solicitation to the responsible offeror whoseoffer conforming to the solicitation will be most advantageous to the Government, price and other factorsconsidered. The following factors shall be used to evaluate offers: Factor 1 � Technical Factor 2 � Price All proposals will be graded Acceptable or Unacceptable by (1) Technical based on an Acceptable or Unacceptable rating; and (2) Price, in order of their price rankings, lowest to highest. Evaluations will cease once an (1) Acceptable technical evaluation and (2) lowest priced selected. Factor 1 � Technical. To be determined technically acceptable the contractor shall provide an offer that clearly meets the requirements of the Solicitation and the Performance Work Statement. Technical Acceptable/Unacceptable Ratings: Rating Description Acceptable �The proposal clearly demonstrates a thorough understanding of the requirements and describes an approach to demonstrating how the tasks will be accomplished in accordance with the outlined services.�The proposal clearly demonstrates their ability to provide the services required in accordance with the PWS?�The proposal clearly addresses the NFPA 1851 regulations as applicable to this requirement? Unacceptable The proposal does not demonstrate an understanding of the requirement. A demonstration of how the tasks will be accomplished is not clearly defined. Factor 2 � Price. The Government shall conduct a price evaluation of offers receiving (1) an Acceptable Past Performance Rating. The Government will utilize an Abstract of Offers by arranging offers from lowest price to highest price. The Government will begin the evaluations with the lowest priced offer. Once a lowest priced, technically acceptable offer is identified, evaluations will cease. The Government will evaluate an offer by total price Proposals will be evaluated based on the total price list for each item listed. The lowest priced offer receiving (1) an Acceptable Technical Rating will be awarded the service contract. If only one offer is received, the Government may use various price analysis techniques and procedures to ensure a fair, reasonable, and realistic price. It is expected that the competitive nature of this acquisition will drive price reasonableness and fairness. Contract may be awarded to the offeror who is deemed responsible in accordance with FAR Part 9.1, whose offer conforms to the solicitation�s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by this RFP) and is judged, based on the evaluation. The Government intends to evaluate proposals and award one (1) contract without discussions with offerors. Therefore, the offeror�s initial proposal shall contain the offeror�s best terms. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. A written notice of award or acceptance of an offer shall result in a binding contract utilizing the offeror�s Acceptable proposal. 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov 52.252-2, Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov FAR 52.212-3, Offeror Representations and Certifications � Commercial Items (Feb 2024) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders � Commercial Items (Feb 2024) As prescribed in 12.301(b)(4), insert the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS�COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024) (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 products and commercial services: (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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553). (7) 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 products and commercial services: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community�see FAR 3.900(a). X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). __ (6) [Reserved]. __ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328). __ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders�Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115�390, title II). __ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders�Prohibition. (DEC 2023) ( Pub. L. 115�390, title II). __ (ii) Alternate I (DEC 2023) of 52.204�30. __ (12) 52.209-6, Protecting the Government�s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note). __ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313). __ (14) [Reserved]. __ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a). __ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a). __ (17) [Reserved] X (18) (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. __ (19) (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. __ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3). __ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 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 (SEP 2023) of 52.219-9. __ (22) (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. __ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s). __ (24) 52.219-16, Liquidated Damages�Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). __ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C. 657f). X (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 15 U.S.C. 632(a)(2)). __ (ii) Alternate I (MAR 2020) of 52.219-28. __ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)). __ (28) 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 (OCT 2022) ( 15 U.S.C. 637(m)). __ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)). __ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)). __ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755). X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024). X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015). X (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246). __ (ii) Alternate I (FEB 1999) of 52.222-26. __ (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212). __ (ii) Alternate I (JUL 2014) of 52.222-35. X (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793). __ (ii) Alternate I (JUL 2014) of 52.222-36. __ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212). X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). X (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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). __ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) __ (41) (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.) __ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (44) (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. __ (45) (i) 52.223-14, Acquisition of EPEAT�-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun2014) of 52.223-14. __ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b). __ (47) (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 (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). __ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (50) 52.223-21, Foams (Jun2016) (E.O. 13693). __ (51) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (JAN 2017) of 52.224-3. __ (52) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83). __ (ii) Alternate I (OCT 2022) of 52.225-1. X (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved]. __ (iii) Alternate II (DEC 2022) of 52.225-3. __ (iv) Alternate III (FEB 2024) of 52.225-3. __ (v) Alternate IV (Oct 2022) of 52.225-3. __ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.�s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (56) 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. Subtitle A, Part V, Subpart G Note). __ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150). __ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150). __ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). __ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). __ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). X (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332). __ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332). __ (64) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332). __ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a). __ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)). __ (67) (i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). __ (ii) Alternate I (APR 2003) of 52.247-64. __ (iii) Alternate II (NOV 2021) of 52.247-64. (c)The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercialservices, 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 products and commercial services: [Contracting Officer check as appropriate.] X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67). 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). 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). X (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67). X (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). X (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 for Contractor Workers Under Executive Order 14026 (JAN 2022). X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 ofthis 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 theComptroller 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 andpractices, 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 products or commercial services. 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 (NOV 2021) ( 41 U.S.C. 3509). (ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712). (iii) 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)). (iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). (v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328). (vii) (A) 52.204�30, Federal Acquisition Supply Chain Security Act Orders�Prohibition. (DEC 2023) ( Pub. L. 115�390, title II). (B) Alternate I (DEC 2023) of 52.204�30. (viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 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. (ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246). (xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212). (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793). (xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212). (xiv) 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. (xv) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67). (xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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). (xvii) 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). (xviii) 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). (xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989). (xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). (xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxiii) 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. Subtitle A, Part V, Subpart G Note). (xxiv) 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. (xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40. (xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) FAR 52.252-6, Authorized Deviations in Clauses (NOV 2020) (a)The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1)clause with an authorized deviation is indicated by the addition of ""(DEVIATION)"" after the date of theclause. (b)The use in this solicitation or contract of any DFARS (48 CFR Chp 2) clause with an authorizeddeviation is indicated by the addition of ""(DEVIATION)"" after the name of the regulation. 252.232-7006, Wide Area Workflow Payment Instructions (Jan 2023) As prescribed in 232.7004 (b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) (a)Definitions. As used in this clause� �Department of Defense Activity Address Code (DoDAAC)� is a six position code that uniquely identifies a unit, activity, or organization. �Document type� means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). �Local processing office (LPO)� is the office responsible for payment certification when payment certification is done external to the entitlement system. �Payment request� and �receiving report� are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports. (b)Electronic invoicing. The WAWF system provides the method to electronically process vendorpayment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports. (c)WAWF access. To access WAWF, the Contractor shall� (1)Have a designated electronic business point of contact in the System for Award Managementat https://www.sam.gov; and (2)Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures forself-registration available at this web site. (d)WAWF training. The Contractor should follow the training instructions of the WAWFWeb-BasedTraining Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the �Web Based Training� link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order: (1) Document type. The Contractor shall submit payment requests using the following document type(s): (i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. (ii) For fixed price line items� 2 in 1 (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. ____________________________________________________________ (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.) (B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. ____________________________________________________________ (Contracting Officer: Insert either �Invoice 2in1� or the applicable invoice and receiving report document type(s) for fixed price line items for services.) (iii) For customary progress payments based on costs incurred, submit a progress payment request. (iv) For performance based payments, submit a performance based payment request. (v) For commercial financing, submit a commercial financing request. (2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. [Note: The Contractor may use a WAWF �co...
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