SOLICITATION NOTICE
68 -- Zirconium Hydride
- Notice Date
- 4/8/2025 12:34:19 PM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 331492
— Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except Copper and Aluminum)
- Contracting Office
- W6QK ACC-RI ROCK ISLAND IL 61299-0000 USA
- ZIP Code
- 61299-0000
- Solicitation Number
- W519TC-25-Q-ZHYD
- Response Due
- 5/1/2025 10:30:00 AM
- Archive Date
- 05/16/2025
- Point of Contact
- Samantha Ward, Bryce Willett
- E-Mail Address
-
samantha.m.ward12.civ@army.mil, bryce.t.willett.civ@army.mil
(samantha.m.ward12.civ@army.mil, bryce.t.willett.civ@army.mil)
- Description
- This is a combined synopsis/solicitation for commercial products 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. This is a Request for Quote (RFQ) using FAR Part 12, Acquisition of Commercial Items; the Solicitation Number is W519TC-25-Q-ZHYD. The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03. The NAICS code for this procurement is 331492; the small business size standard is 850 employees. The Product Service Code is 6810 Offerors must be registered within the System for Award Management (SAM) databased at time of response to this solicitation. The website for SAM is https://www.sam.gov/. Addendum to 52.212-1 DESCRIPTION OF REQUIREMENT CLIN 0001: Zirconium Hydride First Article Testing; Quantity 10 pounds. In accordance with MILSPECS MIL-Z-21353 ZrH2, as found in Attachment 0002 � MIL-Z-21353 ZrH2 and Attachment 0003 - Technical Specifications and Packaging Requirements CLIN 0002: Zirconium Hydride; Quantity 2216 pounds In accordance with MILSPECS MIL-Z-21353 ZrH2, as found in Attachment 0002 � MIL-Z-21353 ZrH2 and Attachment 0003 - Technical Specifications and Packaging Requirements TYPE OF ACQUISITION AND CONTRACT This acquisition is issued as full and open. Award will be made using Low Price, resulting in a single award Firm Fixed Price Contract. DELIVERY AND LOCATION CLIN Description Delivery Date 0001 First Article Test(FAT) � Zirconium Hydride 3 weeks ARO 0002 Zirconium Hydride 2 weeks AFATA Delivery will be FOB Destination to Crane Army Ammunition Activity, Building B3608 300 Highway 361, Crane, IN 47522-5001, in accordance with the following: Crane Army Ammunition Activity Delivery Instructions: CAAA receiving hours are 0700 � 1430, Mon - Thurs BY APPOINTMENT ONLY; Includes Inert & Freight All Kind (FAK). Appointments shall be made via Carrier Appointment System (CAS). Carriers without access to the CAS System, call (812)854-2199 or (812)854-2339, 48 hours prior to delivery for appointment. Failure to follow the protocol stated herein and/or obtain a scheduled delivery time prior to delivery, may result in the truck being turned away. PACKAGING AND MARKING REQUIREMENTS Refer to Attachment 0003 for packaging requirements. QUOTE/PROPOSAL SUBMISSION REQUIREMENTS Offerors shall submit the following in response to this solicitation: Price � Offerors must submit Completed Pricing Sheet at Attachment 0001. All yellow-highlighted sections shall be completed. Prices shall be stated to 2 decimal places. Completed Clause at Attachment 0004 � FAR 52.204-24, paragraph (d)(1) and (d)(2) Completed Provisions at Attachment 0005 � FAR 52.212-3 Alt 1, paragraph (b) only. Completed Clause at Attachment 0006 � FAR 52.233-3 Hazardous Material Identification and Material Safety Data BASIS FOR AWARD Award will be made to the offeror who provides the lowest Total Price, who is deemed responsible, and whose quote conforms to the solicitation requirements. Total Evaluated Price will be calculated by multiplying the proposed unit price by the quantity. In accordance with FAR 52.212-1(g), the Government intends to award a contract against this solicitation without discussions. LISTING OF ATTACHMENTS Attachment 0001 - Price Sheet Attachment 0002 - MIL-Z-21353 ZrH2 Attachment 0003 - Technical Specifications and Packaging Requirements Attachment 0004 - FAR 52.204-24 Attachment 0005 - FAR 52.212-3 Alt 1 Attachment 0006 - Hazardous Material Identification and Material Safety Data DEADLINE FOR SUBMISSION Offers are due on 01 May 2025 no later than 1230pm Central Time. Offers shall be submitted in the following way: Electronically via email to the Contract Specialist, Samantha.m.ward12.civ@army.mil and Contracting Officer, bryce.t.willett.civ@army.mil. Offerors shall include �W519TC-25-Q-ZHYD Response � [Insert Offeror�s Name]� within the Subject line. QUESTIONS Questions shall be submitted in the same manner as Offers, electronically via email to the Contract Specialist and Contracting Officer **Note: Interested offerors must submit any questions concerning this solicitation on or before 29 April 2025 by 1230pm CST, to enable the Buyer to respond. Questions not received within a reasonable time prior to close of the solicitation may not be considered. End of Addendum 52.212-1 SOLICITATION PROVISIONS The following Federal Acquisition Regulations (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) provisions apply and are incorporated by reference (provisions may be obtained via the internet at http://www.acquisition.gov): 52.204-7 - System for Award Management 52.204-16 - Commercial and Government Entity Code Reporting 52.204-17 - Ownership or Control of Offeror 52.204-20 - Predecessor of Offeror 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26 - Covered Telecommunications Equipment or Services--Representation 52.212-1 - Instructions to Offerors�Commercial Products and Commercial Services 52.212-2 - Evaluation�Commercial Products and Commercial Services 52.212-3 - Offeror Representations and Certifications�Commercial Products and Commercial Services (DEVIATION) 52.212-3 - Offeror Representations and Certifications�Commercial Products and Commercial Services--Alternate I 52.252-5 - Authorized Deviations in Provisions 252.203-7005 - Representation Relating to Compensation of Former DoD Officials 252.204-7008 - Compliance with Safeguarding Covered Defense Information Controls 252.204-7016 - Covered Defense Telecommunications Equipment or Services--Representation 252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation 252.204-7019 - Notice of NIST SP 800-171 DoD Assessment Requirements 252.204-7024 - Notice on the use of the Supplier Performance Risk System 252.225-7000 - Buy American--Balance of Payments Program Certificate--Basic 252.225-7055 - Representation Regarding Business Operations with the Maduro Regime 252.225-7966 - 252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations�Representation (Deviation 2024-O0006, Revision 1) 252.226-7002 - Representation for Demonstration Project for Contractors Employing Persons with Disabilities 252.270-7000 - Pilot Program to Incentivize Contracting with Employee-Owned Businesses�Representation 252.270-7001 - Pilot Program to Incentivize Contracting with Employee-Owned Businesses�Subcontracting Certification CLAUSES The following Federal Acquisition Regulations (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply and are incorporated by reference (clauses may be obtained via the internet at http://www.acquisition.gov): 52.203-6 - Restrictions on Subcontractor Sales to the Government--Alternate I 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 - System for Award Management Maintenance 52.204-18 - Commercial and Government Entity Code Maintenance 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems 52.212-4 - Contract Terms and Conditions�Commercial Products and Commercial Services 52.216-21 - Requirements 52.222-1 - Notice to the Government of Labor Disputes 52.222-20 - Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 52.227-1 - Authorization and Consent 52.232-39 - Unenforceability of Unauthorized Obligations 52.242-17 - Government Delay of Work 252.203-7000 - Requirements Relating to Compensation of Former DoD Officials 252.203-7002 - Requirement to Inform Employees of Whistleblower Rights 252.204-7003 - Control of Government Personnel Work Product 252.204-7012 - Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013, Rev 1) 252.204-7015 - Notice of Authorized Disclosure of Information for Litigation Support 252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.204-7020 - NIST SP 800-171 DoD Assessment Requirements 252.204-7021 - Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement 252.204-7022 - Expediting Contract Closeout 52.209-4 - First Article Approval-Government Testing 252.211-7003 - Item Unique Identification and Valuation 252.211-7008 - Use of Government-Assigned Serial Numbers 252.223-7008 - Prohibition of Hexavalent Chromium 252.225-7001 - Buy American and Balance of Payments Program--Basic 252.225-7012 - Preference for Certain Domestic Commodities 252.225-7048 - Export-Controlled Items 252.225-7056 - Prohibition Regarding Business Operations with the Maduro Regime 252.225-7967 - 252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1) 252.232-7003 - Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 - Wide Area WorkFlow Payment Instructions 252.232-7010 - Levies on Contract Payments 252.244-7000 - Subcontracts for Commercial Products or Commercial Services 252.270-7002 - Pilot Program to Incentivize Contracting with Employee-Owned Businesses Addendum to 52.212-4 FAR 52.232-33 - Payment by Electronic Funds Transfer�System for Award Management FAR 52.247-34 - FOB Destination (NOV 1991) End of Addendum 52.212-4 The following clause is provided in full text: 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders�Commercial Products and Commercial Services (JAN 2025) (CLASS DEVIATION 2023-O0008, Rev 1) (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). __ (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. _X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 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] __ (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 (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)). __ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) 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. 657s). __ (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). __ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (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) ( 15 U.S.C. 637(a)(17)). _X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). _X_ (32) 52.222-19, Child Labor�Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126). __ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. _X_ (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. _X_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). __ (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). _X_ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( 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 (May 2024) ( 42 U.S.C. 7671, et seq.). __ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.). __ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.). __ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.). _X_ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l). __ (47) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3. __ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83). __ (ii) Alternate I (Oct 2022) of 52.225-1. __ (49) (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 (Jan 2025) of 52.225-3. __ (iv) Alternate III (Feb 2024) of 52.225-3. __ (v) Alternate IV (Oct 2022) of 52.225-3. __ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (51) 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). __ (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. Subtitle A, Part V, Subpart G 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). _X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513). __ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). __ (57) 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). __ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). _X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332). __ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a). _X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.). __ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). __ (65) (i) 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). __ (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 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 products and commercial services: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67). __ (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). __ (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) ( 29U.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). __ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). __ (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). __ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)). (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 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 (Jan 2025) ( 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 2016) (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 (Jan 2025) ( 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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.). (xxvii) 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) Amendment 01 This amendment is to update the Technical Specifications and Packaging Requirements (Attachment 0003)
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