SAMDaily.us | PRESOL | S | Boxed Lunches

SAMDAILY.US - ISSUE OF JANUARY 14, 2021 SAM #6986
SOLICITATION NOTICE

S -- Boxed Lunches

Notice Date: 1/12/2021 5:16:14 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 722320 — Caterers
Contracting Office: W7NE USPFO ACTIVITY MAANG 104 WESTFIELD MA 01085-1482 USA
ZIP Code: 01085-1482
Solicitation Number: W50S81-21-R-0002
Response Due: 1/29/2021 11:00:00 AM
Archive Date: 02/13/2021
Point of Contact: Sarah Sinclair, Phone: 4135721549, CMSgt Kyle Kiepke, Phone: 4135721549
E-Mail Address: 104.FW.MSC@us.af.mil, 104.FW.MSC@us.af.mil
(104.FW.MSC@us.af.mil, 104.FW.MSC@us.af.mil)
Small Business Set-Aside: SBA Total Small Business Set-Aside (FAR 19.5)
Description: (i)�� This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. (ii)�� Solicitation number W50S81-21-R-0002, is hereby issued as a Request for Proposal (RFP) for Boxed Lunches. A single award Blanket Purchase Agreement (BPA) will be issued without discussions as a Firm-Fixed Price (FFP) award utilizing FAR Part 13, Simplified Acquisition Procedures. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. This BPA will have a two (2) year ordering period. Maximum order per call is $10,000.00 with a maximum total threshold of $150,000.00. (iii)�� This solicitation document incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2021-02 and the Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice 20201001. It is the contractor's responsibility to become familiar with applicable clauses and provisions by visiting https://www.acquisition.gov/ . (iv)�� This solicitation is a 100% small business set aside and is restricted to small businesses only in accordance with FAR 19.502-2(b). The North American Industry Classification System Code (NAICS) is 722320, Other Support Activities for Air Transportation; Small Business Size Standard is $8.0 million. (v)�� Price list: items, quantities, and units of measure: Description: � Sandwich type with other additional items per PWS� � � � � � � � � � � �Price per Box Meal Ham and Cheese Sandwich�� Tuna Salad Sandwich�� Chicken Salad Sandwich�� Turkey and Cheese Sandwich�� Cold Cut Sandwich�� Roast Beef Sandwich�� BLT Sandwich�� Vegetarian Salad�� Vegetarian Wrap�� Vegan Salad�� Vegan Wrap� reference attched price list provided for ease of filling information in. (vi)�� Description of Requirement: The vendor provide boxed lunches in accordance with the Performance Work Statement (PWS) dated 9 Nov 2020. As well as the Blanket Purchase Terms and Conditions. (vii)�� Acceptance is FOB destination: 104 FW, Barnes ANGB, 175 Falcon Drive, Westfield, MA 01085-1482. � (viii)�� Provision 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. To be considered responsive, vendors MUST �provide the following documentation.� a.�� The two most recent local health department inspections. b.�� A narrative, not to exceed three (3) pages detailing the process and equipment the vendor has in order to maintain and document the required food handling procedures to maintain proper temperatures. Include any special equipment that will help ensure foods maintain temperatures in accordance with the PWS.� c.�� Three (3) past performance references for related supply actions within the last three (3) years to include:� �� (1) Customer Name, e-mail address, and telephone number; and� �� (2) Order or contract, or vendor number(s) and/or time period of order fulfillment; d.�� Quotes must include the following information with their quote: Pricing, Company Name & Address, Point of Contract, Telephone, Email, Cage Code, DUNS Number, and Business Size. Please use the attached PDF titled �Price List� when submitting a quote for this requirement. e.�� Vendors MUST certify provisions 52.204-24, 52.204-26, and 52.212-3 by completing the attached PDF titled, �Certification Provisions� and submitting it with their quotes.� f.�� Vendor Solicitation amendments, if any, need to be acknowledged.� (ix)�� Provision 52.212-2, Evaluation-Commercial Items, applies to this acquisition. See clause below for full text.� (x)�� Vendors must certify provision 52.212-3, Offeror Representations and Certifications-Commercial Items, if applicable, by filling in the appropriate fields in attached PDF titled, �Certification Provisions� (same PDF referenced in viii above) and submitting with your quote. (xi)�� Clause 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.� (xii)�� Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. Clauses and provisions are incorporated by reference and by full text are listed below. FAR and DFARS clauses and provisions can be read in their full text at https://www.acquisition.gov/. The clauses are to remain in full effect in any resultant award. It is the contractor's responsibility to become familiar with the applicable provisions and clauses.� (xiii)�� IAW FAR 52.204-16, prospective awardees shall have an active Cage Code prior to award of a government contract. To register for a Cage Code and to complete Online Representations and Certifications, go to the System for Award Management (SAM) at https://www.sam.gov/SAM/. All vendors interested and capable of obtaining contract award must be registered with the Wide Area Work Flow (WAWF) located at https://piee.eb.mil/piee-landing/ . Vendors are required to create and submit invoices electronically through WAWF and receive payment via electronic funds transfer (EFT) for supplies or services rendered. (xiv)�� Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable to this acquisition. (xv)�� Quotes must be submitted via email no later than (NLT) 2:00 PM EST, 29 JANUARY 2021 to 104.fw.msc@us.af.mil with solicitation number W50S81-21-R-0002 in the subject line. Requests for Information (RFI) concerning this requirement must be submitted in writing to the email list above NLT 2:00 PM EST, 22 JANUARY 2021. (xvi)�� Questions concerning this soliciting should be directed to Sarah Sinclair �at 104.fw.msc@us.af.mil. APPLICABLE PROVISIONS AND CLAUSES: The following clauses and provisions are incorporated by reference and by full text. FAR and DFARS clauses and provisions can be read in their full text at https://www.acquisition.gov/ . �The clauses are to remain in full force in any resultant contract. �It is the contractor�s responsibility to become familiar with the applicable provisions and clauses. PROVISIONS INCORPORATED BY REFERENCE: FAR 52.204-7�� System for Award Management FAR 52.204-16�� Commercial and Government Entity Code Reporting FAR 52.204-22�� Alternative Line Item Proposal FAR 52.204-26�� Covered Telecommunications Equipment or Services-Represenatation DFARS 252.203-7005 �� Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7008�� Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7016�� Covered Defense Telecommunications Equipment or Services--Representation DFARS 252.204-7017�� Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation DFARS 252.213-7000�� Notice to Prospective Suppliers on the Use of Supplier Performance Risk System in Past Performance Evaluations DFARS 252.225-7001�� Buy American�Balance of Payments Program Certificate CLAUSES INCORPORATED BY REFERENCE: FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.212-4 Contract Terms and Conditions � Commerical Items FAR 52.232-1 Payments FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DFARS 252.201-7000 Contracting Officer's Representative DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecom Equipment or Services DFARS 225.222-7999 Combating Race and Sex Stereotyping (Deviation 2021-O0001) DFARS 252.225-7000 Buy American and Balance of Payments Program DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea PROVISIONS INCORPORATED BY FULL TEXT: 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. ***See attached �Certification Provisions� PDF referenced in section viii above for full text.*** 52.204-26 Covered Telecommunications Equipment or Services-Representation. ***See attached �Certification Provisions� PDF referenced in viii above for full text.*** 52.212-2 Evaluation-Commercial Items. (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:� IAW FAR 13.106-2(b)(3), formal evaluation plans and establishing a competitive range, conducting discussions, and scoring quotations or offers are not required. The Contracting Officer shall conduct a comparative evaluation of offers. The Government intends to evaluate responses and award each BPA without discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary Technical, price, past and performance. �Technical and past performance, when combined, are significantly more important than cost or price. TECHINCAL:� (a). The Government will evaluate the Offeror�s two most recent local health department inspections. �The local health department inspections will be reviewed based upon the level rating provided during these inspections. �The highest rating is given to those with the top categorical determination of food inspection rating per local rating system for the previous two years. �The minimal acceptable rating is the first tier below the highest category. �The office reserves the right to conduct an independent health inspection for verification of local health department inspections.� (b). The Government will evaluate the Offeror�s ability to supply, the items as describe in the PWS. �The Government shall also evaluate the Offeror�s proposed approach to providing prepared foods that meet the requirements of PWS and �� Food Serving Temperatures, to include its food handling and transportation procedures and equipment to meet this requirement. �Any narrative that merely promises to perform the PWS requirements or restates the requirements without sufficient specific information of the offeror�s capability or approach to perform the work shall be rejected as not responsive to the solicitation PAST PERFORMANCE:� The Government will evaluate the Offeror's record of past performance in work relevant to the type as called for in the PWS. Offerors are advised that, in addition to the Past Performance information requested in the Submission Requirements above, the Government may obtain Past Performance information from interviews/questionnaires tailored to the circumstances of this acquisition and/or any other sources available to the Government. Sources may include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS and interviews with Government Program Managers and Contracting Officers. PRICE:� The Government will evaluate the pricing proposed by the Offeror for fairness and reasonableness based upon comparative assessment priced food items of comparable quality, menus, and other rates included in the proposal with those received from other offerors and upon the Government's knowledge of and previous experience with these items The Contracting Officer may only award BPA to responsible organizations whose proposals conform to this combined synopsis/solicitation and offer the best overall value to the Government. Any Offeror's proposal that merely offers to perform work according to the terms of the solicitation or fails to present more than a statement indicating its capability to comply with the terms without support and elaboration as specified in the instructions will be rendered non-responsive. (b) Options: N/A. (c)A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer�s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) CLAUSES INCORPORATED BY FULL TEXT: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (AUG 2020) � � �� (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 1)�� 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 2)�� 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). 3)�� 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). 4)�� 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). 5)�� 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 6)�� 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). __ (5) [Reserved]. __ (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 (MAR 2020) (15 U.S.C. 657a). __ (ii) Alternate I (MAR 2020) of 52.219-3. __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (MAR 2020) of 52.219-4. __ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) of 52.219-6 (15 U.S.C. 644). __ (ii) Alternate I (MAR 2020) of 52.219-6. __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). __ (ii) Alternate I (MAR 2020) 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 (JUN 2020) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (NOV 2016) of 52.219-9. __ (iii) Alternate II (NOV 2016) of 52.219-9. __ (iv)Alternate III (JUN 2020) of 52.219-9. __ (v)Alternate IV (JUN 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). __ (ii) Alternate I (MAR 2020) of 52.219-13. X (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f). X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)). __ (ii) Alternate I (MAR 2020) of 52.219-28. __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)). __ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). __ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)). X (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755). __ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126). X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246). __ (ii) Alternate I (FEB 1999) of 52.222-26. __ (31) (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 (32) (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. __ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). X (35) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (36) 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.) __ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA�Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (40) (i) 52.223-13, Acquisition of EPEAT�-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (OCT 2015) of 52.223-13. __ (41) (i) 52.223-14, Acquisition of EPEAT�-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). __ (43) (i) 52.223-16, Acquisition of EPEAT�-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (JUN 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). __ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (46) 52.223-21, Foams (Jun2016) (E.O. 13693). __ (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) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (MAY 2014) of 52.225-3. __ (iii) Alternate II (MAY 2014) of 52.225-3. __ (iv) Alternate III (MAY 2014) of 52.225-3. __ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.�s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). __ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020). __ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332). __ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). __ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). __ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)). __ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (APR 2003) of 52.247-64. __ (iii) Alternate II (FEB 2006) of 52.247-64. � � �� (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. 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). __ (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). X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1)�� The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor�s directly pertinent records involving transactions related to this contract. (2)�� The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3)�� As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)� (1)�� Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- � � �(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). � � �(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). �(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). � � (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). � � (v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. � � � (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). � � � (vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246). � � � (viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). � � � (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). � � � (x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). � (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. � � � (xii) 52.222-41, Service Contract Labor Standards (Aug2018) (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 (Mar2015) 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 (May2014) (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 (MAY2014) (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 (JUN 2020) (42 U.S.C. 1792). Flow downrequired 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) 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 address: https://www.acquisition.gov/ . (End of Clause) 52.252-6 Authorized Deviations in Clauses. (Apr 1984) � � � (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 the clause. � � � (b) The use in this solicitation or contract of any (48 CFR Chapter 2) clause wi...
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