SAMDaily.us | PRESOL | 34 | Computer Numerically Controlled Turret Punch Press

SAMDAILY.US - ISSUE OF AUGUST 24, 2022 SAM #7572
SOLICITATION NOTICE

34 -- Computer Numerically Controlled Turret Punch Press

Notice Date: 8/22/2022 10:37:27 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 333517 — Machine Tool Manufacturing
Contracting Office: W4MM USA JOINT MUNITIONS CMD ROCK ISLAND IL 61299-5000 USA
ZIP Code: 61299-5000
Solicitation Number: W52P1J-22-Q-PRES
Response Due: 9/12/2022 10:30:00 AM
Archive Date: 09/27/2022
Point of Contact: Andrea Garcia, Cindy K. Wagoner, Phone: 3097820182
E-Mail Address: andrea.garcia63.civ@army.mil, cindy.k.wagoner.civ@army.mil
(andrea.garcia63.civ@army.mil, cindy.k.wagoner.civ@army.mil)
Description: This is a combined synopsis/solicitation�for�commercial products�or�commercial services�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 W52P1J-22-Q-PRES. The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07. The NAICS code for this procurement is 333517; the small business size standard is 500 employees. The Product Service Code is 3445. 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:� Computer Numerically Controlled (CNC) Turret Punch Press Quantity 1 TYPE OF ACQUISITION AND CONTRACT This acquisition is issued as Full and Open. Award will be made using Low Price Technically Acceptable (LPTA) resulting in a single award Firm Fixed Price Contract. DELIVERY AND LOCATION CLIN�� Description�� Suggested Delivery Date 0001�� CNC Turret Punch Press�� 16 Weeks after award Delivery will be FOB Destination to Crane Army Ammunition Activity, Building 148 300 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. QUOTE/PROPOSAL SUBMISSION REQUIREMENTS Offerors shall submit the following in response to this solicitation: Price � Offerors must submit Completed Pricing Sheet at Attachment 02. All yellow-highlighted sections shall be completed. Prices shall be stated to 2 decimal places. Technical Capabilities Information, as follows: Detailed description of the offered item (CNC Turret Punch Press), which adequately describes how they meet all requirements within the Description for Purchase (DFP) Note: Simply stating the offered item meets the requirements is unacceptable. The description must address each of the requirements in sufficient detail to describe how the offered item meets the requirement If Offered Item is an Off-the-Shelf product, with no modifications: offeror may provide product literature describing its specifications, sizing, etc., providing it addresses each of the requirements within the DFP. If product literature does not address all requirements, additional description shall be provided to address each requirement. If Offered Item is an Off-the-Shelf product with modifications; offeror may provide product literature plus a detailed description of the modifications that will bring the product in conformance with all DFP requirements If no standard product literature is available, a basic concept drawing, with description, is required. Completed Clause at Attachment 03 � FAR 52.204-24, paragraph (d)(1) and (d)(2) Completed Provisions at Attachment 04 � FAR 52.212-3 Alt 1, paragraph (b) only. BASIS FOR AWARD Award will be made to the offeror whose offer is determined to be Technically Acceptable, who provides the lowest Total Price, who is deemed responsible, and whose quote conforms to the solicitation requirements. Only those offers determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. Offerors must meet or exceed all requirement specifications from DFP to be determined technically acceptable. � In accordance with FAR 52.212-1(g), the Government intends to award a contract against this solicitation without discussions. Unbalanced Pricing - As part of the evaluation, proposals may be reviewed to identify any significant unbalanced pricing. IAW FAR 15.404-1(g) - Unbalanced Pricing, a proposal may be rejected if the contracting officer determines the lack of balance poses an unacceptable risk to the government. Price Analysis shall be used to determine price reasonableness; additional methods of price analysis may be used as determined by the contracting officer. These methods of evaluation may include information/input from sources such as (but not limited to) other Governmental agencies and personnel. The Government reserves the right to require the submission of any data (i.e. Data other Than Certified Cost or Pricing Data) necessary to validate the reasonableness of an offer. LISTING OF ATTACHMENTS Attachment 01 � Description for Purchase Attachment 02 � Price Sheet Attachment 03- FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Attachment 04 � FAR 52.212-3 Alt 1 Offeror Representation and Certification � Commercial Product and Commercial Services (Nov 2021) DEADLINE FOR SUBMISSION Offers are due on September 12, 2022 no later than 12:30 PM Central Time. Offers shall be submitted in the following way: Electronically via email to the Contract Specialist, andrea.garcia63.civ@army.mil and Contracting Officer, cindy.k.wagoner.civ@army.mil.�� Offerors shall include �W52P1J-22-Q-PRES -� 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 by �close of business September 6,2022, 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): FAR 52.203-11- Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) FAR 52.204-7 � System for Award Management (Oct 2018) FAR 52.204-16 � Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-17 � Ownership or Control of Offeror (Aug 2020) FAR 52.204-20 � Predecessor of Offeror (Aug 2020) FAR 52.204-22 � Alternative Line Item Proposal (Jan 2017) FAR 52.204-24 � Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) See Attachment 03 FAR 52.204-26- Covered Telecommunications Equipment or Services- Representation (Oct 2020) FAR 52.209-2 � Prohibition on Contracting with Inverted Domestic Corporations- Representation (Nov 2015) FAR 52.209-5 � Certification Regarding Responsibility Matters (Aug 2020) FAR 52.209-11 � Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) FAR 52.212-1 - Instructions to Offerors - Commercial Products and Commercial Services FAR 52.212-2 � Evaluation � Commercial Products and Commercial Services FAR 52.212-3 Alt I � Offeror Representations and Certifications � Commercial Products and Commercial Services � Alt I See Attachment 04 FAR 52.222-22 - Previous Contracts and Compliance Reports (Feb 1999) FAR 52.222-25- Affirmative Action Compliance (Apr 1984) FAR 52.223-22 - Public Disclosure of Greenhouse Gas Emissions and Reduction Goals�Representation (Dec 2016) FAR 52.225-25 - Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran�Representation and Certifications (Jun 2020) FAR 52.252-5 - Authorized Deviations in Provisions (Nov 2020) DFARS 252.203-7005 - Representation Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.204-7008 - Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) DFARS 252.204-7016 - Covered Defense Telecommunications Equipment or Services�Representation (Dec 2019) DFARS 252.204-7017- Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services�Representation (May 2021) DFARS 252.204-7019- Notice of NIST SP 800-171 DoD Assessment Requirements (Mar 2022) DFARS 252.213-7000- Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (Sep 2019) The following provisions are provided in full text: DFARS 252.225-7974 Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O00005)(FEB 2020) (a)� Definitions.� As used in this provision-- ""Agency or instrumentality of the government of Venezuela"" means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to ""a foreign state"" deemed to be a reference to ""Venezuela."" �� ""Business operations"" means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. ""Government of Venezuela"" means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.� ""Person"" means-- �� (1)� A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; � (2)� Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and � (3)� Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition.� (b)� Prohibition.� In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (c)� Representation.� By submission of its offer, the Offeror represents that the Offeror-- �� (1)� Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or � (2)� Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (End of provision) 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): FAR 202.1 Definitions (Jun 2020) FAR 52.203-12 - Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) FAR 52.203-17 � Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) FAR 52.204-13 - System for Award Management Maintenance (Oct 2018) FAR 52.204-18 - Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.212-4 - Contract Terms and Conditions � Commercial Products and Commercial Services FAR 52.232-33 - Payment by Electronic Funds Transfer�System for Award Management (Oct 2018) FAR 52.232-40- Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) FAR 52.242-13 � Bankruptcy (Jul 1995) FAR 52.252-6 - Authorized Deviations in Clauses (Nov 2020) �� 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (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 and Other Covered Entities (NOV 2021) (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) 52.233-3, 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 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. 2402). ? (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) 52.204-10, 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). ? (8) 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). ?� (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). ? (10) [Reserved] ? (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a). ? (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ? (13) [Reserved] ? (14)(i)� 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). ? (ii) Alternate I (MAR 2020) of 52.219-6. ? (15)(i)� 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). ? (ii) Alternate I (MAR 2020) of 52.219-7. ? (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 (NOV 2021) (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 2021) of 52.219-9. ? (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). ? (ii) Alternate I (MAR 2020) of 52.219-13. ? (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s). ? (20) 52.219-16, Liquidated Damages�Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). ? (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f). ? (22) (i) 52.219-28, Post-Award Small Business Program Representation (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (15 U.S.C. 657s). ? (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). ? (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126). ? (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). ? (30)(i) 52.222-26, Equal Opportunity (SEPT 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. �� ? (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). ? (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). ? (35)(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). ? (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.) ? (37)(i)� 52.223-9, Estimate of Percentage of Recovered Material Content for EPA�Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ? (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ? (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). ? (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). ? (40) (i) 52.223-13, Acquisition of EPEAT� Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). ?� (ii) Alternate I (OCT 2015) of 52.223-13. ? (41)(i) 52.223-14, Acquisition of EPEAT� Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). ?�� (ii) Alternate I (JUN 2014) of 52.223-14. ? (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). ? (43)(i)� 52.223-16, Acquisition of EPEAT�-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). ? (ii) Alternate I (JUN 2014) of 52.223-16. ? (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). ? (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). ? (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). ? (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). ? (ii) Alternate I (JAN 2017) of 52.224-3. ? (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83). ? (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. ? (ii) Alternate I (JAN 2021) of 52.225-3. ? (iii) Alternate II (JAN 2021) of 52.225-3. ? (iv) Alternate III (JAN 2021) of 52.225-3. ? (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ? (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. 2302 Note). ? (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150 ? (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). ?� (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). ? (56) 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. 2307(f)). ? (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ? (58) 52.232-33, Payment by Electronic Funds Transfer�System for Award Management (OCT 2018) (31 U.S.C. 3332). ? (59) 52.232-34, Payment by Electronic Funds Transfer�Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). ? (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ? (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). ? (62)� 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). ? (63)(i)� 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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. chapter 67). ? (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) (29 U.S.C 206 and 41 U.S.C. chapter 67). ? (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67). ? (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67). ? (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658). ? (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 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) 52.203-19, 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 (NOV 2021) (Section 1634 of Pub. L. 115-91). (iv) 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). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi)� 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). (xiii) ? (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). ? (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989). (xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658). �� (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5�U.S.C.�552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (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) Addendum to 52.212-4 52.247-34 F.O.B. Destination (Nov 1991) End of Addendum 52.212-4 DFARS 252.203-7000- Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252.203-7002 - Requirement to InformEmployees of Whistleblower Rights (Sep 2013) DFARS 252.204-7003 - Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7012 - Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) DFARS 252.204-7015 � Notice of Authorized Disclosure of Information for Litigation Support (May 2016) DFARS 252.204-7018- Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2021) DFARS 252.204-7020 - NIST SP 800-171 DoD Assessment Requirements (Mar 2022) DFARS 252.223-7008 - Prohibition of Hexavalent Chromium (Jun 2013) DFARS 252.225-7012 - Preference for Certain Domestic Commodities (Apr 2022) DFARS 252.225-7048 - Export-Controlled Items (Jun 2013) DFARS 252.232-7033 - Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) DFARS 252.232-7006 - Wide Area Work-Flow Payment Instructions (Dec 2018) DFARS 252.232-7010- Levies on Contract Payments (Dec 2006) DFARS 252.243-7001 � Pricing of Contract Modifications (Dec 1991) DFARS 252.244-7000- Subcontracts for Commercial Items (Jan 2021) DFARS 252.247-7023- Transportation of Supplies by Sea�Basic (Feb 2019)
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