SAMDaily.us | PRESOL | S | USCG Training Center Cape May Linen Services

SAMDAILY.US - ISSUE OF AUGUST 28, 2022 SAM #7576
SOLICITATION NOTICE

S -- USCG Training Center Cape May Linen Services

Notice Date: 8/26/2022 7:13:30 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 812331 — Linen Supply
Contracting Office: DOL-9 NORFOLK VA 23510 USA
ZIP Code: 23510
Solicitation Number: 70Z08422QDL9500050
Response Due: 9/9/2022 9:00:00 AM
Archive Date: 09/24/2022
Point of Contact: Monica Acosta, Luis Torres
E-Mail Address: Monica.B.Acosta@uscg.mil, luis.torres@uscg.mil
(Monica.B.Acosta@uscg.mil, luis.torres@uscg.mil)
Small Business Set-Aside: SBA Total Small Business Set-Aside (FAR 19.5)
Description: Linen and Laundry Services United States Coast Guard Training Center Cape May, NJ 70Z08422QDL9500050 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6 and subpart 13.5, as supplemented with additional information included in this notice.� This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.� Solicitation number 70Z08422QDL9500050 is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 Effective date: May 6, 2022. The applicable North American Industry Classification Standard Code is 812331. The small business size standard is $35.0M. This solicitation is issued as a 100% Total Small Business Set-Aside. All responsible small business sources may submit a quotation, which shall be considered by the agency. It is anticipated that one (1) contract consisting of one (1) one-year base period and, if exercised, four (4) one-year option periods will be awarded as a result of this synopsis/solicitation. The total duration of this contract shall not exceed five (5) years. Offerors that have this capability are invited to submit quotations in accordance with the requirements stipulated in this solicitation. The following documents are attached: Attachment 1:� Schedule of Prices Attachment 2:� Performance Work Statement Attachment 3:� Quality Assurance Surveillance Plan Attachment 4:� Department of Labor Wage Determination Closing date and time for receipt of offers is 09 September 2022 at 12:00pm Eastern Standard Time. �Anticipated award date is on or about 30 September 2022.� E-mail quotations are preferred and may be sent to Monica.B.Acosta@uscg.mil, please indicate 70Z08422QDL9500050 in subject line.� Quotations may also be mailed to the following address: USCG DOL-93 300 East Main Street, Suite 965 Attn: Monica Acosta Norfolk, VA 23510 � NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman. Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester�s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the government. The agency�s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer. Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed. TERMS AND CONDITIONS Linen and Laundry Services United States Coast Guard Training Center Cape May 70Z08422QDL9500050 Statement of Requirement The proposed contract to be awarded by the United States Coast Guard (USCG) shall be for Laundry and Linen Services at USCG Training Center (TRACEN) Cape May, NJ as specified in the Performance Work Statement (PWS).� All quantities shown in the schedule are estimated.� The following clauses and provisions are included: 52.212-1 �� Instructions to Offerors - Commercial Items and any any other instructions contained elsewhere in this solicitation, the following information is provided. Quoters are required to submit their quotes as follow: Volume I: Factor I � Technical �� Subfactor 1: Performance Approach Volume II: Factor II: Past Performance Volume III: Price. Volume I: Factor I Technical � �� Subfactor I: Performance approach: The quoter shall submit no more then 10-page documentation describing their performance approach to clearly convince the Government that they are technically capable of performing the work required as identify in section 5.1 Technical Requirements of the PWS. **Note: Quoters simply providing general statements or paraphrasing/parroting the PWS in whole or in any part shall result in a rating unacceptable� Volume II: Factor II Past Performance. The Quoter shall provide information on no more than three (3) previous contracts whose effort was relevant to the effort required by this solicitation. The contracts provided should have been performed within the last five (5) years from the closing date of this solicitation. Evaluation will focuse on work experience alrady performed. Yet-to-be performed work and experience prior to the last five years will not be considered. The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USCG and any information found using sources such as Federal Government sources, Past Performance Information Retrieval System (PPIRS)/Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the Quoter. The following minimum information shall be provided within the contractor submitted references. Name of Quoter Contract Number / Task Order Contract Type Annual Contract/ Task Order Cost Description of work (Detail eplanation) Valid Name, phone number, and email of contracting officer Period of performance Quoters may also provide contracts describing their own experience as a subcontractor. Volume III: Factor III Price The offeror shall provide pricing as requested in the attached spreadsheet titled �70Z08422DL9500050- Schedule�.� Any quantity price discounts and discounts for prompt payment should be included in this section. Period of Acceptance of Quotes (c) Prices must remain effective for 90 days after solicitation closes.� Cost or Pricing Data It is Department of Homeland Security (DHS) policy that pricing for competitive negotiations should be based on adequate price competition.� However, in the event only one responsible offeror is obtained as a result of this solicitation, that offeror may be required to submit Data Other Than Certified Cost or Pricing Data to support price negotiations. Service Contract Labor Standards The Service Contract Labor Standards could apply to any contracts awarded through this solicitation.� In accordance with (IAW) FAR 22.1009-3, the place of performance for this contract is Cape May, NJ.� The Contracting Officer has included the Wage Determinations for Cape May, NJ as an attachment to this solicitation. 52.212-2 Evaluation Basis of Award The Government intends to award a single Firm Fixed Price (FFP) contract as a result of this solicitation in accordance with FAR part 13. Award will be made to that quoter whose quote is most advantage to the Government under the selection criteria set forth in this solicitation. Therefore, the quoter�s initial quote should contain the quoter�s best terms from a technical, past performance and price standpoint. However, the Government may contact any or all quoter�s with questions concerning their responses as permitted under FAR part 15. The Government reserves the right to award a firm fixed price contract to other than the lowest price. The basis of award will be evaluated based on the lowest price technically acceptable criteria.� Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not received an acceptable technical, the process will continue in order of lowest priced offer until the lowest price, technically acceptable offer with acceptable identified.� Award on Initial Quotations The Government retains the right to award without discussions.� Offerors shall assume the Government has no prior knowledge of their experience and will base its evaluation solely on the information presented in the offeror�s quotation. Evaluation of Factor I Technical The technical quote will be evaluated based on the quotes� ability to established, with sufficient detail, their understanding of the requirement and their ability to perform all technical requirements. The government will not search for data to cure problems or address inconsistencies in a quoter�s quote.�� Subfactor I: Performance Approach: The quoter will be evaluated on the accuracy, comprehensiveness, and feasibility of its response tp provide a performance approach to clearly convince the Government that they are technically capable of performing the work required as identify within section 5.1 of the PWS. The following rating will be used in the evaluation of Factor I Technical.� Rating Description Acceptable The Quote meets the requirements of the solicitation Unacceptable The quote does not meet the requirement of the solicitation **Note: A rating of Unacceptable for Factor I, means that the quoter will not be considered for award. Factor II: Past Performance The Government will evaluate each quoter�s recent and relevant present and past performance to assess whether there is a reasonable expectation that a quoter will successfully perform the requirement. The evaluation focus only on work experience already performed. Work to yet to be performed, and work prior to the last five years (5) as of the RFQ closing date will not be considered. � The following rating will be used in the evaluation of Factor II Past Performance.� Rating Description Acceptable Based on the quoter quote performance record, the Government has a reasonable expectation that the quoter will successfully performed the required effort, or the quoter performance is unknown. Unacceptable Based on the quoter quote performance record, the Government does not have a reasonable expectation that the quoter will successfully performed the required effort. ** In accordance with FAR 15.305(a)(2)iv), Quoter�s without a record of relevant past performance or for who information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have an unknown past performance. In the context of acceptability/unacceptability, �unknown� shall be consider �acceptable�� Factor III:� Price Price will not be rated. The Government will evaluate for price reasonableness in accordance with FAR 13.106-3. The Government will evaluate the quoter price by adding the total price for the base period and all option periods including FAR 52.217-8.� �52.212-3 �� Offeror Representations and Certifications-Commercial Items� �� May 2022 �� X Alternate I of 52.212-3. �� May 2022 An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. (End of Provision) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders�Commercial Items (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: �X (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.) �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). �X (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. (NOV 2021) (31 U.S.C. 6101�note). �X (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] �X �(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. �X (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. �X (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 (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). �X (22)(i)�52.219-28, Post-Award Small Business Program Rerepresentation (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). �X (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). X �(29)�52.222-21, Prohibition of�Segregated Facilities�(APR 2015). X (30)(i)�52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). __ (ii)�Alternate I�(Feb 1999) of�52.222-26. X (31)(i)�52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). __ (ii)�Alternate I�(July 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�(July 2014) of�52.222-36. X (33)�52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). X �(3)�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�(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 (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. 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 (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). 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. 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)). X (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: X �(1)�52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). 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). This Statement is for Information Only: It is not a Wage Determination Employee Class Occupation Code Monetary wage-Fringe benefits Laborer 3502 �� (NA 3)� $16.50 + fringe X (3)�52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206�and�41 U.S.C. chapter 67). __ (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). X (7)�52.222-55, Minimum Wages for Contractor Workers Under�Executive Order 14026�(JAN 2022). X (8)�52.222-62,�Paid Sick Leave�Under�Executive Order 13706�(JAN 2022) (E.O. 13706). X (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) of this paragraph 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�(Mar 2015) of�52.222-50�(22 U.S.C. chapter 78�and�E.O. 13627). (xiv)�52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain�Equipment�- Requirements (MAY 2014) (41 U.S.C. chapter 67). (xv)�52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services -Requirements (MAY 2014) (41 U.S.C. chapter 67). (xvi)�52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989). (xvii)�52.222-55, Minimum Wages for Contractor Workers Under�Executive Order 14026�(JAN 2022). (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. Contract Clauses 52.252-2�� Clauses Incorporated by Reference�� (Feb 1998) This solicitation 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 the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html. 52.204-9 Personal Identify Verification of Contractor Personnel Jan 2011 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.212-4 Contract Terms and Conditions � Commercial Items Nov 2021 52.232-18 Availability of Funds Apr 1984 52.232-40 Providing Accelerated Payments to Small Business...
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