SAMDaily.us | PRESOL | R | Yellow Ribbon Event - Sep2023 - Western Massachusetts

SAMDAILY.US - ISSUE OF AUGUST 03, 2023 SAM #7919
SOLICITATION NOTICE

R -- Yellow Ribbon Event - Sep2023 - Western Massachusetts

Notice Date: 8/1/2023 6:52:44 AM
Notice Type: Combined Synopsis/Solicitation
Contracting Office: W7NE USPFO ACTIVITY MAANG 104 WESTFIELD MA 01085-1482 USA
ZIP Code: 01085-1482
Solicitation Number: W50S8123R0004
Response Due: 8/1/2023 11:00:00 AM
Archive Date: 08/16/2023
Point of Contact: Bradford Erdmann, Phone: 4135621549, Nathan Staples, Phone: 4135642796
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 products�or�commercial services�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)�The�solicitation�number is W50S8123R0004, is hereby issued as a Request for Quote (RFQ) for Yellow Ribbon Event on 16 September 2023 for a venue within 90 miles of Barnes Air National Guard in Westfield, MA. A contract will be awarded without discussions as a single, Firm-Fixed Price (FFP) award utilizing FAR Part 13, Simplified Acquisition Procedures. (iii)�This solicitation document incorporates provisions and clauses for are those in effect through Federal�Acquisition�Circular 2023-04, dated 06/02/2023 and the Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice 06/09/2023. 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 561920; Small Business Size Standard of $20M. (v)�List of Contract Line Item Numbers (CLIN) CLIN 0001 � Conference Space Requirements Quantity � 1 Unit of Issue � Job CLIN 0002 � Audio/Visual Requirements Quantity � 1 Unit of Issue � Job CLIN 0003 � Subsistence Requirement Quantity � 200 Unit of Issue � Each CLIN 0004 � Miscellaneous Event Administrative Costs Quantity � 1 Unit of Issue � Job (vi)�Description of Requirement; The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Carpet and Baseboard Replacement Services, as defined in the Performance Work Statement dated 12 June 2023. (vii)�Work is to be completed within 60 days of the effective date of the contract. (viii)�Provision�52.212-1, Instructions to�Offerors-Commercial Products�and�Commercial Services, applies to this�acquisition. Addendum to FAR 52.212-1: (a)�North American Industry Classification System (NAICS) code and small business size standard.�The NAICS code(s) and small business size standard(s) for this�acquisition�appear elsewhere in the�solicitation. (b)�Submission of�offers. Submit signed and dated�offers�to the office specified in this�solicitation�at or before the exact time specified in this�solicitation.�Offers�may�be submitted on letterhead stationery, or as otherwise specified in the�solicitation. As a minimum,�offers�must�show� (1)�The�solicitation�number; W50S8123R0004 (2)�The time specified in the�solicitation�for receipt of�offers; NLT 1400 EST 1 August 2023 (3)�Must include the following information: Company Name & Address, Point of Contract, Telephone, Email, Cage Code, DUNS Number, and Business Size. For your convenience, a CLIN schedule with the required fields is attached with this solicitation. (4)�A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the�solicitation. This�may�include product literature, or other documents, if necessary. (5)�Terms of any express�warranty. (6)�Price and any discount terms. Payment terms are 30 days after submission if not specified. (7)�""Remit to"" address, if different than mailing address or address in entity information on SAM.gov. (8)�A completed copy of the representations and certifications at Federal�Acquisition�Regulation (FAR)�52.212-3�(see FAR�52.212-3(b) for those representations and certifications that the�offeror�shall�complete electronically); If completed in SAM.gov, the contractor does not need to provide this with the quote. (9)�Acknowledgment of�Solicitation�Amendments. (c)�Period for acceptance of�offers. The�offeror�agrees to hold the prices in its�offer�firm until 30 September 2023 if not time is specified in the quote, unless another time period is specified in an addendum to the�solicitation. (d)�RESERVED (e)�Multiple�offers.�Offerors�are encouraged to submit multiple�offers�presenting alternative terms and conditions, including alternative�line items�(provided that the alternative�line items�are consistent with FAR�subpart� 4.10), or alternative�commercial products�or�commercial services�for satisfying the requirements of this�solicitation. Each�offer�submitted will be evaluated separately. (f)�Late submissions, modifications, revisions, and withdrawals of�offers. (1)�Offerors�are responsible for submitting�offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the�solicitation�by the time specified in the�solicitation. (2)� (i)�Any�offer, modification, revision, or withdrawal of an�offer�received at the Government office designated in the�solicitation�after the exact time specified for receipt of�offers�is ""late"" and will not be considered unless it is received before award is made, the�Contracting Officer�determines that accepting the late�offer�would not unduly delay the�acquisition; and- (A)�If it was transmitted through an�electronic commerce�method authorized by the�solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working�day�prior to the date specified for receipt of�offers; or (B)�There is acceptable evidence to establish that it was received at the Government installation designated for receipt of�offers�and was under the Government�s control prior to the time set for receipt of�offers; or (ii)�However, a late modification of an otherwise successful�offer, that makes its terms more favorable to the Government, will be considered at any time it is received and�may�be accepted. (3)�RESERVED (4)�If an�emergency�or unanticipated event interrupts normal Government processes so that�offers�cannot be received at the Government office designated for receipt of�offers�by the exact time specified in the�solicitation, and urgent Government requirements preclude amendment of the�solicitation�or other notice of an extension of the closing date, the time specified for receipt of�offers�will be deemed to be extended to the same time of�day�specified in the�solicitation�on the first work�day�on which normal Government processes resume. (5)�Offers�may�be withdrawn by written notice received at any time before the exact time set for receipt of�offers. Oral�offers�in response to oral�solicitations�may�be withdrawn orally. If the�solicitation�authorizes facsimile�offers,�offers�may�be withdrawn via facsimile received at any time before the exact time set for receipt of�offers, subject to the conditions specified in the�solicitation�concerning facsimile�offers. An�offer�may�be withdrawn in person by an�offeror�or its authorized representative if, before the exact time set for receipt of�offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the�offer. (g)�Contract award. The Government intends to evaluate�offers�and award a contract without discussions with�offerors. Therefore, the�offeror�s initial�offer�should�contain the�offeror�s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the�Contracting Officer�to be necessary. The Government�may�reject any or all�offers�if such action is in the public interest; accept other than the lowest�offer; and waive informalities and minor irregularities in�offers�received. (h)�Multiple awards. The Government�may�accept any item or group of items of an�offer, unless the�offeror�qualifies the�offer�by specific limitations. Unless otherwise provided in the Schedule,�offers�may�not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the�offeror�specifies otherwise in the�offer. (i)�RESERVED (j)�Unique entity identifier.(Applies to all�offers�that exceed the�micro-purchase threshold, and�offers�at or below the�micro-purchase threshold�if the�solicitation�requires the Contractor to be�registered in the System for Award Management (SAM).) The�Offeror�shall�enter, in the block with its name and address on the cover page of its�offer, the annotation ""Unique Entity Identifier"" followed by the�unique entity identifier�that identifies the�Offeror's name and address. The�Offeror�also�shall�enter its�Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the�unique entity identifier. The suffix is assigned at the discretion of the�Offeror�to establish additional SAM records for identifying alternative EFT accounts (see FAR�subpart� 32.11) for the same entity. If the�Offeror�does not have a�unique entity identifier, it�should�contact the entity designated at�www.sam.gov�for�unique entity identifier�establishment directly to obtain one. The�Offeror�should�indicate that it is an�offeror�for a Government contract when contacting the entity designated at�www.sam.gov�for establishing the�unique entity identifier. (k)�RESERVED (l)�RESERVED (ix)�Provision 52.212-2, Evaluation-Commercial Items, applies to this acquisition. Addendum to FAR 52.212-2 (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: Price, Technical Capability, Delivery Terms, and Past Performance where Price is the most important. (b)�Options. None included. (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. (x)�A statement advising�offerors�to include a completed copy of the provision at�52.212-3,�Offeror�Representations and Certifications-Commercial Products�and�Commercial Services, with its�offer. If completed in SAM.gov, the contractor does not need to provide this with the 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/. 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 IAW Addendum to FAR 52.212-1, paragraph B.2. to 104.fw.msc@us.af.mil with solicitation number W50S81-23-R-0004 in the subject line. Requests for Information (RFI) concerning this requirement must be submitted in writing to the email listed above NLT COB 26 July 2023. ***The Government will not answer questions via telephone. (xvi)�Questions concerning this soliciting should be directed to MSgt Nathan Staples 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 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation 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 252.204-7019� Notice of NIST SP 800-171 DoD Assessment Requirements DFARS 252.225-7059 ��Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region�Representation 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 52.232-1 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 252.204-7020 NIST SP 800-171 DoD Assessment Requirements DFARS 252.225-7048 Export-Controlled Items DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime DFARS 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region 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 DFARS 252.222-7999 Combating Race and Sex Stereotyping( Deviation 2021-O0001 Rev1 Dated Jan 2021) CLAUSES INCORPORATED BY FULL TEXT: FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders�Commercial Products and Commercial Services (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). (6)�� 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553). (7)�� 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, 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) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). __ (9) 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). __ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313). __ (11) [Reserved]. __ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a). __ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a). __ (14) [Reserved] __ (15) (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. __ (16) (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. __ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)). __ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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_ (19) (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. __ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s). __ (21) 52.219-16, Liquidated Damages�Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f). _X_ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023)( 15 U.S.C. 632(a)(2)). __ (ii) Alternate I (Mar 2020) of 52.219-28. __ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)). __ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)). __ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)). _X_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). __ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126). _X_ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. __ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). __ (ii) Alternate I (Jul 2014) of 52.222-35. __ (33) (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. __ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). __ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (36) (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). __ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) __ (38) (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.) __ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (41) (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. __ (42) (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. __ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b). __ (44) (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. __ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). __ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (47) 52.223-21, Foams (Jun2016) (E.O. 13693). __ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3. __ (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83). __ (ii) Alternate I (Oct 2022) of 52.225-1. __ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I [Reserved]. __ (iii) Alternate II (Dec 2022) of 52.225-3. __ (iv) Alternate III (Jan 2021) of 52.225-3. __ (v) Alternate IV (Oct 2022) of 52.225-3. __ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (52) 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). __ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). __ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150). __ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150). __ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). __ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). __ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). _X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332). __ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332). __ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332). __ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a). __ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)). __ (64) (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. 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 for Contractor Workers Under Executive Order 14026 (Jan 2022). __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). (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) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 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. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212) (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). (xi) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67). (xiv) (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). (xv) 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. chap...
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