SOLICITATION NOTICE
89 -- Subsistence Items
- Notice Date
- 4/23/2024 10:58:29 AM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 311999
— All Other Miscellaneous Food Manufacturing
- Contracting Office
- W7M9 USPFO ACTIVITY KS ARNG TOPEKA KS 66611-1169 USA
- ZIP Code
- 66611-1169
- Solicitation Number
- W912JC24Q0009
- Response Due
- 5/10/2024 1:00:00 PM
- Archive Date
- 05/25/2024
- Point of Contact
- Kristy Rubio, Phone: 17856460851, Vernon L. Verschelden, Phone: 7856460852
- E-Mail Address
-
kristy.a.rubio.civ@army.mil, vernon.l.verschelden.civ@army.mil
(kristy.a.rubio.civ@army.mil, vernon.l.verschelden.civ@army.mil)
- Description
- Description: KANSAS NATIONAL GUARD (KSNG) COMBINED SYNOPSIS/SOLICITATION W912JC24Q0009 RAW SUBSISTENCE ITEMS� FY24 ANNUAL TRAINING 1.0 Synopsis This is a combined synopsis/solicitation for commercial items prepared in accordance with the� format in Federal Acquisition Regulation (FAR) subpart 12.6, �Streamlined Procedures for Evaluation� and Solicitation for Commercial Items,� as supplemented with additional proposals are being� requested, and a written solicitation document will not be issued. This solicitation is being� issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and� clauses are those in effect through Federal Acquisition Circular 2023-04 effective 06/02/2023 and� Defense Federal Acquisition Regulation (DFARS) changed notices 07/20/2023. The associated North� American Industrial Classification System (NAICS) code for this procurement is 311999, with a small� business size standard of 700 employees. In accordance with the Federal Acquisition Regulation� (FAR) Part 19.502-2(b), this procurement full and open competition. 1. Notice To Offerors: The Government intends to award a Firm Fixed Price contract to provided raw subsistence items to� the KSARNG. The contractor will provide all personnel, equipment, supplies, tools, transportation,� materials, supervision, quality control, and other items needed to support the delivery of raw� subsistence items. This is a non-personnel services provide to the Kansas Army National Guard while� performing Annual Training at Ft. Riley Kansas 1-22 June 2024. The Government shall not exercise� any supervision or control over the contract service providers performing the services herein. Such� contract service providers shall be accountable solely to the Contractor who, in turn is� responsible to the Government. Items/Quantities provided in attached .xls. Delivery schedule will be based on contractor and� KSARNG weekly menu. Place of Performance (Delivery Location) The work to be performed under this contract will be performed at BLDG 1581 Camp Funston H and 7th� St Ft Riley, KS. The Government reserves the right to cancel this solicitation, either �before or� after the closing date. In the event the Government cancels this solicitation, the Government has� no obligation to reimburse an offeror for any costs. Offerors must have a current registration in the System for Award Management (SAM) at https//www.sam.gov as of the date that quotes are due. Offerors must maintain a current registration in SAM to be eligible for disbursement of payments. Offerors shall ensure all� representations and certifications are current in SAM as a condition of award. (1) Set Aside. Any award resulting from this solicitation will be made using a total small business set- aside. (2) Quote Preparation Instructions: To ensure timely and equitable evaluation of Quotes, offerors shall adhere to the following� instructions in preparing their quote. Offerors are required to meet all solicitation requirements,� including terms and conditions, representations and certifications, and technical requirements, in� addition to those identified as evaluation factors. Failure to meet a requirement may result in an� offeror being ineligible for award. Offerors shall clearly identify any exception to the� solicitation terms and conditions and provide complete accompanying rationale. Quote Size: Quotes shall be submitted on company letterhead, and page size shall be 8.5 x 11 inches. Pages may� be single or double-spaced. The text size shall be no less than Times New Roman 10 point. Use at� least 1-inch margins on all sides of each page. Pages shall be numbered sequentially. If there are� discrepancies in page counts between paper and electronic submittals, the paper version shall take� precedence. Quotes shall not exceed 20 pages in length. Fewer pages is preferable. Tables, Charts,� Graphs, and Figures: Legible tables, charts, graphs, and figures shall be used wherever practical� to depict organizations, systems and layout, implementation schedules, plans, etc. These displays� shall be uncomplicated, legible and shall not exceed 11 by 17 inches in size when printed. Foldout� pages shall fold entirely within the volume and count as two (2) pages. Foldout pages may only be� used for large tables, charts, graphs, diagrams, and schematics, and not for pages of text. For� tables, charts, graphs and figures, the text shall be no smaller than 8 points. (3) Basis of Award. Offeror shall provide sufficient detailed information, which demonstrates their technical� capability, proposed technical approach, and plan for how they intend to meet the requirements as� specified the solicitation document. (4) Invoices. An itemized invoice shall be submitted electronically through Wide Area Workflow (WAWF) located at� https://piee.eb.mil/piee-landing/ when services are performed. When the Contractor is submitting an� invoice in WAWF. In addition, draft paper invoices will be emailed to the Customer and Government� Technical Monitor (GTM) that initiates the services with the Contractor. This is to clear up any discrepancies prior to the invoice being� entered into WAWF and to help facilitate receipt of services by the Government. Paper Invoices� shall contain the following minimum information: (d) � Contractor Name, address, and phone number. (e) � BPA Call number (if applicable). (f) � Date(s) of delivery. (g) � Purchase Request reference number (if applicable) (h) � Quantities delivered, unit cost, and total cost. (i) � Invoice total amount due. (j) � �The Kansas National Guard is a Federal Government entity, and as such is exempt from all� local, state, and federal taxes, including but not limited to sales taxes. Any charges or invoicing� that includes taxes shall be disputed/declined by Government, if charged or invoiced by Contractor. (5) Electronic Invoicing through Wide Area Workflow (WAWF). To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all� Contractors must submit requests for payment (invoices) through WAWF. Additional information and� registration for WAWF can be completed online at https://piee.eb.mil/piee-landing/. Payment will be� made by DFAS office designated in the Award. All payments on Award will be made by electronic� transfer of funds (EFT). The Government will make payment through WAWF upon satisfactory completion� of work and proper invoice that permits certification for payment. (6) Payment. Upon verification of invoices / charges submitted through WAWF by authorized KSNG personnel, the� invoice will be paid by Electronic Funds Transfer (EFT) IAW the Prompt Payment Act as the primary� form of payment but may be made by GPC when authorized. Questions/Proposal Due Date: Offerors must submit all questions concerning this solicitation in writing to the Contract� Specialist, Kristy Rubio via email at: kristy.a.rubio.civ@army.mil. Questions must be received no� later than May 8, 2024 12:00 pm CT. Any response to questions will be made in writing and will be� included in an amendment to the solicitation. All proposals are to be submitted by e-mail to the Contract Specialist at� kristy.a.rubio.civ@army.mil. Receipt will be verified by the date/time stamp on e- mail. All� proposals shall be submitted no later than May 10, 2024, 3:00 pm CT. Late submissions shall be� treated in accordance with the solicitation provision at FAR 52.212-1(f). Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.204-9 � � �Personal Identity Verification of Contractor Personnel � � JAN 2011 52.204-23 � � � Prohibition on Contracting for Hardware, Software, and � �DEC 2023 Services Developed or Provided by Kaspersky Lab Covered Entities 52.204-23 � � �Prohibition on Contracting for Hardware, Software, and � �DEC 2023 Services� Developed or Provided by Kaspersky Lab Covered Entities 52.204-25 � � Prohibition on Contracting for Certain Telecommunications �NOV 2021 and Video� Surveillance Services or Equipment 52.204-28 � � Federal Acquisition Supply Chain Security Act Orders-- � DEC 2023 Federal Supply� Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. 52.204-29 � � Federal Acquisition Supply Chain Security Act Orders-- � DEC 2023 Representation and� Disclosures. 52.204-30 � � Federal Acquisition Supply Chain Security Act Orders-- � DEC 2023 Prohibition. 52.212-4 � � �Contract Terms and Conditions--Commercial Products and �NOV 2023 Commercial Services 52.232-39 � � �Unenforceability of Unauthorized Obligations � � � � JUN 2013 52.252-2 � � � Clauses� Incorporated By Reference � � � � � � �FEB 1998 252.203-7000 � �Requirements Relating to� Compensation of Former DoD � �SEP 2011 Officials 252.203-7002 � �Requirement to Inform Employees of Whistleblower Rights �DEC 2022 252.204-7015 � � Notice of Authorized Disclosure of Information for Litigation JAN 2023 Support 252.204-7018 � �Prohibition on the Acquisition of Covered Defense � � �JAN 2023 Telecommunications� Equipment or Services 252.204-7020 � �NIST SP 800-171 DoD Assessment Requirements � � �NOV 2023 252.225-7048 � �Export-Controlled Items � � � � � � � � � JUN 2013 252.232-7003 � �Electronic� Submission of Payment Requests and Receiving �DEC 2018 Reports 252.232-7006 � �Wide Area WorkFlow Payment Instructions � � � � JAN 2023 252.232-7010 � �Levies on Contract Payments � � � � � � � � DEC 2006 CLAUSES INCORPORATED BY FULL TEXT 52.212-5 �CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE� ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024) (b) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,� which are incorporated in this contract by reference, to implement provisions of law or Executive� orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements� (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing� Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent� appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or� Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance� Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31� U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78� (19 U.S.C. 3805 note)). (c) 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.) X (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause� does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the� intelligence community--see FAR 3.900(a). � � (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)� (Pub. L. 109-282) (31 U.S.C. 6101 note). � �(6) [Reserved] � �(7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743� of Div. C). X (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT� 2016) (Pub. L. 111-117, section 743 of Div. C). � � (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of� Division R of Pub. L. 117-328). � � (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules,� Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390,� title II). � � (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC� 2023) (Pub. L. 115-390, title II). � �(ii) Alternate I (DEC 2023) of 52.204-30. X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors� Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note). � �(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT� 2018) (41 U.S.C. 2313). � (14) [Reserved] � �(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a). � �(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT� 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.� 657a). � (17) [Reserved] � �(18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). � �(ii) Alternate I (MAR 2020) of 52.219-6. � �(19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). � �(ii) Alternate I (MAR 2020) of 52.219-7. � �(20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)). � �(21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9. � �(22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). � �(ii) Alternate I (MAR 2020) of 52.219-13. � �(23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s). � �(24) 52.219-16, Liquidated Damages�Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). � �(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned� Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f). _X �(26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C.� 632(a)(2)). � �(ii) Alternate I (MAR 2020) of 52.219-28. � �(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged� Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)). � �(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business� Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)). � �(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.� 644(r)). � �(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s). _X �(31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). _X �(32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126). _X �(33) 52.222-21, Prohibition of Segregated Facilities (APR 2015). _X �(34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). � �(ii) Alternate I (FEB 1999) of 52.222-26. � �(35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). � �(ii) Alternate I (JUL 2014) of 52.222-35. _X �(36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). � �(ii) Alternate I (JUL 2014) of 52.222-36. � �(37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). � �(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC� 2010) (E.O. 13496). _X �(39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.� 13627). � �(ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). � �(40) 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.) � �(41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA�Designated Items� (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially� available off-the-shelf items.) � �(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the� acquisition of commercially available off-the-shelf items.) � �(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons� (JUN 2016) (E.O. 13693). � �(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air� Conditioners (JUN 2016) (E.O. 13693). � �(44)(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. � �(45)(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. � �(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). � �(47)(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 (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)� (E.O. 13513). � �(49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). � �(50) 52.223-21, Foams (JUN 2016) (E.O. 13693). � �(51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). � �(ii) Alternate I (JAN 2017) of 52.224-3. � �(52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83). � �(ii) Alternate I (OCT 2022) of 52.225-1. � �(53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.� 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29� (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42,� and 112-43. � (ii) Alternate I [Reserved]. � �(iii) Alternate II (DEC 2022) of 52.225-3. � �(iv) Alternate III (FEB 2024) of 52.225-3. � �(v) Alternate IV (OCT 2022) of 52.225-3. � �(54) 52.225-5, Trade Agreements (NOV 2023) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X (55) 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). � �(56) 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). � �(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150 � �(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42� U.S.C. 5150). � �(59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). � �(60) 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). � �(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021)� (41 U.S.C. 4505, 10 U.S.C. 3805). _X � (62) 52.232-33, Payment by Electronic Funds Transfer�System for Award Management (OCT 2018)� (31 U.S.C. 3332). � �(63) 52.232-34, Payment by Electronic Funds Transfer�Other than System for Award Management (JUL� 2013) (31 U.S.C. 3332). � �(64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). � �(65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). � �(66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). � �(67)(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. (d) 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). �X �(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.� 1792). (e) Comptroller General Examination of Record. The Contractor shall comply with the provisions of� this paragraph (k) 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. (l) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of� this clause, the Contractor is not required to flow down any FAR clause, other than those in this� paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise� indicated below, the extent of the flow down shall be as required by the clause� (i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). (ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712). (iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements� (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing� Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent� appropriations acts (and as extended in continuing resolutions)). (iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or� Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). (v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance� Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division� R of Pub. L. 117-328). (vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023)� (Pub. L. 115- 390, title II). (B) Alternate I (DEC 2023) of 52.204-30. (viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)),� in all subcontracts that offer further subcontracting opportunities. If the subcontract (except� subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date� of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer� subcontracting opportunities. (ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)� (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67). (xvi) � �(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.� 13627). � �(B) Alternate I (MAR 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts� for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C.� chapter 67.) (xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts� for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67) (xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989). (xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.� 13658). (xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT� 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10� U.S.C. Subtitle A, Part V, Subpart G Note). (xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C.� 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31� U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40. (xxvi) 52.247-64, 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) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) (a)(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of� accelerated payments from the Government, the Contractor shall make accelerated payments to its� small business subcontractors under this contract, to the maximum extent practicable and prior to� when such payment is otherwise required under the applicable contract or subcontract, after receipt� of a proper invoice and all other required documentation from the small business subcontractor. (2) The Contractor agrees to make such payments to its small business subcontractors without any� further consideration from or fees charged to the subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt� Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with� small business concerns, including subcontracts with small business concerns for the acquisition of� commercial products or commercial services. (End of clause) 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN 2023) (a) Definitions. As used in this clause-- Adequate security means protective measures that are commensurate with the consequences and� probability of loss, misuse, or unauthorized access to, or modification of information. Compromise means disclosure of information to unauthorized persons, or a violation of the security� policy of a system, in which unauthorized intentional or unintentional disclosure, modification,� destruction, or loss of an object, or the copying of information to unauthorized media may have� occurred. Contractor attributional/proprietary information means information that identifies the� contractor(s), whether directly or indirectly, by the grouping of information that can be traced� back to the contractor(s) (e.g., program description, facility locations), personally identifiable� information, as well as trade secrets, commercial or financial information, or other commercially� sensitive information that is not customarily shared outside of the company. Controlled technical information means technical information with military or space application� that is subject to controls on the access, use, reproduction, modification, performance, display,� release, disclosure, or dissemination. Controlled technical information would meet the criteria, if� disseminated, for distribution statements B through F using the criteria set forth in DoD� Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include� information that is lawfully publicly available without restrictions. Covered contractor information system means an unclassified information system that is owned, or� operated by or for, a contractor and that processes, stores, or transmits covered defense� information. Covered defense information means unclassified controlled technical information or other� information, as described in the Controlled Unclassified Information (CUI) Registry at� http://www.archives.gov/cui/registry/category- list.html, that requires safeguarding or� dissemination controls pursuant to and consistent with law, regulations, and Governmentwide� policies, and is-- (1) Marked or otherwise identified in the contract, task order,...
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