Land Mobile Radio – Hawaii Microwave Link at Two (2) Locations – (Pohakuloa Training Area (PTA) to Mauna Loa Observatory (MLO) and Mauna Loa Observatory (MLO) to Humuula, on the Big Island of Hawaii)
Combined Synopsis and Solicitation Notice Information Regional Contracting Office – Hawaii The Regional Contracting Office, Hawaii has a requirement for Pacific Land Mobile Radio – Hawaii (PLMR-HI) microwave link upgrade at 2 locations, Pohakuloa Training Area (PTA) to Mauna Loa Observatory (MLO) and Mauna Loa Observatory (MLO) to Humuula, on the Big Island of Hawaii. This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Part 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This is a Request for Proposal (RFP) and the solicitation number is W912CN-22-Q-0018. This is an all-or-none requirement. Partial proposal will be deemed unresponsive and will not be evaluated. The Government will award on a single purchase order to the lowest priced responsible offeror whose offer conforms to the requirements as stated in the combined synopsis/solicitation and is most advantageous to the Government based on the criteria listed in the Solicitation. The Product Service Code (PSC): 5820 – Radio and Television Communication Equipment, Except Airborne This is a restricted buy and the associated NAICS code is 334220 – Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing This is being set-aside for 100% for small businesses. Offerors must be registered in the System for Award Management (SAM) and all responsible sources may submit a quotation which, if timely received, will be considered by the Agency. Invoicing will be required to go tough Wide Area Work Flow (WAWF) at https://wawf.eb.mil/ Questions: All questions concerning this combined synopsis and solicitation must be directed to Justine Codling at the below contact information: Phone Number: 808-787-8849 and e-mail Justine.L.Codling.civ@army.mil no later than Tuesday, April 15, 2022 by 1600 Hawaii Standard Time (HST). All answers to Sam.gov will be posted to this combined synopsis/solicitation. There will be no site visit for this requirement. Proposals are due no later than Tuesday, April 15, 2022 by 1600 HST, the response date in the posting. Proposals need to include the CAGE code of the business submitting the proposal. Responses/offers shall be submitted electronically, PDF, MS Word, or MS Excel Format to: Justine.L.Codling.civ@army.mil Any amendment(s) issued to this RFP will be published on this website. Therefore, it is the Offerors responsibility to visit this website frequently for updates on this procurement. No telephone requests. All requests must include company name, address, POC name, telephone number, fax number, CAGE code, Tax ID number, business size, county and DUNS number. The 30th Signal Battalion requirement is for 2 sets of microwave link upgrade per salient characteristics and Performance Work Statement (PWS) attached. Propose All or None. All supplies and services offered must include the technical specifications of salient characteristics and PWS. Brief description: Pacific Land Mobile Radio – Hawaii (PLMR-HI) requires a contractor with qualified personnel to install a microwave radio links on government provide towers. Between PTA to MLO, and MLO to Humuula, the servicer will procure, install, test and document, the microwave link on the Big Island of Hawaii. The link will provide connectivity between the land mobile radio repeater and console sites and the Land Mobile Radio - Hawaii (LMR-HI) master site. Competent and qualified personnel must provide services. Salient Characteristics Terrestrial Microwave: - Frequency Band: NTIA License spectrum (7.125– 8.500 GHz) - Mauna Loa Observatory (MLO) – Pohakuloa Training Area (PTA) - Mauna Loa Observatory (MLO) – Humuula Microwave Radio: - Equipment offered must have a JF-12 - Equipment offered must be on Department of Defense Approved Product List (APL) - Antennas: 1.8 m | 6 ft High Performance Low Profile Antenna (if offered) - Frequency Stability: +/- 5ppm - Manual Transmitter Power Control Range 0 -25dB - Configurable Automatic Transmitter Power Control - Receiver Overload/Max Receiver Input Level (BER=1x106/ BER=1x10³) -15dBm /0 dBm - Residual Bit Error Rate (BER) 10¹³ - Power < 40 Watts - Equip with Software define Flexible Power Mode - Scalability 1024 Quadrature Amplitude Modulation (QAM) - Support fully 256 Adaptive Coding and Modulation and Cross Pol Interference Cancellation operation - Transport Options: Carrier Ethernet, PDH/SDH/SONET or Hybrid (mixed mode Carrier Ethernet + PDH/SDH/SONET) in a single radio channel - Configurations Type: NP, MHSB, MHSB SD, 2+0 XPIC - Support IP toughput - Payload Capacity, Minimum Node Software License, 100Mbps - AES 256 encryption and FIPS 140-2 certification - Reliability 99% - High Output Node Protection Card - Low Power consumption - Alarm I/O Card - Fit Existing Antennas Safety: - Constructed to minimize risk of smoke and fumes in case of fire. - Constructed with no hazardous materials. - Tower loading is a concern antenna footprint must be equal or less. - Meet global product requirements for safe extra low voltages (SELV) 48-60 volts. Attachments Attachment 1 – PWS for Mauna Loa Observatory (MLO) – Pohakuloa Training Area (PTA) Attachment 2 – PWS for Mauna Loa Observatory (MLO) – Humuula A list of contract line item number(s) and items, quantities and units of measure must be provided: CLIN 0001 – Microwave Link Upgrade Pohakuloa Training Area (PTA) to Mauna Loa Observatory (MLO) CLIN 0002 – Microwave Link Upgrade Mauna Loa Observatory (MLO) to Humuula Proposed pricing must be valid for no less than 30 days Delivery and performance date is estimated and is subject to change at the Government’s discretion. Within 120 days of award Place of Performance CLIN 0001 – Pohakuloa Training Area (PTA) to Mauna Loa Observatory (MLO) CLIN 0002 – Mauna Loa Observatory (MLO) to Humuula Proposals from offerors will be accepted via email to: Justine.L.Codling.civ@army.mil and must be received no later than 1600 Hours, Hawaii Standard Time (HST) on Tuesday, April 15, 2022. Offeror must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov. Contracting Office Address: 742 Santos Dumont Ave. BLDG 108 Wheeler Army Air Field (WAAF) Schofield Barracks, Hawaii 96857 United States Primary Point of Contact: All proposals and inquiries should be addressed to Ms. Justine Codling by email at Justine.L.Codling.civ@army.mil or by telephone at 808-787-8849 during normal business hours. This combined synopsis-solicitation incorporates one or more provisions or clauses by reference, with the same force and effect as if they were given in full text. The full text of any provision or clause may be accessed electronically at http://farsite.hill.af.mil/ and https://www.acquisition.gov/browse/index/far and the DOD Class Deviations (CD) which can be found at https://www.acq.osd.mil/dpap/dars/class_deviations.html apply to this combined synopsis/solicitation. The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, whose offer is the lowest priced, and determined to be technically acceptable. The following factors shall be used to evaluate offers: Price and Technical Acceptability. To be rated as Technically Acceptable, the proposal must meet the requirement satisfying the salient physical, functional, and performance characteristics outlined in the CLIN(s), PWN, and salient characteristics, and be capable of meeting the installation/configurations requirements. “Or equal” items shall be accompanied with significant documentation proving the item is comparable in features and functions and shall be determined technically acceptable by the Government prior to award. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.204-7 System for Award Management (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.212-4 Contract Terms and Conditions--Commercial Items (OCT 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.252-6 Authorized Deviations in Clauses (NOV 2020) 252.201-7000 Contracting Officer's Representative (DEC 1991) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2021) 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by The Government of a Country that is a State Sponsor of Terrorism (MAY 2019) 252.223-7008 Prohibition of Hexavalent Comium (JUN 2013) 252.225-7012 Preference for Certain Domestic Commodities (DEC 2017) 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. (OCT 2020) 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015) (MAY 2020) 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (APR 2019) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration (APR 2020) 252.243-7002 Requests for Equitable Adjustment (DEC 2012) 252.244-7000 Subcontracts for Commercial Items (JAN 2021) 252.247-7023 Transportation of Supplies by Sea (FEB 2019) CLAUSES INCORPORATED BY FULL TEXT 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2019) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 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)). 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). ____ (10) [Reserved] ____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). ____ (ii) Alternate I (NOV 2011) of 52.219-3. ____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (ii) Alternate I (JAN 2011) of 52.219-4. ____ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). ____ (ii) Alternate I (NOV 2011). ____ (iii) Alternate II (NOV 2011). ____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. ____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9. ____ (v) Alternate IV (Aug 2018) of 52.219-9. ____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). ____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)). ____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). _X_ (22) 52.219-28, Post Award Small Business Program Representation (July 2013) (15 U.S.C. 632(a)(2)). ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). ____ (ii) Alternate I (Feb 1999) of 52.222-26. _X_ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212). ____ (ii) Alternate I (July 2014) of 52.222-35. _X_ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). ____ (ii) Alternate I (July 2014) of 52.222-36. _X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). ____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (35)(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.) ____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential ydrofluorocarbons (June, 2016) (E.O. 13693). ____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693). ____ (38) (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. ____ (39)(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. ____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (41)(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_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693). ____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693). ____ (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). ____ (ii) Alternate I (JAN 2017) of 52.224-3. ____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3. ____ (iii) Alternate II (May 2014) of 52.225-3. ____ (iv) Alternate III (May 2014) of 52.225-3. ____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ____ (50) 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). ____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150) ____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332). ____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). ____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). ____ (ii) Alternate I (Apr 2003) of 52.247-64. ____ (iii) Alternate II (Feb 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) _____ (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) _____ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). _____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (4) 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). _____ (5) 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). _____ (6) 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). _____ (7) 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). _____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). _____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). _____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (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 teshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (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) _X_ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). _____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (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. (May 2014) (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 (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause)
W912CN-22-Q-0018 Department of the Army Materiel Command Army Contracting Command
3/28/22, 2:57 PM