16200000223.Solicitation.Final.pdf
PDF 2 MB Posted
- Attached to
- Cutting, Sewing, and Screen-Printing Services
- Solicitation number
- CT2359-24
About this file
This document is a combined synopsis/solicitation for a one-year fixed-price requirements contract for outside cutting, sewing, and screen-printing services to manufacture ARMY Physical Fitness Trunks for the Defense Logistics Agency Troop Support (DLA). The solicitation is 100% set-aside for small businesses with a 750-employee size standard. UNICOR, Federal Prison Industries, Inc. is the issuing agency.
Key details include: a list of items, descriptions, and quantities required; materials and services to be provided by the contractor; delivery requirements; inspection and acceptance procedures; invoicing and payment instructions; and proposal submission requirements. Proposals are due on May 30, 2024 by 2:00 pm EST and must include a completed SF-1449, amendments, past performance information, certifications, and other specified documents. Award will be based on a best value tradeoff considering past performance, technical factors, and price.
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| File | Type | Posted |
|---|---|---|
| Business_Mgmt_Quest_CTG2359-24.APFUTrunks.pdf | ||
| Credit Release Authorization.pdf | ||
| ACH Vendor Enrollment.pdf |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
2. CONTRACT NO.
7. FOR SOLICITATION
INFORMATION CALL:
9. ISSUED BY
XCOT�f\JDSEW
HARTFORD RD
T BASE MDL NJ 08640
3. AWARD/EFFECTIVE 4. ORDER NUMBER
DATE
CODE
1. REQUISITION NUMBER
2359-24
UNRESTRICTED OR
WOMEN-OWNED SM
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
EDWOSB
SIZE STANDARD:
8 (A)
11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS
TION UNLESS BLOCK IS
MARKED
13a. THIS CONTRACT IS A
SEE SCHEDULE
15. DELIVER TO
XCO A�DSEW
HARTFORD RD
T BASE MDL NJ 08640
17a. CONTRACTOR/ CODE 91014499
OFFEROR
fJIII\IED SOURCE
ON DC 20534
CODE
RA TED ORDER UNDER
□PAS (15 CFR 700)
RED BY
COT AND SE
TFORD RD
SE MDL NJ 08640
RFQ
J\CCOUNTS PAYABLE
ITTA CE IS DIFFERENT AND PU S 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
See Section B
===:,;,,;:-620000223
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
FU DS SH L BE OBLIGATED BY INDIVIDUAL DELIVERY ORD RS A D OT BY TH
21. 22.
QUANTITY UNIT
23.
UNIT PRICE
24.
AMOUNT
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND ---
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF.
DATED . UR OFFER ON SOLICITATION
(BLOCK 5), NCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print)
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30c. DATE SIGNED
STANDARD FORM 1449 (REV. 212012)
Prescribed by GSA - FAR (48 CFR) 53.212
XX 32
Order Number: 1620000223
CT2359-24
Solicitation is issued as a one-year base period of twelve (12) months fixed price requirements type contract.
This solicitation is for the following commercial item(s): Outside Cutting, Sewing, and Screen- Printing Services for the manufacturing of ARMY Physical Fitness Trunks. The finished products are for the Defense Logistics Agency Troop Support (DLA).
SOLICITATION IS 100% SET ASIDE FOR SMALL BUSINESS.
For a list, descriptions and total estimated quantities of all items, refer to Section B.
The government reserves the right to request bid samples from all offerors in a competitive range prior to a contract award or request a sample from the awardee after contract award.
UNICOR's desired delivery is 30 days or sooner after issuance of each delivery order. Vendors are required to provide their best manufacturing/delivery time for evaluation, and delivery schedule will be established at time of award.
Vendors shall submit signed and dated offers by commercial delivery service (FedEx, UPS, etc.)
only as follows:
UNICOR Butner Old NC Hwy 75N Butner, NC 27509 ATTN: Renee Stancil, Supervisory Contract Specialist
EMAILED PROPOSALS WILL BE ACCEPTED. However, it is the offeror's responsibility to confirm receipt of offer. Email address is Renee.Stancil@usdoj.gov.
Due to logistics and security, do not send offers via U.S. mail.
QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN
WRITING VIA EMAIL TO: Renee.Stancil@usdoj.gov BY CLOSE OF BUSINESS Wednesday, May 22, 2024 @ 2pm EST. NO PHONE CALLS PLEASE.
The date and time for receipt of proposals is Thursday, May 30, 2024, at 2:00 PM EST. Offer must indicate Solicitation No. CT2359-24, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.
Order Number: 1620000223
THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE
OFFEROR:
VENDOR'S Unique Entity Identifier (UEI): _______________________
VENDOR'S POINT OF CONTACT: _____________________________________
VENDOR'S TELEPHONE & FAX NUMBER: _______________________________
VENDOR'S EMAIL ADDRESS: ________________________________________
VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.): ______________ By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract resulting from this solicitation.
Signature
The Administrative Contracting Officer is Renee Stancil at Renee.Stancil@usdoj.gov
Order Number: 1620000223
Request for Proposal
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Item No. SUPPLIES OR SERVICE
!00001 j 18415016232466SUB
TRUNKS,ARMY,APFU,SUB,FULL-ASSEMBL Y,X-SML
NSN:8415016232466SUB
SIZE: X-SMALL
COLOR: BLACK
VENDOR: *""TBD***
VENDOR# *""TBD***
RAW MATERIALS WILL BE FURNISHED BY UNICOR
Quantity
FULLY ASSMBLED TRUNK SHIPPED TO END CUSTOMER DLA BY ""*TBD*""
FOR NSN: 8415016232466
SPEC: GL/PD 13-06
100002 j ls41so16232471SUB
TRUNKS,ARMY,APFU,SUB,FULL-ASSEMBL Y,SML
NSN:8415016232471SUB
SIZE:SMALL
COLOR: BLACK
VENDOR: *""TBD***
VENDOR# *""TBD***
RAW MATERIALS WILL BE FURNISHED BY UNICOR
138,000
FULLY ASSMBLED TRUNK SHIPPED TO END CUSTOMER DLA BY ""*TBD*""
FOR NSN: 8415016232471
SPEC: GL/PD 13-06
joo003 ] 18415016232472SUB 175,000
TRUNKS,ARMY,APFU,SUB,FULL-ASSEMBL Y,MED
U/M UNIT PRICE AMOUNT IN US$
� L
IL
Delivei:y Date
10710112024
!0710112024
10710112024
Order Number: 1620000223
NSN:841S016232472SUB
SIZE: MEDIUM
COLOR: BLACK
VENDOR: *""TBD***
VENDOR# ***TBD***
RAW MATERIALS WILL BE FURNISHED BY UNICOR
FULLY ASSMBLED TRUNK SHIPPED TO END CUSTOMER DLA BY ""*TBD***
FOR NSN: 8415016232472
SPEC: GUPD 13-06
joo004 ] 18415016232474SUB
TRUNKS,ARMY,APFU,SUB,FULL-ASSEMBL Y,LRG
NSN:8415016232474SUB
SIZE:LARGE
COLOR: BLACK
VENDOR: *""TBD***
VENDOR# *""TBD***
RAW MATERIALS WILL BE FURNISHED BY UNICOR
162,000
FULLY ASSMBLED TRUNK SHIPPED TO END CUSTOMER DLA BY ""*TBD*""
FOR NSN: 8415016232474
SPEC: GUPD 13-06
loooos 1841so16232476SUB
TRUNKS,ARMY,APFU,SUB,FULL-ASSEMBL Y,XL
NSN:8415016232476SUB
SIZE: X-LARGE
COLOR: BLACK
VENDOR: ***TBD***
VENDOR# ***TBD***
RAW MATERIALS WILL BE FURNISHED BY UNICOR
l1s,ooo
FULLY ASSMBLED TRUNK SHIPPED TO END CUSTOMER DLA BY ""*TBD***
FOR NSN: 8415016232476
SPEC: GUPD 13-06
!00006 _j 18415016232477SUB
10710112024 lo? 10112024
� L 10710112024
Order Number: 1620000223
TRUNKS,ARMY,APFU,SUB,FULL-ASSEMBL Y,2XL
NSN:8415016232477SUB
SIZE: XX-LARGE
COLOR: BLACK
VENDOR: *-TBD***
VENDOR# *-TBD***
RAW MATERIALS WILL BE FURNISHED BY UNICOR
FULLY ASSMBLED TRUNK SHIPPED TO END CUSTOMER DLA BY-*TBD*
FOR NSN: 8415016232477
SPEC: GLJPD 13-06
PART I: INFORMATION
This is a combined synopsis/solicitation for commercial items 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; offers are being requested and a written solicitation will not be issued. The solicitation number is CT2359-24 and this solicitation is issued as a Request For Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02. The North American Industry Classification System code is 315250, Cut and Sew Apparel Manufacturing.
This requirement is 100% set-aside for small business; small business size standard for this solicitation is 750 employees.
UNICOR, Federal Prison Industries, Inc., intends to issue a one-year base period of twelve (12) months fixed price requirements type contract.
This contract is for the following commercial item(s): Outside Cutting, Sewing, and Screen- Printing Services for the manufacturing of ARMY Physical Fitness Trunks. The finished products are for the Defense Logistics Agency Troop Support (DLA).
SEE SECTION B FOR LIST OF ITEMS, DESCRIPTIONS, AND QUANTITIES.
All items will be awarded to one offeror. Failure to submit an offer on all items may prevent an offer from being considered for award.
Any contract resulting from this solicitation will not be an obligation. Funds will be obligated by delivery orders.
Future requirements for these or similar services or items from this or other UNICOR factories may be added to the resulting contract if considered to fall within the scope of work and the price is determined to be fair and reasonable.
NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:
In the event the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the Contracting Officers at UNICOR giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.
Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the Contractor and as such, the Contractor will:
During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their
Order Number: 1620000223 most favored or best commercial customer.
1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor-
i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract;
ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, an/or
iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract.
2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).
The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.
The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date.
Statement of Work (SOW)
Background
The Federal Prison Industries program (now operating under the trade name UNICOR) was established in 1934 by an Executive Order issued by President Franklin D. Roosevelt. On January 1, 1935, FPI officially began operations as a wholly-owned corporation of the United States Government. More than eighty-seven years after its establishment, the program continues to operate at no cost to taxpayers and benefits communities across the Nation creating safer prisons and reducing inmate recidivism. The mission of Federal Prison Industries, Inc. (FPI) is to protect society and reduce crime by preparing inmates with job training and practical work skills for reentry success. UNICOR restores lives by being a thriving corrections program that provides marketable skills and qualifications for inmates to succeed as productive citizens in our communities. We are a diverse, team-based organization where collaboration and respect for the capabilities of all staff and inmates is valued through work that is fulfilling. We deliver a competitive advantage in quality, on-time delivery, service, and cost in an innovative and safe environment that makes us the preferred supplier to our customers. UNICOR has strategic goals:
- Maintain and develop meaningful work and job training opportunities to prepare inmates to become law-abiding citizens; – Ensure the corporation remains financially self-sustaining; – Prepare our staff to assume positions of greater responsibility by providing quality training and developmental opportunities.
Objective
Federal Prison Industries (UNICOR) is to enter into an agreement with a private sector company to provide production of military physical fitness trunks (ARMY).
Order Number: 1620000223
Scope
The scope and the purpose of this contract is to provide cutting, sewing, and screen-printing services of military physical fitness trunks conforming to: GL/PD 13-06D dated 2 February 2016.
Contractor is responsible for:
• Packing and processing shipments to Defense Logistics Agency Troop Support (DLA).
• Coordinating with FPI to schedule shipments against DLA contract SPE1C1-21-D-1472.
• Inspecting Final Garment. The finished product shall be inspected by the local Quality
Assurance Representative (QAR). The QAR's name and address shall be supplied to
UNICOR, FPI.
• Provide documentation from the Defense Logistics Agency Troop Suppot (DLA) for approval to screen print ARMY Logo on the trunks.
• Provide weekly cutting reports for each lot to FPI.
FPI will pay for the cost of shipping.
Materials
Unless otherwise agreed to by the parties in writing, FPI shall supply all required raw materials listed below to contractor free from charge, including all shipping costs. Upon receipt of raw materials and subsequent inspection the contractor shall notify FPI within 72 hours of any raw material discrepancies and/or damages and whether replacement of any materials is required.
FPI will provide an additional 2% overage of raw materials to mitigate and account for any damages and/or discrepancies.
Government Furnished Materials:
FAB0626 POLYESTER/SPANDEX, SIDE-PANEL-INSERT
CRD0068 BRAID, TUBULAR, CTT,9/16"DIA, BLACK
FAS9727 DRAWSTRING-BARREL-LOCK
FAS9734 FASTENER,3/4"/19MM-POLYPROPYLENE
LBL3836 LABEL, CLOTH, WHITE, BLANK,2"X3"
WEB0129 ELASTIC, BLACK,1-1/2"-WIDE
LBL8075 LABEL, RFID-L1080705,2"X4”, ODYSSEY, V-7 PALLET LABEL
TAB8075 RFID-HANGTAG-ODCS-HT-4"X2", HANG TAG
FAB0624 POLYESTER/SPANDEX, FOR-KEY/CHANGE, LINER
FAB0625 100%POLY, MICRO, DENIER, BLACK, SHELL
PAC0276A BAG, W9XL10-1/2XT1-1/4, PLASTIC, W/LOGO*
Contractor will be required to provide the following materials. All materials must be Berry Amendment Compliant:
1. PAC1637: BOX
BOX,L24-1/2XW16-1/2XD12#,SW,CF-SF,RSC-L
BOX,L24-1/2"xW16-1/2"xD12",SW,CF-SF,RSC-L,DOM
GRADE 275/44ECT LBS: FIBERBOARD BOX
U/M: EA
SHIPPING CONTAINER CONFORMING TO IAW ASTM-D-5118-TYPE CF,
STYLE RSC-L (LINER), GRADE 275/44ECT VARIETY SW, CLASS DOMESTIC.
WEATHER RESISTANT.
CRFD/PD 13-06 Rev. C DATED: January 07, 2015
BOX TO BE STENCILED IN ONE INCH HIGH LETTERS WITH:
NSN: 8415-01-623-_________
UNICOR,FPI
2.PAC1783: PALLET
PALLET,W48XL40,IV-OR-V,1,NON-REVERSIBLE
UNICOR PART: PAC1783
DESCRIPTION: PACKING
ADJECTIVE: PALLET TYPE: IV OR V
CLASS: 1
VARIETY: NON-REVERSIBLE GRADE: A OR B STYLE: 4-WAY, ENTRY WINGED
SIZE: #2 (W48 X L40)
MATERIAL: WELL SEASONED, COMMERCIALLY DRY LUMBER
MATERIAL MUST BE FREE FROM DECAY, WANES, LOOSE KNOTS, KNOTS THAT
WOULD INTERFERE WITH NAILING, AND FROM OTHER DEFECTS THAT WOULD
MATERIALLY LESSEN ITS STRENGTH.
""ALL WOOD PACKAGING MATERIAL (WPM) ACQUIRED BY DOD MUST MEET
REQUIREMENTS OF INTERNATIONAL STANDARDS FOR PHYTOSANITARY
MEASURES (ISPM) 15, "GUIDELINES FOR REGULATING WOOD PACKAGING
MATERIALS IN INTERNATIONAL TRADE. HEAT TREATMENT OR KILN DRIED HEAT
TREATMENT IN ACCORDANCE WITH AMERICAN LUMBER STANDARD
COMMITTEE, INCORPORATED."
(ALSC) WOOD PACKAGING MATERIAL PROGRAM AND WPM ENFORCEMENT
REGULATIONS (SEE HTTP://WWW.ALSC.ORG/)
Order Number: 1620000223
3.THD0968: THREAD
THREAD; POLYESTER-COVERED-TEX-30
UNICOR PART NUMBER: THD0968
TEX SIZE: T-30, TICKET SIZE: MF-70
TWIST DIRECTION (Z TWIST): LEFT (Z)
DESCRIPTION: THREAD
ADJECTIVE: POLYESTER WRAP
SIZE: TEX 30
COLOR: BLACK
U/M: YD
THE THREAD SHALL BE IN ACCORDANCE WITH STANDARD COMMERCIAL
PRACTICE,
THE COLOR OF THE THREAD SHALL BE A GOOD MATCH TO THE BASIC
MATERIAL.
THE FINISHED THREAD SHALL HAVE NO CHEMICAL FINISHES OR TREATMENTS
OTHER THAN THOSE COMMONLY USED ON COMMERCIAL THREADS. 12,000 YDS
PER CONE
TESTED.
IAW A-A-50199 VERIFIED PER CRFD/PD 99-01B DATED MARCH 05,2008
AND/OR CR/PD 04-07A DATED JUNE 11, 2007
CERTIFICATE OF CONFORMANCE IS REQUIRED.
MATERIAL MUST BE COMPLIANT WITH DFARS 252.225.7012.
PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES.
TEST REPORTS ARE REQUIRED I.A.W. D.P.S.C.M.4155.3
Payment
Upon shipment of finished goods for designated line-item number (CLINS) in Virtual Inventory Manager (VIM) contractor shall submit to FPI the following corresponding documentation:
1) Signed bill of lading
2) Material inspection and receiving report (DD250)
3) Invoice consistent with shipment.
Documents to be sent to:
Daniel Henderson Program Manager 400 First Street NW Washington, DC 20534 Office: 202-305-3523 Cell: 202-302-4891 Email: Daniel.Henderson2@usdoj.gov
Order Number: 1620000223
CT2359-24
mailto:Daniel.Henderson2@usdoj.gov
Government Furnished Material: All items will be provided to the successful offeror as government furnished property after award and the offeror will be required to acknowledge the receipt of the items in writing. Any requested changes to the items must be made in writing to the contracting officer. No changes may be made to the items without prior approval from the Government. The Government can request these items be returned at any time and the Offeror agrees they are furnished as Government Property.
The offeror is responsible for any damages caused to these items by the offeror while in its possession. The offeror is to submit a written quote to the government for repair work prior to any work being performed. The contracting officer will provide written. authorization to the offeror to proceed with repairs if deemed necessary. UNICOR may elect to send its representative to the successful offerors facility to inspect the items at any time.
WAGE DETERMINATION APPLICABLE TO THIS CONTRACT: The Service Contract Act (SCA) applies to this contract. Payment will be made to individuals used in the performance of this contract at the rates of wages contained in the wage rate determination.
Packaging shall comply with the specifications of ASTM D-3951-95, standard practice for commercial packages.
INVOICES ARE TO BE MAILED TO:
UNICOR, Federal Prison Industries Central Accounts Payable P.O. Box 11849 Lexington, KY 40578-1849 ATTN: Supervisory Operating Accountant
PH: 1-800-827-3168
Or
INVOICES ARE TO BE EMAILED TO:
Accounts.payable@usdoj.gov
PART II: FAR CLAUSES
52.204-4, Printed or Copied Double-Sided on Recycled Paper (MAY 2011)
52.211-16, Variation in Quantity (APR 1984) of ten percent (10%) increase or ten percent (10%) decrease, applied to the quantity per line item in each delivery order.
52.212-4, Contract Terms and Conditions - Commercial Items (NOV 2023)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (FEB 2024)
(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:
Order Number: 1620000223
(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 (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)).
(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.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (JUN 2020) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (NOV 2023) (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).
_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (6) [Reserved].
_x_ (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).
_x_ (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.
Order Number: 1620000223
(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. 6101note).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.657a).
__ (16) (i) 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] _X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).
__ (ii) Alternate I (Mar 2020) (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.
_x_ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (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.
_X_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C.637(a)(14)).
__ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (SEPT 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).
_X_ (26) (i) 52.219-28, Post Award Small Business Program Representation (SEP 2023) (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. 637(a)(17)).
_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023) (E.O.13126).
_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
Order Number: 1620000223
_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (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.
_x_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_X_ (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. chapter78 and E.O. 13627).
__ (40) 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 items as prescribed in 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. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (52) 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.
Order Number: 1620000223 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 (NOV 2023) 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. 2302 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 Items (NOV 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).
___ (61) 52.232-30, Installment Payments for Commercial Items (NOV 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).
_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).
_X_ (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. Appx. 1241(b) 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 items:
[Contracting Officer check as appropriate.]
_x_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
_x_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_x_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and
Order Number: 1620000223
41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
_x_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).
_x_ (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 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 (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 KasperskyLab 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
Order Number: 1620000223
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 (Sep 2023) 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 2015) (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 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).
(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
Order Number: 1620000223
(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) Alternate II (Dec 2023). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(D) 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).
(E) 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).
(F) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(G)(1) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) (Pub. L. 115–390, title II).
(2) Alternate I (Dec 2023) 52.204-30.
(H) 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.
(I) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(J) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(K) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(L) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(M) 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.
(N) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(O) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
__ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(P) 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).
(Q) 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).
(R) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).
(S) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(T) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(U)__ (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
__ (2) Alternate I (Jan 2017) of 52.224-3.
(V) 52.225-26, Contractors Performing Private Security Functions Outside the United States
Order Number: 1620000223
(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).
(W) 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.
(X) 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.
(Y) 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.
52.216-21, Requirements (Oct 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;
provided, that the Contractor shall not be required to make any deliveries under this contract after 60 calendar days after contract validity end.
Order Number: 1620000223
52.217-7 Option for Increased Quantity—Separately Priced Line Item, MAR 1989
52.217-8 Option to Extend Services (NOV 1999)
52.217-9 Option to Extend the Term of the Contract (Mar 2000).
(a) The Government may extend the term of this contract by written notice to the Contractor within __7 days___ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __14___ days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _1_ (years).
52.222-50, Combating Trafficking in Persons (NOV 2021)
52.232-18, Availability of Funds (APR 1984)
52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)
52.246-15, Certificate of Conformance (APR 1984) With the original invoice, the vendor will furnish the original Certificate of Conformance that will be signed by the person who has certification authority with their title and position included.
A copy of this Certificate of Conformance and the packing slip will accompany each shipment.
The furnishing of the Certificate of Conformance will be a condition of acceptance at destination and payment will not be made until it is received. Inspection and acceptance will be by FPI.
Awardee must maintain documented evidence that demonstrates the traceability of the materials that the Awardee provides for this contract/purchase order. The Awardee's Certificate of Conformance shall only be signed by the individual who is the Awardee's authorized Quality Representative, or acting Quality Representative.
52.252-2 Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
___________www.acquisition.gov__________________
52.252-6, Authorized Deviation in Clauses (NOV 2020).
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Local Level Economic Price Adjustment clause (48 CFR Chapter 16) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
JAR 2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAN 1985)
(a) TBD is hereby designated to act as Contracting Officer's Representative (COR) under this contract. (Full Text)
(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.
(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing and signed.
2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (JAN
1998)
(a) The following definitions apply in this provision:
(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.
(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.
(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.
(b) A protest filed directly with the Department of Justice must:
(1) Indicate that it is a protest to the agency.
(2) Be filed with the Contracting Officer.
(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.
(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments…
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