RFQ 19MX5325Q0021-Amendment 0001.docx

RFQ 19MX5325Q00021 – Seneca Elevator

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Scope of Services A. The Contractor shall repair by replacement one machine room elevator and install a new machine room less elevator at the U.S. Embassy Mexico City in accordance with the specifications and terms and conditions set forth herein.

B. This is a firm-fixed price type of purchase order.

C. The prices listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items on the date and to the location stated in paragraph IV, Delivery Instructions.

Pricing All prices are in [enter the name of the currency].

General A. The intent of this Work is to replace 1 MR elevator at a U.S. Government-owned apartment building in Mexico City.

B. Elevator designation: #1 passenger elevator.

C. The Elevator portion of this Work shall be “turn-key” ready for the owner, meaning all elevator work shall be completed by the contractor in accordance with regulatory safety requirements and manufacturer requirements prior to approval for passenger use.

D. Sections designated as “Work by Others” in this scope of work shall be completed in cooperation with Post. These items will either be added to their Facility work plan or will be delegated to subcontractors chosen by the elevator contractor.

E. Absolutely no open flame to include but not limited to burning or welding shall be used inside the residence.

F. NOTE: Trash and debris shall be kept organized and removed from the site every day.

G. A one-year minimum warranty for equipment, materials, and workmanship, shall be effective from the date of final acceptance.

Work to be Performed A. Machine Room/Control Room: Elevator Contractors responsibility.

1. Remove the existing controller and replace it with a new electric traction controller.

2. Remove all MR elevator equipment in its entirety.

3. Remove and dispose/recycle of all used hydraulic oil in an environmentally friendly manner.

4. All gaps in the machinery room floor must be covered and there must be no communication between the current machinery room and the elevator shaft.

5. Electrical piping from the new disconnects to the new elevator equipment is the responsibility of the elevator contractor.

B. Machine Room/ Control room: Work by Others.

3. The mainline disconnects shall be fused to meet the new elevator equipment amperage requirements, coordination from the elevator contractor is required

3. Removal of all existing piping and wiring associated with the MR elevator as well as abandoned piping and wiring.

C. Hoistway: Elevator Contractors Responsibility.

3. Repair all new penetrations in hoistway walls with 2-hour fire caulk or fire rated material.

3. Existing holes or penetrations shall be brought to the attention of the project manager for resolution.

D. Pit: Elevator Contractors Responsibility

3. Provide a “S” and “P” wave seismic detector with battery backup.

3. Provide new mushroom style stop switch in close proximity of the pit ladder.

3. All new wiring to be installed in metal pipe with appropriate fittings with no exposed wire.

3. Pit walls to be cleaned and painted.

3. Color to be white E. Electrical Service, Conductors and Devices: Elevator Contractor responsibility

3. Provide an emergency autodialing (handsfree) telephone and announcement speaker integral to the car operating panel, connected to the elevator control panel. Emergency phones shall have battery backup when they are powered by the building power supply. (Elevator only)

3. Conductors, wiring and cable in the scope of this project shall be new and installed in accordance with applicable codes. Installations in metal conduits are required for machine room, hoistway, and Pit.

F. Electrical Service, Conductors and Devices: Work by Others

3. Provide the code required lighting and Ground Fault Circuit Interrupt (GFCI) convenience outlets in all elevator spaces including: the hoistway, pit, and machine room.

3. The hoistway and pit lighting shall not be less than 50 lux (5ftc) @ 1 m (39 inches) measured at the car top and pit floor. The machine room illumination shall not be less than 200 lux (20 ftc) at floor level.

3. Provide shatterproof guards for all lights.

Products A. Summary- Elevators Equipment Profile

Car Doors:

Hoistway doors:

Provide new Provide new

Car enclosure:

Car sill:

Provide new Provide new.

Provide new: accessibility signage (all cars) to meet the current requirements.

Provide for automatic releveling

B. Operation Control

1. Selective Collective Microprocessor Based:

Elevator operation shall be fully automatic by means of the car and landing buttons. Stops registered by the call requests from within the car or landing buttons shall be made in the order in which the landings are reached, in each direction of travel. The first car or landing button actuated shall establish the direction of travel. “UP” landing calls shall be answered while the car is traveling in the up direction and “DOWN” landing calls shall be answered while the car is traveling down. The car shall reverse direction after the uppermost or lowermost car or landing call has been answered, and shall proceed to answer car calls and landing calls registered in the opposite direction of travel.

2. Firefighters’ Operation:

Provide main and alternate landing recall. Verify that the existing fire alarm modules are capable of automatically recalling the elevators. Testing of these functions will occur at final acceptance. Programming the recall floors shall be determined by OBO FIR fire protection engineer:

(a) Main recall landing shall be Ground floor/main lobby

(b) Alternate landing recall shall be the second level.

C. Elevator Control Equipment

1. Controllers:

(a) The controller shall be CE/UL/CSA labeled.

(b) Compartment: Securely mount all assemblies, power supplies, chassis switches, relays, etc., on a substantial, self-supporting steel frame. Completely enclose the equipment with covers. Provide a means to prevent overheating. The main controller shall be located in the machine room.

(c) Relays and Contactors: Relays and contactors shall be of serviceable or replaceable type. Devices which are permanently embedded are strictly prohibited.

D. Elevator Hoistway Equipment

1. Car Rails: Provide new Rail fastenings will be such that the assembly is stable and rigid with no deflection during operation, testing and safety engagement.

2. Terminal Stopping:

Provide new shaft limit switches.

3. Pit Equipment:

(a) Buffers shall have identification tags with relative ratings and capacities.

(b) Counterweights to have a full guard in the pit with access to measure runby during inspections and be stenciled with the MAX CWT RUNBY = _____________ E. Electrical Wiring and Wiring Connections:

1. Provide copper wiring throughout. Conductors shall be individually coded and connections made on identified studs or terminal blocks. Termination points shall correspond to the provided wiring diagrams. Provide 10% spare conductors throughout. Identify spares conductors at termination points.

2. Conduit: All wiring shall be installed in painted or galvanized steel electrical conduit, Electrical Mechanical Tubing (EMT) or duct. Conduit shall be adequately supported, installed plumb and level, and supplied with appropriated fittings for termination at devices. Conduit size, 19 mm (0.74in.) minimum. Flexible conduit is permitted in lengths of 1.8m (6 feet) or less. Flexible heavy-duty service cord may be used between fixed car wiring and car door switches for door protective devices.

3. Traveling Cables: Provide new traveling cables with flame and moisture-resistant outer covers. Hang traveling cables in a manner that will prevent rubbing or chafing against the hoistway or equipment within the hoistway. Separate and clearly identify spare wires at both termination points.

4. Auxiliary Wiring:

(a) Connect the in-car emergency phone to the building phone line.

(b) Connect the main and alternate fire recall wires to the controller.

F. Hoistway Entrances, Doors, and Door Equipment:

Provide new

G. Elevator Car Equipment:

1. Provide a new car top inspection station consisting of an “inspection and normal” operation toggle switch, a mushroom style stop switch, individual up and down buttons, and a common run (safety) button.

2. Car door equipment:

Provide new, fully automatic side 2 panels, heavy duty telescopic opening 2 panels stainless steel. Include full height protocell with safety edge device.

3. Car Door Safety edge:

Provide new.

(a) Infrared Reopening Device: Black, fully enclosed device with full screen infrared matrix or multiple beams extending vertically along leading edge of each door panel. Device shall prevent doors from closing and reverse doors at normal opening speed if, beams are obstructed while doors are closing, except, during nudging operation. In the event of device failure, provide for automatic shutdown of car at floor level with the doors open.

(b) Nudging Operation: After the beams of door control device (door reopening device) are obstructed for a predetermined, adjustable time interval (minimum 20.0 - 25.0 seconds), a warning signal shall sound and doors shall attempt to close with a maximum of 2.5 foot pounds kinetic energy. Activation of the door open button shall override nudging operation and reopen doors.

(c) Interrupted Beam Time: When the beams are interrupted during an initial door opening, the doors shall remain (door hold time) open a minimum of 3.0 seconds. When the beams are interrupted after the initial 3.0 seconds door hold time, will reduce to an adjustable time of approximately 1.0 - 1.5 seconds after beams are re-established.

H. Car Operating Panels:

Provide new

1. Communication System:

Provide a new code compliant two-way communication device in the car operating panel with automatic dialing (push button), tracking and recall features, supplied with shielded wiring to the guard booth. Provide a dialer with automatic rollover capability that will dial a minimum of two numbers consecutively if one is busy. The first number shall be the Marine Post one.

I. Seismic:

OBO ISC 2009 Overseas Buildings Operations – International Code supplement confirms Mexico City is a Seismic Zone “3”. Therefore seismic devices are required.

Execution A. Site Condition Inspection Prior to the installation of new equipment, examine the hoistway and machine spaces to verify that no irregularities exist which will affect the execution of the work specified. Do not proceed with the installation until identified variations have been resolved by an OBO approved method.

B. Field Quality Control Work at the jobsite will be routinely checked during the course of the installation. It is required that the contractor fully cooperate with the reviewing personnel. Any deficiencies identified during the course of periodic site surveys shall be corrected immediately and prior to any further work continuation.

Preparation and commissioning the elevator Work must be conducted in accordance with, and comply with, the applicable national regulatory framework, including applicable environmental, labor, building and safety regulations. The obligation to comply with national law vests solely with the contractor. Technical certification and conformance assessment with technical regulations.

Training The contractor is obliged to train the staff of the building owner on the operation of the elevator, support preparing and maintaining of the necessary documentation in accordance with applicable operating regulatory documents, support in search and the conclusion of the contract with the relevant organization on service of elevator.

Final Acceptance If the Contracting Officer is satisfied that the work under the contract is complete (with the exception of continuing obligations), the Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment upon:

A. Satisfactory completion of all required tests.

B. Review and evaluation by the contractor of all aspects of the work prior to requesting OBO’s final review.

1. Work shall be considered ready for OBO’s final contract compliance review when copies of contractors’ test and review sheets are submitted and approved and the elevator (s) deemed ready for testing and subsequent service. Acceptance Review

2. A final inspection that all items by the Contracting Officer listed in the Schedule of Defects have been completed or corrected and that the work is finally complete (subject to the discovery of defects after final completion), and

3. Submittal by the Contractor of all documents and other items required upon completion of the work, including a final request for payment (Request for Final Acceptance).

4. All work shall be subject to an acceptance review prior to final acceptance.

5. Speed, capacity, floor-to-floor, and door performance relative to the Contract Documents will be reviewed and accepted.

C. Satisfactory performance of the following:

1. Starting, accelerating, running

2. Decelerating, stopping accuracy

3. Door operation and closing force

4. Equipment noise levels

5. Signal fixture utility

6. Overall ride quality

7. Performance of door control devices

8. Operations of emergency two-way communication device

9. Operations of firefighters' service

10. Measured motor and drive currents

11. Leveling and releveling

D. Test Results:

In all test conditions, obtain specified contract speed, performance times, stopping accuracy without re-leveling, and ride quality to satisfaction of the OBO. Tests shall be conducted under both no load and full load conditions.

E. Contract Closeout

1. Testing Procedures Provide testing procedures and documentation for all required tests and inspections.

2. Wiring Diagrams:

Provide straight-line wiring diagrams of all “as-installed” elevator circuits. Provide one additional electronic set as a reproducible master in a PDF format. Maintain all drawing sets with the addition of all subsequent changes. These diagrams are the Purchaser’s property.

3. Provide upgrades and/or revisions of software during the progress of the work, warranty period and the term of any ongoing maintenance agreement between the Purchaser and Provider.

Warranty A. The work shall include maintenance coverage for one year following the project completion.

B. Material and workmanship shall comply in every respect with the contract documents.

C. The provider shall correct any defective material or workmanship flaws which develop within one year from date of final acceptance, at no additional cost. Exclusive to this are issues which occur from improper use or improper care by the Purchaser.

D. The elevator installation contractor shall be certified and have at least 5 years experience in maintenance, modernization, and construction of the elevator equipment being supplied.

Comprehensive maintenance plan A detailed comprehensive maintenance plan starting from the end of the 1-year free maintenance period ensuring the following:

A. The safety and comfort of passengers using the equipment.

B. The accuracy and reliability of the equipment performance.

C. That preventative maintenance is always carried out.

D. That the equipment and associated spaces are always kept clean and presentable.

Jobsite Verification A. It is the sole duty of the contractor to review the contract documents and site conditions and to verify product compatibility. Site alterations due to product requirements shall be submitted for review fourteen (14) days prior to the bid due date.

Project Completion Project completion is established by a successful completion of a final acceptance test and the resolution of all “punch-list” items. Notification of acceptance is at the discretion of OBO Elevator Program Management and will be issued in writing.

Structural Modifications No structural modifications to hoistway are allowed.

It is understood that when replacing the existing hydraulic elevator with a traction MRL elevator additional space in the hoistway is required for the counterweights, which reduces the size of the new cab and its capacity. Engineering of the new MRL elevator needs to be done carefully so every spare inch of existing space is used to get the maximum cab size, speed and capacity.

Permits, Testing and Inspection A. The Contractor shall Perform all tests required by OBO Elevator Management.

B. Final safety and acceptance tests will be witnessed by OBO Elevator Management. Scheduling notifications for testing are required fifteen (15) business days in advance. The OBO inspection checklist must be filled out completely and sent to OBO for review before travel by an OBO representative will be scheduled. The contractor shall provide any necessary test weights and calibrated test tools (i.e. tachometer, amp-probe etc.).

C. Final inspection and tests will be started not later than the date specified in the notice unless the Contracting Officer Representative determines that the work is not ready for final inspection and so informs the Contractor.

D. Protection of the cab floor during testing is required.

E. The COR, or his/her authorized representatives, will inspect from time to time the services being performed and the supplies furnished to determine whether work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

F. The Contractor shall be responsible for any countermeasures or corrective action, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.

Quality Standards A. Compliance with Regulatory Agencies:

Comply with most stringent applicable provisions of following Code and/or Authority, including revisions and changes in effect on the date of this specification:

B. Standards:

The most current version of the following at time of award:

1. EN81-20:2014 Safety Rules for the construction or installation of Lifts (Electric Lifts)

2. EN81-21 New passenger and goods passenger lifts in existing buildings

3. EN81-28 Remote alarm on passenger and goods lifts

4. EN81-50:2014 Examinations, Calculations, and tests of lifts components

5. EN81-58 Landing doors fire resistance

6. EN81-70 Accessibility to lifts for persons with disabilities

7. EN81-72 Safety rules for the construction and installation of lifts - Particular applications for passenger and goods passenger lifts - Part 72: Firefighters lifts

8. EN81-71 Vandal resistant lifts

9. EN81-73 Behavior of lifts in event of a fire

10. EN 81-77 2018 Safety rules for the construction and installations of lifts - Particular applications for passenger and goods passenger lifts - Part 77: Lifts subject to seismic conditions

11. OBO- ICS IBC

12. OBO 2018 Design Standards: E0905 Vertical Transportation

13. Installed equipment not meeting these requirements shall be removed and replaced with conforming equipment at no cost to the US Government.

Delivery Instructions A. Any Contractor personnel involved with the delivery and install of the equipment shall comply with standard U.S. Embassy regulations for receiving supplies and access to facilities.

B. The Service shall be performed at the address that will be provided upon award.

Invoicing The Accounts Payable section of the U.S. Embassy has a paperless Voucher processing system known as ILMS VENDOR PORTAL. The guidelines will be provided to the awarded vendor. to submit a payment request through the VENDOR PORTAL. Paper or emailed invoices are no longer accepted.

Please include the following documents with:

1. Original PDF electronic invoice (no scanned copies).

2. Banking form information (for new vendors, completed and signed).

3. COR’s Name Invoice Requirements To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905, as well as the following minimum requirements:

1. Electronic Invoice;

2. Contractor’s name and complete legal address;

3. Contractor’s Tax ID (RFC) and SAM Unique Entity ID

4. Date issued;

5. Issue Invoice as follows:

Embajada de los Estados Unidos de America Paseo de la Reforma No. 305, Colonia Cuauhtémoc, Mexico, D. F., C.P. 06500;

RFC: EEU 930201 289

6. Period of performance being charged;

7. Contract number / Task Order Number;

8. A summary of each services provided as stated in the Task Order. It should include the cost breakdown of each line item.

9. IVA broken down (if applicable);

10. Amounts shall be in numbers and spelled out;

11. Prompt payment discount, if any.

If an invoice does not contain the above information, the United States Government reserves the right to reject the invoice as improper and return it to the Contractor within seven (7) calendars days. The Contractor must then submit a proper invoice.

Quality Assurance and Surveillance Plan (QASP) This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Services.

Performs all furnish and delivery services set forth in the scope of work.

I thru XIII

All required supplies are delivered and no more than one (1) customer complaint is received.

Elevator Supporting Photos, Drawings, and Details

Concrete walls

PURCHASE ORDER CLAUSES

COMMERCIAL ITEMS

FAR 52.2522 Clauses Incorporated By Reference (FEB 1998) This purchase order or BPA incorporates the following 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 address: https://www.acquisition.gov/far DOSAR clauses may be accessed at: http://www.statebuy.state.gov/dosar/dosartoc.htm

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES

Clauses Incorporated in Full Text

THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 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:

(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)).

(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:

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (4) 52.203-17, 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).

☐ (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).

☐ (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).

☐ (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. 637(a)(17)).

☐ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

☐ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☐ (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.

☐ (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).

☒ (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) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (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 (May 2024) ( 42 U.S.C. 7671, et seq.).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

☐ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

☐ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

☐ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐ (ii) Alternate I (Oct 2022) of 52.225-1.

☐ (49) (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.

☐ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☒ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

☐ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☒ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

☐ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

☐ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

☐ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

☐ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

☐ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

☐ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, 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 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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 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) 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions.

As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

0. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

1. Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

1. Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

0. Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

1. Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

1. Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures.

The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation.

The Offeror represents that—

1. It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

1. After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

1. Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

1. For covered equipment—

1. The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

1. A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

1. Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

1. For covered services—

1. If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

1. If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

1.…