Solicitation 19SA4025R0005 PM Service Elevators.pdf
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- 19SA4025R0005 Solicitation PM Service Elevators Federal contract opportunity
- Solicitation number
- 19SA4025R0005
- Issued by
- Department of State
About this file
This is a solicitation (RFP #19SA4025R0005) issued by the U.S. Consulate General in Jeddah, Saudi Arabia for routine preventive maintenance services for four Fujitech elevators. The solicitation seeks a contractor to maintain the elevators in safe, reliable and efficient operating condition through monthly scheduled maintenance visits, 24-hour emergency callback service (1-hour response for entrapments), and component replacements as needed.
The contractor must submit proposals by March 20, 2025 at 5:00 PM, with a pre-proposal site visit scheduled for March 5, 2025 at 10:00 AM. This is a firm-fixed-price contract with one base year and four one-year option periods. Key requirements include following manufacturer specifications, providing all necessary labor, materials, tools and equipment, maintaining emergency lighting and communication devices, and conducting annual "No-Load" and five-year "Full Load" safety tests. The contractor must be registered in SAM.gov, provide proof of required insurance coverage (including SAR 5-10 million liability coverage), and obtain necessary permits and licenses. Interested contractors should email JeddahContractingoffice@state.gov to arrange site visit attendance by February 18, 2025.
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SBU - CONTRACTING AND ACQUISITIONS
TABLE OF CONTENTS
Section 1 - The Schedule
• SF 1449 cover sheet
• Continuation To SF-1449, RFP Number 19SA4025R0005, Prices, Block 23
• Continuation To SF-1449, RFP Number 19SA4025R0005, Schedule Of
Supplies/Services, Block 20 Description/Specifications/Work Statement
• Exhibit A -List of Elevators to be Maintained
Section 2 - Contract Clauses
• Contract Clauses
• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12
Section 3 - Solicitation Provisions
• Solicitation Provisions
• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part
Section 4 - Evaluation Factors
• Evaluation Factors
• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12
Section 5 - Representations and Certifications
• Offeror Representations and Certifications
Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not
Prescribed in Part 12
PM Service Elevators Solicitation 19SA4025R0002
1 SBU - CONTRACTING AND ACQUISITIONS
SOLICITATION/CONTRACT/ORDER FOR COMI\IERCIAL ITEI\IS l. REQUISITION PAGE 3 OF 70 OFFEROR 70 COMPLETE BLOCKS 12. 17, 23. 24, & 30 NUMBER PRISl52112
2. CONTRACT NO. 3.A WARD/EITECTIVE 4. ORDER NUM13ER 5.SOLICITA TION 6. SOLICITATION ISSUE
DATE NUMBER DATE
l 9SA4025R0005 f-eb 13, 2025
7. FOR SOLICITATION a. NAME b. TELEPHONE 8. OFFER DUE DATE/
INFORMATION CALL) ► NUMBER(No collect calls) LOCAL TIME 1700 !lours Robert Blakeslee +966-12-699-3082 March 20, 2025@ 5 PM
9. ISSUED 13Y I 10. TIIIS /\CQUISITION 11. DELIVERY FOR 12. DISCOUNT TERMS
Contracting Officer [81 UNRESTRICTED DESTIN/\TION Consulate General of the United States of 0 SET ASIDE: % UNLESS BLOCK IS America Jcddah, Saudi Arabia MARKED
0 SEE SCHEDULE
Tel:+966- 12-220-5000 0 13a. Tl IIS CONTRACT IS /\ RATED ORDER Fax: +966-12-220-5000 UNDER DPAS (IS CFR 700)
Email: JcddahContractingoflicc(a)state.gov 13b. R/\TlNG
14. METHOD OF SOLICITATION
FOR
0 SM/\LL 13USINESS
0 I-IUl3ZONE SMALL
DUSINESS
D 8(A)
N/\ICS: 333921
SIZE STD: D RFQ OIFB [81 RFP
15. DELIVER TO I 16. ADMINISTERED 13Y CODE I
US Consulate General, Jeddah, Saudi Arabia Same as block# 9, above NEW Compound, Mohammcdia District.
l 7a.CONTRACTOR/ I I �ACILIT I 18a. P/\ YMENT WILL BE MADE BY CODE
I CODE
Designated 13illing Office: DBO (Designated Billing office) Co11s11/ate General of the United States of America in Jeddah Saudi Arabia P.O. Box 149 Jcddah 21411, Kingdom of Saudi /\rabia Tel:+966- 12-667-0080 Fax: +966-12-669-3082 Email: JcddahDBO@state.gov
_. .... f"'I) ,,....,. ,._ lr. Ir'\
0 17b. CHECK IF REMl1TANCE IS DIFFERENT /\ND PUT 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS
SUCH ADDRESS IN OFFER BLOCK BELOW IS CHECKED [81 SEE ADDENDUM
19. 20. 2 I . 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Routine Elevators Preventive Maintenance Services at the US Consulate General Compound in Jeddah, Saudi Arabia, see section 1 - The Schedule.
Four (Units) Elevators - Exhibit A
25. ACCOUNTING AND APPROPRIATION DAT/\ 26. TOT AL A WARD AMOUNT
SAR
18] 27a SOLICITATION INCORPORATES BY REFERENCE F/\R 52.212-1, 52.212-4. F/\R 52.212-3 AND 52.212-5 ARE A TI"ACI-IED.
ADDENDA 1:8] ARE 0 /\RE NOT AHACHED.
0 27b. CONTRACT/PURCIIASE ORDER INCORPORATES 13Y REFERENCE FAR 52.212-4. FAR 52.2I2-5 IS AH ACHED. ADDENDA 0
/\RE 0 ARE NOT AHACI-IED.
0 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND 0 29. /\ WARD OF CONTRACT: REf' .. ;, RETURN J COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO
FURNISH AND DELIVER ALL ITEMS SET FORTI-I OR OTHERWISE
IDENTIFIED ABOVE AND ON ANY ADDITIONAL SI IEETS SUBJECT TO
OFFER D/\ TED ·
s
!l;efl'
G � SOLICIT/\ TION (BLOCK 5), IN��\), ��� [:} ;pONS
OR CHANGES w1-11c1 1 ARE s � r�r hm 8N. S'.... \ 30a. SIGNATURE OF OFFEROR/CONTR/\CTOR
30b. NAME AND TITLE OF SIGNER (TYPE OR I
30c. DATE SIGNED
PRINT)
31a. UN��
T • /\TES
I· ERICA
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CONTI//.
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'\�··,;,"-�--.. � -j.,77 -) -� " � -'o/-.o�-- *
31 b. NAME OF tONTRACTING OFFICER '· ":Hc!l�rE SIGNED Robert Blakeslee February 13, 2025
SBU - CONTRACTING AND ACQUISITIONS
SECTION 1 - THE SCHEDULE
Continuation/Addendum to SF-1449
RFP Number 19SA4025R0005
PRICES, BLOCK 23
1.0 DESCRIPTION
The U.S. Consulate General in Jeddah, Saudi Arabia requires services to maintain building elevators in safe, reliable and efficient operating condition. The contract type is a firm fixed price contract for routine maintenance services paid at the monthly rate below. These rates include all costs associated with providing elevator maintenance services in accordance with manufacturer’s warranty including materials, parts, labor, insurance (see FAR 52.228-4 and
52.228-5), overhead, profit and VAT (if applicable).
The performance period of this contract is from the date stated in the Notice to Proceed. At the discretion of the Contracting Officer, the term of the contract can be extended for four one-year option periods. The initial period of performance includes any transition period authorized under the contract.
2.0 PRICING
2.1 VALUE ADDED TAX
Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to VAT are:
2.2 Base Year - The Contractor shall provide the services shown below for the base period of the contract, starting on the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are:
Line
Item Description
Number of
Equipments
Monthly
Price/ SAR x 12
Months
Annual Total
SAR
Routine monthly maintenance for all elevators described in
Exhibit A
As per
Exhibit A
2 VAT Amount
Total Amount with VAT for Base Periods in SAR
3 SBU - CONTRACTING AND ACQUISITIONS
2.3 Option Year 1 - The Contractor shall provide the services shown below for Option Year 1, starting one year after the date stated in the Notice to Proceed and continuing for a period of 12 months.
Number of
Equipments
Monthly
Price/ SAR x 12
Months
Annual Total
SAR
Routine monthly maintenance for all elevators described in
Exhibit A
2.4 Option Year 2 - The Contractor shall provide the services shown below for Option
Year 2, starting two years after the date stated in the Notice to Proceed and continuing for a period of 12 months.
Number of
Equipments
Monthly
Price/ SAR x 12
Months
Annual Total
SAR
Routine monthly maintenance for all elevators described in
Exhibit A
2.5 Option Year 3 - The Contractor shall provide the services shown below for Option Year 3, starting three years after the date stated in the Notice to Proceed and continuing for a period of
12 months.
Number of
Equipments
Monthly
Price/ SAR x 12
Months
Annual Total
SAR
Routine monthly maintenance for all elevators described in
Exhibit A
2.6 Option Year 4 - The Contractor shall provide the services shown below for Option Year 4, starting four years after the date stated in the Notice to Proceed and continuing for a period of 12 months.
Number of
Equipments
Monthly
Price/ SAR x 12
Months
Annual Total
SAR
Routine monthly maintenance for all elevators described in
Exhibit A
4 SBU - CONTRACTING AND ACQUISITIONS
2.7 Grand Total of Base and All Option Years including VAT Amount
Base Year Total
Option Year 1 Total
Option Year 2 Total
Option Year 3 Total
Option Year 4 Total
GRAND TOTAL- BASE AND ALL OPTION YEARS
3.0 NOTICE TO PROCEED
After contract award and submission of acceptable insurance certificates and copies of all applicable licenses and permits, the Contracting Officer will issue a Notice to Proceed. The
Notice to Proceed will establish a date (a minimum of ten (10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.
5 SBU - CONTRACTING AND ACQUISITIONS
CONTINUATION/ADDENDUM TO SF-1449
RFP Number 19SA4025R0005
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATION/WORK STATEMENT
1.0 SCOPE OF WORK
The American Consulate Jeddah – Saudi Arabia requires the Contractor to maintain the elevators identified in Exhibit A in safe, reliable and efficient operating condition. The
Contractor shall provide all necessary managerial, administrative and direct labor personnel, and as well as all necessary transportation, equipment, tools, repair parts, supplies and materials required to perform inspection, maintenance, repair, and component replacement as required to maintain the elevators in accordance with the manufacturer's specifications. Under this contract the Contractor shall provide the following.
A. Provide a full service maintenance agreement written in English. Full service maintenance means that all parts, materials, supplies and labor are included with the exception of repairs made due to acts of force majeure and misuse.
B. Monthly, scheduled maintenance visits which follow the systematic approach defined in the approved maintenance check chart. See item ix.
C. 24 hour call back service. Entrapments or accidents involving vertical transportation equipment are automatically an emergency call back, as is a condition where all units are out of service. These calls should have a 1 hour maximum response time. Other call backs should carry a maximum response time of 24 hours. This work is inclusive to the contract pricing and is not billable unless caused by acts of force majeure and/or misuse.
D. Labor rates for work that is billable. This includes work not covered by the terms (i.e. vandalism repairs) and overtime rates .This should include rates for a mechanic/technician and an apprentice/helper.
E. A term that follows the 1+4 option year(s) model and will not automatically renew annually. Provide pricing for: Base Year & Option Years 1-4, with any applicable escalations.
F. Payment terms are for services rendered and not in advance.
G. Clear and concise qualifications which prove an aptitude for the specific types of equipment. This should include any specific training the contractor has and other locations with similar equipment. With this, a list of technicians who will visit Post to service the equipment.
H. Included in the price, the contractor will obtain, in a timely fashion, any spare parts required to restore safe operations.
I. An equipment specific maintenance check list that will be filled out during each visit. This document should reflect the specific maintenance requirements for a piece of equipment and is required to be posted in the elevator machine space.
J. A schedule that defines the exact day, each month, maintenance will occur, and the duration of time required. Also, a list of tools being brought on site.
Note: There are rare occurrences when the facility is not able to accept the contractor on the proposed date. During these periods, the Contractor is required to arrange a new, agreed upon date to complete monthly maintenance.
6 SBU - CONTRACTING AND ACQUISITIONS
Provisions for testing. The contractor should provide Post with “point of contact” information for a local Qualified Elevator Inspector (QEI) who will witness testing of the equipment. The third party inspector cannot work for the contractor and should be paid by Post directly. Testing requirements are:
Annual “No-Load” Safety Tests and Five Year “Full Load” Safety Tests in accordance with local regulations unless otherwise stated. The contractor shall provide all necessary procedures, labor, testing equipment and test weights.
K. Inclusive to the price will be the following:
a. To supply and replace batteries for the emergency lighting.
b. To maintain the in car emergency communication device in working order. Note: Exclusive to this, Post will maintain an active phone line to the connection point.
c. To supply and replace any key switches which operate elevator components. Note: Keys are the responsibility of Post.
2.0 HOURS OF PERFORMANCE
The Contractor shall schedule all routine maintenance and repair work during normal building hours which are defined as 7:00 to 17:00 Sunday to Thursday, excluding local and
American holidays, unless approved in advance by the Contracting Officer's Representative
(COR).
3.0 ACCESS TO GOVERNMENT BUILDINGS AND STANDARDS OF CONDUCT
3.1 General. The Contractor shall designate a representative who shall supervise the
Contractor's elevator mechanics and be the Contractor's liaison with the U.S.
Embassy/Consulate. The Contractor's employees shall be on-site only for contractual duties and not for any other business or purposes. Contractor employees shall have access to the elevators' hoistways, lobbies and machine rooms, either with or without security escorts, only with specific permission by either the Contracting Officer or the COR.
3.2 Personnel Security. The Government reserves the right to deny access to U.S owned and
U.S.-operated facilities to any individual. The Contractor shall provide the names, biographic data and police clearance on all Contractor personnel who shall be used on this contract prior to their utilization. The Government shall issue identity cards to approved Contractor personnel, each of whom shall display his/her card(s) on the uniform at all times while on Government property or while on duty at private residences serviced under this contract. These identity cards are the property of the Government. The Contractor shall return all identity cards when the contract is completed, when a Contractor’s employee leaves this contract, or at the request of the
Government.
7 SBU - CONTRACTING AND ACQUISITIONS
3.3 Standards of Conduct
3.3.1 General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Each Contractor employee shall adhere to standards of conduct that reflect credit on themselves, their employer, and the
United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The
Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.
3.3.2 Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the
Contracting Officer's Representative (COR). The Contractor shall provide, to each employee and supervisor, uniforms and personal equipment. The Contractor shall be responsible for the cost of purchasing, cleaning, pressing, and repair of the uniforms.
3.3.3 Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.
3.3.4 The Contractor shall not condone disorderly conduct, use of abusive or offensive language, quarreling, and intimidation by words, actions, or fighting. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.
3.3.5 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances which produce similar effects.
3.3.6 Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These circumstances include but are not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; organizing or participating in gambling in any form; and misuse of weapons.
3.3.7 Key Control. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, or other areas, for the purposes of this contract.
Keys shall not be duplicated without the COR's approval. Where the Government determines that the Contractor or its agents have duplicated a key without permission of the COR, the
Contractor shall remove the individual(s) responsible from performing work under the contract.
If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system so compromised.
8 SBU - CONTRACTING AND ACQUISITIONS
INSURANCE REQUIREMENTS
9.1 Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor's personnel in the performance of this contract
The Contractor's assumption of absolute liability is independent of any insurance policies.
Insurance. The Contractor, at its own expense, shall provide and maintain during the entire period of performance of this contract, whatever insurance is legally necessary. The Contractor shall carry the following minimum insurance:
Comprehensive General Liability Bodily Injury SAR 5,000,000.00 per occurrence SAR 10,000,000.00 Cumulative Property Damage SAR 5,000,000.00 per occurrence SAR 10,000,000.00 Cumulative
Workers’ Compensation and Employer’s Liability
Workers’ Compensation and Occupational Disease * per occurrence
Statutory, as required by Saudi Labor Law
Employer’s Liability, * per occurrence – As required by the Saudi Labor Law
9.3 Worker's Compensation Insurance. The Contractor agrees to provide all employees with worker's compensation benefits as required by the laws of either the country in which the employees are working or the employee's native country, whichever offers greater benefits, following FAR 52.228-4 “Worker’s Compensation and War-Hazard Insurance Overseas”.
10.0 PERMITS
The Contractor shall maintain in full force and affect all permits, licenses, and appointments required for the prosecution of work under this contract at no additional cost to the Government.
The Contractor shall obtain these permits, licenses, and appointments in compliance with host country laws.
11.0 LOCAL LAW REGISTRATION
If the local law or decree requires that one or both parties to the contract register the contract with the designated authorities to insure compliance with this law or decree, the entire burden of this registration shall rest upon the Contractor. Any local or other taxes which may be assessed against the contract shall be payable by the Contractor without Government reimbursement.
12.0 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT
RESERVED
13.0 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
13.1 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
9 SBU - CONTRACTING AND ACQUISITIONS
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.
Performance Objective Scope of Work Para Performance Threshold
Services.
Performs all Elevators PM services set forth in the scope of work.
1. thru 13.
All required services are performed and no more than one
(1) customer complaint is received per month.
13.2 Surveillance. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.
13.3 Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR
52.212-4, Contract Terms and Conditions-Commercial Items), if any of the services exceed the standard.
13.4. Procedures.
13.4.1 If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.
13.4.2 The COR will complete appropriate documentation to record the complaint.
13.4.3 If the COR determines the complaint is invalid, the COR will advise the complainant.
The COR will retain the annotated copy of the written complaint for his/her files.
13.4.4 If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.
13.4.5 The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
13.4.6 If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.
13.4.7 The COR will consider complaints as resolved unless notified otherwise by the complainant.
13.4.8 Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the
Contracting Officer for appropriate action under the Inspection clause.
10 SBU - CONTRACTING AND ACQUISITIONS
EXHIBIT A
LIST OF ELEVATORS TO BE SERVICED
Unit Name: EL-NOB-1
Location: Chancery
Engine Manufacturer FUJITECH
OPERATION SYSTEM 2-Car Group Control System [FLEX-NX100]
MODEL / CONTROL
SYSTEM
XFSN / Permanent Magnet Gearless (VVVF)
STOPS / STORIES 3/3 ; Two at front for 1st and 3rd floor & one at rear for the
2nd floor
SPEED (1.0 m/sec)
CAPACITY 1800 kg ( 24 Persons )
ENTRANCE TYPE 2-Panel Center Opening (2CO)
MACHINE ROOM
LOCATION
Inside the Hoistway / Machine room less
MAIN POWER SUPPLY 380 VOLT – 3 PHASE – 60 Hz
Unit Name: EL-NOB-2
Location: NOB
OPERATION SYSTEM 2-Car Group Control System [FLEX-NX100]
MODEL / CONTROL
SYSTEM
XFSN / Permanent Magnet Gearless (VVVF)
STOPS / STORIES 3/3; Two at front for 1st and 3rd floor & one at rear for the
2nd floor
SPEED (1.0 m/sec)
CAPACITY 1600 kg ( 21 Persons )
ENTRANCE TYPE 2-Panel Center Opening (2CO)
MACHINE ROOM
LOCATION
Unit Name: EL-SDA-3
Location: SDA
OPERATION SYSTEM 2-Car Group Control System [FLEX-NX100]
MODEL / CONTROL
SYSTEM
XFSN / Permanent Magnet Gearless (VVVF)
STOPS / STORIES 3/3; All at front for 1st, 2nd and 3rd floor
SPEED (1.0 m/sec)
CAPACITY 1600 kg ( 21 Persons )
11 SBU - CONTRACTING AND ACQUISITIONS
ENTRANCE TYPE 2-Panel Center Opening (2CO)
MACHINE ROOM
LOCATION
Unit Name: EL-SDA-4
Location: SDA
OPERATION SYSTEM 2-Car Group Control System [FLEX-NX100]
MODEL / CONTROL
SYSTEM
XFSN / Permanent Magnet Gearless (VVVF)
STOPS / STORIES 4/4; All at front for 1st, 2nd, 3rd and R floor
SPEED (1.0 m/sec)
CAPACITY 1800 kg ( 24 Persons )
ENTRANCE TYPE 2-Panel Center Opening (2CO)
MACHINE ROOM
LOCATION
12 SBU - CONTRACTING AND ACQUISITIONS
SECTION 2 - CONTRACT CLAUSES
52.212-4 Contract Terms and Conditions—Commercial Products and Commercial
Services (NOV 2023)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive
Orders—Commercial Products and Commercial Services.
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required To Implement Statutes or Executive Orders—
Commercial Products and Commercial Services (Jan 2025)
(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:
PM Service Elevators Solicitation 19SA4025R0002
13 SBU - CONTRACTING AND ACQUISITIONS
https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_233_3 https://www.acquisition.gov/far/part-52#FAR_52_233_4
_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun
2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov
2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_x_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (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).
_x_ (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec
2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
__ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With
Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.
(Jan 2025) ( 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).
PM Service Elevators Solicitation 19SA4025R0002
14 SBU - CONTRACTING AND ACQUISITIONS
https://www.acquisition.gov/far/part-52#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_203_13 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-52#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim
__ (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 (Jan
2025)( 15 U.S.C. 637(d)(2) and (3)).
__ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) 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).
PM Service Elevators Solicitation 19SA4025R0002
15 SBU - CONTRACTING AND ACQUISITIONS
https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14
__ (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, Postaward Small Business Program Rerepresentation (Jan
2025) (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).
_x_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan
2025)( E.O. 13126).
__ (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)
PM Service Elevators Solicitation 19SA4025R0002
16 SBU - CONTRACTING AND ACQUISITIONS
https://www.acquisition.gov/far/part-52#FAR_52_219_16 https://www.acquisition.gov/far/part-52#FAR_52_219_27 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 https://www.acquisition.gov/far/part-52#FAR_52_219_30 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun
2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496).
_x_ (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and
E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( 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)
PM Service Elevators Solicitation 19SA4025R0002
17 SBU - CONTRACTING AND ACQUISITIONS
https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 https://www.acquisition.gov/far/part-52#FAR_52_222_50 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 https://www.acquisition.gov/far/part-52#FAR_52_223_9 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim
(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 (Jan 2025) 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).
_x_ (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).
_x_ (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).
PM Service Elevators Solicitation 19SA4025R0002
18 SBU - CONTRACTING AND ACQUISITIONS
https://www.acquisition.gov/far/part-52#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_225_26 https://www.acquisition.gov/far/part-52#FAR_52_226_4 https://www.acquisition.gov/far/part-52#FAR_52_226_5 https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/part-52#FAR_52_229_12
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial
Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_x_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award
Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (63) 52.240-1, 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:
[Contracting Officer check as appropriate.]
__ (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).
PM Service Elevators Solicitation 19SA4025R0002
19 SBU - CONTRACTING AND ACQUISITIONS
https://www.acquisition.gov/far/part-52#FAR_52_232_29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_30 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_34 https://www.acquisition.gov/far/part-52#FAR_52_232_36 https://www.acquisition.gov/far/part-52#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_242_5 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_222_41 https://www.acquisition.gov/far/part-52#FAR_52_222_42
__ (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).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(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.
PM Service Elevators Solicitation 19SA4025R0002
20 SBU - CONTRACTING AND ACQUISITIONS
https://www.acquisition.gov/far/part-52#FAR_52_222_43 https://www.acquisition.gov/far/part-52#FAR_52_222_44 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_51 https://www.acquisition.gov/far/part-52#FAR_52_222_53 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_226_6 https://www.acquisition.gov/far/part-52#FAR_52_247_69 https://www.govinfo.gov/link/uscode/49/40118 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-52#FAR_52_215_2 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_7
(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,…
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