6923G224Q000014 MUSCIAN TUTORS.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

6923G2

KINGS POINT NY 11024-1699

300 STEAMBOAT ROAD

USMMA PROCUREMENT

MARITIME ADMINISTRATION

MARAD-00095 CODE 16. ADMINISTERED BYCODE

X

X

X

611610

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR6923G2

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

09/05/2024 0900 ET

08/22/2024

516-726-6137Deborah Porter (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

6923G224Q000014

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 12 MMAPR540024000120OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

KINGS POINT NY 11024-1699

300 STEAMBOAT ROAD

US DOTMARITIME ADMINISTRATION

USMERCHANT MARINE ACADEMY PROCURE

15. DELIVER TO

KINGS POINT NY 11024-1699

300 STEAMBOAT ROAD

USMMA PROCUREMENT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

MARITIME ADMINISTRATION

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 09/24/2024 to 09/23/2025

00001 The Contractor shall provide four (4) experienced, temporary Musician Tutors (Teaching Artists) as follows: one (1) Woodwind Tutor, one

(1) Percussion Tutor, One (1) Low Brass Tutor and One (1) High Brass Tutor. Contractors shall provide their own instrument and teaching materials. Contractors shall provide small group instruction to students in the Regimental Band to help foster their musical growth, technical

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Deborah Porter

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

proficiency, and overall musicianship. All work shall take place at Ackerman Auditorium located at the U.S. Merchant Marine Academy in Kings

Point, New York. The period of performance is for various dates beginning approximately September

24, 2024 and ending on or about September 23, 2025. The work schedule is Tuesday and Thursday, 7:00 P.M. - 8:30 P.M. (EST) (see work schedule dates below). The total amount of work days shall not exceed 73 days or approximately 109.5 hours.

All work shall be in accordance with the below

Statement of Work (SOW).

STATEMENT OF WORK

FOR FOUR (4) MUSICIAN TUTORS (TEACHING ARTISTS)

TO WORK

AT THE U.S. MERCHANT MARINE ACADEMY, KINGS POINT,

NY-

The Contractor shall provide four (4) experienced, temporary Musician Tutors (Teaching

Artists) as follows: one (1) Woodwind Tutor, one

(1) Percussion Tutor, One (1) Low Brass Tutor and

One (1) High Brass Tutor. Contractors shall provide their own instrument and teaching materials. Contractors shall provide small group instruction to students in the Regimental Band to help foster their musical growth, technical proficiency, and overall musicianship. All work

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

12 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 12

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6923G224Q000014 shall take place at Ackerman Auditorium located at the U.S. Merchant Marine Academy in Kings

Point, New York. The period of performance is for various dates beginning approximately September

24, 2024 and ending on or about September 23, 2025. The work schedule is Tuesday and Thursday, 7:00 P.M. - 8:30 P.M. (EST) (see work schedule dates below). The total amount of work days shall not exceed 73 days or approximately 109.5 hours.

All work shall be in accordance with the

Statement of Work (SOW). CONTRACTOR PERSONNEL

SHALL BE PAID ONLY FOR ACTUAL HOURS WORKED.

Work Schedule:

-September: 24, 26

-October: 1, 3, 8, 10, 15, 17, 22

-November: 12, 14, 19, 21

-December: 3, 5, 10, 12, 17

-January: 7, 9, 14, 16, 21, 23, 28, 30

-February: 4, 6, 11, 13, 18, 20, 25, 27

-March: 11, 13, 18, 20, 25, 27

-April: 1, 8, 10, 15, 17, 22, 24, 29

-May: 1, 6, 8, 13, 15, 20, 22, 27, 29

-June: 3, 5, 10, 12, 17

-August: 7, 12, 14, 19, 21, 26, 28

-September: 11, 16, 18, 23

DUTIES AND RESPONSIBILITIES:

-Small Group Instruction:

-Conduct small group lessons focusing on ensemble playing, intonation, balance, blend, and stylistic accuracy.

-Foster a strong team environment and contribute positively to musical culture.

-Prepare students for performances.

-Monitor and assess each student's progress, providing constructive feedback and adjustments to the lesson plans as needed.

-Encourage and facilitate group practice sessions and performance opportunities.

Administrative Duties:

-Maintain accurate records of each student's progress and attendance.

-Communicate regularly with students and the

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 12

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6923G224Q000014

Music Director regarding student progress, upcoming performances, and other relevant matters.

EDUCATION AND QUALIFICATIONS:

5 years of professional experience in music education teaching high school or college and performances is required. Strong communication and interpersonal skills also required.

The four (4) Instructors will be responsible for delivering structured and effective lessons to small groups. The instruction will focus on various aspects of playing, including but not limited to tone production, technique, articulation, sight-reading, and repertoire development. Instructor must have the ability to motivate and inspire students of all levels.

a. Woodwind Qualifications:

-5 years of professional experience in music education teaching high school or college and performances in teaching Woodwind instruments such as the flute, piccolo, saxophones, and clarinets.

b. Percussion Tutor Qualifications:

-5 years of professional experience in music education teaching high school or college and performances in teaching Percussion instruments such as snare rudiments, timpani, drumkit, and auxiliary percussion instruments.

-Experience with marching, concert and auxiliary percussion, and drumkit also required.

c. High Brass Tutor Qualifications:

-5 years of professional experience in music education teaching high school or college and performances in teaching High Brass instruments such as the trumpet, cornet, French horn, mellophone.

d. Low Brass Qualifications:

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 12

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6923G224Q000014

-5 years of professional experience in music education teaching high school and college and performances in teaching low brass instruments such as the trombone, euphonium and tuba.

DELIVERABLES:

-Detailed lesson plans for group instruction.

-Attendance records and student evaluations.

Template provided by Music Director.

-Provide student progress and performance improvement evaluation to the Music Director.

EVALUATION CRITERIA:

-Professionalism with lesson preparation, communication and timeliness.

-Evidence of student progress and performance improvement.

-Student feedback.

-Monthly performance evaluation by Music Director in accordance with evaluation criteria listed above.

GENERAL INFORMATON-

(a) Personnel in the employ of the Contractor shall, in the operation of motor vehicles, possess a valid State driver's license and registration, and current insurance certificate.

(b) The Contractor will take all necessary precautions to avoid injury to persons and damage to property and equipment. Any damage caused to

Academy or tenant¿s property or equipment will be the sole responsibility of the Contractor. All damages caused by the Contractor's employees will be repaired or replaced to the satisfaction of the tenant and/or the contracting officer at no additional cost to the Government.

NOTE: THE U.S. MERCHANT MARINE ACADEMY RESERVES

THE RIGHT TO TERMINATE THIS CONTRACT FOR THE

CONVENIENCE OF THE GOVERNMENT BEFORE THE

COMPLETION DATE.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6923G224Q000014 COMMERCIAL CLAUSES Page 6 of 12

1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ http://farsite.hill.af.mil/ www.dot.gov/ost/m60/tamar/tar.htm

2 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS FEB 2024

Alternate I (NOV 2021) of 52.212-4 (As prescribed in 12.301(b)(3))

3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS– COMMERCIAL ITEMS

FEB 2024

Alternate I (FEB 2024). As prescribed in 12.301(b)(4)(i) Alternate II (FEB 2024) . As prescribed in 12.301(b)(4)(ii),

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. 7104(g)).

Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. 7104(g)).

____ (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553) Alternate I (June1985). As prescribed in 33.106(b), X (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Nov 2021) (41 U.S.C. 253g and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(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) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5)52.204-11 [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub.L. 111-117, section

743 of Div. C).

(7)52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 of Div. C).

_____(8) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.(Nov 2021)

6923G224Q000014 COMMERCIAL CLAUSES Page 7 of 12

_____ (9) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(10) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) (31 U.S.C. 6101 note).

(11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S. C. 2313).

(12) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-

8, and section 745 of Division D of Public Law 110-161).

(13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.

657a).

(14) 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).

(15) 52.219-5[Reserved]

(16) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020)

(17) (i) 52.219-7, Notice of Partial Small Business Set-Aside (November 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(18) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

(19) (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.

(20) 52.219-13, Notice of Set-Aside of Orders (Oct 2022) (15 U.S.C. 644)).

(21) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)).

(22) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

(23) (i) 52.219-23,(Reserved)

(24) 52.219-25 (Reserved)

(25) 52.219-26, (Reserved)

(26) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Feb 2024) (15 U.S.C. 657 f).

(27) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C.

632(a)(2)).

6923G224Q000014 COMMERCIAL CLAUSES Page 8 of 12

(28) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Oct 2022).

(29) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Oct 2022).

X (30) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (31) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2024) (E.O.

13126).

(32) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(33) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(34) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(35) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(36) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(37) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(38) 52.222-54, Employment Eligibility Verification (May 2022). Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)

(39) (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.)

(40) )(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.

13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

(43) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O. 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (43) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020).

(44) 52.225-1, Buy American Act--Supplies (Oct 2022) (41 U.S.C. 10a-10d).

6923G224Q000014 COMMERCIAL CLAUSES Page 9 of 12

(45)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (Nov 2023) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

(ii) Alternate I (Dec 2022) of 52.225-3.

(ii) Alternate II (Dec 2022) of 52.225-3.

(iii) Alternate III (Feb 2024) of 52.225-3.

(46) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(47) 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).

(48) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(49) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(50) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(51) 52.232-18, Availability of Funds (Apr 1984) (31 U.S.C. 1553).

(52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2021) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

(53) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

(55)52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(57) 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION 2012-00014) (Mar 2023).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

6923G224Q000014 COMMERCIAL CLAUSES Page 10 of 12

(1) 52.222-41, Service Contract Act of 1965 (Aug 2018) (41 U.S.C. 351, et seq.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires

(May 2014) 29 U.S.C.206 and 41 U.S.C. 351, et seq.).U.S.C. 351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and

Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).U.S.C. 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. 351, et seq.).

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

351, et seq.).

(7) 52.222-17, Reserved

(8) 52.226-6, Promoting Excess Food Donation to

Nonprofit Organizations. (Jun 2020) (Pub. L.

110-247).

(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, 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

6923G224Q000014 COMMERCIAL CLAUSES Page 11 of 12 other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Reserved

(iv) 52.222-26, Equal Opportunity () (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965, (Aug 2018), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. 7104(g)).

Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Nov 2021).

6923G224Q000014 COMMERCIAL CLAUSES Page 12 of 12

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020) (Pub. L. 110-

247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+1445+65++%2810%20U.S.C.%202302%20Note%29%20%20%20%20%20%20%20%20%20%20