Amendment one RFQ 693JF724Q000003Linen laundry.pdf512024.pdf
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- Attached to
- 693JF724Q000003 Linen Laundry Federal contract opportunity
- Solicitation number
- 693JF724Q000003
About this file
This document is an amendment to a Request for Quotation (RFQ) for linen laundry support services at the U.S. Merchant Marine Academy (USMMA) in Kings Point, NY. The solicitation is a 100% small business set-aside with NAICS code 812320 and a size standard of $5.5M. The contractor shall provide all labor, materials, equipment, supervision, transportation, and delivery required for the linen laundry services, including washing, drying, and folding of blankets, bed sheets, and pillowcases. The base period is 12 months with four 12-month option periods. Quotes are due by May 8, 2024 at 2:00 PM EST and must remain valid for 90 calendar days. The government will evaluate quotes based on technical approach, past performance, and price, and award to the lowest price technically acceptable offer. The Performance Work Statement includes detailed requirements for service levels, delivery, inspections, and contractor qualifications.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Amendment 2 RFQ 693JF724Q000003 Linen Laundry.pdf signed.pdf | ||
| Copy of 693JF724Q000003 Solicitation Questions and Govt Answers 562024.xlsx | XLSX spreadsheet | |
| Amendment 1 RFQ 693JF724Q000003 Linen Laundry.pdf signed.pdf | ||
| RFQ 693JF724Q000003 Linen laundry.pdf 4232024.pdf | ||
| Attachment Four QASP_Linen.doc 693JF724Q000003.pdfpdf.pdf | ||
| Attachment one Pricing sheet.xlsx4232024.xlsx | XLSX spreadsheet | |
| Attachment two Historical information.pdfpdf.pdf | ||
| Attachment Three Wage determination.pdf |
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Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE OF
1 36
2. CONTRACT NO. 3. AWARD/
EFFECTIVE DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
693JF724Q000003
6. SOLICITATION
ISSUE DATE
04/23/2024
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MARKITA WADE
b. TELEPHONE NUMBER
202-366-4118 (No collect calls) 8. OFFER DUE DATE/LOCAL TIME
05/08/2024 1500 ET
9. ISSUED BY CODE 693JF7 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE:
% FOR:
US DOT MARITIME ADMINISTRATION
OFFICE OF ACQUISITION MAR-380
1200 NEW JERSEY AVENUE SE
MAIL STOP W-28-201
WASHINGTON DC 20590-0001
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
8(A)
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
812320
SIZE STANDARD: $8
11. DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
13b. RATING
14. METHOD OF SOLICITATION
REQUEST FOR
BLOCK IS MARKED
SEE SCHEDULE
15. DELIVER TO
CODE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
16. ADMINISTERED BY
See Schedule
REQUEST FOR
X QUOTE (RFQ)
INVITATION
FOR BID (IFB)
CODE 693JF7
PROPOSAL
(RFP)
17a. CONTRACTOR/
OFFEROR
CODE FACILITY
CODE
18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
IS CHECKED SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
ADMINISTERED BY:
US DOT MARITIME ADMINISTRATION
OFFICE OF ACQUISITION MAR-380
1200 NEW JERSEY AVENUE SE
MAIL STOP W-28-201
WASHINGTON DC 20590-0001 USA
This solicitation is for linen locker laundry.
See section 3 of the solicitation for requirement in detail.
this
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Government Use Only)
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
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE
ARE NOT ATTACHED.
ARE NOT ATTACHED.
X
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
DURBA RAY
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
STANDARD FORM 1449 (REV. 11/2021) BACK
Solicitation #: 693JF724Q000003
RFQ 693JF724Q000003
REQUEST FOR QUOTATION
AMENDMENT ONE
SOLICITATION NUMBER: 693JF724Q000003
ISSUED: April 23, 2024
QUESTIONS DUE: April 27, 2024, at 2:00 PM East Coast Time
PROPOSALS DUE: May 8, 2024, at 2:00 PM East Coast Time
PROPOSALS VALID THROUGH: August 31, 2024
FOR: Linen Laundry support services at the U.S. Merchant Marine Academy (USMMA)
IMPORTANT
Read the ENTIRE solicitation and see Section 9 for quote submission instructions.
1. Quoters offering less than 90 calendar days for proposal acceptance WILL NOT BE considered and WILL BE rejected.
2. Telegraphic, telephonic, or facsimile proposals will NOT be accepted.
3. All information pertaining to this RFQ, including amendments, will be posted on-line at SAM.gov.
4. This solicitation is issued as a 100% Total Small Business Set-aside, pursuant to FAR Part 19.
5. Quoters shall include all APPLICABLE Federal, State, and Local taxes in their proposal. A tax-exempt number will not be provided.
6. All Quoters are required to be registered with an active status at SAM.gov at the time of proposal submission in accordance with FAR 52.204-7, System for Award Management (SAM). Accounts shall remain active for the entire performance period of the resulting contract.
7. Quoters shall email proposals to: usmmaproposals@dot.gov and cc durba.ray@dot.gov; Markita.wade.ctr@dot.gov https://sam.gov/ https://sam.gov/ mailto:usmmaproposals@dot.gov mailto:durba.ray@dot.gov mailto:%3BMarkita.wade.ctr@dot.gov
Solicitation #: 693JF724Q000003
SECTION A
SOLICITATION/CONTRACT FORM
TABLE OF CONTENTS
(X)|SEC.| DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
X | 1 | SOLICITATION/CONTRACT FORM 5
X | 2 | SUPPLIES OR SERVICES AND PRICES/COSTS 6
X |3 | DESCRIPTION/SPECS/WORK STATEMENT 7
X 4 CONTRACT ADMINISTRATION DATA 7
X 5 PROVISIONS 7
PART II - CONTRACT CLAUSES
X | |CONTRACT CLAUSES 18
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
X | 8 |LIST OF ATTACHMENTS 30
PART IV - REPRESENTATIONS AND INSTRUCTIONS
X
|9
|REPRESENTATIONS, CERTIFICATIONS AND OTHER
|STATEMENTS OF QUOTERS
X 10 |INST., CONDITIONS, AND NOTICES TO QUOTERS 36
X | 11 |EVALUATION FACTORS FOR AWARD 42
SECTION 2
SUPPLIES OR SERVICES AND PRICES/COSTS
GENERAL SCOPE OF WORK:
This solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12, Streamlined Procedures for Evaluation and Solicitation for Commercial Support services and FAR Subpart 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;
quotes are being requested.
North.
This solicitation is a TOTAL SMALL BUSINESS SET-ASIDE solicitation, and the
American Industry Classification System (NAICS) code is 812320 with an industry size standard of $5.5M and the associated Product Service Code (PSC) is S209.
The Contractor (also referred to as “Quoter” throughout) shall provide all labor, materials, equipment, supervision, transportation, and delivery required for the linen laundry as identified in the Performance Work State (PWS) for United States Merchant Marine Academy (USMMA). Base period (12months) with four twelve-month options shall be awarded in accordance with the PWS.
CLIN DESCRIPTION Yearly TOTAL 0001 Linen Laundry support services for USMMA.
2040 lb.
(Pound) for blankets, 2270
lb. for non-blankets (i.e., pillow cases, bedsheets)
1 $
1001 Linen Laundry support services for USMMA.
2040 lb.
(Pound) for blankets, 2270
lb. for non-blankets (i.e., pillow cases, bedsheets)
1002 Linen Laundry support services for USMMA.
2040 lb.
693JF7Q00003 Solicitation Draft
(Pound) for blankets, 2270
lb. for non-blankets (i.e., pillow cases, bedsheets)
1003 Linen Laundry support services for USMMA.
2040 lb.
(Pound) for blankets, 2270
lb. for non-blankets (i.e., 1004 Linen Laundry support services for USMMA.
2040 lb.
(Pound) for blankets, 2270
lb. for non-blankets (i.e., TOTAL
BASE+4
OPTION
YEARS
• Yearly pounds are estimates. May increase or decrease during the administration of this requirement after award.
SECTION 3: United States Merchant Marine Academy (USMMA) Linen Locker Laundry Services
Performance Work Statement (PWS)
Section 1 – Organization
The U.S. Merchant Marine Academy (USMMA) is a federal service academy that educates and graduates licensed Merchant Marine officers of exemplary character who serve America’s marine transportation and defense needs in peace and war.
Section 2 – Project Background
The U. S. Merchant Marine Academy (USMMA) requires a contractor to collect laundry from the USMMA Linen Locker, process the collected laundry (off-site) and deliver the processed laundry to the linen locker for an estimated 800 midshipmen/students.
The USMMA Linen Locker laundry contract shall be for one Base Year 2024-2025. Four (4) options (which is subject to the availability of funds) will be available upon concurrent agreement between the contractor and the Government.
Section 3 – Scope of Work
The USMMA shall provide assigned physical space designed and built for linen collection for the USMMA Linen Locker. Weekly (Except: Saturday and Sunday) professional off-site laundry services of linen for midshipmen/students consists of the following:
Linen Service: Wash, dry and fold linen articles (blankets, bed sheets and pillowcases
(Except: pillows))
All linen is provided to students by USMMA and is standard in size, weight and material. Bed sheets are twin size and are 50% cotton and 50% polyester, average weight is one pound each. Pillow cases are standard size (22 inch by 33 inch) and are 50% cotton and 50% polyester. Average weight is three pounds for ten pieces.
USMMA is transitioning from a grey wool blanket to blue fleece blanket. Assume both blankets may be submitted for cleaning during academic year 2024-2025. Grey blanket is 80% wool, 10% nylon and 10% rayon or cotton.
Average weight is three pounds each. Blue blanket is 100% fleece, machine washable (tumble dry low) and average weight is two pounds each. (See Paradise Pillow item 06000)
(For Reference Purposes Only: Historically, the volume has been approximately fifty (50lbs) per week plus thirty-six (36) blankets. Last year the contractor handled approximately eighteen hundred (1,750) blankets and two thousand pounds (2,100lbs) of sheets and pillowcases.
Section 4 - Place of Performance
The services shall take place at:
DOT/Maritime Administration (MARAD)
USMMA
300 Steamboat Road Kings Point, NY 11024
Section 5 – Performance Requirements
Collection of soiled linen from the USMMA shall be processed off-site and returned to the linen locker within forty-eight (48) hours.
Items to be processed include blankets, bed sheets and pillowcases.
Deliver the finished laundry to a campus location appointed by the contracting officer's representative (COR)
All laundered items are to be folded with limited wrinkles. Use current industry machines and pre-treat stains as required.
The contractor shall use the best possible cleaning agents that meet or exceed the Occupational Safety and Health Administration (OSHA) requirements.
Replace items damaged during the cleaning process. The contractor will not be responsible for normal wear or items damaged at the USMMA.
The linen laundry fee shall be defined on a per blanket bases and on a per pound bases for all other items. The agreed upon fee shall remain constant during the period of performance.
At each delivery, the contractor shall provide a tracking log that specifies the number of blankets cleaned and the weight (in pounds) of sheets, pillowcases, mattress covers.
Ensure all work is completed on schedule at no additional expense to the government.
Must have the capability to return 600 blankets within two weeks.
Mandatory Requirement: The contractor facility must be local and located with-in a 25-mile radius from the USMMA campus.
The Contractor is responsible for signing the Government logbook and clearly identify the number of blankets, quantity, pounds and the date for each pick and delivery. It must be validated and approved by a government linen locker employee.
Estimated Linen laundry support services 2040 lb. for blankets, 2270 lb. for non-blankets (i.e. Pillow cases, bedsheets) per year. During administration after award, this estimated amount may increase or decrease.
Normal Hours
Pick-Up/Delivery Schedule
Day(s) of week: Monday through Friday (excluding holidays) Time: Between 0800am and 4:30pm, EST Locations: Fitch Building (GSK)
(Note: The frequency of visits shall depend upon the amount of laundry to be processed)
Special Events/Holidays
Peak Schedule
Since the USMMA experiences a peak time-frame for the campus to welcome incoming freshmen. Laundry services may increase as follows:
Day(s) of week: Monday through Friday (excluding holidays) Time: Between 0730-1800 (7:30am-6:00pm), EST
Holidays Linen services are not required for the following holidays (Thanksgiving Day, Veteran’s Day; Martin Luther King, Jr (MLK) Memorial Day; President’s Day Juneteenth, and Labor Day).
There may be a reduced number of linen bags available for pick-up/delivery for the following time frames (between Christmas and New Year’s; one week during the spring - March and the fall - November). Under the direction of the COR, the contractor may follow a reduced schedule.
The Government reserves the right to adjust the number of days when the linen services are not required depending on the changing academic schedule.
Section 6: Period of Performance
Base year from June 7, 2024 -June 6, 2025 Option year one from June 7, 2025 -June 6, 2026 Option year two from June 7, 2026 – June 6, 2027 Option year three from June 7, 2027 – June 6, 2028 Option year four from June 7, 2028 – June 6, 2029
If the FAR Part 52.217-8 ever utilized for extension last option price will be used.
Section 7 - Performance Evaluation
See Quality Assurance Surveillance Plan for the Performance evaluation.
The Contractor shall be required to meet with the COR and/or the Contracting Officer (CO) as determined necessary by the COR or CO
Whenever the need arises, the Contractor may request a meeting with the CO or COR
Section 8. Deliverables:
The contractor shall provide written documentation of number of blankets and quantity (in pounds) of sheets and pillowcases. This documentation is required for every delivery.
Section 9: Government Inspection:
Government will inspect linen laundry during every delivery.
SECTION 4: CONTRACT ADMINISTRATION DATA
POINT OF CONTACT:
a. Contracting Officer (PCO)
Durba Ray U.S. Department of Transportation Maritime Administration Office of Acquisition MAR380 1200 New Jersey Avenue, S.E.
Washington, D.C. 20590 E-mail Address: durba.ray@dot.gov
b. Contracting Officer’s Representative (COR):
Geoffrey Boger
Email: bogerg@usmma.edu
(516)726-5636
All Correspondence shall be directed to the Procuring Contracting Officer except as otherwise specified.
c. INVOICE REQUIREMENTS
DOT utilizes the Delphi eInvoicing web portal for processing invoices. Access to Delphi eInvoicing web portal is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. For vendors submitting invoices or payment requests, they will be required to submit invoices via the Delphi eInvoicing web portal which is authenticated via www.login.gov.
mailto:nicole.price@dot.gov mailto:bogerg@usmma.edu http://www.login.gov/
Vendors must meet the following minimum requirements to submit invoices through the Delphi eInvoicing web- portal:
(a) Vendors shall have electronic internet access to register in the
U.S. General Services Administration’s (GSA) Login.gov and to the Delphi eInvoicing web portal;
(b) The identity of system users will be verified prior to receiving access to the Delphi eInvoicing web-portal via registration with login.gov. Information required for Login.gov includes his/her email address, full name, phone number, and password;
(c) Once notified by their agency POC, system users shall register with and create an account with GSA Login.gov. System users will provide his/her email address and receive an email back to confirm. They will then create a password and input a telephone number and opt to receive either a personal call from Login.gov or text message with an authentication code;
(d) Once the user is authenticated in Login.gov, he/she shall work with their agency POC to request access to the Delphi eInvoicing web portal. The POC will complete a Delphi eInvoicing web- portal User Access Request (UAR) to include the users full name, contact phone number, work e- mail address. Additionally, the agency POC will include the vendor name, purchase order (contract) numbers (or supplier number) and agency doing business with to complete and electronically submit the UAR for processing;
(e) Once the UAR is submitted, it will be electronically approved by the Access Control Officer (ACO) assigned to OA associated with the contract award or grant and then forwarded to the Delphi eInvoicing helpdesk to create the account. Once the account is created an e-mail will be generated to the user with instruction on accessing their Delphi eInvoicing web portal account. An e-mail will also be sent to the agency POC who initiated the UAR.
A. Definition.
Payment request, as used in this subpart, means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation.
B. Electronic payment requests—invoices.
(a) Requirements. Contracts shall require the electronic submission of payment requests, except for—
(1) Purchases paid for with a Governmentwide commercial purchase card;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise classified information or national security; or
(3) As directed by the contracting officer to submit payment requests by mail.
(b) Alternate procedures. Where a contract requires the electronic submission of invoices, the contracting officer may authorize alternate procedures only if the contracting officer makes a written determination that the Department of the Transportation (DOT) is unable to receive electronic payment requests or provide acceptance electronically and it is approved one level above the contracting officer.
For contractors/vendors who are unable to utilize DOT’s Delphi eInvoicing web-portal, waivers may be considered on a case-by-case basis. Vendors should contact the Contracting Officer’s Representative for assistance and reach out to the Accounts Payable department for review and approval.
(c) DOT electronic invoicing system. DOT utilizes the Delphi eInvoicing web portal to facilitate the electronic submission and approval of vendor invoices and certain grantee payment requests.
Except as provided in paragraphs (a) and (b) of this section, contracting officers and DOT finance officials shall process electronic payment submissions through the Delphi eInvoicing web portal. If the requirement for electronic submission of payment requests is waived under paragraph (a) or paragraph (b) of this section, the contract or alternate payment authorization, as applicable, shall specify the form and method of payment request submission.
C. Electronic authentication.
Access to Delphi eInvoicing is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. For vendors submitting invoices, they will be required to submit invoices via the Delphi eInvoicing web portal which is authenticated via login.gov.
D. Contract clause.
Contracting officers shall insert the clause provided in Section E. below, Electronic Submission of Payment Requests, in solicitations and contracts exceeding the micro-purchase threshold, except those for which the contracting officer has directed or approved otherwise under Section B.
above, and those paid with a Governmentwide commercial purchase card.
E. Electronic Submission of Payment Requests.
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph
(a) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.
(4) Invoice payment has the meaning given in FAR 32.001.
(b) Electronic payment requests. Except as provided in paragraph
(e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi eInvoicing which is accessed and and authenticated via www.login.gov
(e) The following FAR section applies (32.905 Payment documentation and process). In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:
(a) General. Payment will be based on receipt of a proper invoice and satisfactory contract performance.
(b) Content of invoices.
(1) A PROPER INVOICE MUST INCLUDE THE
FOLLOWING ITEMS (except for interim payments on cost reimbursement contracts for services):
(i) Name and address of the contractor.
(ii) Invoice date and invoice number.
(Date invoices as close as possible to the date of mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number and mailing address of person to notify in the event of a defective invoice.
(e) Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.
(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account:
https://login.gov/help/creating-an-account/how- do-i-create-an-account-with-logingov/.
(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.
(3) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi eInvoicing account creation process. Vendor POC’s who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account.
Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.
(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov
(5) Account Management. Vendors are responsible to contact the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov
SECTIONS 8: ATTACHMENTS
1. Attachment one – Pricing Sheet
2. Attachment two – Historical Information
3. Attachment three – DOL Wage determination
4. Attachment four - QASP
SECTION5: PROVISIONS
http://einvoice.esc.gov/ http://einvoice.esc.gov/
52.252-01 – Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The Quoter is cautioned that the listed provisions may include blocks that must be completed by the Quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://acquisition.gov/far/current/html/FARTOCP52.html 52.204-24 -- Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Quoter shall not complete the representation at paragraph (d)(1) of this provision if the Quoter 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, Quoter Representations and Certifications- Commercial Products or Commercial Services. The Quoter shall not complete the representation in paragraph (d)(2) of this provision if the Quoter 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.
(1) 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—
(i) 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
(ii) 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.
(2) 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—
(i) 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
(ii) 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 Quoter 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 Quoter 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 Quoter shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Quoter responds “will” in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Quoter 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 Quoter shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Quoter 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 Quoter has responded “will” in the representation in paragraph (d)(1) of this provision, the Quoter shall provide the following information as part of the offer:
(i) For covered equipment—
(A) 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);
(B) 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
(C) 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.
(ii) For covered services—
(A) 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
(B) 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.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Quoter has responded “does” in the representation in paragraph (d)(2) of this provision, the Quoter shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) 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
(C) 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)(2) of this provision.
(ii) For covered services—
(A) 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
(B) If not associated with maintenance, the 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)(2) of this provision.
(End of provision) 52.204-26 -- Covered Telecommunications Equipment or Services-Representation (Oct 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Quoter 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".
(c)(1) Representation. The Quoter represents that it [ ] does, [ ] 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 instruments.
(2) After conducting a reasonable inquiry for purposes of this representation, the Quoter represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
52.212-3 Quoter Representations and Certifications – Commercial Products and Commercial Services--Addendum (FEB 2024)
Quoters should complete the representations and certifications online via www.sam.gov
(End of Provision)
52.216-1 Type of Contract. (APR 1984)
The Government contemplates award of a Firm Fixed Price resulting from this solicitation.
(End of Provision)
52.233-2 Service of Protest (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Office of Acquisitions (MAR-380) U.S. DOT/Maritime Administration 1200 New Jersey Ave. S.E.
Mail Stop: W28-201 Washington, DC 20590
The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
End of provisions
SECTION 6: CLAUSES
52.252-02 Clauses Incorporated by Reference
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://acquisition.gov/far/current/html/FARTOCP52.html
Clause Title Date
52.204.21 Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
SEP 2023
52.212-2 Evaluation-Commercial Products and Commercial Services NOV 2021 52.212-3 Quoters Representations and Certifications-Commercial
Products and Commercial Services
FEB 2024
52.212-4 Contract Terms and Conditions— Commercial Products and Commercial Services
NOV 2023
http://www.sam.gov/
52.303-3 Gratuities April 1984 52.212-4 Contract Terms and Conditions--Commercial Items Jan 2017 52.213-2 Invoices April 1984 52.232-01 Payments April 1984 52.232-18 Availability of Funds April 1984 52.223-6 Drug-Free Workplace May 2001 52.233-01 Disputes May 2014 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.236-2 Differing Site Conditions April 1984 52.236-12 Cleaning Up April 1984 52.237-3 Continuity of Services Jan 1991 52.242-14 Suspension of Work April 1984 52.244-6 Subcontracts for Commercial Items Nov 2017 52.246-4 Inspection of Services – Fixed Price Aug 1996
1. 52.212-5 Contract Terms and Conditions Required to Implement Statutes (Jan 2018) or Executive Orders -- Commercial Items
(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:
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) [Reserved]
(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
(10) [Reserved]
(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
(ii) Alternate I (Nov 2011) of 52.219-3.
(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the Quoter elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Jan 2011) of 52.219-4.
(13) [Reserved]
_X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.
644).
(ii) Alternate I (Nov 2011).
(iii) Alternate II (Nov 2011).
(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.
637(d)(2) and (3)).
(17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C.
637 (d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Nov 2016) of 52.219-9.
(v) Alternate IV (Nov 2016) of 52.219-9.
(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a) (14)).
(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).
(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.
637(m)).
_X (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women- Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
_X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).
(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
(ii) Alternate I (Oct 2015) of 52.223-13.
(39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
_X (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
(41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
_X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
(45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(ii) Alternate I (Jan 2017) of 52.224-3.
_X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
(ii) Alternate I (May 2014) of 52.225-3.
(iii) Alternate II (May 2014) of 52.225-3.
(iv) Alternate III (May 2014) of 52.225-3.
(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
(49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).
_X (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
(56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d) (12)).
(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
_X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
_X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).
(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C.
chapter 67).
_X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.
13658).
(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).
(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
(May 2014) (42 U.S.C. 1792).
(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(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 other clauses of this contract.
If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.
13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of…
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