FRC MTU Solicitation RFO Part 15.109 Final.pdf

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FRC MTU PARTS AND COMPONENT OVERHAULS
Solicitation number
70Z08027R17004B00
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This is a Request for Proposal (RFP) for MTU Marine Diesel Engine parts and component overhauls in support of U.S. Coast Guard 154-foot Patrol Boats.

The U.S. Coast Guard Surface Forces Logistics Center seeks to award a single firm-fixed-price (FFP) requirements contract with FFP delivery orders covering five one-year ordering periods from December 27, 2026, through December 26, 2031. The contract requires furnishing genuine OEM Motoren Und Turbinen-Union (MTU) Marine 20V4000M93L diesel engine parts and service-ready overhauled engine components. Deliverables include overhauls of turbos, cylinder heads, starters, coolant pumps, sea water pumps, intercooler cores, control levers, oil coolers, and lubrication oil pumps, along with associated inspection and testing reports. Contractor pricing must include all labor, materials, testing, inspections, preservation, packaging, markings, bar-coding, and shipping on an FOB Destination basis. The contract includes economic price adjustment provisions and requires submission of updated price lists at the beginning of each ordering period. Core exchange pricing and a percentage markup or discount from MTU's parts catalog are required for additional catalog items. Proposals are due November 16, 2026, by 4:00 PM Eastern Standard Time, with questions due by November 9, 2026. Award will be made to the responsible offeror providing the best value based on technical approach, past performance, and price. Evaluation emphasizes that technical and past performance factors are significantly more important than price. Key personnel must hold MTU/RRSA Series 4000 certifications, and contractors must maintain a valid MTU distributor agreement. The NAICS code is 333618 with a small business size standard of 1,500 employees; large businesses must submit subcontracting plans. No set-aside applies to this acquisition.

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Solicitation No. 70Z08027R17004B00 154’ MTU Parts and Component Overhauls

REQUEST FOR PROPOSAL

FRC MTU PARTS AND COMPONENT OVERHAULS

Competitive Negotiated Acquisition Under RFO Part 15

Solicitation Number: 70Z08027R17004B00 Issuing Office: Surface Forces Logistics Center (SFLC) Agency/Component: United States Coast Guard (USCG) Title: Motoren Und Turbinen-Union (MTU) Marine 20V4000M93L Diesel Engine Parts and Service Ready Overhauled Engine Components in support of USCG 154’ Patrol Boats NAICS Code: The North American Industry Classification System (NAICS) Code for this contract is 333618, with a small business size standard of 1,500 employees. Quoters who are identified as a large business will be required to submit a subcontracting plan with their quote. This combined synopsis/solicitation is being issued as restricted.

PSC/FSC Code: 2990 (Engine Accessories) Set-Aside Status: No set aside.

Contract Type: Requirements contract with Firm-Fixed-Price (FFP) delivery orders with Economic Price Adjustment for five (5), one (1) year ordering periods.

Period of Performance: 12/27/2026 – 12/26/2031

Ordering Period 1 – 12/27/2026 – 12/26/2027 Ordering Period 2 – 12/27/2027 – 12/26/2028 Ordering Period 3 – 12/27/2028 – 12/26/2029 Ordering Period 4 – 12/27/2029 – 12/26/2030 Ordering Period 1 – 12/27/2030 – 12/26/2031

Place of Performance: Contractor’s Facility Proposal Due Date and Time: November 16, 2026, by 4:00 PM Eastern Standard Time Questions Due Date: November 9, 2026, by 4:00 PM Eastern Standard Time Contracting Officer: Jennifer Lucas, Jennifer.B.Lucas@uscg.mil, (571) 607-6127 Contract Specialist: Yaisa Goodwin, Yaisa.O.Goodwin@uscg.mil, (206)815-3362

Section A. Solicitation/Contract Form

This solicitation is issued by the Department of Homeland Security, US Coast Guard (USCG), Surface Logistics Center (SFLC) for the acquisition of intends on awarding a Firm-Fixed-Price (FFP) type contract with FFP delivery orders for five (5), one (1) year ordering periods for the supply of Motoren Und Turbinen-Union (MTU) Marine 20V4000M93L Diesel Engine Parts and Service Ready Overhauled Engine Components in support of USCG 154’ Patrol Boats.

All items listed are parts manufactured by MTU, the original equipment manufacturer (OEM). To assure proper Form, Fit and Function of the parts, only OEM parts shall be used. Items submitted under this solicitation which are other than OEM parts will be rejected as unacceptable.

Offerors shall submit proposals in accordance with the instructions in this solicitation. The Government intends to award a requirements contract resulting from this solicitation to the responsible offeror whose proposal represents the best value to the Government, in accordance with the evaluation criteria stated herein.

The Government reserves the right to award the contract without discussion.

Section B. Supplies or Services and Prices/Costs

B.1 Contract Line-Item Numbers

CLIN DESCRIPTION EST ANN TOTAL QTY

For Approval, Sample Test Plan and Inspection Reports Formats in accordance with specification #P- 233-2039, Section 3.3. 1

0002-4002

Open, inspect "A1" Turbo, 2950- 12-390-3739, & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification.

P-233-2039 14

0003-4003

Overhauled “A1" Turbo, 2950- 12-390-3739, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039 14

0004-4004

Open, inspect "A2" Turbo, 2950- 12-390-3213, & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification.

P-233-2039 14

0005-4005

Overhauled "A2: Turbo, 2950-12- 390-3213. including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039 14

0006-4006

Open, inspect "B1" Turbo, 2950- 12-390-3341, & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification.

P-233-2039 14

0007-4007

Overhauled "B1" Turbo, 2950-12- 390-3341, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039 14

0008-4008

Open, inspect "B2" Turbo, 2950- 12-390-5601, & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification.

P-233-2039 14

0009-4009

Overhauled "B2" Turbo, 2950-12- 390-5601, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039 14

0010-4010

Open, Inspect Cylinder Head, 2815-12-401-6623, & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification.

P-233-2039 280

0011-4011

Overhauled Cylinder Head, 2815- 12-401-6623, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039 280

0012-4012

Open, Inspect Starter, 2920-12- 385-6651, & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification. P- 233-2039 14

0013-4013

Overhauled Starter, 2920-12-385- 6651 including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification.

P-233-2039 14

0014-4014

Open, Inspect Starter, 2920-12- 385-6663, & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification. P- 233-2039 14

0015-4015

Overhauled Starter, 2920-12-385- 6663, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification.

P-233-2039 14

0016-4016

Open, Inspect Coolant Pump, 2930-12-408-5714, & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification.

P-233-2039 14

0017-4017

Overhauled Coolant Pump, 2930- 12-408-5714, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039 14

0018-4018

Open, Inspect Sea Water Pump 4320-12-420-2316 & submit an Inspection Report per Para. 3.1 &

0019-4019

Overhauled Sea Water Pump, 4320-12-420-2316, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039 14

0020-4020

Open, Inspect Intercooler Core, 2930-12-408-5926, & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification.

P-233-2039 14

0021-4021

Overhauled Intercooler Core, 2930-12-408-5926, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039 14

0022-4022

Open, Inspect Control Lever 3040-01-682-0455 & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification.

P-233-2039 14

0023-4023

Overhauled, Control Lever 3040- 01-682-0455, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039 14

0024-4024

Open, Inspect Oil Cooler, 2930- 12-395-6730 & submit an Inspection Report per Para. 3.1 &

0025-4025

Overhauled Oil Cooler, 2930-12- 395-6730, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039 14

0026-4026

Open, Inspect LOP 8-06 5895-12- 395-9484 & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification. P- 233-2039 5

0027-4027

Overhaul LOP 8-06 5895-12-395- 9484, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification.

P-233-2039 5

0028-4028 On-Site Technical Support for 20V4000M93L 1

0029-4029 On-Site Technical Support Travel 1

B.2 Pricing Instructions

Offerors shall provide pricing for all CLINs. Prices shall include all labor, materials, travel, equipment, supervision, overhead, general and administrative expenses, profit, and any other costs necessary to perform the work unless otherwise specified. A list of the Contract Line-Item Numbers (CLINS), items, quantities, and units of measure to be acquired for the contract can be found in Attachment 1, SCHEDULE OF SUPPLIES - CLIN.

Component Overhauls: For each ordering period, the contractor shall provide all labor and material required to complete a Standard Overhaul and reassembly of component listed to include all Mandatory Parts, Testing, Inspections, Preservation, Packaging, Markings and Bar- Coding. This price shall be a fixed price that the Government shall be obligated to pay for a Standard Overhaul.

Core Exchange: For each ordering period the contractor shall provide pricing for each line item with core deposit and damaged core refund if applicable.

Catalogue Parts List for MTU 20V400M93L Series MDE: The Government shall have the right to procure any parts listed in the MTU parts catalog for the 20V400M93L series MDE at the percentage increase (+) or decrease (-) provided with their quote. The contractor shall indicate the percentage increase (+) or decrease (-) from the Parts List, which will be applied to MTU 20V400M93L engine parts not assigned a CLIN in Attachment 1: Schedule of Supplies - CLIN. This markup or discount shall be applied in determining the proposed price for the catalog items and shall be noted on CLINs 0093-CLIN 4093 of Attachment 1: Schedule of Supplies - CLIN. Substitute part numbers are NOT acceptable. The contractor shall submit an updated price list at the beginning of each ordering period. A core exchange may be utilized if an item on the Parts List is eligible.

If the quoter considers any additions, deletions or part number changes of the parts required under this requirement, the Contract Specialist must be notified in WRITING PRIOR TO THE

CLOSING DATE OF THIS NOTICE.

Beyond Economical to Repair (BER): The Contracting Officer will determine if any unit is BER. The Contractor will be instructed to complete Standard Form (SF) 1424 Inventory Disposal Report. BER units will be scrapped at the Contractor’s facility at no charge. The Contractor is required to remove all Government markings and comply with all environmental regulations.

B.3 Contract Type

The U.S. Coast Guard (USCG), Surface Forces Logistics Center (SFLC) intends to award a single firm-fixed price with economic price adjustment requirements contract. Under this contract, the Coast Guard will issue delivery orders to the contractor. Delivery Orders may be issued by mail, e-mail, facsimile, and orally (followed up in writing).

Section C. Description/Specifications/Statement of Work

C.1 Background

The U.S. Coast Guard Surface Forces Logistics Center intends on awarding a requirements contract with FFP delivery orders for five (5), one (1) year ordering periods for the purchase of genuine OEM parts and furnish genuine OEM service ready parts for the U.S. Coast Guard’s Patrol Boat Cutters in accordance with this solicitation, following description of the requirements and in combination with Attachment 2, Statement of Work.

C.2 Scope

The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, and such other things as are necessary, except as otherwise specified to (1) perform component overhauls utilizing genuine OEM parts and (2) furnish genuine OEM, service ready parts in accordance with this solicitation and attached specification in support of the 154’ FRC. All items to be individually packaged, marked and shipped F.O.B. destination in accordance with this solicitation and the attached specifications.

Failure to read the specifications in their entirety will not relieve the quoter from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the quoter’s risk. All quotes submitted in response to this solicitation shall stand firmly for 120 calendar days from the response date of this solicitation

C.3 Performance Standards

The Government will monitor contractor performance through review of deliverables, status reports, meetings, inspection of work products, quality assurance surveillance, and other methods deemed appropriate by the Government.

If performance falls below an applicable Acceptable Quality Level, the Government may require the contractor to submit a written corrective action plan. The corrective action plan shall identify the cause of the deficiency, the actions the contractor will take to correct the deficiency, the schedule for correction, and measures to prevent recurrence.

Acceptance of services or deliverables does not waive the Government’s rights under the contract. Repeated failure to meet performance standards may result in further contractual action, including consideration in Contractor Performance Assessment Reporting System, CPARS, evaluations, withholding of payment where authorized, termination, or other remedies available under the contract.

Section D. Packaging and Marking

PRESERVATION, PACKAGING AND MARKING

Each SSDG shall be individually preserved, packaged and marked for long-term storage in accordance with Packaging Requirements (Attachment 2 & Attachment 2 cont.) and the following instructions:

Each SSDG shall be individually preserved per OEM specifications and hermetically sealed in shrink wrap vapor barrier with enough desiccant installed within the vapor barrier to prevent moisture build-up and deterioration of the SSDG and provide protection for a period of two (2) years minimum.

Each SSDG shall be individually packaged in a Type I, Class 2, Style A, MIL-C-104C compliant crate. The crate shall be constructed in such a manner as to prevent rain from entering the interior and shall prevent the SSDG from shifting inside the crate. The crate shall be capable of providing adequate protection during multiple commercial shipments, forklift handling and warehouse storage. The crate lid and one long side panel shall be secured with corrosion/rust resistant wood lag bolts for easy removal and re-installation. The crate shall be labeled in accordance with SFLC specification SP-PP&M-001 (Attachment 2).

MARKING OF WARRANTED ITEMS

Pursuant to the requirements of FAR Part 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of the warranty.

Markings may be brief but should include: (i) a brief statement that a warranty exists, (ii) the substance of the warranty, (iii) its duration, and (iv) who to notify if the supplies are found to be defective. For commercial items, the contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

PACKING LIST

All material shipped or delivered to the USCG, SFLC under this Contract must be accompanied by an itemized packing list that cites the proper contract/delivery order number. Each packing unit shall have a list of all items contained in that unit and a duplicate list shall be placed in a waterproof envelope securely attached to the outside of the package in a conspicuous place but so located as to reduce the loss in shipping and handling.

NOTE

Failure to prepare for shipment of any item, and/or mark all packages, boxes, crates, etc. as indicated herein shall result in rejection and return of the material at the contractor’s expense.

Section E. Inspection and Acceptance

Inspection and acceptance shall be performed by the Contracting Officer’s Representative or other authorized Government official at the Coast Guard facility or vessel.

Acceptance will be based on conformance with the contract requirements, including the Statement of Work, delivery requirements, and applicable performance standards.

Section F. Deliveries or Performance

F.1 Period of Performance

The performance period for this requirement includes five (5) one (1) one year ordering periods. The base period of this requirements contract will begin on date of award for twelve months thereafter. The first-year ordering is a 12-month period that will occur consecutively following the base year. The second ordering period is a 12-month period that will occur consecutively following the first ordering period. The third ordering period is a 12-month period that will occur consecutively following the second ordering period. The fourth ordering period is a 12-month period that will occur consecutively following the third ordering period.

Ordering Period 1: 12/27/2026 – 12/28/2027 Ordering Period 2: 12/27/2027 – 12/28/2028 Ordering Period 3: 12/27/2028 – 12/28/2029 Ordering Period 4: 12/27/2029 – 12/28/2030 Ordering Period 5: 12/27/2030 – 12/28/2031

F.2 Place of Performance

Performance shall occur at the Contractor’s facility, unless otherwise authorized by the Contracting Officer.

F.3 Delivery Schedule

FAR 52.211-8 Time of Delivery (June 1997)

(a) The Government requires delivery to be made according to the following schedule:

This delivery schedule shall apply to all routine and emergency delivery orders in the Contiguous United States (CONUS) and Out of the Contiguous United States (OCONUS) service areas identified on Attachment 3: Proposed Delivery Schedule by the vendor as being in their service area and will apply to all orders for a period of performance of five (5) ordering periods.

Priority 5 orders are “Routine”, Priority 2 orders are “Emergency”.

CLIN

DESCRIPTION

EST.

QTY/UNIT

WITHIN DAYS AFTER DATE OF

CONTRACT

0001 For Approval, Test/Inspections Plan in accordance with specification P-233-

1 Within 30 days after contract award

0002 -

Open, inspect "A1" Turbo 2950-12-390-3739, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit a final Inspection Report per Para. 3.1 & its subparagraphs of specification. P-233-2039

Within 30 days of receipt of GFP.

0003 -

Overhauled of "A1" Turbo 2950-12-390-3739, including labor, mandatory parts, average cost of continency parts, PPM, shipping & submit Final Test Report per Para.

3.2 & its subparagraphs of

Within 45 days after Coast Guard Review/Approval

0004 -

Open, inspect "A2" Turbo 2950-12-390-3213 & submit an Inspection

Report per Para. 3.1 & its subparagraphs of specification. P-233-2039

0005 -

Overhaul of “A2” Turbo 2950-12-390-3213, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039

14 Within 45 days after Coast Guard Review/Approval

0006 -

Open, inspect "B1" Turbo 2950-12-390-3341 & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification. P-233-2039

14 Within 30 days of receipt of GFP.

0007 –

Overhauled of "B1" Turbo 2950-12-390-3341, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039

14 Within 45 days after Coast Guard Review/Approval

0008 -

Open, inspect "B2" Turbo 2950-12-390-5601 & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification. P-233-2039

14 Within 30 days of receipt of GFP.

0009 –

Overhaul of "B2" Turbo 2950-12-390-5601, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para.

3.2 & its subparagraphs of specification. P-233-2039

14 Within 45 days after Coast Guard Review/Approval

0010 -

Open, Inspect Cylinder Head 2815-12-401-6623

& submit an Inspection Report per Para. 3.1 & its subparagraphs of specification. P-233-2039

0011 -

Overhaul of Cylinder Head 2815-12-401-6623 & submit Final Test Report per Para. 3.2 & its subparagraphs of

Within 45 days after Coast Guard

0012 -

Open, Inspect Starter 2920-12-385-6651 & submit an Inspection Report per Para. 3.1 & its subparagraphs of

14 Within 30 days of receipt of GFP.

0013 -

Overhaul of Starter 2920- 12-385-6651 including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039

14 Within 45 days after Coast Guard Review/Approval

0014 -

Open, Inspect Starter 2920-12-385-6663 & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification. P-233-2039

14 Within 30 days of receipt of GFP.

0015 -

Overhauled Starter 2920- 12-385-6663, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P-233-2039 355-6663 & submit Final Test Report per Para. 3.2

14 Within 45 days after Coast Guard

& its subparagraphs of

0016 -

Open, Inspect Coolant Pump 2930-12-408-5714 & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification. P-233-2039

14 Within 30 days of receipt of GFP.

0017 -

Overhaul of Coolant Pump 2930-12-408-5714, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para.

3.2 & its subparagraphs of specification. P-233-2039

14 Within 45 days after Coast Guard Review/Approval

0018 -

Open, Inspect Sea Water Pump 4320-12-420-2316 & submit an Inspection Report per Para. 3.1 & its

0019 -

Overhauled Sea Water Pump 4320-12-420-2316, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para.

3.2 & its subparagraphs of

0020 -

Open, Inspect Intercooler Core 2930-12-408-5926 & submit an Inspection Report per Para. 3.1 & its

0021 -

Overhauled Intercooler Core 2930-12-408-5926, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of

0022 -

Open, inspect Control Lever 3040-01-682-0455 & submit an inspection report per Para. 3.1 & its specification. P.-233-2039

0023 –

Overhauled, Control Lever 3040-01-682-0455, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit final Test Report per Para.3.2 & its subparagraphs of specifications. P-233-2039

14 Within _45 days after Coast Guard Review/Approval

CG Review Coast Guard review and approval of all CFRs and Inspection Reports

As Required 5 Calendar days

0024 -

Open, inspect Oil Cooler, 2930-12-395-6730 & submit an Inspection Report per Para. 3.1 & its subparagraphs of specification P-233-2039

14 Within 60 days of receipt of GFP.

0025 –

Overhauled Oil Cooler, 2930-12-395-6730, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of

14 Schedule within 7 Calendar days of final report approval

0026 –

Overhaul LOP 8-06 5895- 12-395-9484 & submit an Inspection Report per Para.3.1 & its

5 within 90 days of receipt of order specification. P-233-

0026-4027 Overhaul LOP 8-26 5895- 12-395-9489, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final

Test Report per Para. 3.2 & its subparagraphs of specification. P. 233-2039

0028-4028 On-site Technical Support for 20V4000M93L

1 Within 3 days after being contacted by the KO to proceed

0029-4029 On-site Support Travel 1 Within 3 days after being contacted by the KO to proceed

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Quoters who propose delivery that will not clearly fall within the applicable required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when a quoter offers an earlier delivery schedule than required above. Quoter shall complete Attachment 3, Quoter’s Proposed Delivery Schedule. If the quarter offers no other delivery schedule, the required delivery schedule above will apply.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful quoter results in a binding contract. The Government will mail or otherwise furnish to the quoter an award or notice of award not later than the day the award is dated. Therefore, the quoter shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through ordinary mail. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.

(End of clause)

Place of Delivery – DESTINATION: All items shall be delivered F.O.B. Destination to the following address between the hours of 7:00 a.m. and 3:30 p.m. Eastern Standard Time Monday through Friday:

U.S. Coast Guard Surface Forces Logistics Center Receiving Room – Bldg. 88

2401 Hawkins Point Rd Baltimore, MD 21226

M/F: Contract Number: {to be furnished at time of award} Delivery Order Number: {to be furnished with each individual delivery order}

**Note: The Government reserves the right to request direct delivery. Partial shipments may be accepted.

**Note: Failure to prepare any item for shipment, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

Section G. Contract Administration Data

G.1 Contracting Officer

Only the Contracting Officer has authority to bind the Government, modify the contract, or direct changes to contract terms and conditions.

Contracting Officer:

Eddrian Logan, Supervisory Contracting Officer

Email: Eddrian.B.Logan@uscg.mil Phone: (757) 628-4651

G.2 Contracting Officer’s Representative

A Contracting Officer’s Representative may be appointed after award. The COR is not authorized to make changes to contract terms, conditions, price, period of performance, or scope.

COR: Clayton Ward

Email: Clayton.P.Ward3@uscg.mil

G.3 Invoicing Instructions

All information set forth in FAR Clause 52.212-4(g), Contract Terms and Conditions Commercial Items, Invoice, must be included in an invoice for it to constitute a proper invoice.

Invoicing instructions will be provided upon contract award.

ELECTRONIC FUNDS TRANSFER

Any payment that the USCG makes to you will be made by electronic funds transfer unless you certify in writing that you do not have an account with a financial institution or an authorized payment agent.

Invoices shall include:

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number, contract line-item number and, if applicable, the order number;

(4) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(6) Terms of any discount for prompt payment;

(7) Name and address of official to whom payment is to be sent;

(8) Name, title, and phone number of people to notify in event of defective invoice; and

(9) Data Universal Numbering System (DUNS) number. The Contractor shall include its

DUNS number on the invoice.

(10) Electronic funds transfer (EFT) banking information.

Section H. Special Contract Requirements

H.1 Security Requirements

The contractor does not require access to the USCG Facilities. If access is required, the contractor will be escorted to the vessel and to the engine room by USCG personnel.

H.2 Government-Furnished Property or Information

CLIN DESCRIPTION

For Approval, Sample Test Plan and Inspection Reports Formats in accordance with specification #P- 233-2039, Section 3.3.

0003-4003

Overhauled “A1" Turbo, 2950-12- 390-3739, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039

0005-4005

Overhauled "A2: Turbo, 2950-12- 390-3213. including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039

0007-4007

Overhauled "B1" Turbo, 2950-12- 390-3341, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039

0009-4009

Overhauled "B2" Turbo, 2950-12- 390-5601, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039

0011-4011

Overhauled Cylinder Head, 2815-12- 401-6623, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039

0013-4013

Overhauled Starter, 2920-12-385- 6651 including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039

0015-4015

Overhauled Starter, 2920-12-385- 6663, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039

0017-4017

Overhauled Coolant Pump, 2930-12- 408-5714, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039

0019-4019

Overhauled Sea Water Pump, 4320- 12-420-2316, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification.

P-233-2039

0023-4023

Overhauled, Control Lever 3040-01- 682-0455, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039

0025-4025

Overhauled Oil Cooler, 2930-12-395- 6730, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039

0027-4027

Overhaul LOP 8-06 5895-12-395- 9484, including labor, mandatory parts, average cost of contingency parts, PPM, shipping & submit Final Test Report per Para. 3.2 & its subparagraphs of specification. P- 233-2039

H.3 Key Personnel

Position Minimum Qualifications

Technicians Must be MTU/RRSA Series 4000 Certified

The contractor shall not remove or replace key personnel without prior written approval from the Contracting Officer.

H.4 Travel

Travel shall be performed only when authorized and shall comply with the Federal Travel Regulation and contract terms. Travel information is listed in the following CLINS:

0028-4028 On-site Technical Support for 20V4000M93L 0029-4029 On-site Support Travel

Section I. Contract Clauses

The following FAR, DHS, and component clauses apply to this solicitation and resulting contract. The Contracting Officer shall insert the applicable clauses before issuance.

I.1 FAR Clauses

I. FAR 52.212-3 OFFERER REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) applies to this solicitation and is incorporated by reference. The Quoter shall complete only paragraph

(b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

XI. FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023) applies to this acquisition and is incorporated by reference.

(Addendum)

Contract Administration:

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Rd, Baltimore MD 21226 shall be the contract administrator of this contract –

Yaisa Goodwin, Contract Specialist Ph: (206) 815-3362

Email: Yaisa.O.Goodwin@uscg.mil.

XII. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Products and Commercial Services (March 2026)

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) 52-233-2 Service of Protest. Interested parties may request that the Chief of the Contracting Office (COCO), as an independent reviewer, review the protest of either a solicitation or award.

If the COCO cannot review a particular, matter, another agency official designated in Coast Guard procedures will review. If the interested party did not request said independent review at the time of protest, the interested party may request such independent review as an appeal of the Contracting Officer’s protest decision. Such review does not extend or otherwise affect any other protest deadlines outside the Coast Guard.

(7) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(8) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

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

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

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__ (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.

X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – commercial Products and commercial Services (Mar 2026) _X (15) 52.216-2 Economic Price Adjustment – Standard Supplies (Nov 2021) __ (16) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (17) 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).

__ (18) [Reserved] __ (19) (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.

__ (20) (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.

__ (21) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(22) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (23) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

X_ (24) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (25) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (26) 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).

__ (27) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

X_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (29) 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021).

X_ (30) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_ (35) (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).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

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

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (40) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (41) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (42) 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).

__ (43) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).

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

__ (44) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

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

__ (45) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

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

X_ (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. Subtitle A, Part V, Subpart G 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).

X_ (51) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (52) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (53) 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).

__ (54) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 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) 52.240-1, 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.).

__ (60) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (61)

(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.]

X_ (1) 52.216-2 Economic Price Adjustment – Standard Supplies (Nov 2021).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. Chapter 67).

__ (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) (Aug 2018) (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) ( 29U.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).

__ (8) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (10) 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026) __ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

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

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

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

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

(e)

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

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor…

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