70Z08425QDL930002_0_US.pdf
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- Solicitation number
- 70Z08425QDL930002
About this file
This document is a solicitation for a Women-Owned Small Business (WOSB) contract to provide inspection and testing services for 60 Hz circuit breakers located on the switchboards of the USCG Harry Claiborne vessel in the Houston/Galveston, Texas area. The contract has a firm fixed price and is subject to the Service Contract Act with Wage Determination 2015-5233, Rev 28 applying.
The solicitation seeks a contractor to inspect the circuit breaker wire connectors, screws, and plating, and to test the circuit breakers in accordance with NEMA and UL standards. The contractor will also be required to provide circuit breaker data sheets with test results, and may elect to renew circuit breakers in lieu of testing. The period of performance is from January 7, 2025 through February 24, 2025. Offers are due by December 6, 2024 at 12:00 PM EST and will be evaluated on technical capability, past performance, and price, with the lowest priced technically acceptable offer awarded.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
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
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
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
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 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
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
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
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
70Z08425QDL930002
TABLE OF CONTENTS:
Section II: Continuation of SF1449 Section III: Contract Clauses Section IV: List of Documents, Exhibits, and other Attachments Section V: Solicitation Provisions
Section II: Continuation of SF1449
Item Number Base Item Number
Supplies/Services Quantity Unit
0001 Vendor to provide inspection and testing services of 60 Hz circuit breakers located on the switchboards which are onboard USCG Harry Claiborne located in the Houston/Galveston, Texas area. Service contract Act Applies, Wage Determination 2015-5233, Rev 28
1 JA
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
IDC Type: Not Applicable
Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address
Section III: Contract Clauses
Clauses incorporated by reference
None
Clauses incorporated by full text
INTRODUCTION
The U.S. Coast Guard, COCO, Operational Logistics Command (LOG-9), Regional Contracting Southeast (LOG-93), will acquire the services outlined in the solicitation utilizing procedures in FAR Part 13, Simplified Acquisition Procedures.
This solicitation is issued as set aside for 100% for small business. The NAICS code is 541380 with a size standard of $19 Million.
1. Please read the entire solicitation, including all attachments, to ensure completion of all required representations, certifications, and submissions. You must acknowledge all solicitation amendments issued by the Government.
2. Your offer shall include ALL of the documents and information listed in the solicitation; and your offer shall be received by this office at or before December 6, 2024, 12:00PM EST, to be eligible for award. Also, see FAR Provision 52.212-2 for Evaluation Factors.
3. Submit your offer, with all required documentation to Contract Specialist, Tyrone Minnifield, email address:
tyrone.minnifield2@uscg.mil
4.This solicitation does not obligate the Government to compensate for any costs incurred by the Offeror in preparation and/or submission of any offer, nor does it obligate the Government to procure for said services/supplies.
5. QUESTIONS/CONCERNS: It shall be the obligation of the offeror to exercise due diligence to discover and bring to the attention of the Government any ambiguities, inconsistencies, or concerns regarding the information in this solicitation. All questions/concerns regarding this solicitation shall be submitted in writing (NO PHONE CALLS) to the Contract Specialist at tyrone.minnifield2@uscg.mil no later than November 26, 2024, 5:00 PM EST. Follow-up/additional questions will not be accepted after this date. Offerors shall reference the solicitation number and provide enough information in their email so the Government can easily respond to their questions/concerns. All questions/concerns will be compiled and addressed on an "Amendment of Solicitation" and will be posted on the SAM.gov website for viewing by all potential offerors.
*Only send questions/concerns to the Contracting Officer above or if not available the Contract Specialist listed
CONTRACT ADMINISTRATION/MANAGEMENT
Notwithstanding the Contractor's responsibility for total management during the performance of the Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The individuals listed below will be the Government points of contact during the performance period.
Contract Administration
The U.S. Coast Guard, Operational Logistics Command (LOG-93), Regional Contracting Southeast, 300 East Main Street, Suite 965, Norfolk, VA 23510-9112 will perform all contract administration. Communications pertaining to contractual administrative matters for this Contract shall be addressed to the Contracting Officers (KO) listed below. Changes in, or deviations from, the scope of work shall not be affected without written modification to the Order as executed by a Contracting Officer.
Primary Contracting Officer: Tina Ford Telephone #: (571) 613-2876
E-Mail: Tina.M.Ford@uscg.mil
Alternate Contracting Officer(s): Any warranted USCG Contracting Officer within LOG-9 with the appropriate warranted authority.
Contract Administrator (Contract Specialist)
The Contract Specialist (KS) serves as the point of contact between the Contractor and the Contracting Officer for this contract; however, this person does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the Contract.
Contract Specialist: Tyrone Minnifield Telephone #: (206) 815-3300
E-Mail: Tyrone.Minnifield2@uscg.mil
Contracting Officer's Representative (COR)
The COR is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for items within the scope of this Contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the authorities and limitations of the COR under the Contract. A COR does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the Contract.
INSPECTION AND ACCEPTANCE
Inspection and acceptance of all work performance, reports, and other deliverables under this Order shall be performed by the Contracting Officer's Representative (COR), whom will be designated in writing by the Contracting Officer after award.
Scope of Inspection
All deliverables will be inspected for content, completeness, accuracy, and conformance to Order requirements by the designated COR. Inspection may include validation of information or software through the use of automated tools, testing or inspections of the deliverables, as specified in the Order. The scope and nature of this inspection will be sufficiently comprehensive to ensure the completeness, quality, and adequacy of all deliverables. Specifically, work products shall be accurate in presentation, technical content, grammar and word usage, and industry standards style. All diagrams shall be easy to understand and be relevant to the supporting narrative.
Basis of Acceptance
The basis for acceptance shall be compliance with the requirements set forth in the awarded Contract and the terms and conditions of the Contract. Reports, documents, and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the Government have been corrected. If a draft deliverable is adequate, the Government may accept the draft and provide comments for incorporation into the final version. All of the Government's comments regarding deliverables must either be incorporated in the succeeding version of the deliverable, or the Contractor must demonstrate to the Government's satisfaction why such comments should not be incorporated. If the Government finds that a draft or final deliverable contains spelling errors, grammatical errors, improper format, or otherwise does not conform to the requirements stated within the awarded Contract, the document may be immediately rejected without further review and returned to the Contractor for correction and resubmission. If the Contractor requires additional Government guidance to produce an acceptance draft of a deliverable, the Contractor shall contact the designated COR.
DELIVERIES OR PERFORMANCE
Place(s) of Performance
The place of performance is at the USCG IPF Galveston, 3000 Ft Point Rd, Galveston TX 77550
Performance Date
The period of performance for is a one-time service from 7 January 2025 thru 24 February 2025
Notice Regarding Late Delivery.
The Contractor shall notify the Government in writing as soon as it becomes apparent to the Contractor, that the scheduled delivery will be late. Such notification in no way limits any Government contractual rights or remedies including but not limited to termination.
INVOICE INSTRUCTIONS
In conjunction with the subject award, proper invoices will be submitted through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury's Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.
Actions to take:
If you are already enrolled in IPP:
If your company is already registered to use IPP, you will not be required to re-register and you do not need to contact IPP.
If you are NOT already enrolled in IPP:
The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov.
Please note that emails from this email address may filter into your spam or junk folder:
1. The first email will have the IPP Logon ID and a link to the IPP application.
2. A second email, which will be sent within 24 hours of the first email, contains a temporary password.
Once your contact receives these emails, please ensure they log into IPP and complete the registration process.
Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.
Vendor training materials, including a first time login tutorial, are available on the https://www.ipp.gov/ website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a great opportunity to learn the basic of the system and to call in and ask the IPP team questions about the IPP application.
IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.
· Toll-free number: 866-973-3131
· Email address: IPPCustomerSupport@fiscal.treasury.gov
· Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm ET
STATEMENT OF WORK
Statement of Work for Circuit Breakers (60 Hz), Inspect and Test
1. SCOPE
1.1 Intent. This work item describes the requirements for the Contractor to inspect and test circuit breakers (60 Hz) located on the Switchboards.
2. REFERENCES COAST GUARD DRAWINGS
Coast Guard Drawing 175-WLM 320-1, Rev U, Electrical One-Line Diagram
OTHER REFERENCES
National Electrical Manufacturers Association (NEMA) Stds, Pub. No. AB4, 2003, Guidelines for Inspection and Preventive
Maintenance of Molded Case Circuit Breakers Used in Commercial and Industrial Applications
Underwriters Laboratories Inc. (UL) 489, May 2002, Molded Case Circuit Breaker
3. REQUIREMENTS
3.1.3 Protective measures - general. The Contractor shall furnish and install all protective coverings to seal off and protect all non-affected vessel's components, equipment, and spaces in the vicinity of the work area against contamination during the performance of work. Upon completion of work, the Contractor shall remove all installed protective measures, inspect for the presence of contamination, and return all contaminated equipment, components, and spaces to original condition of cleanliness.
3.1.4 Interferences. The Contractor shall handle all interferences in accordance with SFLC Std Spec 0000, paragraph 3.3.5 (Interferences).
3.2 Inspection requirement. The Contractor shall inspect all circuit breaker wire connectors, screws and plating and submit a
CFR.
3.2.1 The Contractor shall provide skilled technicians, portable instrument standards and all necessary equipment to inspect and test circuit breakers designated in the work item. The Contractor may remove the circuit breakers from the vessel to a shoreside test facility. If this is done the Contractor shall exercise extreme care in transporting and reinstalling the circuit breakers to original operating condition on Switchboard.
3.2.2 Prior to any wiring disconnection and removal of circuit breakers, the Contractor shall record all wiring information, trip setting adjustments, and equipment locations necessary for use in later reinstallation. Retain all mounting and connecting hardware for later reuse. Submit a CFR.
3.2.3 Disconnect and remove the circuit breakers listed in the Table 1& 2. Coordinate the disconnection and removal of the circuit breakers with the COR to minimize disruption of power. Temporarily cover or insulate switchboard or panel board openings created by the removal of circuit breakers to prevent personnel contact with energized conductors.
3.2.4 The Contractor shall notify the COR 48 Hours prior to start work on this item.
3.2.5 Surface burn marks and hairline cracks are acceptable but shall not deteriorate the mold surface or impair physical strength. Cracks are not permitted in wall section between phase and a ground plane when there is a conducting part in contact with the wall section. Cracks shall not exceed 0.75 inch in length, and in no case should be greater than 50 percent of the length of the surface in which the crack appears. Submit a CFR.
3.3 Circuit breaker testing. The contractor shall test circuit breakers listed in the Table 1&2 in accordance with the National Electrical Manufacturers Association (NEMA) AB 4 or UL 489 Molded Case Circuit Breakers. The test shall include, at a minimum:
· Mechanical Operation
· Insulation Resistance
· Individual Pole Resistance
· Inverse-Time Over current Tripping
· Instantaneous Over current Tripping
· Rated Hold-In Current (Note: Perform this test only on the circuit breakers which are tripping under normal load condition. The Coast Guard Inspector will identify the circuit breakers).
3.4 Circuit breaker data sheet. The contractor shall provide data sheet of each circuit breaker testing with the following information:
· Circuit Breaker Model and Serial Number
· Circuit Breaker Service
· Circuit Breaker Visual Condition
· Test Voltage/Test Amperes
· Type of Test/Test Method/Test Date/Name of Test Laboratory
· Result of Testing
3.5 Circuit Breaker Renewal. Contractor's option for circuit breaker renewal. The Contractor may elect to renew circuit breakers in lieu of testing (due to high cost of labor for testing or non available nearby testing facilities) at no additional cost to the government. Ensure that all circuit breakers shall be UL 489 Certified.
TABLE 1 – CIRCUIT BREAKER LIST
QUANTITY
DESCRIPTI ON
SIEMENS PART NO
SERVICE
LOCATION
800 AF, 400
AMP
AS8AEXBA06DU4
SS Switchboard
Emergency Switchboard Bus Tie
Emergency
Switchboard, 450 Volt Section
800 AF, 375
AS8AEXBA06DU4
Emergency Generator
800 AF, 500
AMP IT
PART No. XXX
Port/STBD Z-Drive Back Up Hydraulic LO Pump
125 AF, 125
ED63M125
Fire Pump No.1&2
125 AF, 100
ED63M100
Engine Room Vital Panel
125 AF, 100
ED63M100
Main Deck Vital Panel
125 AF, 20 AMP
ED63M020
Chart Room Vital Panel
125 AF, 35 AMP
ED63M035
120 Volt ABT
TABLE 2– CIRCUIT BREAKER LIST
DESCRIPTION
800 A, F400 AT
RL-AS8EAGXBA06E
Shore Power
Main Switchboard
800 AF, 520 AT
RL-AS8EAEXBA06DUA
SSDG No.1,2&3
800 AF -Non
Automatic
RL-AS8EXXXBXXXE
Bus Tie 1S-2S & 2S-3S
800 AF, 700 AT
RL-AS8EAEXBA06DU4
Distribution CB
800 AF, 500 IT
Port /Stbd Z Drive, Backup Hydraulic/Lo Pump
800 AF, 400 AT
RLAS8EAEXBA06DU4
HPU Control Panel
125 AF, 100 AT
ED23M100
Engine Room Power Panels (P2&P5).First Platform Fwd Power
Panel (P6)
SS Switch Board
125 AF, 80 AT
ED23M080
Pump Room Power Panel (P4) &02 Level Power
Panel (P19)
125 AF,125 AT
ED23M125
Galley Power Panel (P10)
250 AF, 200 AT
FXD63M200
O1 Level Vent/Heater Panel (P17)
125 AF, 50 AT
ED23M050
Main&Lower Deck Vent Power Panel (P7 & P20)
125 AF, 125 AT
ED23M125
ABT(FF Control Panel)
125 AF, 25 AT
ED23M025
Galley Power Panel
DESCRIPTION
SS Switchboard, Engine Room Power Panel (P1), Main Deck Vital Power
Panel (P8)
125 AF, 20 AT
NOED23M020
Chart Room Vital Panel (P15)
125 AF, 35 AT
ED23M035
700 AT
SCR Drive
125 AF, 50 AT
ED23M050
Capstan
RHIB Crane Hydraulic Power Unit
Misc Power Panels
3.6 Circuit Breaker Installation. After all testing is complete; reinstall circuit breakers using previously recorded wiring information to its original operating condition and Coast Guard TP 3619.
NOTE
Coast Guard Personnel will operate all shipboard machinery and equipment.
3.7 Operational test - general.
3.7.2 Operational test – post repairs. After completion of work, the Contractor shall thoroughly test, in the presence of the Coast Guard Inspector and demonstrate all items or shipboard devices that have been disturbed, used, repaired, altered, or installed to be in satisfactory operating condition. Submit a CFR.8
4. NOTES
This section is not applicable to this work item.
52.252-2: CLAUSES INCORPORATED BY REFERENCE (FEBRUARY 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. The full text of FAR Clauses may be accessed electronically at: http://www.acquisition.gov/far/ The full text of HSAR Clauses may be accessed electronically at:
https://www.acquisition.gov/hsar
Article Number
Reference Text
52.204-13
52.204-13:SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.209-6
52.209-6:PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR
PROPOSED FOR DEBARMENT (NOV 2021)
52.212-1
52.212-1: INSTRUCTIONS TO OFFERORS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)
52.212-4
52.212-4:CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
52.223-5
52.223-5:POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY
2011)
52.223-10
52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)
52.232-1
52.232-1 PAYMENTS
52.232-9
52.232-9:LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
52.237-2
52.237-2:PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND
VEGETATION (APR 1984)
52.237-3
52.237-3:CONTINUITY OF SERVICES (JAN 1991)
HSAR Clauses added by reference
3052.222-70
3052.222-70:STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF
THE CONTRACT WORK (DEC 2003)
3052.223-90
3052.223-90:ACCIDENT AND FIRE REPORTING (DEC 2003)
52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of USCG Contracting Officer and shall not be binding until so approved.
(End of clause)
52.204-23 (DEVIATION) PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES
(DEVIATION 2020-05 Rev 3) (July 2024)
(a) Definitions.As used in this clause-
Kaspersky Lab covered article means any hardware, software, or service that–
(1) Is developed or provided by a Kaspersky Lab covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.
Kaspersky Lab covered entity means–
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., "Kaspersky";
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b)Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-
91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—
(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and
(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c)Reporting requirement.
(1)IntheeventtheContractoridentifiescoveredarticleprovidedtotheGovernmentduringcontractperformance,ortheContractoris notifiedofsuchbyasubcontractoratanytierorbyanyothersource,theContractorshallreport,inwriting,via email,totheContracting Officer,ContractingOfficer'sRepresentative,andtheEnterpriseSecurityOperationsCenter(SOC)atNDAAIncidents@hq.dhs.gov, withrequiredinformationin thebodyoftheemail.InthecaseoftheDepartmentofDefense,theContractorshallreportto thewebsiteat https://dibnet.dod.mil.Forindefinitedeliverycontracts,theContractorshallreporttotheEnterpriseSOC,ContractingOfficerforthe indefinitedelivery contractandtheContractingOfficer(s) and Contracting Officer's Representative(s)foranyaffected order or,inthe caseoftheDepartment ofDefense,identifyboth theindefinite deliverycontract and anyaffectedorders inthe report provided athttps ://dibnet.dod.mil.
(2) The Contractor shallreport thefollowing information pursuant to paragraph (c)(1) of this clause:
(i) Within3business daysfromthedateofsuchidentificationornotification:thecontractnumber;theorder number(s),ifapplicable;supplier name;brand;modelnumber (Original EquipmentManufacturer (OEM) number,manufacturerpartnumber,orwholesaler number);item description;and anyreadilyavailable information about mitigation actions undertaken orrecommended.
(ii) Within10business days ofsubmittingthereportpursuanttoparagraph (c)(1)ofthisclause: anyfurther available information aboutmitigationactionsundertaken orrecommended.Inaddition,theContractor shalldescribe theeffortsitundertook toprevent useorsubmission ofaKaspersky Lab coveredarticle,any reasonsthat ledtotheuseorsubmission oftheKaspersky Lab coveredarticle,andanyadditional efforts that willbeincorporatedtoprevent futureuseorsubmission ofKaspersky Lab coveredarticles.
(d) Subcontracts.TheContractor shall insert thesubstance ofthisclause,including thisparagraph (d),inallsubcontracts, including subcontracts fortheacquisition ofcommercialitems.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV
2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C.
3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_________ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
_________ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
_________ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_________ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_________ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-
282) ( 31 U.S.C. 6101 note).
_________ (6) [Reserved].
_________ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_________ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).
X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
_________ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).
_________ (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.
https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.govinfo.gov/link/uscode/10/3801 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390
X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
_________ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
_________ (14) [Reserved].
_________ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
_________ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
_________ (17) [Reserved]
X (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
_________ (ii) Alternate I (Mar 2020) of 52.219-6.
_________ (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
_________ (ii) Alternate I (Mar 2020) of 52.219-7.
_________ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
_________ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
_________ (ii) Alternate I (Nov 2016) of 52.219-9.
_________ (iii) Alternate II (Nov 2016) of 52.219-9.
_________ (iv) Alternate III (Jun 2020) of 52.219-9.
_________ (v) Alternate IV (Sep 2023) of 52.219-9.
_________ (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
_________ (ii) Alternate I (Mar 2020) of 52.219-13.
_________ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
_________ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
_________ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Feb 2024) (15 U.S.C. 657f http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
_________ (26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024)(15 U.S.C. 632(a)(2)).
_________ (ii) Alternate I (Mar 2020) of 52.219-28.
_________ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
_________ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
_________ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
_________ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
X (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_________ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) .
X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (34)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
_________ (ii) Alternate I (Feb 1999) of 52.222-26.
_________ (35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
_________ (ii) Alternate I (Jul 2014) of 52.222-35.
_________ (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
_________ (ii) Alternate I (Jul 2014) of 52.222-36.
_________ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_________ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
_________ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
_________ (40) 52.222-54, Employment Eligibility Verification (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.)
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim
_________ (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_________ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_________ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (E.O. 13693).
_________ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (E.O. 13693).
_________ (44) 52.223-20, Aerosols (May 2024) (E.O. 13693).
_________ (45) 52.223-21, Foams (May 2024) (E.O. 13693).
_________ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
_________ (47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
_________ (ii) Alternate I (Jan 2017) of 52.224-3.
X (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
_________ (ii) Alternate I (Oct 2022) of 52.225-1.
X (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
_________ (ii) Alternate I [Reserved].
_________ (iii) Alternate II (Dec 2022) of 52.225-3.
_________ (iv) Alternate III (NOV 2023) of 52.225-3.
_________ (v) Alternate IV (Oct 2022) of 52.225-3.
_________ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
_________ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim
_________ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
_________ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
(55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
_________ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
_________ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_________ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_________ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
_________ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
_________ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_________ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
_________ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
_________ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
_________ (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
_________ (ii) Alternate I (Apr 2003) of 52.247-64.
_________ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_________ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_________ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
_________ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm
Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
_________ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
_________ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101 , on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(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).
https://www.govinfo.gov/link/uscode/41/4712
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L.
115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.203-17 (Deviation) CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (April 2024) (DHS-USCG
DEVIATION 14-01, Revision 1)
(a) This contract and employees working on this contract will be subject to the whistleblower…
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