B08 RFP W519TC-23-R-0002 Final.pdf
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- Attached to
- Heavy Lift 9 - Commercial Line Haul and Personnel Transportation throughout CENTCOM - Amendment 0006
- Solicitation number
- W519TC-23-R-0002
About this file
This is a request for proposal for commercial line haul, heavy lift, and personnel transportation services throughout the U.S. Central Command area of responsibility. The U.S. Army requires contractors to provide vehicles, equipment, tools, materials, supervision, and non-personal services to safely operate commercial transportation for cargo and personnel movement. Contractors must properly secure and transport loads, recover disabled equipment and cargo, and repair or replace disabled assets per the performance work statement, contract terms, and applicable laws and regulations. Contractors must use trained, qualified, and licensed operators and maintain assets in like-new condition. The closing date for proposals is February 24, 2023, with the Army Contracting Command Rock Island as the issuing agency.
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
Offeror To Complete Block 12, 17, 23, 24, & 30
1. Requisition Number Page Of
2. Contract No. 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 Code 10. This Acquisition is Unrestricted OR Set Aside: % For:
Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program
Hubzone Small Business EDWOSB
Service-Disabled Veteran-Owned Small Business NAICS:
Email: 8(A) Size Standard:
11. Delivery For FOB Destination Unless Block Is Marked
12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating
See Schedule 14. Method Of Solicitation RFQ IFB RFP
15. Deliver To Code 16. Administered By Code
Telephone No.
17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code
Telephone No.
17b. Check If Remittance Is Different And Put Such Address In Offer
18b. Submit Invoices To Address Shown In Block 18a Unless Block Below Is Checked See Addendum
19.
Item No.
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 Govt. Use Only)
27a.Solicitation Incorporates By Reference FAR 52.212-1, 52.212-4. FAR 52.212-3 And 52.212-5 Are Attached. Addenda Are Are Not Attached.
27b.Contract/Purchase Order Incorporates By Reference FAR 52.212-4. FAR 52.212-5 Is Attached. Addenda Are Are Not Attached.
28. Contractor Is Required To Sign This Document And Return _________ 29. Award Of Contract: Ref. Offer 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.
Dated . Your Offer On Solicitation (Block 5), Including Any Additions Or Changes Which Are Set Forth Herein, Is Accepted As To Items:
30a. Signature Of Offeror/Contractor 31a. United States Of America (Signature Of Contracting Officer)
30b. Name And Title Of Signer (Type Or Print) 30c. Date Signed 31b. Name Of Contracting Officer (Type Or Print) 31c. Date Signed
Authorized For Local Reproduction Previous Edition Is Not Usable
Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212
W519TC-23-R-0002 2023FEB03
MARIA C. VITAL-SMITH (309)782-0000
MARIA.C.VITAL-SMITH.CIV@ARMY.MIL
2023FEB24 02:00pm
W519TC
ARMY CONTRACTING COMMAND - RI
ROCK ISLAND, IL 61299-8000
X
484230
X
X DOA6
X
SEE SCHEDULE
SEE SCHEDULE
X X
X 1
1 30
19.
Item No.
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: _________________________________________________
32b. Signature Of Authorized Government Representative 32c. Date 32d. Printed Name and Title of Authorized Government Representative
32e. Mailing Address of Authorized Government Representative 32f. Telephone Number of Authorized Government Representative
32g. E-Mail of Authorized Government Representative
33. Ship Number 34. Voucher Number 35. Amount Verified 36. Payment 37. Check Number Correct For Partial Final Complete Partial Final
38. S/R Account No. 39. S/R Voucher Number 40. Paid By
41a. I Certify This Account Is Correct And Proper For Payment 42a. Received By (Print) 41b. Signature And Title Of Certifying Officer 41c. Date 42b. Received At (Location)
42c. Date Rec’d (YY/MM/DD) 42d. Total Containers
Standard Form 1449 (Rev. 2/2012) Back
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SUPPLEMENTAL INFORMATION
Buyer Name: MARIA C. VITAL-SMITH
Buyer Office Symbol/Telephone Number: CCRI-QI/(309)782-0000
Type of Contract 1: Firm Fixed Price
Kind of Contract: Service Contracts
*** End of Narrative A0000 ***
Executive Summary:
This Executive Summary describes the purpose for this Request for Proposal (RFP) and contains the most salient and pertinent aspects of this solicitation. If a conflict exists between this summary and the provisions of this solicitation, the provisions of this solicitation govern.
A-1. REQUIREMENT. The U.S. Army Contracting Command Rock Island (ACC-RI) hereby requests submission of proposals for the performance of
Heavy Lift Nine (HL9). The U.S. Army requires line haul, heavy lift, and personnel transportation services throughout the U.S. Central
Command (CENTCOM) area of responsibility (AOR), in support of the 1st Theater Sustainment Command (1stTSC). Services shall be performed in accordance with (IAW) the Performance Work Statement (PWS) provided as Attachment 0001 of this RFP. Services include all personnel, equipment, tools, materials, supervision, and non-personal services necessary to perform commercial line haul, heavy lift, and personnel transportation as defined in the HL9 PWS. The Contractor(s) will provide commercial line haul transportation for movement of equipment, cargo, and personnel within the CENTCOM AOR as described further in the PWS. All vehicles, associated equipment, and services provided shall be safely operated; shall meet the intended functions and operations of like new conditions; and be maintained IAW the PWS the contract, local laws, and regulations. Trained, qualified, and properly licensed operators shall be able to operate vehicles and equipment; properly secure loads per Army standards to transport cargo quickly and safely as directed by the U.S. Government; recover disabled equipment and cargo; and repair/replace disabled equipment.
A-2. COMPLIANCE WITH LAWS. The Contractor shall comply with all host nation laws, including labor laws, rules, and regulations, as well as all U.S. laws and regulations, whichever are more restrictive.
A-3. PRE-DEPLOYMENT REQUIREMENTS. The Contractor shall ensure all pre-deployment requirements are met prior to deploying personnel IAW
Defense Federal Acquisition Regulation Supplement clause 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed
Outside the United States, and the PWS.
A-4. GOVERNMENT REPRESENTATIVES. This RFP should not be discussed with any individual representing the U.S. Government, in any capacity, except the Procuring Contracting Officer, David S. Fields, or his representative, Maria C. Vital-Smith. Failure to adhere to this restriction may be grounds to declare a firm ineligible for consideration of any award resulting from this competitive acquisition.
A-5. RFP CLOSING. The closing date and time for receipt of proposals at ACC-RI is 24 February 2023, 1300 Central Time. (Reference SF
1449, Block 8.)
A-6. All questions and comments shall be directed, in English, to "usarmy.ria.acc.mbx.hl9@army.mil". Please ensure the solicitation number (W519TC-23-R-0002) is referenced in the subject line of the email.
A-7. SOLICITATION INFORMATION.
A-7.1. FULL AND OPEN COMPETITION. This RFP is issued on an unrestricted, full and open competition basis.
A-7.2. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE. The NAICS code associated with this RFP is 484230, Specialized
Freight (except Used Goods) Trucking, Long-Distance.
A-7.3. CONTRACT TYPE and Maximum. The Government may award up to five, Firm-Fixed-Price (FFP), Indefinite-Delivery-Indefinite-Quantity
(IDIQ), Multiple Award Task Order Contracts (MATOC). The maximum not to exceed Ceiling price for the entire HL9 program is
$248,081,000.00.
A-7.4. TASK ORDER COMPETITION. The Government will conduct task order competitions based on the required asset type and period of performance (Daily, Monthly, Quarterly, Semi-Annual, and/or Annual) in accordance with section M.10.1. Task Order Competition.
Additional Information: If 45-PAX Bus Systems and Baggage Truck Systems are requested and/or if 25-PAX Bus Systems and Baggage Truck
Systems are requested, they are considered a "Combination System". The offeror with the overall lowest price for BOTH items will receive the award. This is due to specific mission coordination. If an offeror has been awarded a Combination System and there is an added mission request, that offeror will automatically be awarded the Combination System even if its lesser time period price is higher than another offeror. The Task Order Competitions will specify if a Combination System applies.
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W519TC-23-R-0002
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
A-7.5. PERIOD OF PERFORMANCE. The anticipated Period of Performance (POP) will include three, one-year evaluated ordering periods as well as a six-month evaluated ordering period for a total POP of three years and six-months. Additionally, FAR 52.237-3, Continuity of
Services, will be included in the contract.
The projected ordering periods POP will be as follows:
Ordering Period One: Date of award through 364 days after award
Ordering Period Two: 365 days after award through 729 days after award
Ordering Period Three: 730 days after award through 1,095 days after award
Ordering Period Four: 1,096 days after award through 1,276 days after award
A-7.6. The Contractor shall be fully transitioned and operational 90 days after award.
A-7.7. All Offerors are reminded to pay specific attention Attachment 0002, 'Section L Instructions, Conditions, and Notices to
Offerors' and Attachment 0003, 'Section M Evaluation Factors for Award'. The U.S. Government will award a FFP IDIQ Multiple Award Task
Order Competition contract utilizing the Performance-Price Tradeoff (PPT) with technical factors source selection procedures IAW FAR
15.101-1. One (1) solicitation for all services described in the PWS will be issued. The number of awards will be dependent on the number of Offerors whose proposals are determined to provide the best value to the Government. Award will be made to the responsible
Offeror(s) whose offer conforming to the solicitation is/are determined to provide the best value to the Government, based on a tradeoff between price and performance. The source selection will employ the following evaluation factors: Technical (inclusive of the following sub-factors: Management Approach, Technical Capability, and Maintenance and Quality Control Plans), Past Performance and Price.
Technical sub-factors and the technical factor will be rated on an acceptable/unacceptable basis and the proposal must be rated acceptable for all technical sub-factors in order to receive an acceptable rating for the technical factor. The Past Performance factor will be adjectivally rated via a Performance Confidence assessment. Past performance is more important than Price. However, as non-price factors equalize, price becomes more important in the best value analysis. Clarifications and discussions with Offerors may occur during the evaluation process.
A-8. MINIMUM GUARANTEE. Each awardee shall receive the guaranteed minimum dollar value of $1,000,000.00 within the first task order awarded. The guaranteed minimum will be fully funded at the time of award.
A-9. AUTHORIZED TO ORDER. Only ACC-RI is authorized to place orders against the resulting contract(s).
A-10. CURRENCY. Proposals shall be submitted in U.S. dollars. Costs for currency exchanges or fluctuations in currency value are hereby disallowed. (Reference Section L, 52.214-35)
A-11. SUBJECT TO AVAILABILITY OF FUNDS. This solicitation is issued Subject to the Availability of Funds IAW FAR 52.232-18. This solicitation is not currently funded. The U.S. Government reserves the right to not fund all Contract Line Item Numbers (CLINs). The basic contract, ordering periods, and task orders will be subject to the availability of funds at the time of award. In addition, incremental funding is projected for this procurement. (Reference Section I, 52.232-18)
A-12. DIGITAL SIGNATURES. The Government may choose to use Digital Signatures generated from a Common Access Card. This has the same legal affect and binding authority as a hand signature.
A-13. ADDITIONAL INFORMATION.
A-13.1. No costs will be paid or reimbursed in conjunction with this RFP to include any questions and comments solicited.
A-13.2. The U.S. Government anticipates price competition; therefore, cost or pricing data is not required to be submitted with the
Offerors proposal. However, the U.S. Government reserves the right to request cost data if necessary for a fair and reasonable price determination.
A-13.3. Offerors are cautioned to ensure their proposals are fully complete, including all fill-ins and blanks in the solicitation.
A-13.4. The final RFP will prevail over draft versions posted to SAM.GOV.
*** END OF NARRATIVE A0002 ***
3 30
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SUPPLIES OR SERVICES AND PRICES/COSTS
0070 CONTRACTOR MANPOWER REPORTING 1 LO $ ** NSP ** _____________________________ __________________
SERVICE REQUESTED: CONTRACTOR MANPOWER REPORTING
CLIN CONTRACT TYPE:
Firm Fixed Price
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
DLVR SCH PERF COMPL
REL CD QUANTITY DATE ________ ______________ __________
001 1 26-MAR-2027
0071 CONTRACT DATA REQUIREMENTS LIST 1 LO $ ** NSP ** _______________________________ __________________
SERVICE REQUESTED: CONTRACT DATA REQ LIST
CLIN CONTRACT TYPE:
Firm Fixed Price
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
DLVR SCH PERF COMPL
REL CD QUANTITY DATE ________ ______________ __________
001 1 26-MAR-2027
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
Attachment 0001, Performance Work Statement, provides a summary of each CLINs required characteristics and capabilities.
Attachment 0004, Price Matrix, outlines the CLIN structures for each ordering period. Attachment 0004 shall be utilized for submission of pricing.
*** END OF NARRATIVE B0002 ***
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT ADMINISTRATION DATA
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS DEC/2018
(a) Definitions. As used in this clause--
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov ; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this
Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the
WAWF home page at https://wawf.eb.mil/ .
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer
Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items--
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
INVOICE 2IN1
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
COMBO
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some Combinations of invoice and receiving report in one step.]
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PIIN/SIIN MOD/AMD
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0697
Issue By DoDAAC W519TC
Admin DoDAAC W912D1
Inspect By DoDAAC W519TC
Ship To Code N/A
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) W519TC
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and
Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Fields, David S; david.s.fields16.civ@army.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
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PIIN/SIIN MOD/AMD
CONTRACT CLAUSES
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.203-3 GRATUITIES APR/1984
2 52.203-5 COVENANT AGAINST CONTINGENT FEES MAY/2014
3 52.203-7 ANTI-KICKBACK PROCEDURES JUN/2020
4 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR MAY/2014
IMPROPER ACTIVITY
5 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY/2014
6 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018
7 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG/2020
8 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES NOV/2021
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES
9 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL NOV/2021
SERVICES
10 52.232-1 PAYMENTS APR/1984
11 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS NOV/2021
12 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES DEC/2022
13 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS JUN/2003
14 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011
15 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT- DEC/2008
RELATED FELONIES
16 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013
17 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL AUG/2019
18 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS FEB/2019
19 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR OCT/2016
REPORTED CYBER INCIDENT INFORMATION
20 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING DEC/2019
21 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016
22 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS JAN/2021
EQUIPMENT OR SERVICES
23 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS MAR/2022
24 252.204-7022 EXPEDITING CONTRACT CLOSEOUT MAY/2021
25 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS DEC/1991
26 252.216-7010 POSTAWARD DEBRIEFINGS FOR TASK ORDERS AND DELIVERY ORDERS MAR/2022
27 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM JUN/2013
28 252.225-7039 DEFENSE CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE JUN/2016
UNITED STATES
29 252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE OCT/2015
THE UNITED STATES
30 252.225-7056 PROHIBITION REGARDING BUSINESS OPERATION WITH THE MADURO REGIME MAY/2022
31 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC APR/2019
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS
32 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018
33 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006
34 252.232-7011 PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY OPERATIONS MAY/2013
35 252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS--PROHIBITION APR/2020
ON FEES AND CONSIDERATION
36 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL JUN/2013
37 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC/2012
38 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JAN/2021
39 252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES JUN/2013
40 252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY OCT/2010
OPERATIONS
41 252.247-7003 PASS-THROUGH OF MOTOR CARRIER FUEL SURCHARGE ADJUSTMENT TO THE COST JUN/2013
BEARER
42 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (FEB 2019) -- ALTERNATE I (FEB FEB/2019
2019)
43 252.247-7027 RIDING GANG MEMBER REQUIREMENTS MAY/2018
44 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR DEC/2022
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT
2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
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 and Other
Covered Entities (NOV 2021) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 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:
_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).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). _
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of
Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 _ note).
___ (5) [Reserved].
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for _
Debarment (NOV 2021) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). _
___ (10) [Reserved]
___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
___ (ii) Alternate I (MAR 2020) of 52.219-3.
_X_ (12) 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).
___ (13) [Reserved]
___ (14)(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.
___ (iii) Alternate II (Nov 2011) of 52.219-6.
___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020)(15 U.S.C. 644).
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Name of Offeror or Contractor:
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___ (ii) Alternate I (MAR 2020) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).
___ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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 2021) of 52.219-9.
___ (18)(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.
___ (19) 52.219-14, Limitations on Subcontracting (OCT 2022)(15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022)(15 U.S.C. 657 f)
___ (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (OCT 2022)(15 U.S.C. 632(a)(2)).
___ (ii) Alternate I (MAY 2020) of 52.219-28.
___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (OCT 2022)
(15 U.S.C. 637(m)).
___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (OCT
2024) (15 U.S.C. 637(m)).
___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
___ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
___ (27) 52.222-3, Convict Labor (June 2003)(E.O. 11755).
___ (28) 52.222-19, Child LaborCooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _
_X_ (30)(i) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246). _
___ (ii) Alternate I (Feb 1999) of 52.222-26.
___ (31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
___ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)(29 U.S.C. 793).
___ (ii) Alternate I (July 2014) of 52.222-36.
___ (33) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Jun
2020)(38 U.S.C. 4212).
___ (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). _
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___ (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 and 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 (June, 2016) (E.O. 13693).
___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O.
13693).
___ (40)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (41)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
___ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). _
___ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
___ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).
___ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (JAN 2017) of 52.224-3.
___ (48)(i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).
___ (ii) Alternate I (OCT 2022) of 52.225-1
___ (49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (DEC 2022) (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 (JAN 2021) of 52.225-3.
___ (v) Alternate IV (OCT 2022) of 52.225-3.
___ (50) 52.225-5, Trade Agreements (Dec 2022) (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 (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)(42 U.S.C. 5150).
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_X_ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). _
___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commericial Services (NOV 2021)(41 U.S.C. 4505, 10
U.S.C. 3805).
___ (57) 52.232-30, Installment Payments for Commercial Products and Commericial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C.
3805).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management (Oct 2018)(31 U.S.C. 3332). _
___ (59) 52.232-34, Payment by Electronic Funds Transfer -- Other Than System for Award Management (Jul 2013)(31 U.S.C. 3332).
___ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
_X_ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). _
___ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).
___ (63)(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:
___ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
___ (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).
_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option _
Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41
U.S.C. chapter 67).
___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--
Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022) (E.O. 14026).
___ (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.
(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 Contractors 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
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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 (OCT 2022) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of
Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other
Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 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).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)(29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. 7104(g)).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).
(xiv) 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).
(xv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022).
(xvii) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022) (Executive Order 14026).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (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).
(xxi) 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.
(xxii) 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
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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.
(End of Clause)
45 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE JUN/2015
THE UNITED STATES
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the
United States under this contract, shall
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is:
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from PGI 225.372-1.
(End of clause)
46 252.237-7019 TRAINING FOR CONTRACTOR PERSONNEL INTERACTING WITH DETAINEES JUN/2013
(a) Definitions. As used in this clause
Combatant Commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.
Detainee means a person in the custody or under the physical control of the Department of Defense on behalf of the United States
Government as a result of armed conflict or other military operation by United States armed forces.
Personnel interacting with detainees means personnel who, in the course of their duties, are expected to interact with detainees.
(b) Training requirement. This clause implements Section 1092 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L.
108-375).
(1) The Combatant Commander responsible for the area where a detention or interrogation facility is located will arrange for training to be provided to contractor personnel interacting with detainees. The training will address the international obligations and laws of the United States applicable to the detention of personnel, including the Geneva Conventions. The Combatant Commander will arrange for a training receipt document to be provided to personnel who have completed the training.
(2)(i) The Contractor shall arrange for its personnel interacting with detainees to
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(A) Receive the training specified in paragraph (b)(1) of this clause
(1) Prior to interacting with detainees, or as soon as possible if, for compelling reasons, the Contracting Officer authorizes interaction with detainees prior to receipt of such training; and
(2) Annually thereafter; and
(B) Provide a copy of the training receipt document specified in paragraph (b)(1) of this clause to the Contractor for retention.
(ii) To make these arrangements, the following points of contact apply:
PGI 237.171-3(b)
(3) The Contractor shall retain a copy of the training receipt document(s) provided in accordance with paragraphs (b)(1) and (2) of this clause until the contract is closed, or 3 years after all work required by the contract has been completed and accepted by the
Government, whichever is sooner.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items, that may require subcontractor personnel to interact with detainees in the course of their duties.
(End of clause)
47 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC/2014
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
48 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS NOV/2021
(a) Definitions. As used in this clause--
"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
"Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
"Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
"Safeguarding" means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
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(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by
Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
49 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION DEC/2022
2020-O0019)
(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in--
(1) Israel, and the anticipated value of the acquisition is $50,000 or more;
(2) Mexico, and the anticipated value of the acquisition is $92,319 or more; or
(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $183,000 or more.
(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to…
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