B08_W519TC23R2059.pdf
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- Compressed Gases
- Solicitation number
- W519TC-23-R-2059
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This solicitation requests proposals for multiple blanket purchase agreements for compressed gases to be supplied to Pine Bluff Arsenal. The Army Contracting Command - Rock Island is seeking vendors willing to enter into agreements for a five year period from October 2023 through September 2028. Individual orders shall not exceed $10,000 and will be placed by authorized ordering officers. Offerors must demonstrate capabilities to supply various compressed gases listed in the statement of work, including but not limited to oxygen, nitrogen, argon and carbon dioxide. Proposals are due by July 28, 2023. Evaluation will consider technical capabilities and relevant past experience. Awards will be made to responsible offerors determined technically acceptable based on submission responses.
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|---|---|---|
| B08_W519TC23R2059_Solicitation_Amendment.pdf | ||
| Attachment 0001_SOW_03May23.pdf |
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SEE ADDENDUM
(No Collect Calls)
W519TC23R2059
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
12:00 PM 28 Jul 2023
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W519TC9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JESSICA M. LITWILER
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
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
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ARMY CONTRACTING COMMAND - ROCK ISLAND
3055 RODMAN AVE
ROCK ISLAND IL 61299
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,200
NAICS:
325120
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF20
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
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
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W519TC23R2059
Section SF 1449 - CONTINUATION SHEET
EXECUTIVE SUMMARY
ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL
1. Army Contracting Command - Rock Island (ACC-RI) hereby issues Solicitation W519TC-23-P-2367 for Multiple Blanket Purchase Agreements (BPAs) for Pine Bluff Arsenal (BPA) to supply Compressed gases to PBA. This solicitation is issued pursuant to Federal Acquisition Regulations (FAR) Part
13.303 for Multiple BPAs using firm fixed price orders, as deemed necessary for the particular requirement solicited. ACC-RI is seeking businesses willing to enter into a BPA, as defined by FAR
13.303 for a period of five (5) years from the date of award. All orders under a BPA shall be continued until the performance is complete and the order is paid, even after the BPA expiration date.
2. All BPAs awarded will be for five (5) years. Exact dates will be specified in the basic agreements.
3. The Government reserves the right to make multiple awards.
4. Offerors that provide sufficient documentation as to their capabilities to supply compressed gases in accordance with Attachment 0001 – Statement of Work_03May23 will be considered in establishing the BPA. Listed in the Statement of Work are the gases to be ordered against BPAs but are not limited to the list provided.
5. Period of Performance:
01 October 2023 – 30 September 2028
6. No individual order executed under this agreement shall exceed $10,000. Orders are to be placed from the Ordering Officers assigned to Agreement or ACC-RI (CCRI-AE). Contractor shall provide an invoice for each call order to the Ordering Officer or submit via WAWF if the call order is placed by
ACC-RI.
7. Upon each Call order, Contractor will be required to provide price for option of pick-up or delivery.
8. A BPA Master does not obligate any funds. The Government is obligated only to the extent of call orders issued under the BPA.
9. There is no minimum purchase under this agreement.
10. The BPA holder shall agree that the clauses and provisions included in the resulting BPA master agreements are incorporated and made a part of each Government call order under the BPA. If any clauses are revised during the life of this BPA, the most recently dated version of the clause shall apply.
11. PROPOSALS ARE DUE NO LATER THAN: July 28, 2023, 12:00 PM (CST)
12. The Point of Contact for this action is Jessica M. Litwiler, at jessica.m.litwiler.civ@army.mil.
INITIAL AND FOLLOW-ON COMPETITION AND EVALUATION:
1. Offerors that have a proven record of providing the types of compressed gases for some or all of the types to include, but not limited to those indicated above will be considered in establishing this BPA. All Offerors determined to be responsible pursuant to FAR 9.104-1 and technically acceptable within the criteria within Attachment 0001 -Statement of Work_03May23, are eligible for award of a BPA.
2. Each BPA holder will be provided a fair opportunity to be considered for each requirement. Award of individual BPA call orders will be generally based on lowest price and delivery. The services to be furnished under these BPAs are considered commercial services and adequate competition is anticipated, therefore certified cost and pricing data will not be required. However, the Government reserves the right to request other than certified cost or pricing data to assist with the determination of fair and reasonable pricing of each individual order. The Contracting Officer may also consider the following:
a. Each Offeror’s record of past performance of earlier orders under the BPAs, including quality and the ability to meet performance schedules set forth in the applicable BPA order. The Government will continue to monitor all Offerors’ performance after establishment of these BPAs. Offerors will have the ability to comment on any adverse past performance to which the Offeror has not yet had the opportunity to respond.
b. Each Offerors’ current and outstanding individual BPA order capacity.
c. Any other factors to be indicated in the specific Request for Quote (RFQ) for a BPA order.
d. In Accordance with 13.303-5(d)(1), if it is determined that there is an insufficient number of
BPAs available to ensure maximum competition practicable, the Contracting Officer shall be allowed to solicit quotations from other sources and make the purchase as appropriate.
GENERAL INFORMATION
1. The Government anticipates administration of the basic BPA by ACC-RI and individual BPA call orders by the authorized Ordering Officers or ACC-RI. No individual order executed under this agreement shall exceed $10,000. This limitation is in accordance with the procedures and thresholds under FAR 13.303-5(b) (2).
2. Contractor shall provide invoices for each call order to the Ordering Officer that placed the order.
3. Contractor must accept Government Credit Card payment. All call orders placed by Ordering Officers will be paid via Government Credit Card.
4. When BPA call orders are placed by ACC-RI, the requirement under FAR 13.303-3(a)(5) for delivery tickets will be accomplished using the Wide Area Workflow (WAWF) for shipping /invoicing, and as set forth at DFARS clause 252.232-7006. The Offeror shall ensure that copies of all WAWF notifications are sent to the contract specialist listed on the BPA call order.
5. A request for call order quote will be issued by e-mail for each call order, to allow all awardees a fair opportunity to quote each call order.
6. There are two types of BPA call orders: regular and expediated. Offerors will be notified what call order type via the RFQ email. For regular call orders, Offerors will be allowed one (1) business days to respond to a request for a call order quote. Requirements which are urgent are considered expedited. Expediated call orders are in the case in which the Government reserves the right to request quotes the same day, exact response time will be identified in the request. The Government intends to issue call orders without discussions. However, the Government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary. If no Offerors reply to the request for call order quote by the deadline within the quote, the Government may acquire the supply from another source.
7. The contractor shall have parts ready for pick-up or deliver ordered parts or fluids within two (2) business days after award of regular call orders and one (1) business day after award of expediated call orders.
8. The Government intends to competitively issue each call order to the offeror whose quote represents the lowest price which meets the Government's need including delivery. If additional factors will be considered, they will be identified in the solicitation. The Government reserves the right to make single or multiple call order awards based on the schedule and quantities required. The Government will identify in each call order solicitation if it will be a multiple or single award. The criteria for future placement of call orders are as follows:
a. Written call order quotes will be requested prior to the execution of any subsequent call order.
Subsequent call orders will be placed with the successful offeror(s). The Government may consider the following for each call order:
i. Proposed total prices.
ii. Past performance on previous contracts under against this contract.
iii. The ability to meet the call requirements.
iv. The quality of the services provided on previous call orders against this agreement.
v. As stated above, the Government intends to award competitive call orders unless any of the exceptions to the fair opportunity process as stated in FAR 16.505(b)(2) apply.
9. Each call order RFQ shall contain the required delivery date to FOB Destination. On time delivery is very critical; therefore, the Offeror must adhere to the delivery requirements indicated in each call order. Failure to comply with the contractual delivery schedule after award may result in termination of the order or require consideration if the Government elects to extend the delivery. The Government is not required to extend a delivery schedule if Offeror encounter delays. The non-availability of raw materials, sub-Offeror issues, scheduling conflicts, etc. are not acceptable excuses for failing to meet the delivery schedules. Early delivery may be authorized but must be approved and coordinated in advance of due date with the Contract Specialist and/or Contracting Officer designated in the call order. If there is going to be a delay in delivery, the Offeror is required to notify the Contract Specialist and Contracting Officer designated in the call order within 24 hours of knowledge of that delay.
10. Variation in Quantity, FAR clause 52.211-16 will be included in the request for call order quote if it is applicable.
SPECIAL INSTRUCTIONS FOR OFFERORS:
1. The closing date of this solicitation will be for responses to establish the initial pool of BPA holders.
2. In accordance with FAR13.303-6, the Contracting Officer will conduct further market research on an annual basis to update any current BPAs at that time, if necessary, and to maintain an awareness of possible market conditions that could allow new arrangements with additional Offerors at that point.
3. The Government also reserves the right to establish additional BPAs other than annually, to facilitate purchases, if deemed necessary, and if the sources have provided the information stated in paragraph 1, Initial and Follow on Competition and Evaluation Section.
4. Offerors must submit their documentation in a single submission prior to the closing date and time listing on page one of this solicitation.
5. Offerors must complete the questionnaire below:
OFFEROR QUESTIONNAIRE
Company name: _________________________________ CAGE code: _____________________________________ Primary Point of Contact Name: __________________________ Phone________________________ Alternate point of Contact Name: __________________________ Phone_________________________ Will you accept credit card payment? ______________
SECTION L – INSTRUCTIONS TO OFFERORS
GENERAL INSTRUCTIONS:
1. These instructions are a guide for preparing your submission. These instructions generally describe the type and extent of information Offerors should provide and emphasize the specific areas you must address in your submittal. You are expected to review the solicitation and its attachments, which will serve as the guideline and item list for any future requirement. You should include in your submission, sufficient information to enable the Government to determine your potential eligibility to be awarded a Blanket Purchase Agreement (BPA) for all future requirements. It is the Government's intent to award multiple BPAs as a result of this solicitation. Pages must be 8.5” x 11”, and 12 point font or greater, Arial font, single-spaced, typed in black on white background (black on white requirement does not apply to graphics, photos, etc., company stationary and logos are acceptable). Font requirements apply to bullets and other special text formatting, including tables and graphic displays.
2. It is the Government's intent to award multiple BPAs under this solicitation to responsible Offerors determined to be technically acceptable in accordance with the criteria within the solicitation instructions and evaluation criteria. Offerors submissions shall address the following aspects to determine technical acceptability:
a. Technical Capabilities
i. The Offeror shall provide evidence that their firm has the ability to supply some or all of the compressed gases specified in Attachment 0001 – Statement of Work.
ii. Technical Capabilities portion of this solicitation shall not exceed 10 pages in length.
b. Experience:
i. The bidder shall provide no less than two (2) contract references for recent and relevant work it has performed either as a Prime Contractor or a Subcontractor.
“Recent” is defined as a measure of time that has elapsed since the contract reference occurred and is generally expressed as a time period during which contract reference is considered relevant; for the purpose of this solicitation, “recent” is any contract under which any relevant performance, delivery, or corrective action has occurred within the three (3) years preceding this solicitation closing date, regardless of the original award date.
“Relevant” is defined as a contract that supplied some or all of the compressed gases specified in Attachment 0001 – Statement of Work. Relevant contracts can include work done for the Government (Federal, State, or Local) or the Commercial Industry.
For each reference, the contractor shall identify the contract number, customer/company name, the reference POC’s name, phone number, email address, and description of the materials supplied.
Offerors shall submit submissions electronically to Contract Specialist, Jessica M. Litwiler at jessica.m.litwiler.civ@army.mil and shall be received by closing listed on solicitation in order to be considered as a potential BPA holder in the initial pool, and eligible to participate in immediate requirements under the BPA.
SECTION M - EVALUATION FACTORS
1. Each Offeror’s submission shall include all information requested by the Government at the time the submission is due. The Government is not obligated to request further information from any Offerors to determine technical acceptability or responsibility but does reserve the right to obtain additional information if determined necessary by the Contracting Officer.
2. All submittals will be subject to evaluation by Government personnel, with strict adherence to the evaluation criteria.
3. The Government will determine responsibility by analyzing if the potential BPA holder complies with the requirements at FAR Part 9.1.
4. The following factors shall determine Offeror submission technical acceptability:
a. Technical Capabilities
b. Experience
These factors are outlined below with the Government's criteria to determine Offerors technically acceptable.
Offerors must be found acceptable under both factors (Technical Capabilities and Experience) to be determined technically acceptable.
a. Technical Capabilities:
The Offeror’s submission will be evaluated to determine if the Offeror has clearly indicated the following:
ACCEPTABLE: The Offeror demonstrates the ability to supply some or all of the compressed gases specified in Attachment 0001 – Statement of Work_03May23.
UNACCEPTABLE: The Offeror does not demonstrate the ability to supply some or all of the compressed gases specified in Attachment 0001 – Statement of Work_03May23.
b. Experience:
i. The Government will evaluate the Offeror’s recent and relevant references to determine if the Offeror has the experience necessary to execute the requirements.
ACCEPTABLE: A proposal that includes the following:
A minimum of two (2) contracts determined to be both recent and relevant. In order to be acceptable, the proposal must include all of the information required by the Instruction to Offerors section for Experience.
UNACCEPTABLE: A proposal that does not include the following:
A minimum of two (2) contracts determined to be both recent and relevant are not provided. The proposal does not include all of the information required by the Instruction to Offerors section for Experience.
ADDITIONAL EVALUATION INFORMATION:
1. The above evaluation criteria will determine the initial pool of BPA holders only.
2. Specific evaluation criteria for specific requirements shall be communicated within each BPA call order
END OF ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL
CLAUSES INCORPORATED BY REFERENCE
52.203-2 Certificate Of Independent Price Determination APR 1985 52.204-1 Approval of Contract DEC 1989 52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications MAR 2023 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-20 Predecessor of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services-- Representation.
OCT 2020
52.207-4 Economic Purchase Quantity-Supplies AUG 1987 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FEB 2016
52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
MAR 2023
52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services
DEC 2022
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.217-4 Evaluation Of Options Exercised At The Time Of Contract Award
JUN 1988
52.217-5 Evaluation Of Options JUL 1990 52.217-6 Option For Increased Quantity MAR 1989 52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.232-33 Payment by Electronic Funds Transfer--System for Award Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
MAR 2023
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.249-14 Excusable Delays APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors
JAN 2023
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7017 Notice of Supply Chain Risk DEC 2022 252.239-7018 Supply Chain Risk DEC 2022 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)
Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)
(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 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) 52.232-40, 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.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.
L. 117-328).
X (9) 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).
___ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
____ (11) [Reserved]
____ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
____ (13) 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).
____ (14) [Reserved]
____ (15)(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.
____ (16)(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.
____ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).
____ (18)(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.
X (19) (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.
____ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
____ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.
657f).
____ (23) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).
____ (ii) Alternate I (MAR 2020) of 52.219-28.
____ (24) 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)).
____ (25) 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)).
____ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
X (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
X (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
X (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).
X (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
X (31)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
____ (32)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
____ (ii) Alternate I (JUL 2014) of 52.222-35.
X (33)(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.
____ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
____ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
X (36)(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).
____ (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.)
____ (38)(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.)
____ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
____ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(JUN 2016) (E.O. 13693).
____ (41)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (42)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-14.
____ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
____ (44)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-16.
X (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.
13513).
____ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
____ (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).
____ (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (49) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).
____ (ii) Alternate I (OCT 2022) of 52.225-1.
____ (50)(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.
X (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.
____ (51) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
____ (52) 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).
____ (53) 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).
____ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150
____ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
____ (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).
X (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (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) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (64)(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.]
_____ (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).
_____ (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) (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 for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.
13658).
_____ (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 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) 52.203-19, 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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.
117-328).
(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (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.
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 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.
(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).
(xiv) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (MAR 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xv) 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.)
(xvi) 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)
(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.
13658).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xx) (A) 52.224-3,…
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