C08.0 N4523A23Q1321 Solicitation_4-19-2023.pdf

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N4523A23Q1321 Lease for 4 HPACs
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N4523A23Q1321
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This solicitation requests quotations for a firm fixed price purchase order to lease four high pressure air compressors. The Navy seeks the compressors to provide primary and standby high pressure air for shipboard system maintenance at the Trident Refit Facility in Bangor, Washington. The period of performance is 12 months from date of award, with two 12-month option periods. Quotations are due by May 4, 2023. Award is scheduled for around June 9, 2023. Offerors must complete the line item pricing structure and meet technical and solicitation requirements. The solicitation incorporates various FAR provisions and clauses.

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SEE ADDENDUM

(No Collect Calls)

N4523A23Q1321 19-Apr-2023

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

10:00 AM 04 May 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.

N4523A9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PUGET SOUND NAVAL SHIPYARD CODE 400

1400 FARRAGUT AVE, MAIL STOP 2026

BREMERTON WA 98314-2026

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 N68438 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

TRIDENT REFIT FACILITY BANGOR

GOVT REPRESENTATIVE

7000 FINBACK CIRCLE, BLDG. 7000

SILVERDALE WA 98315

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

532490

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 OF33

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.

N4523A23Q1321

Section SF 1449 - CONTINUATION SHEET

REQUEST FOR QUOTATION

REQUEST FOR QUOTATION

Firm Fixed Price Purchase Order

Service – Four (4) High Pressure Air Compressors Lease

DEADLINE FOR QUOTE SUBMISSION

Wednesday, May 4, 2023 10:00 AM Pacific Time

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart

12.6 and Federal Acquisitions Regulation (FAR) part 12 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The North American Industry Classification System (NAICS) code for this work is 532490 – Other Commercial and Industrial Machinery and Equipment Rental and Leasing, with a Business Size Standard of $40,000,000.00. The Product Service Code (PSC) Class is W043 – Lease or Rental of Equipment – Pumps and Compressors.

Any purchase order resulting from this RFQ will be made based on the evaluation criteria outlined below in FAR Provision 52.212-2 Evaluation--Commercial Items (NOV 2021).

Period of Performance (POP): The POP shall be for twelve (12) months from date of award, with two 12-month Option Periods. Award to be on or around June 9, 2023. See CLINs for additional details. The onsite dates shall be agreed upon by the Government and the contractor within the POP window.

Place of Performance: Trident Refit Facility, Bangor, WA.

Please submit quote to: Nicole Mullenix and Brian Fergus, Code 431 Contracting Office, Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS & IMF) via email at nicole.m.mullenix.civ@us.navy.mil and james.b.fergus2.civ@us.navy.mil. All questions can be sent to the above emails by April 27, 2023.

Offerors shall complete the line item pricing structure below in addition to any provided quote material in company format. Please note: For CLIN 0002, please propose a purchase amount to purchase equipment at the end of this contract in accordance with FAR 52.207-5 Option to Purchase Equipment.

The contract price includes all applicable Federal, state, and local taxes and duties. Special attention shall be paid to Provision FAR 52.212-2 by the Contractor. In order to be considered Technically Acceptable for award, the Offeror must meet all criteria submittals.

This solicitation document and incorporated provisions and clauses are those in effect through federal acquisition circular (FAC) 2023-01, effective 12-30-2022.

Permits and Licenses: Unless otherwise specified in this contract, the contractor shall obtain any necessary licenses and permits, give all notices, and comply with any applicable Federal, State, County, and municipal laws, codes, and regulations in connection with this requirement.

FAR 52.212-1

FAR 52.212-1 Instructions to Offerors -- Commercial Items (NOV 2021) is incorporated by reference, with the same force and effect as if it were given in full text. All terms and conditions of FAR 52.212-1 remain in effect. The following has been tailored to this procurement and are hereby added via addendum:

Vendors shall follow the instructions contained herein. The quote shall respond directly to the requirements of this RFQ. Please submit complete offer directly to Nicole Mullenix and Brian Fergus at nicole.m.mullenix.civ@us.navy.mil and james.b.fergus2.civ@us.navy.mil. Failure to meet a requirement may result in a quote being ineligible for award.

1. Contractor shall provide unit price and total price for each CLIN.

2. Contractor shall provide a technical specification sheet for the High Pressure Air Compressors.

FAR 52.212-2

FAR 52.212-2 Evaluation -- Commercial Items (NOV 2021) is incorporated by reference, with the same force and effect as if it were given in full text. All terms and conditions of FAR 52.212-2 remain in effect. The following have been tailored to this procurement and are hereby added via 52.212-2 below addendum:

(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:

Price and Technical

Price: Government intends to award to the lowest priced offeror who meets the technical and solicitation requirements.

Technical: Technical specification sheet for the item offered meets the Government requirement as identified in the Performance Work Statement.

(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). Evaluation of options will be in accordance with FAR 52.217-5.

As part of the price evaluation, the Government will evaluate its option to extend services (see FAR clause 52.217-

8) by adding six (6) months of the offeror’s final option period price to the offeror’s total price. Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six (6) month extension of services period. The Government may choose to exercise the Extension of Services at the end of any performance period (base or option periods), utilizing rates of that performance period.

(c) Award:

1) Award will be made to the offer that represents the best value to the Government.

2) The Government intends to award a contract as a result of this solicitation. Written acceptance by the contractor is required.

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.

PERFORMANCE WORK STATEMENT

SERVICE CONTRACT

PERFORMANCE WORK STATEMENT (PWS)

Ship/Activity: SSBN Fleet at TRFB Title: Lease for Four (4) High Pressure Air Compressors (HPACs) Place of Performance: Trident Refit Facility, Bangor, WA Period of Performance: See CLINs on contract

1. BACKGROUND: Trident Refit Facility, Bangor site requires four (4) High Pressure Air

Compressors (HPACs) for providing primary and/or standby high pressure air for maintenance of shipboard HPAC systems.

2. REFERENCES :

2.1 NSTM CHAPTER 551 COMPRESSED AIR PLANTS AND SYSTEMS

2.2 MIL-STD-1622, MILITARY STANDARD: CLEANING OF

SHIPBOARD COMPRESSED AIR SYSTEMS

3. REQUIREMENTS:

3.1 Provide four (4) each High Pressure Air Compressor (HPACs), certified per Reference 2.1, rated at minimum discharge pressure of 4500 psig, comprised of components listed/labeled by a Nationally Recognized Testing Laboratory (NRTL), https://www.osha.gov/dts/otpca/nrtl/nrtllist.html, containing at a minimum the below listed equipage:

3.1.1 Five (5) stage, direct air cooled, oil lubricated reciprocating compressor

3.1.2 Crankshaft driven oil pump

3.1.3 Low oil pressure gauge

3.1.4 Oil pressure gauge

3.1.5 Full flow oil filter

3.1.6 Inlet air filter

3.1.7 Intercoolers and after cooler, each with maximum 15°F approach temperature

3.1.8 Separators for moisture knockout on each stage

3.1.9 Safety valves on each stage

3.1.10 Pressure and temperature gauges on each stage

3.1.11 Automatic and manual drain valves on each stage

3.1.12 Driver: 3-phase, 60 Hz, 460 volt electric motor

3.1.13 Minimum Discharge Pressure 4500 PSIG

3.1.14 Minimum Air Flow Output Capacity 88 SCFM (Standard Cubic Feet per Minute)

3.1.15 Maximum Discharge Air Temperature 100 degrees Fahrenheit

3.1.16 Skid mounted for handling by a fork lift

3.1.17 Cartridge Type Purification System: Final Air Discharge shall be oil free and maintain a dew point in accordance with the paragraph titled “Purification System” of these specifications.

3.1.18 Response time for unscheduled repairs shall be 24 hours.

3.1.19 Replacement unit shall be available if on-site compressor is not repairable within 48 hours

3.1.20 NEMA 4 electrical enclosures and TEFC (Totally Enclosed Fan Cooled) motor frame for all weather types

3.1.21 Compressor must fit in a 10 ft x 8 ft x 9 ft hazardous waste spill containment that will house the HPAC

3.1.22 Handling: HPAC shall be skid mounted with slots for handling by forklift

3.1.23 Units that are multi-V-belt driven must have an adjustable motor slide base and OSHA type drive guards. Start and Stop operation controlled by a discharge pressure switch. Compressor skid must include a hazardous material spill containment boundary (in the case of an oil spill) or must fit in the available government provided hazardous waste containment units (20 ft x 8 ft x 9 ft). All of the above equipment will be mounted and interconnected on a structural steel skid. Assembly to include electrical conduit, fittings and wire, high pressure tube and pipe fittings. An operation test shall be performed on each unit prior to shipment. Units shall include these important components: safety controls, motor starter, safety disconnect, power cords, automatic drains, manual drain valves, condensate collection system, ASME accumulator, purification system and inter-stage connections.

3.1.24 Safety Controls: High discharge temperature switch and shutdown set at 350°F for any hydrocarbon lubricated compressor handling air or other oxygen bearing gas. This is an American Petroleum Institute (API) requirement to protect personnel from fire or explosion. Control panel indicators should include, as a minimum: power on, unit run, motor failure, low oil pressure and high discharge temperature lamps. Control panel shall include lamp test; reset, start, stop, and emergency stop push buttons.

3.1.25 Motor Starter: A reduced voltage or soft motor starter with 3-phase thermal overload protector should be mounted in the control panel enclosure on the compressor skid. Soft start required to minimize tripping or overdraw of available electrical power during start-up.

3.1.26 Safety Disconnect: A disconnect means should be located on the compressor package control panel so that maintenance can be performed safely. A circuit breaker must match the motor and load requirements of the compressor. The circuit breaker on the compressor package must protect the operators and the equipment. In the event the shore based power supply is oversized, the circuit breaker shall include a larger control panel enclosure and lockable external breaker handle with operating mechanism.

3.1.27 Power Cord: A properly sized power cord with a minimum length of 15 feet shall be wired to the circuit breaker and mounted on the control panel with a sealed, strain relief connector.

3.1.28 Automatic Drains: Automatic condensate blow downs shall be installed on each intercooler separator and the aftercooler separator to prevent liquid carry over damage to the compressor and contamination of the discharge air. Blow downs shall occur every 20 minutes.

3.1.29 Manual Drain Valves: Manual drain valves shall be installed on each intercooler separator and the aftercooler separator to allow confirmation of proper automatic drain valve operation. Also, should the automatic drain malfunction, the manual drain must provide for continued compressor operation until repairs can be completed.

3.1.30 Condensate Collection System: Condensate from a compressor intercoolers and aftercoolers moisture separators is a mixture of air, lube oil, and water. A 15 gallon condensate collection system will allow air to be released back to the atmosphere. Lube oil is a hazardous material. The condensed lube oil and water will be collected so that it can be properly recycled. Condensate system must include an exhaust muffler to reduce noise level to 90 decibels or less, stainless steel mesh separator element, and manual drive valve.

3.1.31 AMERICAN SOCIETY OF MECHANICAL ENGINEERS (ASME)

Accumulator: a 1.5 cubic foot ASME receiver for high pressure control air on the compressor unit and shall provide additional air storage and prevent the compressor from short cycling. For maintenance purposes, the compressor shall be fully operational without having to connect additional receivers. Accumulator shall include a second discharge pressure switch to allow independent set points for load and unload, pressure gauge, discharge check valve and relief valve.

3.1.32 Purification system: The shore based compressor purification system shall be connected to the submarine’s air storage through the on board high pressure dryer and filters. The purification shall provide air quality equal to the shipboard system as follows: Shipboard air systems: Supplying oil free, dry (Dew point of -60 degrees or lower) air with no evidence of grease oil particulate or fibers. Particulate no greater than 10 microns.

System cleanliness to Mil-Std-1622 or commercial equivalent. The purification system must consist of three (3) stages: 1) mechanical filter separator for oil and water droplet coalescing and elimination with a properly sized coalescing filter chamber which shall only require draining once each day (by means of a manual drain valve piped into the condensate tank for collection and disposal; 2) molecular sieve cartridges to remove oil and water vapors; and 3) a particulate filter to prevent passage of particles downstream. The purification system shall include priority valve, upstream and downstream pressure gauges, and relief valve.

3.1.33 Interstage Connections: A critical safety feature for high pressure compressors is that all interconnecting piping between, and following each stage of compression, shall be properly secured by the manufacturer to contain piping and tubing, in the event fittings and tube ends separate due to equipment vibration and/or metal fatigue. Interconnection between stages by means of flexible hoses is NOT acceptable.

3.2 Provide one legible copy of the Operation and Maintenance manual containing operating instructions specific to the equipment provided.

3.3 Conduct one hour of on-site training for the HPAC operation to Government employees as mutually scheduled between the COR, Contractor and Government representative(s).

3.4 Supply a manufacturer’s technical representative to conduct repairs to restore operation of the HPAC in the event of any failure to operate at any time, within Twenty four hours of notification of a problem by the Government representative. This requirement shall be in effect 24 hours per day, including weekends and holidays.

3.4.1 Conduct a half-hour retest of the equipment, after repairs or replacement, to verify satisfactory operation.

3.4.2 Provide a 10 inch by 10 inch emergency point of contact sign containing the Company representative name and contact information, affixed to the exterior of the enclosure door for issues with generator operation, that are discovered by Government representative.

3.5 Replace HPAC within 48 hours, if the needed repairs cannot be completed within the 24 hour notification of 3.4.

3.6.1 Provide a Process Control Procedure (PCP), within 5 working days of contract award, detailing the contractor's response process for issues identified by the Government after HPAC delivery, to include corrective maintenance of leased unit and replacement of leased unit with alternate unit to meet the maximum down time requirement of the contract.

The following information shall be included in the PCP:

3.6.1.1 Contractor's Name and Address.

3.6.1.2 Description of Process including critical factors which have direct bearing on the process quality and safety.

3.6.1.3 Qualification requirements for the employees performing the work.

3.6.1.4 Inspection and documentation forms required.

3.6.1.5 Acceptance and rejection criteria.

3.6.1.6 The method utilized to ensure employees accomplishing the process have direct knowledge of the requirements prior to beginning the work.

3.6.1.7 The method used to control the process.

3.6.1.8 Approval signature and title of company representative and date of submission.

3.6.1.9 Verification of necessary parts and equipment are on hand to start the process.

3.6.1.10 Assets that are available for replacement of leased unit.

3.7 Ensure compliance with the Contractor’s safety program to include compliance with the lockout/tag-out standards of 29 CFR 1910.147.

3.8 Comply with current applicable federal, state, and local laws, codes, ordinances, and regulations in their entirety. Any reference to a specific portion of a federal, state, or local law, code, ordinance, or regulation in this SOW shall not be construed to mean that relief is provided from any other sections of the law, code, ordinance, or regulation.

3.9 Report accidents, injuries, and environmental mishap incidents/events (actual and potential) involving Contractor personnel and equipment immediately by verbal means to Ships Force and the COR followed by a written report within 24 hours after each occurrence, containing the below minimum information:

Identity of Contractor/subcontractor employee injured and any witnesses.

Descriptive location of incident/mishap (e.g. ship name and hull number, space, compartment name, compartment location, frame number, etc.)

Type of incident/mishap (e.g. accident, collision, fire, fall, environmental spill, etc.)

Date and time of the accident, injury, and mishap.

A brief description of the incident/mishap including occurrences.

Conditions leading up to the incident/mishap Extent of each personal injury or property damage sustained.

Whether personal injuries required medical treatment or property damage required immediate repair to prevent further damage or injury to personnel or property.

3.10 Coordinate with the COR for the delivery and pickup of the HPAC to and from the delivery location.

3.10.1 Schedule all deliveries and pick-ups between the hours of 8:00AM and

2:00PM, Monday through Friday, and not fall on a Federal Holiday.

3.10.2 Coordinate with the COR of the specific time and date of HPAC delivery or pick-up, and notify the COR one-half hour prior to arrival.

3.11 Coordinate all technical clarifications/deviations through the COR.

3.12 Attend, after contract award and prior to delivery, a two hour arrival conference to discuss requirements, access considerations and operational requirements with the COR and engineering points of contact and Contractor.

4. GOVERNMENT FURNISHED – PROPERTY, MATERIAL, EQUIPMENT,

SERVICES

4.1 IMF will provide hazardous waste containment units for HPACs. The size of the containments is 10’ x 8’ x 9’. The contractor must verify HPACs will fit into containments. Or provide fully self-contained units that can be moved with a forklift.

5. SECURITY REQUIREMENTS: See section titled “CONTRACTOR BADGING AND

ACCESS” in solicitation.

6. TRAVEL REQUIREMENTS: The contractor shall coordinate with the COR for delivery and pick-up of the HPACs to and from the delivery location. Delivery location will be NAVIMFACPACNORWEST; Bangor WA.

7. GOVERNMENT REPRESENTATIVES:

7.1 Contracting Officers Representative (COR): Benjamin Myers, C/340 TRF Bangor Command Dockmaster, Benjamin.r.myers5.civ@us.navy.mil, (360) 649-5192 (cell), (360) 315-1950 (office).

8 ENVIROMENTAL AND SAFETY: Comply with federal, state and local laws and regulations regarding environmental protection and employee safety.

9 ADDITIONAL CONSIDERATIONS:

9.1 Government Supported Work Hours: All deliveries will be scheduled for accomplishment between the hours of 8:00AM and 3:00PM, Monday through Friday, not to include federal holidays.

9.2 Technical Clarifications: All technical clarifications/deviations will be coordinated through the COR.

9.3 Post Award Briefing: After award and prior to delivery, a post-award briefing to discuss repair/replacement expectations, access considerations and operational requirements will be initiated by COR to include engineering points of contact and Contractor. This briefing is expected not to exceed two (2) hours in length.

PWS ATTACHMENT 1

Quality Assurance Surveillance Plan (QASP) Project: Lease for Four (4) High Pressure Air Compressors (HPACs) Place of Performance: Trident Refit Facility, Bangor, WA Period of Performance: See CLINs on contract

Requirement PWS Performance

Standards Allowable Deviation Surveillance M e t ho d

Correction Procedures

Certified Mechanic shall make a repair or replace determination within 24 hours of notification of a problem.

Para 3.4 Contractor begins evaluation of system and provides the government a repair or replace determination within 24 hours of notification of a problem.

The contractor shall not deviate from the 24 hour determination schedule. In the event of government caused delays please communicate issues to the Contracting Officer

Representative (COR).

COR tracks response time and determination notification on service request forms and monthly reports.

Government will seek an equitable price reduction or other adequate consideration for acceptance of nonconforming services.

Replacement of HPAC will be within 48 hours of replace or repair determination being communicated to the government.

Para 3.5 The Contractor will provide a new HPAC within 48 hours of the 24 hour notification timeline expiration.

The contractor shall not deviate from the 48 hour replacement schedule In the event of government caused delays please communicate issues to the COR.

Contracting Officer Representative tracks response time and determination notification on service request forms and monthly reports.

Government will seek an equitable price reduction or other adequate consideration for acceptance of nonconforming services.

Repair of HPAC will be within 24 hours of initial notification from Shop

06G.

Para 3.4 The Contractor will repair the HPAC within

24 hours of initial notification from Shop

06G.

The contractor shall not deviate from the 24 hour repair schedule. In the event of government caused delays please communicate issues to the COR.

Contracting Officer Representative tracks response time and determination notification on service request forms and monthly reports.

Government will seek an equitable price reduction or other adequate consideration for acceptance of nonconforming services.

Equipment Maintenance and Delivery Section 3 The Contractor will provide all required pre-delivery maintenance, follow the delivery instructions, and include all required submittals with each delivery.

The contractor shall comply with all PWS requirements and communicate to the government if any of the requested performance characteristics cannot be met by system prior to delivery.

Contracting Officer Representative and

Customer will coordinate deliveries and provide for inspection and acceptance at point of delivery once system is in place.

Any part of the pre-delivery maintenance that reveals non-conformance with the PWS must be communicated prior to removal from Contractors point of origin. Contractor must receive notification from the COR of acceptability of non-conforming supplies prior to removal from point of origin.

Immediate no cost re-performance for any HPAC found to be incapable of meeting basic PWS requirements at point of origin.

Government will seek an equitable price reduction, and other adequate consideration for not conforming to the PWS and the contract.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

12 Months

4 HIGH PRESSURE AIR COMPRESSORS LEASE

FFP

Lease four (4) High Pressure Air Compressors in accordance with the standards and specifications provided in the Performance Work Statement (PWS).

FOB: Destination

PSC CD: W043

NET AMT

4 Unit

OPTION Option to Purchase 4 HPAC Units

FFP

In accordance with FAR 52.207-5 Option to Purchase Equipment, the government may purchase the equipment on a lease or rental basis under this contract. See FAR 52.207-5 for additional information on pricing.

OPTION 4 HIGH PRESSURE AIR COMPRESSORS LEASE

FFP

Option to continue lease for four (4) High Pressure Air Compressors in accordance with the standards and specifications provided in the Performance Work Statement

(PWS).

OPTION 4 HIGH PRESSURE AIR COMPRESSORS LEASE

FFP

Option to continue lease for four (4) High Pressure Air Compressors in accordance with the standards and specifications provided in the Performance Work Statement

(PWS).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 09-JUN-2023 TO

08-JUN-2024

N/A TRIDENT REFIT FACILITY BANGOR

GOVT REPRESENTATIVE

7000 FINBACK CIRCLE, BLDG. 7000

SILVERDALE WA 98315

N68438

0002 N/A N/A N/A N/A

1001 POP 09-JUN-2024 TO

08-JUN-2025

N/A TRIDENT REFIT FACILITY BANGOR

GOVT REPRESENTATIVE

7000 FINBACK CIRCLE, BLDG. 7000

SILVERDALE WA 98315

2001 POP 09-JUN-2025 TO

08-JUN-2026

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications MAR 2023 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting 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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

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

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-14 Limitations On Subcontracting OCT 2022

52.222-29 Notification Of Visa Denial APR 2015 52.223-6 Drug-Free Workplace MAY 2001 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.252-6 Authorized Deviations In Clauses NOV 2020 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 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

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

252.204-7017 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 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

(a) The Government may purchase the equipment provided on a lease or rental basis under this contract. The Contracting Officer may exercise this option only by providing a unilateral modification to the Contractor. The effective date of the purchase will be specified in the unilateral modification and may be any time during the period of the contract, including any extensions thereto.

(b) Except for final payment and transfer of title to the Government, the lease or rental portion of the contract becomes complete and lease or rental charges shall be discontinued on the day immediately preceding the effective date of purchase specified in the unilateral modification required in paragraph (a) of this clause.

(c) The purchase conversion cost of the equipment shall be computed as of the effective date specified in the unilateral modification required in paragraph (a) of this clause, on the basis of the purchase price set forth in the contract, minus the total purchase option credits accumulated during the period of lease or rental, calculated by the formula contained elsewhere in this contract.

(d) The accumulated purchase option credits available to determine the purchase conversion cost will also include any credits accrued during a period of lease or rental of the equipment under any previous Government contract if the equipment has been on continuous lease or rental. The movement of equipment from one site to another site shall be "continuous rental."

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 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.]

___ (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.)

XX (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).

XX (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).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (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]

XX (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.

____ (15)(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.

XX (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

XX (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. 657s).

____ (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 Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

XX (22) (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.

____ (23) 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)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (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. 657s).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (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 (JUL 2014) of 52.222-35.

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

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on 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).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (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.)

____ (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 (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40)(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.

____ (41)(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.

____ (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®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 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).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (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).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 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).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (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).

XX (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: [Contracting Officer check as appropriate.]

XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (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).

XX (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).

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

XX (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) 52.219-8, 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.

(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).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xiii) 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. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(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) (E. O. 12989).

(xvi…

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