COMBINE SYNOPSIS - 6923G225Q000012 - MUSEUM PAINTING.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format prescribed in Subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. The solicitation number stated above, and it is being issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101, effective October 26, 2018.

The Solicitation number is 6923G225Q000012 and is issued as a request for quotation (RFQ). The combined synopsis/solicitation will result in a fixed price purchase order.

This requirement is a total set-aside for small business. Offers received from firms that are not small business concerns shall be considered non-responsive and will be rejected (in accordance with FAR 52.219-6, Notice of Total Small Business Aside (Nov 2020) (15 U.S.C. 644) which applies to this solicitation). All responsible small business sources may submit a response which, if timely received, will be considered by the agency.

The associated North American Industrial Classification System (NAICS) code for this procurement is 238320 with a small business standard of $19 million.

The United States Merchant Marine Academy (USMMA) at Kings Point, New York requires the services of a qualified contractor capable of re-painting of the Museum. The Contractor shall provide all labor, parts, material, equipment, transportation, tools and supervision described in this statement of work at the U.S. Merchant Marine Academy Kings Point, NY 11024. All work must be in accordance with the attached Statement of Work (SOW).

1 job@ ______________________________________________________

As authorized by FAR 5.102, solicitation dissemination is limited to electronic medium, and the USMMA will provide no hard copies. The solicitation, consisting of various documents, specifications, forms, and drawings will only be available for download at no charge at the Contract Opportunities (formerly known as Federal Business Opportunities (FBO) website) https://sam.gov/contracting.

No paper copies of the solicitation will be distributed. Offerers are responsible for obtaining the solicitation and any amendments at https://sam.gov/contracting. All responsible small business sources may submit a response which, if timely received, will be considered by the agency. We are only accepting quotes via email at this time. Quotes may be emailed to ravilusd@usmma.edu.

Please be sure to include Solicitation Number 6923G225Q000012 in the subject line.

BASIS FOR AWARD-

A Single Firm Fixed Price Award will be made to the responsible offeror, whose offer is, conforming to the combined Synopsis/Solicitation, offers the lowest price, technically acceptable (LPTA) quote with no adverse past performances. The Government will evaluate offers for award purposes based on an acceptable/unacceptable basis to determine if the contractor meets the requirements described in the requirement and past performance of similar size, scope and complexity.

https://sam.gov/contracting

SAM REGISTRATION

All interested parties must have an active registration with the federal SAM system https://Sam.gov/ to receive an award.

The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this solicitation.

The provision at 52.212-3 Offeror Representations and Certifications-Commercial items, applies to this solicitation. A copy of the provision may be attained from https://www.acquisition.gov/far/.

Each offeror shall include a completed copy of the provision at 52.212-3 (DEC 2022) or certification that these have been completed online via Online Representations and Certifications application (ORCA) at https://sam.gov/content/home.

SITE-VISIT:

A site-visit will be held on Wednesday, August 13, 2025 @ 10:30 A.M. EST at the located at the U.S. Merchant Marine Academy Kings Point, NY 11024. Attendance at the site-visit is highly recommended. As per FAR Part 52.236-3 Site Investigation and Conditions Affecting the Work. "(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost…”

Please notify the Contract Specialist, Daphnee Ravilus (RavilusD@usmma.edu) with the company name and the name of representative(s) attending the site visit no later than 3:00 PM. on August 11, 2025. This advance notification is very important in order to gauge interest in the project.

Offferors are also requested to submit any questions from the review of this solicitation package in writing. All questions should be emailed to the USMMA Procurement Department with the solicitation number “6923G225Q000012 – Museum Interior Painting” in the subject line.

Responses to questions will be issued by amendment to this solicitation package via this notice.

All questions are due to the Contract Specialist and/or Contracting Officer by 12:00 P.M.

on Monday, Aust 18, 2025. Contract Specialist: Daphnee Ravilus (RavilusD@usmma.edu).

Contract Officer: Theodore Nigro (theodore.nigro@dot.gov)

Signed offers are due NO LATER THAN 11:00 A.M. EST on August 25, 2025 via email to Contract Specialist, Daphnee Ravilus (ravilusd@usmma.edu).

TERMS OF DELIVERY

All delivery shall be FOB Destination at the following location:

U.S. Merchant Marine Academy Department of Public Works (DPW) 300 Steamboat Road Kings Point, NY 11024-1699 https://sam.gov/content/home https://sam.gov/content/home mailto:RavilusD@usmma.edu mailto:RavilusD@usmma.edu

COMPLETION OF WORK

The Contractor shall ensure that work for this project is performed in accordance with the criteria herein and that all items/products provided under any resulting contract shall be fully operational at the completion of work for this project.

INVOICE SUBMISSION INSTRUCTIONS -

DOT utilizes the Delphi eInvoicing web portal for processing invoices. Access to Delphi eInvoicing web portal is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. For vendors submitting invoices or payment requests, they will be required to submit invoices via the Delphi eInvoicing web portal which is authenticated via www.login.gov. Vendors must meet the following minimum requirements to submit invoices through the Delphi eInvoicing web-portal:

1. Vendors shall have electronic internet access to register in the U.S. General Services Administration’s (GSA) Login.gov and to the Delphi eInvoicing web portal;

2. The identity of system users will be verified prior to receiving access to the Delphi eInvoicing web-portal via registration with login.gov. Information required for Login.gov includes his/her email address, full name, phone number, and password;

3. Once notified by their agency POC, system users shall register with and create an account with GSA Login.gov. System users will provide his/her email address and receive an email back to confirm. They will then create a password and input a telephone number and opt to receive either a personal call from Login.gov or text message with an authentication code;

4. Once the user is authenticated in Login.gov, he/she shall work with their agency POC to request access to the Delphi eInvoicing web portal. The POC will complete a Delphi eInvoicing web-portal User Access Request (UAR) to include the users full name, contact phone number, work e-mail address. Additionally, the agency POC will include the vendor name, purchase order (contract) numbers (or supplier number) and agency doing business with to complete and electronically submit the UAR for processing;

5. Once the UAR is submitted, it will be electronically approved by the Access Control Officer (ACO) assigned to OA associated with the contract award or grant and then forwarded to the Delphi eInvoicing helpdesk to create the account. Once the account is created an e-mail will be generated to the user with instruction on accessing their Delphi eInvoicing web portal account.

An e-mail will also be sent to the agency POC who initiated the UAR.

http://www.login.gov/

STATEMENT OF WORK

American Merchant Marine Museum Interior Painting

U.S. MERCHANT MARINE ACADEMY

KINGS POINT, NEW YORK

Prepared by:

Kim Hathaway

04/04/2025 R1- 05/29/2025

U.S. DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

1. BACKGROUND:

The United States Merchant Martine Academy (USMMA) is an agency of the Maritime Administration (MARAD) managed by the United States Department of Transportation.

The USMMA is listed on the National Register of Historic Places. Therefore, all work shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR part 68) http://www.nps.gov/tps/standards/four-treatments/treatment-guidelines.pdf.

All work shall meet or exceed the standards provided in the Secretary of the Interior’s Standards for Rehabilitation and guidelines for applying the standards published by the National Park Service, U.S. Department of the Interior 36 CFR 67.7 - Standards for rehabilitation.

The contractor shall be aware of the potential presence of hazardous materials, specifically lead-based paint and asbestos, in any buildings located at the USMMA. It is the responsibility of the contractor to take appropriate measures in accordance with all local, state, and federal environmental and occupational safety and health laws and regulations.

2. OBJECTIVE:

The USMMA seeks the repainting of the interior spaces at the American Merchant marine Museum (The Museum). Spaces and approximate square footage are noted in Attachments A (Building Schedule- The Museum). All measurements in Attachment A are Rough Order Magnitude. Prospective Offerors shall be responsible for measuring and verifying the total square footage of areas to be painted under this award prior to submitting proposals.

In addition to the painting requirement, lead based paint abatement is required for areas noted in Section 15 (Abatement Requirements) in this SOW.

3. PLACE OF PERFORMANCE:

Contractor will perform the task at USMMA, 300 Steamboat Road, Kings Point, N.Y. 11024

4. PERIOD OF PERFORMANCE:

• The Period of Performance shall be determined upon award with an anticipated start date of September 08, 2025 and a completion date of October 07, 2025.

• Work is to be performed during normal business hours 0700 to 1630, Monday through Friday unless approval is granted by the Contracting Officer or Contracting Officer’s representative.

5. SCOPE:

The USMMA is looking for a qualified, licensed and insured contractor to provide labor, material, transportation, tools, equipment and supervision to re-paint the interior of the American Merchant Marine Museum listed in this section of SOW.

o First Floor- Approximately 13,000 square feet o Second Floor- Approximately 4,300 square feet

The selected contractor will be responsible for the following:

6. GENERAL PAINTING REQUIREMENTS:

Re-painting of 1st and 2nd floor rooms as per schedule on Attachments A totaling approximately 17,000 square feet of interior space.

Painting will include hallways, stairwells (including walls), exhibit spaces, offices, bathrooms and ceilings.

7. DELIVERABLES:

• Patch any existing holes, and repair all damaged areas in the existing walls and ceilings.

• Supply and apply a minimum of one coat of Benjamin Moore Fresh Start Primer # 046-00, or equivalent, primer suitable for paint type on all surfaces to be painted.

• Supply and apply a minimum of two coats of Benjamin Moore Super Hide Latex eggshell

(or equivalent) finish on all wall surfaces in hallways, rooms and stairwells. Spec per Paint Color Requirement in this document.

• Supply and apply a minimum of two coats of Benjamin Moore, Waterborne ceiling paint in flat white, or equivalent on all ceiling surfaces and closets.

• Supply and apply a minimum of two coats of white, semi-gloss finish on all trim and railing surfaces, except as noted in Paint Color Requirement in this document.

• Protection of all floor, and non-painted/paintable surfaces and furniture

• Abatement of lead paint

• Air monitoring during the abatement process

8. GENERAL:

• The contractor shall furnish all labor and material, transportation and supervision in the performance of all tasks detailed in this statement of work.

• All work is to conform to federal, state and local building regulations and codes.

• Maintain a work area compliant with safety standards.

• Area worked on shall be cleaned and secured on a daily basis.

• Painting shall not disturb or damage any fixed property (including light fixtures, floors, carpets, or windows). Any damage to existing facilities or appurtenances shall be repaired or replaced in kind, by the contractor at no additional cost to the Government.

• Examine existing conditions prior to any repair activities, a site visit will be scheduled to inspect the site where services are to be performed.

• Excess material and debris shall be disposed of in accordance with local and state ordinances.

• No vehicles shall be driven on the sidewalks or grass. Unless granted specific exception due to site access limitations. Repair of landscape, if any, will be the sole responsibility of the contractor.

• Make every effort to minimize the impact to the daily routine of the Academy.

• Contractors shall be licensed, bonded and insured as mandated by federal, state and local municipal regulations.

• The Contractor shall provide samples, color catalogues and others, for approval at the

Contractor's expense to the COR.

• Submit schedule seven (7) days in advance of work to be accomplished for approval.

• Submit schedule showing area to be worked on, dates of work, and estimated timeline for completion of the task(s). Maintain communication with the COR (and immediately inform the COR of any unforeseen issues or problems that arise).

• Inform COR of any anticipated disruption in services for construction at least three (3) days in advance.

9. PREPARATION:

• The Contractor shall remove hardware and hardware accessories, plates, light fixtures, and items in place that are not to be painted, or provide protection such as taping, prior to surface preparation and painting. (Taping includes windows, door jams, etc.)

• The Contractor shall clean and prepare surfaces to be painted following the manufacturer's instructions before applying paint or surface treatments. This preparation includes removal of oil, dust, direct, loose rust, mildew, peeling paint or other contamination to ensure good adhesion.

• In some cases, the Contractor may be requested to remove all existing coats of paint and sealers if prior paint application is showing signs of improper adhesion, such as peeling, chipping, etc.

• All surfaces must be clean and dry. The Contractor shall schedule cleaning and painting so dust and other contaminants will not fall on wet, newly painted surfaces.

• The Contractor shall notify the Contracting Officer or COR of problems anticipated for any minor preparatory work required, such as but not limited to, filling nail holes, cleaning surfaces to be painted, and priming any requisite areas.

• Electrical covers will be removed by the Contractor and saved until the end of the job. The Contractor will re install the electrical covers. If the Contractor- before paint job starts-finds a broken cover, he should inform of it by writing to the COR, otherwise, the Contractor will be responsible to replace all missing electrical covers with new covers after painting.

• The Contractor shall provide samples of the color on sample of the type of material to be painted before actual paint date is scheduled.

• Historical areas shall be prepped by removing damaged or deteriorated paints and finishes to the next sound layer using the gentlest method possible, as determined by National Park Service, U.S. Department of the Interior 36 CFR 67.7 - Standards for rehabilitation. Then repaint or refinish using compatible paint or other coating systems and repaint with colors that match existing color and are appropriate to the historic building.

• Occupant furniture and office equipment in the Contractor's immediate work area shall be moved and protected by the Contractor and returned to its original location once work is completed. The Contractor is responsible for repair or replacement of furniture and office equipment due to damage as a result of moving tenant furniture or office equipment.

10. PAINT COLOR REQUIREMENT:

Contractor to provide the following Benjamin Moore or equivalent, paint colors-

Walls: Benjamin Moore, Linen White #OC-146, Eggshell Ceilings: Benjamin Moore, Flat White #286-01 Latex Bathroom walls: Benjamin Moore, Linen White #OC-146, Eggshell Walls- Blue Room: TBD (Contractor to match) Fountain Room Hallway: (Ceiling only- to be matched by Contractor) Doors & Door Trim: TBD (Contractor to match) Stair Well- TBD (Contractor to match)

11. MATERIAL PRPERATION:

The Contractor shall mix and prepare paint following the manufacturer's directions.

12. APPLICATION:

• The Contractor shall apply paint following the manufacturer's directions.

• Use applicators and techniques best suited for substrate and type of material being applied.

• Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film.

• The Contractor shall apply the first coat to surfaces that have been cleaned, pretreated or otherwise prepared for painting as soon as practicable, and before subsequent surface deterioration.

• Allow sufficient time between successive coats to permit proper drying.

• Do not recoat until paint has dried.

• Metal grills and metal doors must be cleaned; rust removed, and painted with pre-catalyzed enamel paint in similar colors as they are currently painted.

• Paint shall cover painted surface completely with no underlying colors coming through.

• The Contractor shall apply additional coats when undercoats or other conditions show through final coat, until paint film is of uniform finish, color, and appearance.

• The Contractor shall maintain the room identification signs, wayfinding signs, evacuation signage and any other existing labeling and signage in accordance with OSHA and NFPA standards to ensure labels remain visible and easily readable.

13. LEAD ABATEMENT REQUIREMENTS:

Several painted areas in the Museum are suspected to be lead paint and are showing signs of deterioration. Only the areas noted in Attachments A&B with compromised lead paint will need to be abated and disposed of prior to re-painting.

Daphnee Ravilus Highlight

14. LEAD ABATEMENT DESCRIPTION OF SERVICES

As part of the project, we are requesting a lead abatement for areas noted in Section 15 (Abatement Requirements) in this SOW. Although these buildings are not covered by the Housing Urban Department (HUD) lead regulations or the Environmental Protection Agency (EPA) – Renovation Repair and Painting Rule (RRP), this work will be conducted in full compliance with these requirements.

Therefore, USMMA is requiring a New York and/or Environmental Protection Agency (EPA) qualified and licensed lead abatement contractor to provide all management, tools, supplies, equipment and labor necessary to accomplish a lead abatement including walls, doors and ceiling plaster removal in the following locations depicted and listed in section(s) 3. Additional Notes and 4. Images of Areas of Concern. The abatement will include removing any loose/cracked chippings identified with a three-inch radius (in all directions).

15. ABATEMENT REQUIREMENTS:

a. Abatement and disposal shall be in accordance with all federal, state and local laws and regulations including but not limited to requirements established by the OSHA, HUD, EPA RRP rule.

b. Contractor (and subcontractors), if required, shall possess all required licenses and/or certificates, including but not limited to the RRP and abatement certification. Before the commencement of the project the contractors must have completed the RRP course and be registered with the EPA and be licensed as a lead abatement contractor through either New York or EPA.

c. The designated work area(s) must be sealed from neighboring occupied areas of the building with the appropriate barriers (i.e., plastic) and hazard notifications (warning signs) per federal, state and local laws and regulations throughout the duration of the project until final clearance has been achieved.

d. All work must be completed using wet methods per federal, state and local laws and regulations.

e. Given the sensitive nature of these areas (health care and museum), USMMA is requiring all work to be done in a negative pressure enclosure to minimize impact to building occupants and operations.

f. All work must be completed using HEPA vacuum with a minimum filter requirement capable of capturing particulates of 0.3 microns with 99.97% efficiency and in conjunction with all federal, state and local laws and regulations.

g. Throughout the duration of the abatement project, the work area(s) must be contained until a formal lead clearance is completed. USMMAs contracted hygienist shall be on-site to conduct oversight of the lead abatement process and perform the final lead clearance. The clearance levels for dust wipes per the EPA’s Hazard Standards and Clearance Levels for Lead in Paint, Dust and Soil requirements are as followed:

a. 10 ug/ft2 – floors

b. 100 ug/ft2 – window sills and troughs

h. All work and clearances must be coordinated with the USMMA’s MARAD, Public Safety Department.

i. The work area must be cordoned off per federal and state laws and regulations with clearly visible barriers (i.e., caution tape) where only authorized and trained individuals related to the abatement project may enter.

j. Establish a containment area in accordance with federal and state laws and regulations, to fully separate the work area from other areas of the building. Maintain and identify emergency exit(s) from the work area or establish alternate exit(s) compliant with all federal, state and local laws and regulations.

k. All electrical equipment shall be run through Ground Fault Interrupt Circuit (GFCI) throughout the course of the project.

l. Secure infrastructure equipment (HVAC system) and all other relevant equipment to prevent contamination in neighboring areas per federal, state and local laws and regulations.

m. Provide accurate and complete waste manifest(s) for disposal in accordance with all federal, state and local laws and regulations.

n. Provide copies of all federal, state and local notifications.

o. Provide accurate records of abatement completion.

Additional Notes

a. A full work plan must be prepared in advance and submitted to the COR at least one (1) week prior to commencement of work.

b. All work must be scheduled with the COR at least 72 hours prior to commencement.

c. The academy must be immediately notified of any service and/or activity interruptions.

Any potential unforeseen interruptions or issues must be immediately related to the COR and Public Safety Department.

d. The square footage identified in the SOW are approximations and will need to be assessed and verified by the contractor during the walkthrough and incorporated into the bid submission.

e. Any debris generated during abatement activities will be removed by the contractor (and subcontractors) daily from the affected area(s) and academy premises. Area(s) will be left neat and clean after work is completed, suitable for all normal academy activities.

f. Contractor must properly dispose of waste in accordance with all RCRA requirements.

Documentation of this disposal shall be provided to the COR.

g. The contractor must attend a pre-bid walkthrough prior to bidding to become familiar with on-sight conditions and restrictions.

h. Square Footage of removal areas include:

1. Room #2- Reception 286 SFT

2. Room #6- Passage way to Fountain Room (Brown painted ceiling) 76 SFT

3. Room #10- Storage room and door 60 SFT

4. Room #14- Kitchen 425 SFT

5. Room #16- Claytons office 100 SFT

6. Room #20- Spiral Stairwell 200 SFT

16. SAFETY DATA SHEETS:

The Contractor shall make Safety Data Sheets (SDS) available to its employees in accordance with 29 C.F.R. 1910.1200 and upon request to the COR or designee.

17. CLOSE OUT:

The contractor shall provide a signed warranty of any damage, defective material and improper workmanship on any material provided in this contract.

The contractor shall provide a signed copy of the waste manifest for the removal of any materials from the lead abatement.

Materials and labor to be warranted for a minimum of one year after completion of installation, and equipment to be warranted per manufacturer.

AMERICAN MERCHANT MARINE MUSEUM- PAINTING PROJECT PHOTOS

Room 1- Vestibule (No Paint) Room 2- Reception (Ceiling only)

Room 3- Morning Room Room 4- Living Room (walls only)

Room 5- Fountain Room Room 6- Fountain RM Hallway (walls only)

Room 7- Music Room (walls only) Room 8- Rest Room A

Room 9- Rest Room B Room 10- Storage Room Door

Room 11- Front Hallway (ceiling only)

Room 12- Servants Hallway

Room 13- Kitchen Hallway Room 14- Kitchen

Room 15- Kitchen Hallway Exit Room 16- Clayton’s Office

Room 17- Dining Room (ceiling only) Room 18- Breakfast Room (No paint)

Room 19- Employee Rest Room Room 20- Spiral Stairwell

Room 21- Reception Room Room 22-Library (Instrument Room)

Room 23- Den (Blue Room) Room 24- Butler’s Pantry

Museum Floor Plan- 1st Floor

Museum Floor Plan- 2nd Floor

SECTION 1 – CONTRACT ADMINISTRATION

All contract administration matters will be handled by the following individuals:

U.S. DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

U.S. MERCHANT MARINE ACADEMY

300 Steamboat Road, King’s Point, NY 11024 ATTN: Theodore Nigro, Contracting Officer at theodore.nigro@dot.gov Daphnee Ravilus, Contract Specialist at ravilusd@usmma.edu

• Representatives of Contracting Officers

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract.

• Procuring Contracting Officer (PCO)/Administrative Contracting Officer (ACO)

Responsibilities

The PCO/ACO is designated by the Lead Contracting Officer to handle the Administration of this contract in the following manner:

(a) All contract administration functions relative to the administration of the contract awarded to USMMA, Kings Point, NY, excluding termination rights, will be delegated to an PCO/ACO.

(b) After contract award, inquiries and correspondence pertaining to the administration of this contract shall be addressed to the USMMA from which a purchase order is issued, and for which those incidents of correspondence concern listed below. The ACO is as follows: Theodore Nigro, Contracting Officer supported by Contract Specialist, Daphnee Ravilus

• Point of Contact (POC)/Contracting Officer Representative (COR)

The COR responsibilities will include, but not be limited to surveillance of services required under this contract; determining the adequacy of Contractor performance according to the specifications of this contract; acting as the Government’s representative; ensuring compliance with contract requirements insofar as the work is concerned; and advising the PCO/ACO of any contract issues. The COR cannot authorize deviations from the specifications and requirements of this contract. In the event the Contractor deviates without approval from the CO and/or PCO/ACO, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor. The POC designated for the USMMA Kings Point, NY, Contracting Office is listed below to assist in the discharge of the PCO/ACO’s responsibilities when he/she is unable to be directly in touch with the contract work. The POC/COR is as follows: Name – Kim Hathaway mailto:ravilusd@usmma.edu

SECTION 2 - CONTRACT CLAUSES

52.252-02 – Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

https://www.acquisition.gov/far/part-52

Clause Title Date 52.212-4 Contract Terms and Conditions—Commercial Items NOV 2023 52.223-4 Recovered Material Certification. MAY 2008 52.242-

Stop-Work Order AUG 1989

52.244-6 Subcontracts for Commercial Items DEC 2023 52.246-4 Inspection of Services-Fixed Price AUG 1996

Clauses Incorporated by Full Text

52.212-5 -- Contract Terms and Conditions Required To implement Statutes or Executive Orders— Commercial Items DEC 2025

Clauses Incorporated by Full Text 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) [(DEVIATION FEB 2025)]

(a)The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

https://www.acquisition.gov/far/part-52

(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).

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

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

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

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

__ (6) [Reserved].

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

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

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

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

__ (11) (i)52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) (Pub. L. 115–390, title II).

__ (ii)Alternate I (Dec 2023) of 52.204-30.

__ (12)52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.

(Jan 2025) (31 U.S.C. 6101 note).

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

__ (14) [Reserved].

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

__ (16)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] __ (18) (i)52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii)Alternate I (Mar 2020) of 52.219-6.

__ (19) (i)52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii)Alternate I (Mar 2020) of 52.219-7.

__ (20)52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C.

637(d)(2) and (3)).

__ (21) (i)52.219-9, Small Business Subcontracting Plan (Jan 2025) (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 (Jan 2025) of 52.219-9.

__ (22) (i)52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

__ (23)52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24)52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ (25)52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

__ (26) (i)52.219-28, Postaward Small Business Program Representation (Jan 2025) (15 U.S.C. 632(a)(2)).

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

__ (27)52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C.

637(m)).

__ (28)52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29)52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (30)52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

_x_ (31)52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (32)52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025) (E.O. 13126).

__ (33) [Reserved] 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34) [Reserved](i)52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii)Alternate I (Feb 1999) of 52.222-26.

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

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

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

793).

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

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

__ (38)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (39) (i)52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

_x_ (40)52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii)Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (43)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

__ (44)52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

__ (45)52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

___ (46) 52.223-23, Sustainable Products and Services (MAY 2024) [(DEVIATION

FEB 2025)] (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i)52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (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 (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii)Alternate I [Reserved].

__ (iii)Alternate II (Jan 2025) of 52.225-3.

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

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

__ (50)52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

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

__ (56)52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57)52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58)52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_x_ (59)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

_x_ (60)52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61)52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62)52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (63)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64)52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (65) (i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii)Alternate I (Apr 2003) of 52.247-64.

__ (iii)Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] _x_ (1)52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.

chapter67).

__ (2)52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3)52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, 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).

__ (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).

__ (10)52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).

(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 more than the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i)52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509).

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

4712).

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

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

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

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

(vii) (A)52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) (Pub. L. 115–390, title II).

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

(viii)52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C.

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

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

(x) [Reserved] 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

793).

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

(xiv)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv)52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi) (A)52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xvii)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C.

chapter 67).

(xix)52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989).

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

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

13706).

(xxii) (A)52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B)Alternate I (Jan 2017) of 52.224-3.

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

(xxiv)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

(xxvi)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

TRANSPORTATION ACQUISITION REGULATIONS (48 CFR CHAPTER) CLAUSES

TAR 1252.301 Solicitation provisions and contract clauses (matrix). The TAR matrix is not published in the CFR. It is available on the Acquisition.gov website via:

https://www.acquisition.gov/TAR

1252.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (NOV 2022)

1252.204-70 CONTACTOR PERSONNEL SECURITY & AGENCY ACCESS (NOV 2022)

https://www.acquisition.gov/TAR

1252.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES -- APPLICABLE

LICENSES AND PERMITS (NOV 2022)

1252.223-71 ACCIDENT AND FIRE REPORTING (NOV 2022)

1252.228-72 RISK AND INDEMNITIES (NOV 2022)

1252.232-70 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2022)

1252.232-71 LIMITATION OF GOVERNMENT’S OBLIGATION (NOV 2022)

Notice of intent for the Department of Transportation (DOT) to take immediate action to begin forbearing enforcement of all contract clauses, provisions, terms, and conditions, related to any and all subsequent Executive Orders (EOs) issued by President Trump and implementing guidance.

Consistent with President Trump’s priorities and agenda, to the maximum extent permitted by law, DOT intends to take immediate action to begin forbearing enforcement of all Federal Acquisition Regulation (FAR) or Transportation Acquisition Regulation (TAR) contract clauses, provisions, terms, and conditions, if inconsistent with EOs and implementing guidance issued by the current administration, including but not limited to:

Executive Order (EO) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (January 20, 2025);

Executive Order (EO) 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing (January 20, 2025);

DOT Compliance with President Trump's Priorities and Agenda Executive Order (EO) 14148, Initial Rescissions of Harmful Executive Orders and Actions (January 20, 2025);

Executive Order (EO) 14173, Ending Illegal Discrimination And Restoring…