Combined Synopsis Solicitation - Preventative Maintenance and Repair Services for Flatbed Film Viewers.doc

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items 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 solicitation number is NARA-883103-22-Q-00059 and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04 effective

January 30, 2022. This is an unrestricted acquisition under NAICS code 811210, Electronic and Precision Equipment Repair and Maintenance. CONTRACT LINE ITEM NUMBER(S): See Attachment 1, Schedule of Prices. REQUIREMENT: The National Archives and Records Administration (NARA) has a requirement for preventative maintenance and repair services for Kem and Steenbeck Flatbed Film Viewers. PERIOD OF PERFORMANCE: The period of performance will be for a base year plus four option years. The following Federal Acquisition Regulation (FAR) clauses are incorporated and are to remain in full force in any resultant contract, with the exception of FAR provisions which will be removed prior to award: FAR 52.212-1. Instructions to Offerors - Commercial Items (Nov 2021). Addenda: Delete paragraph (h), Multiple Awards. - see below for additional quotation submission instructions. EVALUATION (In lieu of FAR 52.212-2): Evaluation and award will be in accordance with Simplified Acquisition Procedures at FAR Subpart 13.106, Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation authorized by FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. Selection of the Contractor to perform this contract will be based on NARA’s assessment of the best overall value to the Government. Accordingly, best value for this procurement will be obtained through a lowest price technically acceptable evaluation. Exceptions taken to any terms and conditions stated in the RFQ must be clearly outlined on a separate page of the Contractor’s quotation entitled “Exceptions”. The Contractor must also include complete rationale, justification, and the cost impact of each exception noted. The Government reserves the right to make an award on the initial quotation without discussions of this procurement. The resultant contract will include FAR 52.217-5, Evaluation of Options. The resultant contract will include FAR 52.217-8, Option to Extend Services. For evaluation purposes, the Total Contract (Base Year Plus All Option Years) Ceiling Price plus half of the Total Option Year IV Contract Ceiling Price will be used to determine the lowest price. The resultant contract will include FAR 52.217-9, Option to Extend the Term of the Contract. The contract will be for a base year plus four, 12-month option years. The evaluated Total Contract (Base Year Plus All Option Years) Ceiling Price will be determined by summing the Total Contract Ceiling Price of all performance years and half of the Option Year IV Total Contract Ceiling Price. Contractors must provide pricing (USD) for each CLIN in accordance with Attachment 1, Schedule of Prices. Failure to submit any of the required information and documentation with the quotation may result in rejection of the quotation. Multiple awards will not be made under this solicitation. FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Nov 2021) - The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Nov 2021) – see Attachment 4, Additional NARA Terms and Conditions (Addenda to FAR clause 52.212-4). FAR 52.212-5, Contract Terms and Conditions required to Implement Statutes or Executive Orders - Commercial Items (Jan 2022). See Attachment 5, FAR Clauses, for full text of this clause and for additional applicable FAR clauses. Full text provisions and clauses can be found at https://www.acquisition.gov.

QUESTIONS: Questions regarding this RFQ must be submitted in writing to the Contract Specialist, Cynthia Jones, at cynthia.jones@nara.gov no later than 12:00 p.m. eastern time on May 12, 2022 to be considered. Questions submitted in any other manner will not be answered. The Government will answer questions or requests for clarification via a written RFQ amendment.

QUOTATION DUE DATE: Quotations must be received by 12:00 p.m. eastern time on

May 19, 2022. Failure to submit quotations by the due date and time may result in rejection of the quotation as untimely. Contractors submitting via e-mail are cautioned to allow one extra business day for delivery and confirm receipt of quotation as the e-mail will need to pass through IT security.

QUOTATION SUBMISSION INSTRUCTIONS: NARA requests that contractors email a copy of their quotation to: cynthia.jones@nara.gov.

To aid you in your planning and quotation development, the following information is provided as attachments to this Request for Quotation:

Attachment 1 – Schedule of Prices

Attachment 2 – Performance Work Statement

Attachment 3 – RFQ Information Sheet

Attachment 4 – NARA Additional Terms and Conditions

Attachment 5 – FAR Clauses

Contractor’s must provide the following information with their quotation. Failure to provide any of this information may result in no further consideration of your quotation:

-Attachment 1, Schedule of Prices -Attachment 3, RFQ Information Sheet

-The Representations at FAR 52.204-24 must be completed -The Representations at FAR 52.204-26 must be completed See Attachment 5, FAR Clauses, numbers VII and VIII. The Representations are highlighted in yellow for your convenience.

-Contractors must provide information that demonstrate their ability to perform the services required in the Performance Work Statement.

ATTACHMENT 1

SCHEDULE OF PRICES

Base Year – Months 1-12

Base Year Diagnostics in accordance with Attachment 2, Performance Work Statement

Preventative Maintenance Services in Accordance with Attachment 2, Performance Work Statement

Optional: Repair Services in accordance with Attachment 2, Performance Work Statement

Note: The Government does not guarantee that repair services will be purchased.

$10,000.00 Not to

Exceed

Optional: Replacement Parts (Non-Wearable Parts) in accordance with Attachment 2, Performance Work Statement Note: The Government does not guarantee that parts will be purchased.

Not to Exceed

RESERVE

Option Year I – Months 13-24

Preventative Maintenance Services in Accordance with Attachment 2, Performance Work Statement

Optional: Up To 2 Additional Preventative Maintenance Service Visits in Accordance with Attachment 2, Performance Work Statement

Optional: Repair Services in accordance with Attachment 2, Performance Work Statement

$10,000.00

Optional: Replacement Parts (Non-Wearable Parts) in accordance with Attachment 2, Performance Work Statement

Note: The Government does not guarantee that parts will be purchased.

Not to

Exceed

RESERVE

Option Year II – Months 25-36

Preventative Maintenance Services in Accordance with Attachment 2, Performance Work Statement

Optional: Up To 2 Additional Preventative Maintenance Service Visits in Accordance with Attachment 2, Performance Work Statement

Optional: Repair Services in accordance with Attachment 2, Performance Work Statement

$10,000.00

Optional: Replacement Parts (Non-Wearable Parts)

Not to

Exceed

RESERVE

Option Year III – Months 37-48

Preventative Maintenance Services in Accordance with Attachment 2, Performance Work Statement

Optional: Up To 2 Additional Preventative Maintenance Service Visits in Accordance with Attachment 2, Performance Work Statement

Optional: Repair Services in accordance with Attachment 2, Performance Work Statement

$10,000.00

Optional: Replacement Parts (Non-Wearable Parts)

Not to

Exceed

RESERVE

Option Year IV – Months 49-60

Preventative Maintenance Services in Accordance with Attachment 2, Performance Work Statement

Optional: Up To 2 Additional Preventative Maintenance Service Visits in Accordance with Attachment 2, Performance Work Statement

Optional: Repair Services in accordance with Attachment 2, Performance Work Statement

$10,000.00

Exceed

Optional: Replacement Parts (Non-Wearable Parts)

Not to

Exceed

RESERVE

NARA will evaluate submitted pricing in accordance with FAR 52.217-5.

ATTACHMENT 2

PERFORMANCE WORK STATEMENT

FOR

PREVENTATIVE MAINTENANCE AND REPAIR SERVICES FOR FLATBED FILM VIEWERS

1.0

BACKGROUND INFORMATION

1.1 The National Archives and Records Administration (NARA) is an independent Federal agency that helps safeguard and preserve our nation's history by overseeing the management of all Federal records. The stories of our nation and our people are told in the records and artifacts cared for in NARA facilities around the country and people can discover, use, and learn from their documentary heritage. The mission is to ensure ready access to the essential evidence that documents the rights of American citizens, the actions of Federal officials, and the national experience.

1.2 The purpose of this maintenance agreement is to provide preventative maintenance and repair services on a flexible schedule for KEM and Steenbeck flatbed film viewers located at the National Archives at College Park. The flatbed film viewers are located in research rooms and certain staff areas and are used to examine records that are either 35mm or 16mm film prints. This contract will cover 22 KEM flatbed film viewers and 3 Steenbeck flatbed film viewers.

Currently, the flatbed film viewers are in good working condition. Five machines require cleaning and simple repair to be fully functional. Two machines have been used for parts and it will be determined if they can be returned to working condition.

While there is no metric relating to customer satisfaction with the flatbed film viewers, we know from experience that we need to maintain flatbed film viewers in good working condition to prevent complaints and to prevent any damage to motion picture film records. Priority for preventative maintenance and repair services will be determined by frequency of use and time since last maintenance.

2.0

SCOPE

2.1 Contractor shall provide all labor, materials, equipment, wearable parts (e.g., light bulbs, belts, headphone jacks, knobs, switches), test equipment, permits, fees, licenses, transportation, and tools for inspecting, reporting, servicing, and performing all preventative maintenance and repairs necessary to maintain the flatbed film viewers in a safe and reliable operating condition.

2.2 Contractor shall comply with the maintenance and repair requirements as stated in the manufacturer’s specification for the flatbed film viewers listed below:

Manufacturer

Model

Quantity

KEM

KS4-35

KS4-16

KS2.16

KS2.35

KSM6.35

KSM6.16

Steenbeck ST1201 2

Steenbeck

ST3511 1

2.3 Base Year Diagnostics 2.3.1 Contractor shall perform diagnostics on each flatbed film viewer covered under this contract during the first six (6) months of the contract’s base year period of performance.

2.3.2 For each flatbed film viewer, Contractor shall provide a list of parts required, a cost estimate for the parts, a list of repair services required, and a cost estimate for the repairs.

2.4 Preventative Maintenance 2.4.1 Contractor shall provide two (2) preventative maintenance service visits during each year of the contract’s period of performance. For each preventative maintenance visit, the NARA Contracting Officer’s Representative (COR) will identify up to twelve (12) flatbed film viewers that will be serviced. Additional preventative maintenance visits may be required during the contract’s option years.

2.4.2 Preventative maintenance shall be performed in accordance with the flatbed film viewers manufacturer’s specification. Preventative maintenance shall include at a minimum:

· Perform operation checks and correct any deficiencies noted in accordance with manufacturer’s specification

· Clean, lubricate, replace, and adjust mechanical parts in accordance with the manufacturer’s specification

· Replace excessively worn or defective parts. Excessively worn parts are those parts that if not replaced may fail prior to the next scheduled preventive maintenance visit

· Visually inspect the exterior of all flatbed film viewers for damage and cleanliness and report any discrepancies to the NARA COR

· Consult with the NARA COR regarding flatbed film viewer performance

2.4.3 Contractor shall coordinate all preventative maintenance visits with the NARA COR.

2.4.4 Preventative maintenance shall be completed on all flatbed film viewers within fourteen (14) business days of the coordinated date.

2.4.5 For the flatbed film viewers located in the research rooms, Contractor shall maintain, at a minimum, a 95% (less flatbed film viewer maintenance downtime) flatbed film viewer uptime or in-service rate. To determine the uptime or in-service rate, the NARA COR will periodically and randomly check all of the flatbed film viewers located in the research rooms to verify their operability and then calculate whether the 95% uptime or in-service rate is being maintained.

2.5 Optional Onsite Repair Services 2.5.1 In the event of a flatbed film viewer malfunction, Contractor shall be notified via phone and/or email by the NARA COR. Contractor shall respond via telephone and/or email to the NARA COR within four (4) hours after receipt of telephone or email notification.

2.5.2 If repair services are required, the Contractor shall provide the NARA COR with a written cost estimate.

2.5.3 Repairs shall not be made and parts shall not be purchased without written approval from a NARA Contracting Officer. The NARA COR is not authorized to approve repair services.

2.5.4 If repair services are approved, they will be priced separately and added to the contract via a modification signed by a NARA Contracting Officer and the Contractor. Any repair services performed in advance of receiving a signed contract modification is at the Contractor’s risk.

2.5.5 All onsite repair services shall be coordinated with the NARA COR. The NARA COR and Contractor shall coordinate a date to start repair services. Contractor shall coordinate all scheduled repair services with the NARA COR at least three (3) business days in advance of the service visit.

2.5.6 Contractor shall report to the NARA COR prior to commencing work.

2.5.7 Contractor shall perform onsite repair services in accordance with manufacturer’s specifications for the equipment covered under this contract.

2.5.8 Repair services shall be completed within 14 business days of the coordinated start date unless an alternate schedule is mutually agreed upon by the NARA COR and Contractor.

2.6 Optional Replacement Parts (Non-Wearable Parts) 2.6.1 Contractor shall only use manufacturer’s new original or factory refurbished parts in the performance of this contract, except when the manufacturer or its successor companies no longer provide new or factory service parts for a malfunctioning machine. In such cases, the Contractor shall provide in writing to the NARA COR how it concluded that new or factory refurbished parts are no longer available. Replacement parts must be approved by the NARA COR.

2.6.2 If additional non-wearable parts are required, Contractor shall notify the NARA COR before incurring additional expenses. The Contractor shall provide the NARA COR with a written cost estimate for the non-wearable parts and labor.

2.6.3 Repairs shall not be made and non-wearable parts shall not be purchased without written approval from a NARA Contracting Officer. The NARA COR is not authorized to approve parts.

2.6.4 If the non-wearable parts are approved, they will be priced separately and added to the contract via a modification signed by a NARA Contracting Officer. Any purchase in advance of receiving a signed contract modification is at the Contractor’s risk.

2.7 Contractor Reports 2.7.1 Contractor shall submit various Contractor-designed reports to the NARA COR upon work completion for each Contractor visit.

2.7.2 Diagnostic Reports shall be submitted after diagnostics have been completed on flatbed film viewers. The reports shall outline the work completed, provide a list of parts required with cost estimates, and provide a list of repair services required with cost estimates.

2.7.3 Preventative Maintenance Reports shall be submitted after each preventative maintenance visit. Reports shall detail any findings.

2.7.4 Diagnostic and Preventative Maintenance reports shall be submitted five (5) business days after each Contractor visit. The reports shall include:

1. Contract Number

2. Date

3. Flatbed Number or Serial Number

4. Name of Service Technician

5. Maintenance Performed

6. Equipment Downtime

7. Part(s), if any, to be ordered

8. Signature and date from the NARA COR

2.7.5 Contractor shall submit a contractor-designed report to the NARA COR two business days after the end of each month. The report shall document the fact that a 95% or greater equipment uptime or in-service rate for flatbed film viewers in the research room has been maintained. The report shall include the following:

1. Flatbed Number or Serial Number

2. Date

3. Service Downtime (in Hours)

4. Total monthly downtime for all flatbed film viewers (in hours and percent)

2.8 Invoice Submission

2.8.1 Contractor shall submit a monthly invoice for services provided the previous month.

3.0

PERIOD OF PERFORMANCE

3.1 The period of performance will be for one base year plus four (4) option years.

4.0

PLACE OF PERFORMANCE AND NARA CONTRACTING OFFICER’S REPRESENTATIVE (COR)

4.1

Preventative maintenance and repair services shall be performed at the following location:

National Archives and Records Administration

8601 Adelphi Road

College Park, MD 20740

4.2 The NARA COR for this order will be:

Name: TBD Phone:

Email:

5.0

HOURS OF OPERATION

5.1 The flatbed film viewers that are in use in Room 4000 and staff areas (Rooms 4350, B 730, and B 600) will be available for onsite repair and preventative maintenance from 8:45 am to 5:00 pm eastern standard time, Monday through Friday, excluding Federal Holidays.

5.2 The flatbed film viewers that are in the declassified and classified staff areas will be available for onsite repair and preventative maintenance when a cleared NARA staff member is available to accompany the Contractor or when the flatbed film viewers may be removed from the classified space.

6.0

PERSONNEL

6.1 Contractor shall ensure that all of their employees performing services under this contract have successfully passed the Contractor’s screening process; are free of excessive use of alcohol, use of illegal drugs, violent and/or anti-social behavior and dishonesty.

6.2 The NARA COR or Contracting Officer may request the Contractor to immediately prevent any employee(s) from performing work under this contract should it be determined that individuals performing services are disqualified for either suitability or security reasons, are found to be unfit to perform their duties, or pose an unacceptable risk to Government equipment.

6.3 Contractor shall provide the NARA Motion Picture Unit (RRSM) a list of the names of all employees having access to the National Archives at College Park location and shall provide the names of all employees who have a completed background/criminal check. This will be required for any additional personnel and replacement vacancies.

6.4 Contractor employees shall wear identification badges provided by NARA security while performing services at NARA.

6.5 Contractor employees shall sign in and sign out with the Security Desk and designated representative for each location before beginning and upon completion of any scheduled or unscheduled repair service and preventative maintenance services.

6.7 Contractor personnel working onsite at a NARA facility shall comply with all applicable NARA COVID-19 workplace safety protocols that may be in place at the time of scheduled access to the facility. The NARA COR will confirm safety protocols before Contractor reports to facility.

7.0

TASKS AND DELIVERABLES

7.1 Tasks and deliverables are discussed in paragraph 2.0.

8.0

MISCELLANEOUS REQUIREMENTS

8.1 NARA reserves the right, during business hours and without notice, to inspect the Contractor’s processes, procedures, and deliverables during the performance of this contract.

8.2 All work must be completed on a schedule mutually agreed upon by the Contractor and the NARA COR.

8.3 Transportation and travel expenses will not be paid.

ATTACHMENT 3

RFQ Information Sheet

Vendors must complete all applicable information on this sheet and submit it with their quotation. Failure to do so may render the quotation unacceptable for receipt of the order.

Specific Terms, Conditions, and Administrative information

PAYMENT TERMS: ________________________________________________________________

DELIVERY DATE: _________________________________________________________________

WARRANTY: ______________________________________________________________________

NAME AND ADDRESS OF QUOTER:

TELEPHONE NO. (INCLUDE AREA CODE): __________________________

FAX NUMBER: ___________________________

E-MAIL ADDRESS:

ENROLLED IN SYSTEM FOR AWARD MANAGEMENT (SAM)? Yes____ No____

CAGE CODE NUMBER: _____________________________________

UNIQUE ENTITY IDENTIFIER (UEI): _______________________________________

Vendor Certification: [By signing the Vendor acknowledges that the information provided in response to this RFQ is correct.]

NAME AND TITLE OF SIGNER: __________________________________

DATE OF QUOTATION: _____________________________________________

SIGNATURE OF PERSON AUTHORIZED TO SIGN: ______________________________

ATTACHMENT 4

ADDITIONAL NARA TERMS AND CONDITIONS

(Addenda to FAR clause 52.212-4)

I. GOVERNMENT CONTRACT ADMINISTRATION

A. This purchase order will be administered by:

National Archives and Records Administration

Office of the Chief Acquisition Officer, Code Z

8601 Adelphi Road, Room 3340

College Park, MD 20740-6001

B. Contract Specialist (CS):

Cynthia Jones

Telephone: 301-837-1860

Email: cynthia.jones@nara.gov

The Contracting Officer (CO) has the overall responsibility for the administration of this delivery order. Written communication to the Contract Specialist (CS) must make reference to the delivery order number and must be emailed or mailed with postage prepaid, to the above address.

C. Contracting Officer (CO):

Any Z Warranted CO

The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from delivery order payments for non-performance or unsatisfactory performance; terminate the delivery order for convenience or default; and issue final decisions regarding delivery questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

D. Contracting Officer’s Representative (COR)

COR: TBD

Telephone:

Email:

The individual named above is designated as the Contracting Officer's Representative (COR) to assist the Contracting Officer in the discharge of the Contracting Officer's responsibilities. The COR is responsible for monitoring, giving progress reports to the Contract Specialist, and overall technical surveillance of services to be performed under this contract and should be contacted regarding questions or problems of a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government.

(c) When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract, the Contractor must promptly notify the Contracting Officer in writing.

(d) No action will be taken by the Contractor under such technical instruction unless the Contracting Officer has issued a contractual change.

(e) The responsibilities of the COR include, but are not limited to, the following:

(1) Serve as the point of contact through which the Contractor can relay questions or problems of a technical nature to the Contract Specialist and the Contracting Officer.

(2) Responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract.

(3) Confer with representatives of the Contractor regarding any non-performance or unsatisfactory performance; follow through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the Contract Specialist/Contracting Officer.

(4) Review and certify invoices in accordance with invoicing instructions of the contract. Maintain a file with copies of these documents.

(5) Review and evaluate Contractor's deliverables.

(6) Advise the Contract Specialist of any performance problems and make recommendations for corrective action to correct performance issues.

(7) Furnish the Contract Specialist with any requests for change, deviation, or waiver (whether generated by Government personnel or Contractor personnel), including all supporting paperwork in connection with such change, deviation, or waiver.

(8) Submit a written evaluation to the Contract Specialist/Contracting Officer within 60 days of contract completion or annually on the anniversary date for contracts that include options. The evaluation should include:

(i) The quality and timeliness of the Contractor's performance; and

(ii) A statement as to the uses made of any deliverables furnished by the

Contractor.

II. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). IPP is a secure web-based electronic invoicing and payment information system. This service is provided by the U.S. Treasury’s Bureau of the Fiscal Service free of charge to federal agencies and contractors. IPP allows contractors to view information regarding their contracts and orders, electronically submit invoices and view payment information.

"Payment request" means any request for contract financing payment or invoice payment by the vendor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts.

The IPP website address is: https://www.ipp.gov.

Invoices shall be submitted after Government’s acceptance of all deliverables. The invoice shall contain information required by FAR 52.212-4(g). Under this order, the following documents are required to be submitted as an attachment to the IPP invoice:

Vendor Invoice to include:

1. Award number

2. CLIN//Item number of deliverable

3. Description of deliverable

4. Price of deliverable

5. Quantity of deliverable

6. Date deliverable was provided to the Government for inspection, if applicable

7. Serial number/part number, if applicable The vendor must use the IPP website to register, access, and use IPP for submitting requests for payment. Vendor assistance with enrollment can be obtained by contacting the IPP Customer Support Helpdesk by sending an email to

IPPCustomerSupport@fiscal.treasury.gov or by phone on (866) 973-3131.

If the vendor is unable to comply with the requirement to use IPP for submitting invoices for payment, the vendor must submit a waiver request in writing to the Contracting Officer when they submit their quotation.

ATTACHMENT 5

FAR CLAUSES

I.

IMPORTANT INFORMATION FOR CONTRACTORS: Depending on the final results of the award, the resulting order from this solicitation will include some or all of the following FAR clauses:

FAR 52.212-1, Instructions to Offerors—Commercial Item (Nov 2021); FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Nov 2021) – An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically, the offeror shall complete only paragraphs (c) through (v) of this provision; FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Nov 2021) -- see Attachment 4, Additional NARA Terms and Conditions for Addenda to this clause.

II.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2022)

(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) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

__ (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. 2402).

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

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (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 (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

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

__ (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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 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 (Sep 2021) ( 15 U.S.C. 637s).

__ (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 (Sep 2021) ( 15 U.S.C. 657f).

_X_ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 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 (Sep 2021) ( 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 (Sep 2021) ( 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) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

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

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30)

(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (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.

_X_ (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.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35)

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

__ (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 (Nov 2021) . (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.)

__ (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 (Jun2014) 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.

_X_ (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 (Jun2016) (E.O. 13693).

__ (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) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, 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. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 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).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63)

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

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

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

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

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. 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).

(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 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (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.

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. 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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 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 (Nov 2021) (E.O. 12989).

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

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

(xix)

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

III.

FAR 52.204-7 System for Award Management (Oct 2018)

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly…