Combo_OilWater_2023.pdf

GENERAL INFORMATION

Document Type: Combined Synopsis / Solicitation Solicitation Number: FA255023Q0006 Classification Code: S222 NAICS Code: 562211 Contracting Office Address: 50th Contracting Squadron (50 CONS/PKB), 210 Falcon Parkway, Suite 2116, Schriever SFB, CO 80912-2116

DESCRIPTION:

(i) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

(ii) This solicitation, FA255023Q0006, is issued as a Request for Quote (RFQ) for a commercial service acquisition of oil-water separator and grease trap cleaning and maintenance services located at Schriever Space Force Base (SSFB).

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-01 effective 30 Dec 2022.

(iv) The North American Classification System (NAICS) Number is (562211) Hazarders Waste Treatment and Disposal. The small business size standard is $41.5m. The proposed acquisition is being solicited as a 100 percent small business set-aside.

(v) The proposed acquisition consists of the following Contract Line Items Numbers (CLINs):

Description Qty Unit CLIN 0001: Clean and maintain oil water separators 1 Each CLIN 0002: Clean and maintain grease traps 1 Each CLIN 1001: Clean and maintain oil water separators 1 Each CLIN 1002: Clean and maintain grease traps 1 Each CLIN 2001: Clean and maintain oil water separators 1 Each CLIN 2002: Clean and maintain grease traps 1 Each CLIN 3001: Clean and maintain oil water separators 1 Each CLIN 3002: Clean and maintain grease traps 1 Each CLIN 4001: Clean and maintain oil water separators 1 Each CLIN 4002: Clean and maintain grease traps 1 Each CLIN 5001: Clean and maintain oil water separators 1 Each CLIN 5002: Clean and maintain grease traps 1 Each

(vi) Description of requirements for the items to be acquired.

The 50th Civil Engineer Squadron, Schriever Space Force Base (SSFB), Colorado, requires a contract for the following: A six-month base period and 4 one-year options, with the possibility of a 6-month option to extend services. This work is for oil-water separator and grease trap cleaning and maintenance services. The contractor shall provide all management, tools, supplies, equipment, travel, and labor necessary to maintain Oil/Water Separators (OWS) and grease traps located at SSFB. Work shall comply with government and commercial standards. See the attached Performance Work Statement (PWS), dated 14 Feb 2023, for specific details Any option periods will be exercised in accordance with FAR 52.217-8, Option to Extend Services, and FAR 52.217-9, Option to Extend the Term of the Contract.

The service contracted for shall be performed for, and delivered to, the 50th Civil Engineer Squadron, 50 CES/CEOES, 500 O’Malley Avenue, Schriever SFB CO 80912. This contract requires frequent access to the Schriever Space Force Base restricted area. Unescorted entry to the Schriever Space Force Base restricted area is required for completion of the contract.

Therefore, contractors must ensure that personnel are able to enter the restricted area.

Employees without unescorted entry authority will be continuously escorted while in the Schriever Space Force Base restricted area.

(vii) This procurement is a 100-percent small business set-aside. Woman-owned, service-disabled veteran-owned, small-disadvantaged businesses, HubZone small businesses, economically-disadvantaged women-owned, 8(a), and other small businesses are strongly encouraged to submit proposals.

(ix) The Government intends to issue a firm- fixed-price contract to the responsible offeror whose lowest-priced and technically- acceptable proposal that conforms to the solicitation. Only technically acceptable offers will be considered.

FAR 52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

IAW FAR 52.212-1, Instructions to Offerors, the Offeror shall submit a proposal that includes all of the following:

(1) The solicitation number “FA2550-23-Q-0006.”

(2) The time specified in the solicitation for receipt of offers

(3) The offeror’s identifying information: company name, address and telephone number, remit-to address, if different than mailing address, points of contact, Cage Code, size of business and the offeror’s small business designation, for example: “veteran-owned.”

(4) A price proposal, including the base period and all option periods. The Price Proposal must reflect all requirements of the Performance Work Statement, with its appendices. To support the price provided for the firm-fixed-price contract line items, please provide a separate, price breakdown explanation in sufficient detail to show the cost elements that make up the total proposed contract line item pricing. The extended amount must equal the unit price multiplied by the number of units. Add the prices for the base period and each option period together and provide the final total price. The Government may determine that an offer is unacceptable if option period prices are significantly unbalanced. The Government will evaluate offers by adding the total price for the basic requirement and the total price for all options periods.

(5) Terms of any express warranty

(6) Price and any discount terms

(7) A technical proposal, which shall consist of a technical capability statement and a technical description of the services being offered. The technical capability statement must describe capabilities, experience, training or certifications relating to the Performance Work Statement. The technical services being offered must be described in sufficient detail to allow the Government to evaluate compliance with the Performance Work Statement requirements. Product literature, or other documents, may be included, if necessary.

Technical capability will be evaluated on an acceptable/unacceptable basis.

(8) The Offeror is to complete the fill-in provisions of FAR 52.209-11 “Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law,” and provide with his/her proposal.

(9) The Offeror is to review FAR 52.212-3, Offeror Representations and Certifications –

Commercial Items, at http://www.sam.gov Only paragraph (b) of that provision must accompany the proposal if the offeror has completed the annual representations (reps) and certifications (certs) electronically in the System for Award Management. If the offeror has not completed the annual on-line reps and certs, then the offeror shall complete paragraphs

(c) through (u) of this provision. The offeror shall provide either the paragraph (b) information or the (c) through (v) information along with the proposal.

(10) Format of Quote. Offers may be submitted on company letterhead stationery, or a

Standard Form 1449 with all appropriate blocks completed.

(11) Acknowledge any Solicitation Amendments issued. If the solicitation should be amended, the offeror will be responsible to acknowledge receipt of the Amendment prior to the hour and date specified in the Amendment. Instructions on how to acknowledge receipt of an Amendment will be contained in the Amendment.

(12) Include a statement specifying the extent of agreement with all terms, conditions and provisions included in the solicitation. Proposals that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(13) Provide in the proposal a statement, “The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers.”

(14) Provide a letter of authorization for the Contracting Officer to verify the offeror’s financial responsibility. Include financial institution’s name, address, primary point of contact and phone number.

(15) An authorized company agent must sign and date the offer.

Other Instructions

SAM Registration: Prior to contract award, the offeror must complete registration and be active in the System for Award Management, (https.www.sam.gov).

Communications with the Government: Formal communications, such as requests for clarification and information concerning this solicitation, shall be conducted via email; oral questions will not be accepted in order to ensure an even playing field. Questions and Answers will be posted on Sam.gov.

Basis for Award: 52.212-2 Evaluation -- Commercial Items:

Award will be based on the lowest price, technically acceptable (LPTA) offer, meeting or exceeding the requirements of the solicitation. The following factors will be used to evaluate offers: (1) Technical Acceptability and (2) Price.

The Government intends to evaluate proposals and make award without discussions; however, this does not preclude the Government from having discussions if it is in the best interest of the Government. All interested parties must propose on all items.

Pricing: Provide a price for each of the following Contract Line Items and a Total Price (fill in the blanks).

BASE PERIOD (PoP: 01 APR 2023 – 30 SEPT 2023)

CLIN Item Description Estimated Gallons in 6 months

Price of Services per Gallon

Extended Price of Services

0001 Clean & Maintain Oil/Water Separators

15,900

0002 Clean & Maintain Grease Traps

6,000

Period Total

21,900

OPTION PERIOD 1 (PoP: 01 OCT 2023 – 30 SEPT 2024) in 12 months Price of Services per Gallon

Extended Price of Services

1001 Clean & Maintain

31,800

1002 Clean & Maintain

12,000

43,800

OPTION PERIOD 2 (PoP: 01 OCT 2024 – 30 SEPT 2025)

CLIN Item Description Estimated Gallons in 12 months

Price of Services per Gallon

Extended Price of Services

2001 Clean & Maintain Oil/Water Separators

2002 Clean & Maintain

OPTION PERIOD 3 (PoP: 01 OCT 2025 – 30 SEPT 2026)

Price of Services per Gallon

Extended Price of Services

3001 Clean & Maintain

3002 Clean & Maintain

OPTION PERIOD 4 (PoP: 01 OCT 2026 – 30 SEPT 2027)

Price of Services per Gallon

Extended Price of Services

4001 Clean & Maintain

4002 Clean & Maintain

OPTION PERIOD 5-- 6 MONTH EXTENSION (PoP: 01 OCT 2027 – 01 APRIL 2028) in 6 months Price of Services per Gallon

Extended Price of Services

5001 Clean & Maintain

15,900

5002 Clean & Maintain

6,000

21,900

Total Proposed Price for Base Period and All Options: $

Government Points of Contact (POCs): Submit offers and any questions in writing to the primary and alternate POCs:

Primary POC: Mrs. Nicole Cibula, Contracting Officer, 50th Contracting Squadron, nicole.cibula@spaceforce.mil

Alternate POC: Mr. Kade Allen, Contract Specialist, 50th Contracting Squadron, kade.allen@spaceforce.mil

Quotes Due Date/Time: 15 March 2023 / 1300 Mountain Standard Time.

50CONS Schriever Space Force Base, Colorado

Proposals must be received by the Contracting Officer, Mrs. Nicole Cibula, AND her Alternate POC, Mr. Kade Allen, no later than 1:00 p.m. MST on Monday, March 15, 2023.

Proposals received after this time cannot be considered. The method of delivery shall be e-mail.

The following FAR provisions apply to this solicitation and are included in full text:

52.217-8 -- Option to Extend Services. (Nov 1999) mailto:nicole.cibula@spaceforce.mil mailto:kade.allen@spaceforce.mil

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

52.217-9 -- Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

The following Federal Acquisition Regulations provisions apply to this combined synopsis/solicitation and offerors shall comply with all instructions contained therein:

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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 texts available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with his or her offer. In lieu of submitting the full text of any provision, the offeror may identify the provision by the paragraph identifier and provide the appropriate information with his or her offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/browse/index/far

52.212-5, Contract Terms and Conditions

Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition.

(xiii) Contract financing arrangements does not apply.

(xiv) The Defense Priorities and Allocations System (DPAS) and assigned rating, not applicable.

(xv) The date, time and place offers are due.

Provisions Incorporated by Reference:

The following Federal Acquisition Regulation (FAR) provisions apply to this solicitation and are incorporated by reference. Upon request, the Contracting Officer will make their full texts available. The full texts may also be accessed electronically at this address:

https://www.acquisition.gov/browse/index/far

FAR 52.204-7, System for Award Management FAR 52.204-16, Commercial and Government Entity code Reporting FAR 52.217-5, Evaluation of Options FAR 52.252-6, Authorized Deviations in Clauses FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

Clauses Incorporated by Reference

FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-13, System for Award Management Maintenance FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations FAR 52.219-6, Notice of Total Small Business Set-Aside FAR 52.222-3, Convict Labor FAR 52.222-54, Employment Eligibility Verification FAR 52.222-55, Minimum Wages under Executive Order 14026 FAR 52.222-62, Paid Sick Leave under Executive Order 13706 FAR 52.225-13, Restrictions on Certain Foreign Purchases FAR 52.222-40, Notification of Employee Rights under the National Labor Relations Act FAR 52.233-3, Protest After Award FAR 52.233-4, Applicable Law for Breach of Contract Claim FAR 52.204-9, Personal Identity Verification of Contractor Personnel FAR 52.204-19, Incorporation by Reference of Representations and Certifications FAR 52.212-4, Contract Terms and Conditions--Commercial Items FAR 52.247-34, F.O.B. Destination FAR 52.232-33, Payment by Electronic Funds Transfer--System for Award Management

The following Defense Federal Acquisition Regulation Supplement (DFARS) provisions apply to this solicitation and are incorporated by reference:

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation DFARS 252.225-7055, Representation Regarding Business Operations with the Maduro Regime.

The following Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply to this solicitation and are incorporated by reference:

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7000, Disclosure of Information DFARS 252.204-7003, Control Of Government Personnel Work Product DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting;

DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.243-7001, Pricing of Contract Modifications DFARS 252.201-7000, Contracting Officer’s Representative DFARS 252.204-70004, Antiterrorism Awareness Training for Contractors DFARS 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime;

DFARS 252.232-7010, Levies on Contract Payments DFARS 252.232-7017, Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.225-7048 Export-Controlled Items DFARS 252.247-7023 Transportation of Supplies by Sea

The following DFARS provision applies to this solicitation and is included in full text:

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

2-in-1 COMBO

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003

Pay Official DoDAAC F03000 Issue By DoDAAC FA2550 Admin DoDAAC FA2550 Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) F3R3D0 Service Acceptor (DoDAAC) F3R3D0 0 Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

For technical Wide Area Work Flow assistance, contact the WAWF Help Desk at 866- 618-5988. (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

The following AFFARS clauses apply and are incorporated by reference or full text:

5352.223-9001, Health and Safety on Government Installations;

5352.242-9000, Contractor Access to AF Installations (OCT 2019) 5352.242-9001, Common Access Cards (CACs) for Contractor Personnel (OCT 2019).

5352.201-9101 OMBUDSMAN (OCT 2019)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.

Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMBC A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, for USSF (United States Space Force) acquisitions (excluding SMC acquisitions) please contact the Director of Contracts, Air Force Installation Contracting Center, Operating Location - Space (AFICC/KS OL-SPC) via the following e-mail workflow address:

afica.ks.wf@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

List of Attachments:

- 1- OWS_PWS_14 Feb 2023

- 2- Service Contract Act WD # 2015-5417

CLAUSES INCORPORATED IN FULL TEXT

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. (Dec 2022) 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 (Dec 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:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

(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).

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

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

(10) [Reserved].

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

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved] (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 2022) (15 U.S.C. 637(d)(2) and (3)).

(17)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2021) of 52.219-9.

(18)

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

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

(19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 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 (Oct 2022) (15 U.S.C. 657f).

(22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) (15 U.S.C. 632(a)(2)).

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

(23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

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

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

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

(30)

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

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

(31)

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

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

(32)

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

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

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

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

(35)

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

13627).

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

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

(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)

(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

(ii) Alternate I (Oct 2022) of 52.225-1.

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C.

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

(ii) Alternate I [Reserved].

(iii) Alternate II (Dec 2022) of 52.225-3.

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

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

(50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (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. 3805).

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

(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:

[Contracting Officer check as appropriate.]

(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 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 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 (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(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. Subtitle A, Part V, Subpart G Note).

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

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