Commercial Solicitation N6893622R0018.docx

N6893622R0018

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

CONTRACT SPECIALIST:

Email address: vincent.jimenez7.civ@us.navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

CONTRACTING OFFICER:

Email address: tara.j.randolph.civ@us.navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

Section B - Supplies or Services and Prices

Painting, Plating and Coating

FFP

The contractor shall process and deliver products plating on a Delivery Order (DO) basis in accordance with Section C Statement of Work herein and as specified in each Delivery Order. The contract ordering period is five years, also referred to herein as a five year period of performance.

FOB: Destination

NSN: 80101000000868

PURCHASE REQUEST NUMBER: 1300980282

PSC CD: 8030

NET AMT

Section C - Descriptions and Specifications

SOW

STATEMENT OF WORK

PAINTING, PLATING, AND COATING

03 January 2020

1.0 SCOPE

The Applied Manufacturing Technology Division (AMTD, Code 475000D) of the Naval Air Warfare Center Weapons Division, China Lake, CA (NAWCWD-CL) intends to procure painting, plating, and coating of various AMTD products over a 5-year period. The products procured will be separately ordered and priced (includes shipping & handling) at the time each delivery order is placed. For each order the contractor shall provide supporting documentation and certification verifying compliance to the applicable specification requirement(s).

2.0 APPLICABLE DOCUMENTS

The actual painting, plating, or coating specification required for each product will be defined in each DO. Any applicable revisions shall be the version in affect at the time the DO is issued, unless otherwise specified in writing by the Government.

3.0 REQUIREMENTS

3.1 GENERAL

The contractor shall procure and deliver painting, plating, and coating products in accordance with this SOW. At a minimum the contractor shall have the ability to provide the following processes: Sulfuric Anodize, Black Oxide, Copper, Electroless Nickel, Gold, Hard Anodize, Solid Film Lubricant, Nickel, Passivate, Phosphate, Rhodium, Silver, Tin, Tin Lead, Vacuum Cadmium, Zinc, Galvanizing, Poly ond, Chemical Conversion Coating, and Powder. Each DO will define the required products and any special preparation or packing pertinent to the specific order. A reasonable and accurate delivery schedule will be required for each DO. The contractor shall be responsible for delivery of compliant items to AMTD at NAWCWD-CL defined in each DO.

3.1.1 The contractor shall deliver painting, plating, and coating of products per the requirements set forth in individual DO’s utilizing Government-provided drawings, data files, and instructions. As drawings, data files, and instructions will be transmitted via electronic mail the contractor shall be capable of accepting applicable information in this format.

3.1.2 The contractor shall maintain capability and/or access to subcontract capability, to meet AMTD needs and requirements for painting, plating, and coating.

3.1.3 Orders issued under this contract will be considered time critical; therefore, special delivery requirements will be implemented. The Government reserves the right to hand carry, and/or pick up, items at the contractor’s site. In these instances, a reasonable distance for Government transportation would be within 250 miles of the Government site a NAWCWD-CL. Specific pickup and/or delivery requirements will be defined in each DO.

3.1.4. Conformance certificates shall be provided and accompany the finished items. Certification will be based upon the applicable specifications cited within each DO. These include process inspections and any applicable inspection data.

4.0 QUALITY ASSURANCE REQUIREMENTS

4.1 The Government reserves the right to "inspect-at-source" supplies and/or services as it deems necessary. Government inspection shall not constitute acceptance, nor shall it replace contractor inspection or otherwise relieve the contractor of its responsibility to furnish an acceptable end item.

4.2 Inspection and test records shall indicate the nature of the observations, number of observations made, and the number and type of deficiencies found, if any. Inspection and test data and test records shall be complete, accurate, and suitable for trend analysis and corrective action effectiveness assessment, if applicable.

4.3 Inspection and test equipment shall be traceable to National Bureau of Standards (NBS). Use of such equipment shall be maintained within established calibration/recalibration guidelines, recall status, and usage dates.

4.4 Material certifications, process certifications, and applicable inspection data documenting conformance to applicable specifications cited in individual DOs shall be supplied with the finished items.

5.0 SPECIAL CONSIDERATIONS

5.1 Delivery Schedule: Products procured as part of this contract are considered time critical; therefore, timely delivery of the subject material products is paramount. The optimum delivery time is considered 3 to 14 days; however, the exact delivery requirements will be specified in individual DOs.

5.1.1 The contractor shall be responsible for delivery of all products to NAWCWD-CL as defined in paragraph 5.2.

5.2 PACKING AND SHIPPING

Shipping and preservation shall be by best commercial practice with delivery to the following locations:

China Lake Address:

NAWCWD/D554600 China Lake 2629 McIntire St.

Bldg. 2629 China Lake, CA 93555 Attn: (Government Representative and phone number)

Section D - Packaging and Marking

5252.247-9508 PROHIBITION AND LIMITATIONS FOR PACKAGING MATERIALS

(NAVAIR) (AUG 2019)

The use of loose fill materials, asbestos, excelsior, newspaper and shredded paper (all types) are prohibited. In addition, all Wood Packaging Materials (WPM) shall be heat treated or chemically treated in accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15:2009, "Regulation of Wood Packaging Material in International Trade."

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

TONY SMALL

1900 N. KNOX ROAD, WING 8 (WEST END) MACHINE

STOP 6621, BUILDING 00005, ROOM 100D

CHINA LAKE CA

760-939-0663 FOB: Destination N68936

F-TXT-10 SHIPPING INSTRUCTIONS (CHINA LAKE) (OCT 2017)

Access requirements:

Badge Requests 760-939-3705 (Submit 3 business days prior to scheduled delivery. If delivery driver has not previously had base access, an additional SECNAV 5512/1 form will need to be completed 2 weeks in advance of first delivery for background check processing).

Vehicle Documents Current vehicle registration, current proof-of-insurance, proof of citizenship if driver is non-US citizen.

Delivery Days Monday through Thursday. For orders scheduled for Friday delivery, please contact the Ordering Officer to make alternative delivery arrangements.

Contact Phones:

China Lake 760-939-3160 (Base Access), Hours 0700-1530 (7am-3:30pm) Monday through Thursday, and please call to verify hours on alternating Fridays.

760-939-0377 (Ordering Officer) Pt Mugu 805-982-4371 (may go to voicemail; however, messages will be responded to).

Unless special arrangements are made PRIOR to the delivery, after the 4pm cut-off vehicles will be turned from the gate and no items will be accepted.

Or as otherwise specified in each DO. The location identified in the Delivery Order recorded on the Bill of Lading is where shipments MUST be delivered.

Failure to mark each shipping label and packing list as indicated above may result in return of shipment at your expense, or will cause a delay in processing your invoice for payment.

DOCK HOURS are Monday through Thursday, and Alternating Fridays, 0730-1530. If you anticipate making delivery on a Friday please call Receiving at (760)939-2305 to verify receiving dock hours.

Section G - Contract Administration Data

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):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

__________*to be completed at time of award____________________________

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

__________*to be completed at time of award____________________________

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(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*

*to be completed at time of award (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

__________*to be completed at time of award____________________________ (Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

*to be completed at time of award

G-TXT-03 CONTRACTOR ACCESS TO NAVAL AIR WARFARE CENTER WEAPONS DIVISION CHINA LAKE (JUL 2014)

Contractors requiring access to the Naval Air Warfare Center Weapons Division China Lake are required to have credentials in Defense Biometric Identification System (DIBIDS) or obtain a day pass from the Pass and ID Office. The Government will not be responsible for work delays or work stoppages due to failure to comply with these access requirements. Questions should be directed to Tina Todd at (760) 939-3154.

Section H - Special Contract Requirements

ORDER PLACEMENT PROCEDURES

ORDER PLACEMENT PROCEDURES

INTRODUCTION

The Government intends to allow contract awardees (herein referred to as contractor) a fair opportunity to compete for orders that are estimated greater than the micro-purchase threshold. The micro-purchase threshold is $10,000 for supplies, $2,500 for services subject to Service Contract Labor Standards (SCLS), or $2,000 for construction subject to Davis Bacon. For purposes of this requirement, an order is defined as the total estimated value of an entire order, and not individual line items or single unit price.

ORDERING OFFICER WARRANT AUTHORITY

The Ordering Officer’s authority is limited to orders up to $25,000.

The Contracting Officer authority is for orders over $25,000.

The Ordering Officers do not have authority to approve other acquisition documentation such as justifications, determinations, and clearances. Additionally trade-off analysis and decisions are reserved for Contracting Officers only.

The following individual(s) are designated as authorized Ordering Officer(s) for this contract:

Ordering Officer: (designated at contract award), orders up to $25,000 Contracting Officer: Tara Randolph, tara.j.randolph.civ@us.navy.mil 760-793-8330, orders over $25,000 Ordering Officers are responsible for issuing and administering oral orders placed for this contract within their authority stated above. Ordering Officers have no authority to modify any of the terms and conditions of the basic contract.

ORDERS BELOW THE MICRO PURCHASE THRESHOLD

Orders valued at less than the micro-purchase threshold may be directly awarded to any contractor or competed at the discretion of the Ordering Officer. The Government reserves the right to request a quote from any or all contractors.

ORDERS ABOVE THE MICRO-PURCHASE THRESHOLD AND UP TO $25,000

Orders estimated to be valued over the micro-purchase threshold and up to $25,000 will be competed using the procedures described herein.

ORDERS GREATER THAN $25,000

Orders that are estimated to exceed $25,000 will be competed using the procedures described herein; however, any ensuing orders will be issued on a written SF 1449 by the Procuring Contracting Officer (PCO).

ORDER SOLICITATION REQUEST FOR QUOTE (RFQ)

The Ordering Officer designated under the contracts will issue a request for quotation, via electronic mail.

This request may include:

1. RFQ # and or PLAN#

2. Item(s) description and corresponding line item number from base contract

3. Quantity

4. Delivery date

5. Place of delivery or performance

6. Freight on Board (FOB) (Select one: destination or origin)

7. Specifications and other documents

8. (Select one: Manufacturer or Quality) Certification requirements

9. Quotation submission deadline (date and time)

10. Evaluation and award method

11. Payment Method (P-Card or WAWF)

12. North American Industry Classification System code

13. Solicitation Provisions

CONTRACTOR’S QUOTE

The contractor’s quote shall include, as a minimum:

1. Quantity by Line Item

2. Unit price by Line Item

3. Total order price, including shipping

4. Delivery date by Line Item

5. Origin of materials

6. Other information as delineated in each RFQ

7. If subcontracting is contemplated, the quote shall include:

a. Name, address, and CAGE code of subcontractor

b. Business size (Reference FAR 19.102). If subcontractor is a small business, include any additional small business subcategories which the subcontractor represents

c. Price

d. Percent of work to be performed by the subcontractor

8. Validity period for quote

CLARIFICATIONS

Quoters may request the Ordering Officer to provide clarification of technical and delivery requirements; however, questions and answers may be shared with all prospective contractors. Proprietary information will be protected, providing the Quoter clearly identifies which data are proprietary and the Government agrees with the determination.

LATE SUBMISSIONS, REVISIONS, AND WITHDRAWAL OF QUOTES

Quotes received after the submission deadline as specified in the RFQ are “late” and may not be considered.

Contractors may request that the Ordering Officer extend the deadline. If an extension is granted, all contractors who received the RFQ will be notified of the extension.

Quote revisions must be received prior to the quote submission deadline in order to be considered. However, revisions of an otherwise successful quote that make its terms more favorable to the Government will be considered at any time it is received and may be accepted, prior to award of the Order.

Quotes may be withdrawn by written notice (email is acceptable) at any time before the quote submission deadline.

NO BID/NON INTEREST

Contractors that are unable to provide quotes for RFQs issued by the Government are requested to respond with a no-bid/non-interest letter. Contractors who frequently do not respond to RFQs, or frequently respond with nobid/non-interest may be terminated for convenience. The contractor will be notified of such decisions before any action is taken.

DELIVERIES

Delivery times are considered critical. On-time and late deliveries will be tracked for all contractors. Consideration to revise the delivery date of existing Orders may be proposed by the contractor and the consideration must be of value to the Government. Suggestions include free/expedited shipping, product discount, additional product, invoice reduction. Consideration may result in a modification to revise the delivery date and will not adversely impact past performance. The Ordering Officer will notify the Contracting Officer of any contractor who is consistently late in making deliveries. This may result in the Contracting Officer making a determination on a case-by-case basis that the contractor is excluded from competition on future orders. The contractor will be notified of such decisions before any action is taken.

EVALUATION/AWARD

Evaluation and award procedures will be tailored to each acquisition and will typically be issued either on the basis of price alone or Trade-off as described below. The evaluation and award method for each competitive order will be specified in the Order solicitation RFQ.

1. Price Alone

The Government may issue an order to the lowest price Quoter that meets the requirements of the Order Solicitation RFQ, including the delivery schedule, and that the Quoter has a satisfactory past performance.

1. Tradeoff

The Government may issue an order resulting from the RFQ to the Quoter whose quote conforming to the RFQ will be most advantageous to the Government, price and other factors considered.

The following factors may be used to evaluate quotes, as specified in the RFQ:

a. Technical

b. Delivery Date

c. Past Performance

d. Price The Government will conduct evaluation of quotes. The PCO will conduct the tradeoff and select the quotation that offers the greatest value to the Government.

ONE OFFER

If only one offer is received in response to a competitive Order solicitation exceeding the simplified acquisition threshold that is placed on a competitive basis, the requirements at DFARS and PGI 215.371 may apply.

MODIFICATIONS TO PROCEDURES

These procedures may only be modified by mutual agreement of the Contracting Officer and each contract holder.

Section I - Contract Clauses

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 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. 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.)

___ (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 (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. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

____ (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) (15 U.S.C. 657s).

____ (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).

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

____ (30)(i) 52.222-26, Equal Opportunity (SEPT 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). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

____ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 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. chapter 83, 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).

____ (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. 2302 Note).

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

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

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 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)).

____ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (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. chapter 67).

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

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

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

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

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

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

(v) 52.219-8, 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 2016) (E.O. 11246).

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

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

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

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

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

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

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

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

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(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.