Commercial Solicitation N6893623Q0054.docx

N6893623Q0054

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Email address: andrea.m.mcguire2.civ@us.navy.mil

This is a Firm Fixed Price requirement for 12 months of propane delivered to China Lake, CA. See Section C SOW, and SOW appendix A&B Locations

Questions and answers will be posted by 12/28/2022.

If no questions are recieved, solicitation will be amended to shorten closing date.

**Please provide a firm fixed price quote per gallon/propane. Pricing to include all elements to provide propane and delivery services over a 12 month period per the SOW and locations listed in section C. If pricing has expiration date, please notate on quote.

**On your quote confirm if you/your drivers have access to base (and the locations attached Appendix A and B)?

Vendor Questions

1) CAGE Code:

2) SAM UEI:

3) GSA Contract # and expiration date (IF quoted items are on GSA schedule):

4) Payment Terms shall be NET 30 days. Please state that this is acceptable?

5) The Purchase Order will be written under the terms and conditions governed by the Federal Acquisition Regulations (FAR), Department of Defense FAR Supplement (DFAR), and the Simplified Acquisition Procedures for commercial/non-commercial items/services. State you agree to these terms:

6) Invoicing and payment will be made thru Wide Area Workflow (WAWF). As of October 1, 2007 it became mandatory to be registered in order to process any government procurement. If you are not registered please take a moment to do so at https://wawf.eb.mil/. Please state that you are registered:

*APPLE PRODUCTS WILL NOT WORK WITH INVOICING THROUGH WAWF/IRAPT SYSTEM

Section B - Supplies or Services and Prices

PROPANE 12 months FFP

FFP

Propane and delivery services per SOW and Appendix A in Section C. **Unit of Issue= gallon of propane Actual Delivery start will be setup at time of award.

FOB: Destination MFR PART NR: See Section C SOW Appendix A

PURCHASE REQUEST NUMBER: 1301048961

PSC CD: 6830

NET AMT

PROPANE 12 months FFP

FFP

Propane and delivery services per SOW and Appendix B in Section C. **Unit of Issue= gallon of propane Actual Delivery start will be setup at time of award.

FOB: Destination MFR PART NR: See Section C SOW Appendix B

PURCHASE REQUEST NUMBER: 1301048961

PSC CD: 6830

NET AMT

Section C - Descriptions and Specifications

SOW

STATEMENT OF WORK

FOR PROPANE DELIVERY SERVICES

16 November 2022

1.0 BACKGROUND AND SCOPE

1.1 Background: The Naval Air Warfare Center Weapons Division (NAWCWD) China Lake, California requires propane delivery services to multiple sites located within an 80 miles radius from the NAWCWD China Lake front gate on Inyokern Road. The Infrastructure Business Operations (IBO) Department (DC50000) provides overall management and oversight of the propane delivery services.

1.2 Scope: The Contractor shall provide all labor, materials, equipment, tools and training to accomplish the safe storage, transport and delivery of propane to various locations to ensure fuel is readily available at the sites provided herein.

2.0 APPLICABLE DOCUMENTS

2.1 Occupational Safety and Health Standards 1910.110 Storage and Handling of Liquefied Petroleum Gases

2.2 US Department of Transportation (USDOT) guidelines at https://www.transportation.gov

3.0 REQUIREMENTS

3.1 General Requirements

3.1.1 Compatibility: The Contractor shall maintain the capability to prepare documents and software packages compatible with the Government IT environment through the security classification of For Official Use Only (FOUO). The current operating environment required for this contract includes:

Microsoft Windows 10 Microsoft Office Professional Plus 2010 Adobe Acrobat XI (reader) Internet access

The Contractor shall maintain the ability to interface with and transfer data to and from requiring office software applications and their upgraded versions. The Contractor shall maintain state-of the-art anti-virus software and ensure that all media are virus free when delivered. The Contractor shall be capable of Internet and LAN communications with the Infrastructure Business Operations Department. Contractor personnel shall be capable of maintaining real-time communications, via a Customer Service Rep, with the IBO Department during working hours.

3.1.2 Work Location, Facilities, and Telework

3.1.2.1 Work location: Approximately 95 percent of work will be performed at Government site and 5 percent of work to be performed at Contractor site. Government site(s) include NAWCWD China Lake. NAWCWD is located aboard the Naval Air Weapons Station China Lake (NAWSCL) located 150 miles north of Los Angeles, CA. Specific tank locations are provided in Appendix A and Appendix B. Propane delivery sites are located up to 80 miles from the Main Gate near the intersection of China Lake Boulevard and Inyokern Road. Normally access by two wheel drive vehicle will be sufficient, however some remote locations may require four-wheel drive delivery vehicles in inclement weather of rain or snow. Refer to Appendix A and Appendix B for travel times. Contractors performing on-site support shall be required to bring the tools, equipment, and parts necessary to carry out assigned tasks as listed in this SOW.

3.1.2.2 Meeting support: Not Applicable.

3.1.2.3 Telework: Not Applicable.

3.1.3 Contract Status reporting: The contractor shall provide the following documentation:

3.1.3.1 Monthly Progress and Financial Status Report: The contractor shall provide a progress and financial status report. The report shall include work accomplished since submittal of the last report, both monthly and cumulative by CLIN to include: delivery dates, locations, amounts dispensed in gallons to each tank, starting tank level percentages and finishing tank level percentages. (CDRL A001)

3.1.3.2 Damage/Accident/Spill Report: The contractor shall provide a damage/accident/spill report in accordance with paragraph 3.3.3 and CDRL A002.

3.1.3.3 Propane Delivery Schedule: The Contractor shall establish a propane delivery schedule that maintains vessels at a minimum 30% and a maximum 80% of rated capacities and ready for use at all times. The initial report shall include location/building number, delivery date and time during core hours and previous tank level reading. The report and delivery schedule shall be revised as needed to maintain cost effective and efficient deliveries. (CDRL A003)

3.1.3.4 Delivery Completion Report: The Contractor shall provide a delivery completion report in accordance with paragraph 3.3.4 and CDRL A004.

3.1.4 Work Schedule to include Government Installation Work Schedule (CWS), holidays, and installation closure.

3.1.4.1 Work schedule:

The Holidays applicable to this contract are: New Year's Day, Birthday of Martin Luther King Jr., Washington’s Birthday (President's Day), Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day.

In the event that any of the above holidays occur on a Saturday or Sunday, or alternate Friday, then such holiday shall be observed as they are by the assigned Government employees at the using activity.

NAWCWD works a 4/5/9 work schedule with the exception of the South Range. Core hours for the 4/5/9 schedule are from 0600-1800. Alternate Fridays are not a part of the normal workweek for work performed on-site at a NAWCWD site. The majority of the Government offices are closed on alternate Fridays. The South Range works four ten hour days Mondays through Thursday. South Range deliveries will be required during normal South Range core hours which are from 0600-1800.

No deviation in the normal workweek will be permitted without express advance approval by the designated Contracting Officer with coordination of the using departments.

The Contractor may allow its employees to work the installation work schedule provided the requirements of this SOW are met. If the contractor chooses to allow its employees to work an alternate schedule in support of this contract, any additional costs associated with the implementation of the alternate schedule vice the standard schedule are unallowable costs under this contract and will not be reimbursed by the Government. Additionally, the alternate schedule shall not prevent Contractor employees from providing necessary staffing and services coverage as required by the Government to the Technical Point of Contact (TPOC).

3.1.4.2 Installation closure: When Federal facilities are closed by the Government, or when Federal employees are officially excused from work due to a holiday or a special event, severe weather, a security threat, or any other Government facility related problem that prevents Federal personnel from working at the Government facility, contractor personnel assigned to work at that facility in support of such Federal employees shall follow their parent company’s policies.

While generally contractor personnel may not perform work on-site at a Government facility without oversight from Federal personnel, in very limited circumstances, work being performed by contractor personnel may be deemed mission essential and performance of such mission essential work may be authorized to continue at the Government facility despite the facility being otherwise closed for normal operations. The circumstances permitting work being performed by contractor personnel to be deemed mission essential are extremely limited and generally only apply to performance of efforts related to public health, safety, or matters related to national security. The cognizant Contracting Officer must concur with any determination that work being performed by contractor personnel is mission essential.

3.1.5 Other Direct Costs

3.1.5.1 Travel: Reserved.

3.1.5.2 Material: Reserved.

3.1.6 Subcontractors and Consultants: Provisions stated herein shall be clearly and effectively communicated to all subcontractors providing support under this contract. All provisions of this SOW shall flow down to subcontractors providing support under this contract.

3.1.7 Management of Contractor Personnel: The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances will the Government assign tasks to, or prepare work schedules for, individual contractor employees. The contractor shall manage its employees and guard against any actions that are of the nature of personal services, or give the perception of personal services.

3.1.8 Training: The contractor shall provide qualified and certified personnel who are capable of assuming their duties at contract award. Training for contractor personnel shall be at the contractor’s expense.

3.2 Security

3.2.1 Citizenship Requirements: Only U.S. citizens may perform under this contract. If the Contractor cannot find qualified U.S. citizens to perform the work, the Contractor shall submit a citizenship waiver request with justification to the Government Security Office. The waiver request should include:

a. The individual's name, date and place of birth, position title, and current citizenship.

b. A statement that a qualified U.S. citizen cannot be hired in sufficient time to meet the contractual requirements.

c. A statement of the unusual expertise possessed by the applicant.

d. A statement that access will be limited to a specific government contract (specify contract number).

e. A statement that the Contractor has obtained an export license for the information required to perform the contract.

3.2.2 Investigative Requirements: Not Applicable.

3.2.3 Area Access and Badging: All Contractor personnel shall comply with current badging and security procedures to gain access to any Government site. Keys to locked site will be issued on a daily basis when required.

3.2.3.1 Access to all areas is for official purposes only. Ranges must be accessed through one of the official Entry Control Points (ECP) via approval from Micro speech which should be coordinated in advance to ensure maximum deconfliction with scheduled range events. All parties traveling beyond an ECP must complete the required range safety training and either have an R area designator on their badge, or be escorted by someone with an R area designator and who has an active call sign on file. Accessing the ranges without prior coordination with Micro speech and/or for non-official purposes is not permitted and may result in criminal prosecution or administrative actions by NAWCWD. Additionally, the Contractor shall be required to meet the Government's mandatory training requirements and attend Government sponsored training in order to gain access to restricted areas. Such training may include: Safety, Environmental, Hazardous Material (HAZMAT), Tortoise Training, Range Access, etc. All mandatory training and area access training requirements will be provided at no cost to the Contractor. The TPOC will coordinate training dates and times with the Contractor, and the Contractor shall ensure continuity of operations during scheduled training times.

3.2.3.1.1 Range Safety training is provided once a month on the first working Wednesday of the month. Training must be scheduled through the TPOC one week in advance.

3.2.3.2 The contractor shall maintain significant personnel with base access to meet the requirement. Contractor personnel must be able to pass the Defense Biometric Identification System (DBIDS) process. DBIDS badges will be issued by the Government to on-site contractor personnel and shall be visible at all times while personnel are at the Government site.

The contractor shall submit to the TPOC, the Department of the Navy Local Population ID Card/Base Access Pass Registration form (SECNAV 5512/1 – May 2021) and the NAWSCL Access Badge form (NAWS 5530/1 – Rev. 12-2021) requesting base access passes for its employees. Contractors will be vetted thru DBIDS. The TPOC will coordinate with the base pass office to assist with contractor personnel receiving base passes. The contractor shall be responsible for all passes issued to its employees under this contract. The contractor shall return all applicable base passes to the Pass and Identification Office upon termination of employment of an individual, or upon completion/termination of the contract. The contractor shall submit a listing of any employees terminated to the TPOC within seven (7) calendar days of the effective date of termination. The Government will not reimburse any base access expenses incurred by the contractor. All base access expenses incurred are the responsibility of the contractor.

3.2.3 DD-254: Not Applicable.

3.2.4 Information Security. Direct Support contractor personnel working under the purview of a DoN Commanding Officer/Commander shall comply with the local security provisions and the requirements of SECNAVINST5510.36B (series). The contractor shall implement and maintain security procedures and controls to prevent unauthorized disclosure of controlled unclassified information and to control distribution of controlled unclassified information in accordance with NISPOM 32 CFR Part 117, and SECNAVINST5510.36B.

3.2.4.1 Marking: All information generated by the Contractor shall be properly marked. CUI generated and/or provided under this contract shall be marked in accordance with DoDI 5200.48. Technical information shall also be marked with appropriate Distribution Statements and Export Control warnings in accordance with DoDI 5230.24 and program Security Classification Guidance.

3.2.4.2 Disclosure of information is covered by DFARS 252.204-7000 Disclosure of Information, incorporated in Section I of the contract. Concerning subsection (a)(2), “information otherwise in the public domain” is information officially released into the public domain, e.g. via Distribution Statement A, and does not include information in the public domain that has not been officially released. For disclosure of unclassified information that has not been officially released, the contractor must seek specific approval from the Contracting Officer, with approval from the NAWCWD Public Affairs Office (PAO).

3.2.4.3 Loss, Compromise, and/or Electronic Spillage of Classified or Controlled Unclassified Information: Not Applicable.

3.2.5 Operations Security (OPSEC): The Contractor shall develop, implement, and maintain an OPSEC program to protect controlled unclassified and classified activities, information, equipment, and material used or developed by the Contractor and any subcontractor during performance of the contract. The Contractor shall be responsible for the subcontractor implementation of the OPSEC requirements. This program may include Information Assurance and Communications Security (COMSEC). The OPSEC program shall be in accordance with National Security Decision Directive (NSDD) 298, and at a minimum shall include:

1) Assignment of responsibility for OPSEC direction and implementation.

2) Issuance of procedures and planning guidance for the use of OPSEC techniques to identify vulnerabilities and apply applicable countermeasures.

3) Establishment of OPSEC education and awareness training.

4) Provisions for management, annual review, and evaluation of OPSEC programs.

5) Flow down of OPSEC requirements to subcontractors when applicable.

While performing aboard NAVAIR or NAVAIR sites, the contractor shall comply with facility OPSEC program instructions and contribute to organization-level OPSEC efforts. Include OPSEC as part of its ongoing security awareness program and take all required Agency training. Be responsive to the Supporting OPSEC Manager on a non-interference basis. Protect sensitive unclassified information and activities, which could compromise classified information or operations, or degrade the planning and execution of operations performed by the RO and contractor in support of the mission.

3.2.6 Anti-Terrorism Force Protection and Emergency Management: The work performed on this contract is not Emergency Essential in accordance with OPNAVINST 3440.17A and Government Emergency Management, Antiterrorism and/or Continuity of Operations Plans. Contractor personnel shall comply with all Government Emergency Management, Antiterrorism and/or Continuity of Operations Plans and directives. Contractor personnel shall not report for work at Government facilities upon declaration of Force Protection Condition CHARLIE or in any event or emergency where Government officials direct curtailment of operations to “Mission Essential Only”. All Contractor personnel assigned to a government facility shall complete annual Antiterrorism (Level One) and Active Shooter training.

3.3 Detailed Support Requirements: The Contractor shall provide all labor, materials, equipment, tools, testing, and training to accomplish the safe storage, transport, and transfer of propane to various locations to ensure fuel is readily available at the sites provided herein. The contractor shall be responsible for replacing out of date or faulty valves, fittings, and gauges to ensure safe transfers and accurate readings.

3.3.1 Deliveries shall be accomplished per the Contractor generated schedule. Propane delivery sites, estimated travel times from the front gate, tank size, current tank levels, and estimated delivery frequency is provided in Appendix A. The contractor will be responsible for coordinating with the TPOC access to those sites on Appendix B that are annotated with “Locked Gate – Coordination required for access”. It is the contractor’s responsibility to establish a propane delivery schedule that maintains vessels at a minimum 30% and a maximum 80% of rated capacities and ready for use at all times. (CDRL A003)

3.3.2 Transportation: The Contractor shall provide the necessary vehicle(s) and handling equipment to permit transportation and transfer of propane to the sites identified in Appendix A. Vehicles should have proper endorsements and the Contractor shall obtain necessary clearances or permits, if any. Drivers must hold appropriate licensing for vehicles utilized.

3.3.3 Spill Prevention, Containment, and Clean-up. The Contractor shall prevent, contain, clean up and report all spills on Government property caused by the Contractor, in a manner that complies with applicable Federal, state and local laws and regulations at no additional cost to the Government. (CDRL A002)

3.3.4 Delivery Completion Report: Upon completion of each delivery, the Contractor shall notify the TPOC and obtain the TPOCs printed name and signature on a delivery completion report, acknowledging that all deliveries were completed in accordance with the delivery schedule. The report shall include delivery date, location, beginning tank level, gallons dispersed, and ending tank level broken out by each CLIN. (CDRL A004)

4.0 TECHNICAL POINT OF CONTACT (TPOC):

To be provided upon award

SOW APPENDIX B LOCATIONS

SOW Appendix B: MRTFB Propane Locations

23 Bldgs.

& 2 Bulk Tanks

80,950

**Bulk Tanks located at South Forty (Bldg. 33043) and Echo-Central site (Bldg 70016) are 20,000 gallon or greater in size. At contractors discretion bulk tanks can be filled using other than a Bobtail, for example a tractor trailer tank.

*** Locked Gate; Key needed - Coordination required for access - Points of contact to be provided at contract award.

Note: The frequencies shown in the table are estimates. It is not considered sufficiently accurate for bidding purposes by itself, but is included to indicate the approximate frequencies that MAY be required if fuel vessels were near or close to empty. It is the contractor's responsibility to establish a propane delivery schedule that maintains vessels at rated capacities ready for use at all times. A copy of the schedule shall be submitted in accordance with the CDRL requirements provided in the Statement of Work.

SOW APPENDIX A LOCATIONS

SOW Appendix A: NWCF Propane Location List

13 Bldgs

14,550

Note: The frequencies shown in the table are estimates. It is not considered sufficiently accurate for bidding purposes by itself, but is included to indicate the approximate frequencies that MAY be required if fuel vessels were near or close to empty. It is the contractor's responsibility to establish a propane delivery schedule that maintains vessels at rated capacities ready for use at all times. A copy of the schedule shall be submitted in accordance with the CDRL requirements provided in the Statement of Work.

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

DELIVERY INFORMATION

09-FEB-2024

SHIPPING INSTRUCTIONS

FOR DELIVERIES TO NAWCWD CA

FOB: Destination N68936

09-FEB-2024

FOB: Destination N68936

CLAUSES INCORPORATED BY REFERENCE

Completed Upon award

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

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

Completed upon Award

**If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.

POC:____________________________________________________________________________

ALT POC:____________________________________________________________________________

Section H - Special Contract Requirements

Section I - Contract Clauses

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 recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2018-O0021) (OCT 2022)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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 $700,000 ($1.5 million for construction of any public facility), 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 (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 Act 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 Act 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. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (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.

(End of clause)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2022)

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

___ Offeror elects to waive the evaluation preference.

(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this…