CSS - FA813224Q0024.pdf
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- Attached to
- Computer Numerical Control (CNC) Equipment and Flexible Manufacturing System (FMS) BPA Program Federal contract opportunity
- Solicitation number
- FA813224Q0024
About this file
This document is a Combined Synopsis/Solicitation (CSS) for a Blanket Purchase Agreement (BPA) to provide the Air Force Sustainment Center with Computer Numerical Control (CNC) Equipment and Flexible Manufacturing System (FMS) products and associated services.
The CSS outlines a partially set-aside acquisition for small business and partially sole source to Starrag USA, Inc. The BPA will have a maximum ordering value of $99,000,000 and individual call orders will not exceed $7,500,000. The solicitation will close on June 20, 2024 at 3:00 PM CDT. Offerors must submit quotes in response to individual Requests for Quotes (RFQs) issued under the BPA. The BPA will cover a range of CNC and FMS equipment, accessories, and training services, with certain FMS items designated as sole source to Starrag USA, Inc. Successful offerors will be required to provide commercial product literature and pricing information as part of their responses.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 04 - TEP Worksheet - Price List - Revised 18Jun24.xlsx | XLSX spreadsheet | |
| Attachment 01-Statement of Work-Revised 12Jun24 Final_Redacted.pdf | ||
| Attachment 05 - Brand Name Class JA - Final_Redacted.pdf | ||
| Attachment 01 - Statement of Work Revised 10Jun24 Final_Redacted.pdf | ||
| Attachment 04 - TEP Worksheet - Price List - Revised 10Jun24.xlsx | XLSX spreadsheet | |
| Attachment 02 - Item Desciption.pdf | ||
| Attachment 04 - Total Evaluated Price (TEP) Worksheet - Price List.xlsx | XLSX spreadsheet | |
| Attachment 01 - Statement of Work -Final _Redacted.pdf | ||
| Attachment 03 - Authorized BPA Caller Memo.pdf |
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Combined Synopsis/Solicitation Solicitation Number: FA813224Q0024
CNC Equipment and FMS BPA
The Air Force Sustainment Center’s Maintenance Contracting Branch (AFSC/PZIMC, 3001 Staff Dr Ste 2S76, Tinker AFB, OK 73145-3303) at Tinker Air Force Base, Oklahoma, intends to issue one or more blanket purchase agreements (BPA) for Computer Numerical Control (CNC) Equipment and Flexible Manufacturing Systems (FMS). See Section 2 – entitled Supplies and Price – of the solicitation for complete details.
This is a combined synopsis/solicitation for commercial items prepared IAW the format in Federal Acquisition Regulation (FAR) Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued aside from the one posted here.
This solicitation is being issued as a request for quotation (RFQ) IAW FAR Part 13, the Defense FAR Supplement (DFARS) Part 213, and the Department of the Air Force FAR Supplement (DAFFARS) Par 5313. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-05, DFARS changes effective 04/25/2024, and DAFFARS Acquisition Circular (DAFAC) 2023-0707
This acquisition is partially set-aside for Small Business and partially sole source to Starrag USA, Inc.
QUOTE SUBMISSION INFORMATION
REQUISITION NUMBER:
To be stated on each individual order
SOLICITATION NUMBER:
FA813224Q0024
SOLICITATION ISSUE DATE:
04 June 2024
SOLICITATION DUE DATE:
20 June 2024, 3:00 PM CDT
THIS ACQUISITION IS:
Partially set-aside for small business and partially sole source to Starrag USA, Inc.
FSC/PSC:
Air Force: 4920/J049 DLA: 3400 series (3408, 3415, 3416, 3417, 3460, and 3461)
NAICS:
333517
DPAS RATING:
DO:B9
Size Standard:
500 employees
Surveillance Criticality Rating:
C
METHOD OF SOLICITATION:
REQUEST FOR QUOTE
DELIVERY:
See schedule; to be stated on each individual order
Quotes are due to the point of contact (POC) below by 20 June 2024, 3:00 PM Central Daylight Time (CDT)
Margaret J. King, Contract Specialist Jaqueline Hughes , Contracting Officer margaret.king.1@us.af.mil jaqueline.hughes@us.af.mil
All quotes must be good for no less than 90 days after the quote submission date above.
QUOTE SHEET
Offerors are REQUIRED to return the portion of this CSS below with the completed information and authorized signature. Offerors may also provide their company’s quotation sheet in addition to this response page.
SECTION 1 – OFFEROR INFORMATION
Company Name:
Address:
CAGE Code and UEI Number:
The Government cannot enter into contracts or agreements with Offerors not registered in SAM. For registration information, visit the SAM website (https://www.sam.gov/) and follow the instructions in the Quick Start Guide For SAM Registration, which can be found under the Help Tab and User Guides submenu.
Small Business Size:
Web Page URL:
Point of Contact:
POC Phone # and email address:
SECTION 2 – SUPPLIES AND PRICE
Please complete and return the following documents along with this Quote Sheet:
Attachment 4, Combined Total Evaluated Price (TEP) Worksheet and Price List
Answer the questions for; clause 52.209-11 and clause 52.204-24
Item Specification Documentation – this will be commercial product literature and more detailed specifications (if needed). If your product literature and specs do not address each and every item in Attachment 2, Item Description, you must address each of those items, which will be your certification that your product meets or exceeds our requirement as listed in the Item Description.
Warranty Information Failure to complete this quote sheet and to return all documents will render you ineligible for award.
Payment Terms / Discount Terms
NET 30 / % In Days After Invoice Submission in WAWF
An example of a payment discount would be 2.5% in 7 days, which means that although we have 30 days to pay you after submission of invoices, we would receive a 2.5% discount if we paid you within 7 days.
Delivery Time
Days after Receipt of Order
SECTION 3 – CERTIFICATION OF RESPONSE
NAME OF OFFEROR’S REPRESENTATIVE TITLE
SIGNATURE DATE
The Offeror is required to sign this document and return a copy to issuing office. By signing and returning this, the Offeror agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms, conditions, provisions, clauses, and specifications of the solicitation and award (if received). The Offeror is required to provide commercial product literature for all items quoted above as required/requested.
http://www.sam.gov/)
Supplies or Services & Prices or Costs
Additional Information/Notes
Computer Numerical Control (CNC) Equipment and Flexible Manufacturing System (FMS) BPA Program
Ordering Schedule
1. Negotiation Authority- The issuance of individual calls under this Blanket Purchase Agreement (BPA) will be made under the authority of 10 U.S. C. 2304(g) as implemented at FAR13.303.
2. Definitions - The following definitions apply to this requirement:
(a) Blanket Purchase Agreement (BPA) - A simplified method of filling anticipated repetitive needs for supplies or services by establishing "charge accounts" with qualified sources of supply.
(b) Call - An order against a BPA which can be placed by authorized personnel.
(c) Caller - An individual authorized to make a call (place an order) against a BPA; authorized callers other than the Contracting Officer (CO) will be noted on a separate letter issued by the CO.
3. Description of Agreement - The Contractor shall furnish all items listed in the item description and Statement of Work (SOW) when requested by the CO or an authorized representative during the ordering period.
(a) Effective Period - This BPA will not exceed beyond 30 August 2030 (starting from the effective date) AND the total value per BPA call will not exceed $7,500,000.
(b) Individuals Authorized to Place Calls - Any CO belonging to Tinker Air Force Base (AFB) Maintenance Contracting Branch (AFSC/PZIMC) or Defense Logistics Agency (DLA) is authorized to place calls against this BPA. Authorized callers other than the CO's listed above will be noted in a separate letter IF other individuals are authorized todo so. AFSC/PZIMC is the controlling office of this BPA. All other agencies are required to report all Calls placed on this BPA to PZIMC CO to ensure all terms and conditions are met for price ceiling tracking purposes.
(c) Purchase Limitation - No individual call under this agreement shall exceed $7.5M in accordance with (IAW) Federal Acquisition Regulation (FAR) Part 13.5. There is no minimum required purchase for this BPA.
(d) Government Extent of Obligation- It is understood and agreed that this BPA obligates the Government only to the extent that authorized calls are actually made against it by an authorized individual, and then only when performance against such calls has been completed. The Government is not responsible for calls made by an unauthorized individual. A list of personnel authorized to place calls against this BPA will be provided in the event personnel are authorized by the CO.
(e) Contractor Extent of Obligation
(i) Pricing - The prices charged to the Government shall be as low as or lower than those charged to the supplier's most favored customer for comparable quantities under similar terms and conditions. The prices that are quoted on the supplier's price list shall meet such pricing that is indicated within this section. Only the CO is authorized to approve additional items for purchase. The supplier's price list may be updated regularly in response to market conditions, but not more than once every year, or upon CO request. Price lists must be submitted to the CO for review and approval.
**The price list is established with the Contracting Officer at time of award and can be changed on a case-by-case basis IAW paragraph (3)(e)(i) above. Prices provided in the price list are baseline to establish the agreement and not indicative of the actual Price List
FA813224Q0024
(ii) Fulfillment of Calls - The Contractor must provide the Government with all goods and services on the Call. Any Calls received by the Contractor from unauthorized personnel shall not be honored, and the Contractor must notify the CO any time an unauthorized individual tries to place a call against the BPA.
(f) Cancellation - If, at anytime, the Government or the Contractor decides the agreement has no future value to them, either party must provide the other party with 30 days' written notice of the termination of the agreement.
4. Request For Quote (RFQ)
(a) A request for quote (RFQ) will be issued for every requirement whether it is to be competitive or issued directly to only one Contractor.
(b) Each RFQ will contain award criteria and any notes applicable to that particular request. All quotes are expected to be returned to us within three (3) business days unless otherwise stated. For urgent requirements, each Contractor must respond to the RFQ within 24 hours (or less, if specified) with their quote and delivery schedule information.
(c) All RFQ responses must be complete and contain the Contractor's best pricing and terms IAW para. 3(e)(i) above.
(d) All Contractors must respond to each RFQ. If a Contractor cannot provide pricing for any RFQ, they must still respond to the request and provide their rationale for their failure to respond to the RFQ.
5. Calls
(a) Calls against this BPA will be written.
(b) The Government's intent is to compete calls among all BPA holders. Each call will establish evaluation factors for award. Each Contractor must respond with their quote via email within three business days of the official RFQ.
(i) Calls for the Item Numbers below will be sole source to Starrag USA, Inc.:
0013 FMS Base Module Up to 55" Diameter Swing (Includes 1 load station)
0014 FMS Base Module Greater than 55" Diameter Swing (Includes 1 load station)
0015 FMS Extension Module Up to 55" Diameter Swing
0016 FMS Extension Module Greater than 55" Diameter Swing
0017 FMS Load Station Up to 55" Diameter Swing
0018 FMS Load Station Greater than 55" Diameter Swing
0029 Initial Training
0030 Follow Up Training
0031 Advanced Training
(ii) Calls associated with the sole source Calls to Starrag USA, Inc. containing the above Item Numbers. will be clearly identified to the other BPA holder/on the associated call to ensure the items purchased on both Calls are configured correctly and are able to work together seamlessly.
(c) The Government will take reasonable steps to ensure that each Contractor receives approximately equal dollar amounts over the life of the BPA, so the Government also reserves the right to withhold RFQs from any BPA holder in order to ensure calls are distributed among all BPA holders. The Government also reserves the right to issue a call to any BPA holder directly at any time and for any reason during the life of this agreement. Neither of the methods described in this subparagraph will be the Government's standard operating procedure for this BPA program, but they will be enacted as determined necessary by the CO.
(d) After a call is awarded, all Contractors will receive an email with the following award information: Successful Contractor, Location, Call #, and Total Award Amount.
(i) Air Force contracting retains contract authority for contract award and post-award administration of FSC 4920 designated machines. Machines integrated into an FMS are designated FSC 4920 "Aircraft Maintenance and Repair Shop Specialized Equipment".
(ii) DLA executes buy order and post-award administration of stand-alone machines designated FSC 3408, 3415,3416, 3417, 3419, 3460, 3461 "Machining Center and Way-Type Machines".
6. Deliveries
(a) Address - All items ordered against this BPA will be delivered to the address stated on each individual call.
(b) Coordination - Please coordinate all deliveries to Tinker AFB with the Commodities Team(OC-ALC/OBCB), who can be reached at OCALC.OBCB.CommoditiesSurveill@us.af.milor 405-582-5485, unless otherwise stated. Calls may contain other details regarding coordination (e.g. a specific point of contact).
(c) Delivery tickets - All shipments under this agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:
(i) Name of Supplier/Contractor
(ii) BPA # (see Block 2 - Contract No. -of BPA Call)
(iii) Date of Purchase
(iv) Call # (see Block 4 - Order No. - of BPA Call)
(v) Itemized list of supplies or services furnished
(vi) Quantity, unit price, and extension of each item, less applicable discounts
(vii) Shipment Date
(viii) Name of Individual Placing Calls
(d) Inspection and Acceptance - This will be at destination (Tinker AFB, OK) unless otherwise provided. Until delivery and acceptance, and after any rejections, the risk of loss will be on the contractor unless loss results from negligence of the United States Government.
7. Invoices - The Contractor shall submit an invoice for a completed, delivered call using the Wide Area Work Flow (WAWF) Online Application, which can be found in the Procurement Integrated Enterprise Environment (PIEE; https://piee.eb.mil/).Complete invoicing information will be found in Defense FAR Supplement (DFARS)Clause 252.232-7006.
Estimated Value of Potential Orders
Maximum: 99,000,000.00 Dollars, U.S.
Purchase Limitation
Maximum: 7,500,000.00 Dollars, U.S.
Description/Specifications/Statement of Work
Requirements CNC Equipment and FMS BPA in accordance with (IAW) Item Description and Statement of Work (SOW).
See individual orders for end-user information.
Packaging and Marking
Packaging and Marking information will be provided on individual orders/calls.
Inspection and Acceptance
Inspection and Acceptance information will be provided on individual orders/calls.
Deliveries or Performance
Government Destination
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.247-34 F.o.b. Destination. Nov 1991
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause-Definitions.
"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, asElectronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall-WAWF access.
(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the PracticeWAWF training.
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) Document submissions may be via web entry, Electronic Data Interchange, or File TransferWAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports inWAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s):Document type.
(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.
Combo D/D
(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.
Combo D/D
(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 financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWFDocument routing.
when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC SEE SCHEDULE
Issue By DoDAAC SEE SCHEDULE
Admin DoDAAC SEE SCHEDULE
Inspect By DoDAAC SEE SCHEDULE
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request inPayment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.Receiving report.
(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.
N/A
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Special Contract Requirements
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-6 Restrictions on Subcontractor Sales to the Government. (Alternate I) Jun 2020 Alternate I Nov 2021 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-16 Preventing Personal Conflicts of Interest. Jun 2020 52.203-17 Contractor Employee Whistleblower Rights. Nov 2023 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
Nov 2021
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.219-8 Utilization of Small Business Concerns. Feb 2024 52.219-9 Small Business Subcontracting Plan. Sep 2023 52.219-16 Liquidated Damages-Subcontracting Plan. Sep 2021 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment. Jun 2020 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-37 Employment Reports on Veterans. Jun 2020 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-5 Trade Agreements. Nov 2023 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.242-13 Bankruptcy. Jul 1995 52.253-1 Computer Generated Forms. Jan 1991
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
May 2019
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.227-7015 Technical Data-Commercial Products and Commercial Services. Mar 2023
252.227-7037 Validation of Restrictive Markings on Technical Data. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.232-7011 Payments in Support of Emergencies and Contingency Operations. May 2013 252.233-7001 Choice of Law (Overseas). Jun 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System. Jan 2023 252.246-7008 Sources of Electronic Parts. Jan 2023
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.
(Feb 2024)
As prescribed in , insert the following clause:12.301(b)(4)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Feb 2024)
(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 (section 743 of Division E, Title VII,(Jan 2017) of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)
(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)
(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:
x (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).Alternate I x (2) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(Nov 2021)
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5).(Jun 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(4) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the(Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
x (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(Jun 2020)
(6) [Reserved].
x (7) 52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)
(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(Oct 2016) x (9) 52.204-27, Prohibition on a Byte Dance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)
(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi- Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)
(11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
(ii) Alternate I of 52.204-30.(Dec 2023) x (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov (31 U.S.C. 6101 note).2021) x (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(Oct 2018)
(14) [Reserved].
(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).Oct 2022
(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference, Oct 2022 it shall so indicate in its offer) (15 U.S.C. 657a).
(17) [Reserved]
(18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
(ii) Alternate I of 52.219-6.(Mar 2020)
(19) x (i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
(ii) Alternate I of 52.219-7.(Mar 2020) x (20) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).Feb 2024 x (21)
(i) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).Sep 2023
(ii) Alternate I of 52.219-9.(Nov 2016)
(iii) Alternate II of 52.219-9.(Nov 2016)
(iv) Alternate III of 52.219-9.(Jun 2020)
(v) Alternate IV ( ) of 52.219-9.Sep 2023
(22)
(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)
(ii) Alternate I of 52.219-13.(Mar 2020) x (23) 52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s).Oct 2022 x (24) 52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(Sep 2021)
(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024 x (26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).Feb 2024
(ii) Alternate I of 52.219-28.(Mar 2020)
(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( ) Oct 2022 (15 U.S.C. 637(m)).
(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022
(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(Mar 2020)
(30) 52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(Sep 2021) x (31) 52.222-3, Convict Labor (E.O.11755).(Jun 2003) x (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies .(Feb 2024) x (33) 52.222-21, Prohibition of Segregated Facilities .(Apr 2015)
(34) x (i) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2016)
(ii) Alternate I of 52.222-26.(Feb 1999) x (35)
(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
(ii) Alternate I of 52.222-35.(Jul 2014) x (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
(ii) Alternate I of 52.222-36.(Jul 2014) x (37) 52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).Jun 2020 x (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(Dec 2010) x (39)
(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)
(ii) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)
(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (May 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(May 2008)
(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(Jun 2016)
(44)
(i) 52.223-13, Acquisition of EPEAT(r)-Registered Imaging Equipment (E.O.s 13423 and 13514).(Jun 2014)
(ii) Alternate I of 52.223-13.(Oct 2015)
(45)
(i) 52.223-14, Acquisition of EPEAT(r)-Registered Televisions (E.O.s 13423 and 13514). (Jun 2014)
(ii) Alternate I (Jun2014) of 52.223-14.
(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(May 2020)
(47)
(i) 52.223-16, Acquisition of EPEAT(r)-Registered Personal Computer Products (E.O.s 13423 and 13514).(Oct 2015)
(ii) Alternate I of 52.223-16.(Jun 2014) x (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(Jun 2020)
(49) 52.223-20, Aerosols (E.O. 13693).(Jun 2016)
(50) 52.223-21, Foams (Jun2016) (E.O. 13693).
(51)
(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(Jan 2017)
(ii) Alternate I of 52.224-3.(Jan 2017)
(52)
(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)
(ii) Alternate I of 52.225-1.(Oct 2022)
(53)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 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 of 52.225-3.( 2022)Dec
(iv) of 52.225-3.Alternate III (Feb 2024)
(v) Alternate IV (Oct 2022) of 52.225-3.
x (54) 52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(NOV 2023) et seq x (55) 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (Feb 2021) Assets Control of the Department of the Treasury).
x (56) 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).
(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
(59) 52.229-12, Tax on Certain Foreign Procurements .(Feb 2021)
(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)
(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021) x (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(Oct2018)
(63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(64) 52.232-36, Payment by Third Party (31 U.S.C. 3332).(May 2014)
(65) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(Aug 1996) x (66) 52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(Jan 2017) x (67)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)
(ii) Alternate I of 52.247-64.(Apr 2003)
(iii) Alternate II of 52.247-64.(Nov 2021)
(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:
x (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
x (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(May 2014)
(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).
x (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).
x (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022) x (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)
(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record 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 (41 U.S.C. 3509).(Nov 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a Byte Dance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
(B) Alternate I of 52.204-30.(Dec 2023)
(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting ( )Feb 2024 opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities .(Apr 2015)
(x) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2015)
(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(Jun 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(Aug 2018)
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(Nov 2021)
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(May 2022)
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I of 52.224-3.(Jan 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (Jun 2020) paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down (Nov 2021) 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)
52.219-14 Limitations on Subcontracting. (Oct 2022)
As prescribed in , insert the following clause:19.507(e)
Limitations on Subcontracting (Oct 2022)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) , as used in this clause, means a first-tier subcontractor, including an independent contractor, that-Definition. Similarly situated entity
(1) Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside contract, e.g.
any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) This clause applies only to-Applicability.
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are-
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are-
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F);
or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) An independent contractor shall be considered a subcontractor.Independent contractors.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract Limitations on subcontracting.
assigned a North American Industry Classification System (NAICS) code for-
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-
By the end of the base term of the contract and then by the end of each subsequent option period; or
By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010)
As prescribed in 22.1605 , insert the following clause:
Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."
(b) This required employee notice, printed by the Department of Labor, may be-
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.
(e) In the…
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