E1_Amendment 0001 Released_21Q1281.pdf

N6592321SU999YL

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to re-open the solicitation as unrestriced and extend the date of quotes due to 1:00P PM EST, 03

September 2021. See Summary of Changes for details

1. CONTRACT ID CODE PAGE OF PAGES

J 1 17

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 02-Sep-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X M6700121Q1281

X 9B. DATED (SEE ITEM 11)

18-Aug-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Sep-2021

CODE

M67001MARINE CORPS FIELD CONTRACTING SYS

ATTN: JOHN HOUNSHELL

PSC BOX 8018 BLDG 159

CHERRY POINT NC 28533

M67001 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

M6700121Q1281

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The set aside percentage 100.00% has been deleted.

The required response date/time has changed from 24-Aug-2021 11:00 AM to 03-Sep-2021 01:00 PM.

The Acquisition Set Aside has changed from Small Business to No Preference / Not Listed.

The following have been modified:

ADDENDUM TO FAR 52.212-1

1) Submission of Quote

a) The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 1:00

P.M. (EDT) on 03 September 2021 as indicated on page one (1) of this solicitation. Failure of vendor’s quote to be received prior to the hour and date specified may result in rejection of the quote.

b) Quotes shall be submitted electronically via GSA eBuy.

c) RFQ Number M67001-21-Q-1281 must be clearly shown in the subject line.

2) Instruction for the Preparation of Quotes: The vendor shall submit the following as part of their quote:

a) Information that demonstrates the vendor’s ability to provide the service in accordance with the requirements of the performance work statement within the Required Delivery Date (RDD).

b) Quoted firm-fixed price for each line item shown – for completion of all supplies in accordance with the requirements of the Purchase Description.

c) Vendor must include unit price and total amount for each line item. Vendor shall quote FOB Destination pricing.

d) Completed SF1449 to include:

i) Signed/completed page 1 (Blocks 17 and 30)

ii) Completed Representations and Certifications: The following representations and certifications must be completed and returned as part of the vendor’s quote

FAR 52.212-3 (Note that vendor is only required to complete paragraph (b) if they have not completed annual representations and certifications via the System for Award Management (SAM) website.)

e) Past Performance Information, to include the following:

i) Vendors may submit at least three (3) relevant past performance references. Relevant past performance is defined as performance of contracts similar in technical complexity to this requirement. Include the following information for each contract listed:

(a) Agency or company name.

(b) Contract number (if applicable).

(c) Point of Contact name, phone number and fax number.

(d) Brief description of contract and relevance to this requirement.

(e) Total contract value.

(f) Period of performance.

ii) If a vendor has no relevant past performance history, a vendor must affirmatively state that it possesses no relevant past performance history.

PURCHASE DESCRIPTION

1.0 SCOPE.

1.1 Scope. The content of this specification describes the minimum requirements for one (1) manual geared head gap bed engine lathe with 15-inch swing and 50-inch centers. This specification also includes minimum requirements for delivery, existing equipment removal, accessories, tooling, and installation.

Delivery and installation will be at Fleet Readiness Center East (FRCE) Detachment aboard Marine Corps

Air Station (MCAS) Beaufort, South Carolina. The removal and installation will not include any modification or alteration to the existing structure, electrical wiring, or the pneumatic lines. The vendor will move the existing equipment outside of the facility and the Government will properly dispose of the equipment.

2.0 REQUIREMENTS.

2.1 Design. The requirement is for a manual geared head gap bed engine lathe with accessories. The machine must include all components, parts, and features necessary to meet the performance requirements specified herein. All parts subject to wear, breakage or distortion shall be accessible for adjustment, replacement, and repair.

2.1.1 Measuring and Indicating Device Graduations. All measuring and indicating devices on the machine must be graduated in U.S. Customary Units.

2.1.2 Controls. All electrical, mechanical, hydraulic, and pneumatic operating controls must be located convenient to the operator's work station(s).

2.1.3 Safety and Health Requirements. All machine parts, components, mechanisms, and assemblies furnished on the machine, whether or not specifically required herein, must comply with all of the requirements of OSHA 29 CFR 1910. Safety signs and labels on all equipment shall comply with NEMA Z535.4.

2.1.3.1 Safety Guarding. Covers, guards, or other safety devices must be provided per

ANSI B11.6. The safety devices must not interfere with the operation of the machine.

The safety devices must prevent unintentional contact with the guarded part, and must be easily removed to facilitate inspection, maintenance, and repair of the parts.

2.1.4 Audible Noise Level. Audible noise emitted by the equipment must not exceed 84 decibels

(dB), measured on the “A” weighted scale of a standard Type II sound level meter, at the operator's work position or any point at a distance of three (3) feet from the equipment. Noise generated by the work piece must be excluded in determining compliance of the equipment with the 84 dB requirements.

2.1.5 Mercury Restriction. The machine must not contain mercury or mercury compounds nor be exposed to free mercury during manufacture with the exception of fluorescent lighting where required.

2.1.6 Asbestos Restriction. Asbestos and materials containing asbestos must not be used on or in the machine.

2.1.7 Lead. Lead and materials containing lead must not be used on or in the machine with the exception of lead solder in circuits.

2.1.8 Use of Polychlorinated Biphenyl (PCB). The use of polychlorinated biphenyl (PCB) on or in the equipment is prohibited. The machine must be considered PCB free providing certification to be verified containing less than 5 parts per million (<5ppm) in accordance with 40 CFR part

761.

2.1.9 Environmental Protection. Under the operating, service, transportation, and storage conditions described herein, the machine must not emit materials hazardous to the ecological system as prohibited by federal, state, or local statutes in effect at the point of installation.

2.1.10 Lubrication. Means must be provided to ensure adequate lubrication (oil, grease, coolant, etc.) for all moving parts. Recirculating lubrication systems must include a filter that is cleanable or replaceable. Each lubricant reservoir must have at least a 24-hour capacity. Means must be provided to indicate a low lubrication condition. When a low lubrication condition occurs, the machine must complete the current operation and come to a complete stop. The machine must indicate that lubrication is required. All oil holes, grease fittings, and filler caps must be easily accessible.

2.2 Quality and Assembly. The machine must be constructed of parts that are new, without defects, and free of repairs. The structure must withstand all forces encountered during operation of the machine to its maximum rating and capacity without distortion.

2.2.1 Castings and Forgings. All castings and forgings must be free of defects, scale, and mismatching. No processes such as welding, peening, plugging, filling with solder or paste shall be used for reclaiming any defective part.

2.2.2 Fastening Devices. All screws, pins, bolts, and other fasteners must be installed to prevent unintentional loosening. Fastening devices subject to removal or adjustment must not be permanently installed.

2.2.3 Threads. All threaded parts used on the machine and its related attachments and accessories must conform to FED-STD-H28B and the applicable “Detailed Standard” section referenced therein.

2.2.4 Gears. All gears of axis drive trains must conform to or exceed all provisions of

ANSI/AGMA ISO 1328-1-B14. All gears must be of proper width and size to transmit full-rated torque and horsepower throughout the speed ranges without failure for the expected service life of the machine. Gears in drive trains must be hardened and ground steel.

2.2.5 Surfaces. All surfaces must be clean and free of harmful or extraneous materials. All edges must be either rounded or beveled unless sharpness is required to perform a necessary function.

The condition and finish of all surfaces must be in accordance with the manufacturer's commercial practice.

2.2.6 Painting. The machine must be painted in accordance with the manufacturer’s commercial practice. All paint must be of the lead free type.

2.2.7 Workmanship. Workmanship of the machine must meet all requirements specified herein and must be of a quality equal to that prevailing among manufacturers producing equipment of the type covered by this purchase description.

2.3 Components. The machine must consist of not less than the following components:

2.3.1 Base. The base must be a stress relieved, heavy duty, ribbed casting or steel weldment having characteristics that minimize both thermal and vibration effects, while providing the strength and size to assure maximum rigidity and support for any load within the rated capacity of the machine. Means must be provided for accurate, ease of leveling.

2.3.2 Machine Ways. Machine ways must be hardened. Movement of the slides on the way surfaces must be through adjustable preloaded, re-circulating roller bearing cartridges or nonmetallic way liners having a low coefficient of friction, with excellent slip-stick and damping properties. Protection of the machine ways must be either telescoping or curtain type way covers equipped with way wipers.

2.3.3 Chip Pan. The machine musty be provided with a chip pan. The chip pan must pull out to allow for ease of cleaning.

2.3.4 Digital Readout (DRO). A 2-axis Acu-Rite 200 DRO must be installed on the machine.

3.3.5 Telescopic Taper. A 12-inch telescopic taper must be installed on the machine.

2.3.6 Coolant System. A coolant system must be provided. The coolant system must include a sump or reservoir, a power driven pump, and all necessary piping. The system must have means for draining and cleaning.

2.3.7 Hydraulic System. Where the design of the machine utilizes a hydraulic system, the hydraulic system and all components must conform to ISO 4413. The system must be complete, including all pumps, valves, piping, cylinders, and pressure controls.

2.3.8 Pneumatic System. Where the design of the machine utilizes a pneumatic system, the pneumatic system and all components shall conform to ISO 4414. The system must be complete, including all pumps, valves, piping, cylinders, and pressure controls. The pnematic connection is done with quick connect/disconnect connectors. There will be no modification or altering to the existing pneumatic lines.

2.3.9 Electrical System. The machine must conform to NFPA 79. The machine’s electrical system shall be tolerant of fluctuation of ± 10 percent. The electrical system shall be complete, including any electrical transformer(s) that may be required to modify the existing source voltage to the proper operating voltage of the equipment. The transformer will be installed with lathe’s electrical components/wiring and not installed on the existing structure or used to modify the existing electrical wiring. A properly rated, and fused, single disconnect device shall be utilized on the machine with means of lockout in the off position only. The electrical connection is done with a quick connect/disconnet connectors and is not hardwired into the existing structure or electrical system.

2.3.9.1 Electrical Enclosures. Construction of the electrical enclosures must conform to

NEMA ICS 6 standards. The enclosure shall be a NEMA type 12 and must provide for ventilation of components and shall be designed for an indoor non-hazardous location.

All electrical components must conform to applicable NEMA ICS 1 standards. The machine must be provided with interlocks on its electronic cabinet that must instantly remove power from the equipment when the door is opened in accordance with NFPA

79. The electrical enclosure will be installed on lathe and not installed on the exising structure or used to modify existing wiring.

2.3.9.2 Arc Flash Protection. The machine enclosures must be marked for arc flash in accordance with NFPA 79 Paragraph 16.2.3 “Safety Signs for Electrical Enclosures” for arc flash safety.

2.3.9.3 Solid-State Components. Electrical devices used to power electrical servo and spindle motors of control voltage delivered to solid-state electrical components must be solid-state devices. Such devices must handle the electrical load imposed by operation of the machine to its maximum capability. The use of selenium in solid-state components must be restricted to those devices that protect other solid-state components from voltage surge.

2.3.10 Motors. Motors must be rated for continuous duty. Alternating-current (AC) motors must be designed to operate on 60-Hz and each motor enclosure must meet the requirements for a drip-proof enclosure. All motors must meet the requirements of NEMA MG-1. Each motor must have an identification plate in accordance with paragraph 2.7 to identify manufacturer, model number, serial number, voltage, amperage, horsepower, phase, frequency, and frame number. Motor horsepower must be the manufacturer’s standard or standard optional horsepower as indicated on the manufacturer's design and construction drawing(s).

2.3.11 Work Light. A work light, whether built-in or added on, must be provided. The light must comply with NFPA 79 requirements, have a protective shield, and provide maximum light to the work area.

2.4 Size and Capacity. The size and capacity of the machine must not be less than specified in Table I.

TABLE I

Characteristic Size/Capacity

Height of Center 7.5 inch

Swing over Bed 15 inch

Swing in Gap 23 inch

Swing over Cross Slide 9 inch

Bed Width 12.5 inch

Center Distance 50 inch

Headstock

Spindle Bore 2.125 inch

Spindle Nose D1-6 (Camlock)

Spindle Nose Taper 4MT

Number of Spindle Speeds 16

Spindle Speed Range 25-2000 rpm

Spindle Motor 7.5 horsepower

Cross and Top Slide

Travel of Cross Slide 9.75 inch

Width of Cross Slide 7 inch

Travel of Top Slide 5 inch

Width of Top Slide 3.75 inch

Tailstock

Quill Travel 5.5 inch

Quill Diameter 2.75 inch

Quill Taper 5MT

Feeds and Threading

Longitudinal Feed 0.0014 to 0.096 inch per rev.

Cross Feed 0.0007 to 0.048 inch per rev.

Number of Inch Pitches 56

Range of Inch Pitches 2 to 56 threads per inch

Number of Metric Pitches 51

Range of Metric Pitches 0.2 to 14 millimeter

Number of Diametral Pitches 20

Range of Diametral Pitches 8 to 56 DP

Number of Module Pitches 20

Range of Module Pitches 0.2 to 3.5 MOD

2.5 Alignment and Accuracy Tolerances. The alignment and accuracy tolerances of the machine must meet or exceed tolerances as specified in Table II.

TABLE II

Headstock Taper 0.0005 inch per 6 inch

Tailstock Taper 0.0005 inch per 12 inch

2.6 Standard Tooling and Equipment. All standard tooling and equipment required for proper operation of the machine (such as special tools needed for maintenance) shall be furnished. A list of these items must be furnished at time of proposal.

2.7 Tooling and Required Accessories. The following tooling and accessories must be provided with the machine:

a. One (1) Live Center, standard point

b. One (1) Steady Rest, 3/8 inch to 6-3/8 inch

c. One (1) Follower Rest, 3/8 inch to 3-1/4 inch

d. One (1) Front Mount Hand Wheel, 5C collet chuck

e. One (1) Set 5C Round Collets, 1/8 inch to 1-1/16 inch in 1/32 inch increments

f. One (1) Collet Rack, 18 piece 5C collets

g. One (1) Aloris Quick Change Tool Post with four holders

h. One (1) Carriage Stop

i. One (1) Setrite Universal Scroll Chuck, 3-Jaw 8-inch

j. One (1) Independent Chuck, 4-Jaw 12-inch

k. One (1) Standard Vidmar model SCU1915AL Cabinet

2.8 Marking on Instruments, Control Panels, and Plates. All words on plates must be in the English language. Characters shall be engraved, etched, embossed, or stamped in boldface on a contrasting background. All plates shall be corrosion resistant.

2.8.1 Lubrication Plate. A lubrication plate must be permanently and securely attached to each machine. The plate must contain the following information:

Points of Lubricant Application

Servicing Interval

Type of Lubricant

Viscosity

Military or Federal Specification for Each Lubricant (If available)

Size and Type of Each Lubricant Filter

2.8.2 Nameplate. A nameplate must be permanently and securely attached to each machine. The nameplate must contain the information listed below. If the machine is a special model, the model designation must include the model number of the basic standard machine and a suffix identified in the manufacturer's permanent records.

Nomenclature

Manufacturer’s Name

Manufacturer’s Model Designation

Manufacturer’s Serial Number

Power Input (Volts, Total Amps, Phase, Frequency)

Contract Number

Date of Manufacture

2.8.3 Identification Marking of Military Property. An Item Unique Identification Marking

(IUID) must be provided in accordance with MIL-STD-130N and all applicable documents within the standard with Machine Readable Information (MRI) for item identification marking and automatic data capture. The application of Human Readable Information (HRI) must be used in combination with MRI and free text. At a minimum this tag must contain the information listed in paragraph 2.8.2 Nameplate.

2.9 Technical Data. Two (2) hard copies and two (2) electronic copies of technical must be provided with the machine. Each electronic copy must be provided on a read-only optical disc. All copies of technical data must be legible and written in the English language. Technical Data must include the following

a. Technical data must contain technical information, specifications, instructions for the operation, maintenance of the machine, consumables and expendables information (such as oils, fluids, grease, filters…), and recommended spare parts list.

b. Factory service and operator manuals for the type and model of the machine being purchased.

c. Diagnostic procedures for isolating and correcting faults. Procedures must be included in the service manuals for recalibrating and performing operational checks to ensure proper operation of any replaced parts, as required.

d. Preventative and predictive maintenance tasks, including oil and vibration analysis, and show recommended intervals of tasks.

e. Software manuals and registration keys/codes must be provided, along with original software installation disks.

f. The Contractor must provide the Government a copy of all test results completed in section 3.5 of this specification.

2.10 Installation. Contractor must be responsible for all equipment (forklifts, man lifts, etc.) and qualified personnel required for unloading, rigging, installation, anchoring, connecting machine to utilities, and leveling the machine in place. The Contractor must provide the necessary anchor bolts, leveling screws and related hardware to secure machine components to a foundation. Contractor must provide and charge all systems with fluids in accordance with manufacturer's instructions. There will be no modifications or alterations to the existing structure, wiring, or pneumatic lines.

FIRST FLOOR of Building 594 with Door Openings of 67”W x 80” H:

2.10.1 Field Supervisor. The Contractor must provide a full-time field supervisor to direct installation and testing of the supplies from start of installation to final acceptance. The field supervisor must be capable of reading, writing, and conversing fluently in the English language.

The field supervisor must have full authority to implement field decisions expeditiously. No work will be accomplished when the field supervisor is not in the immediate work area. The field supervisor must be identified to the receiving activity prior to start of installation. The field supervisor must be responsible for coordinating with the receiving activity for any security clearances for all contractor personnel expected to perform on-site work. The receiving activity

Government Point of Contact must be notified of any change in personnel performing this duty.

2.10.2 Installation Plan. The Contractor must be responsible for providing an installation plan.

The installation plan must contain detailed information regarding all installation work and commisioning of the system in the space provided. The initial installation plan shall be delivered to the Government within thirty (30) calendar days After Contract Award (ACA) for review and approval. The installation plan will not include any modifications or alterations to the existing structure, electrical wiring, or pneumatic lines.

2.10.3 Electrical Connections. Electrical connections made to the facility electrical system must conform to NFPA 70 and be in accordance with Attachment C, Paragraph 2.1.8.

2.10.4 Existing Equipment and Utilities Removal. The contractor is responsible for removing existing equipment, which includes electrical and pneumatic quick using the quick connect/disconnect connectors. The existing equipment is a Clausing-Colchester Triumph Model

8033 Engine Lathe (asset: 65923071280) located in Building 594. The removal of electrical connection must include, but not be limited to, associated components, piping, conduit, and wiring that does not alter the exisint structure or electrical wiring. Removal of the electrical from the quick connect/disconnect connectors may be up to 20 feet from machine. The removed equipment will be staged by contractor. The Government will dispose of the removed equipment.

2.11 Training. After satisfactory completion of testing of the system, the vendors standard operator and maintenance training must be provided to familiarize Government personnel with the equipment and to help ensure reliable performance and maximum service life, during normal usage. A two (2) day training course eight (8) people must include preparation of equipment for safe operation and proper isolation of equipmentprocedures. The operator must be provided instruction for the care, use and operation of all attachments and accessories. Maintenance training must include preventative maintenance procedures.

3.0 QUALITY ASSURANCE.

3.1 Responsibility for Inspection. The contractor will be responsible for the performance of all inspection requirements specified herein. The Government reserves the right to witness any inspections set forth in the purchase description where such inspections are deemed necessary to assure supplies and services conform to prescribed requirements.

3.1.1 Responsibility for Compliance. All items must meet all requirements of sections 2 and 3.

3.2 Inspection Conditions. All inspections, tests, and examinations must be performed at the facility.

3.3 Final Inspection/Acceptance Test. Final Inspection and acceptance must shall be performed on the machine to ensure conformance with this purchase description. The acceptance test must be performed only after the machine is installed at its final location. The acceptance test must consist of the examination in 3.4 and all tests in 3.5. The machine must pass the examination and all tests to be accepted.

3.4 Examination. The equipment must be examined for design, dimensions, construction, materials, components, electrical equipment and workmanship to determine compliance with the requirements of this specification.

3.5 Tests. Unless otherwise specified within this document, all programs, instruments, materials, material handling equipment, qualified personnel, and tools required to perform and evaluate the tests must be furnished by the contractor.

3.5.1 Alignment Tests. The equipment must be tested for proper alignment in accordance with manufacturer’s standard alignment tests. Compliance with Paragraph 2.5, Table II, will be verified by a Government representative.

3.5.2 Operational Test. Proper operation of all controls, motors, adjusting mechanisms must be checked. During operational testing the control functions and machine response to commands for slide motions, spindle speed changes, feed rate changes and auxiliary functions must be checked.

Three (3) failures in a row to complete the run test may be cause for rejection of the entire system.

After successful completion of the operational test, over-travel limits (programmed stops and hard stops), emergency stop devices, and accessories must be verified during the trial period. The safety limit stops shall be checked by attempting to exceed the limits of travel of each moving axis.

3.5.3 Audible Noise Level Test. The equipment must be tested for compliance with paragraph

2.1.4. “Audible Noise Level”.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2021)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2020) (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 items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)

XX (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).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (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)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (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 (JUN 2020) (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) lternate IV (JUN 2020) 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 (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15

U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (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 (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(a)(17)).

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

XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

XX (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.

XX (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).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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 (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

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.

XX (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 (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 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).

XX (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 Items (FEB 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (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 (FEB 2006) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) 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 items: (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 Under Executive Order 13658 (NOV 2020) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 items. 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 (JUN 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2020) (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 (OCT 2020) (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 (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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 (Feb 2006) (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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

(End of Summary of Changes) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3