Amendment 0001 RFQ.pdf

502 CONS/JBKAE FA301621U0129

JBSA Lackland, TX 78236 SWTS Strength and Conditioning

AMENDMENT 0001

SWTS Strength and Conditioning Equipment

Brand Name or Equivalent (The quote shall be effective 30 days after submission)

Request for Quote: FA301621U0129

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a separate Request for Proposal (RFP) will not be issued. The solicitation number is FA301621U0129 and is issued as a Request for Quotation (RFQ). This combined synopsis/solicitation incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2021-052021-06 and DFARS change notice 5/20/20217/9/2021. This purchase is restricted to Small Business concerns. The NAICS code is 339920 and the size standard is 750 employees. This is a requirement for strength and conditioning equipment as stated below.

Please respond to this RFQ by emailing your response to: SSgt Maria Yalung at maria_christina.yalung.1@us.af.mil and A1C Socrates Rosimo at socrates.rosimo.ph@us.af.mil no later than 10:00 AM CST, 28 June 2021 - Monday10:00 AM CST 12 August 2021, Thursday (or sooner if possible) in order to be considered timely. Any and all questions will be due by 10:00 AM CST 22 June 2021 - Tuesday1:00 PM CST 9 August 2021, Monday. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified in this solicitation shall be determined as late and will not be considered unless received before award is made, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received.

**Only the three lowest quotes deemed technically acceptable will be considered for evaluation for award**

(Please provide a quote for the line items listed below. Failure to quote on all CLINs will render the quote unacceptable and ineligible for award consideration in the absence of discussions.)

ITEM DESCRIPTION QTY Unit Unit Price Extended Amount

PB Extreme Adjustable Single Leg Squat Stand IAW Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

24 EA $_____________ $_____________

Leverbell 7 lb

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

4 EA $_____________ $_____________

Leverbell 10 lb

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

MD D Ball 60lb

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

8 EA $_____________ $_____________

MD D Ball 80lb

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

6 EA $_____________ $_____________

MD D Ball 100lb

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

Texas Power Ball

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

16 EA $_____________ $_____________

124lb Kettlebell

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in

HexCel Bar: Gopher Sport

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

16 EA $_____________ $_____________

Accell Storage

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

5 EA $_____________ $_____________

Chalk Bowl

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

6 EA $_____________ $_____________

Gym Chalk

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

DC Block

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

50 EA $_____________ $_____________

Ultra Pro Hyper/GHD Combo-Plate Loaded

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in

12 EA $_____________ $_____________

Ultra Pro Cable Stack Lat/Low Row Combo (Stand-alone) IAW Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

11 EA $_____________ $_____________

Ultra Pro Adjustable Ladder Bench

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

12 EA $_____________ $_____________

EMAXX EARTHQUAKE - Bandbell Earthquake Bar IAW Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

2 EA $_____________ $_____________

Iron Grip, Urethane Plate 2.5 lb.

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

124 EA $_____________ $_____________

Iron Grip, Urethane Plate 5 lb

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

64 EA $_____________ $_____________

Iron Grip, Urethane Plate 10lb

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in

52 EA $_____________ $_____________

Gopher Urethane Bumper Plate: 25 lb

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

Gopher Urethane Bumper Plate 45 lb:

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

36 EA $_____________ $_____________

Ultra Pro storage 3-tier pro style dumbbell Rack, 5-100LB

IAW Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

Ultra Pro storage 3-tier style dumbbell Rack

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

1 EA $_____________ $_____________

Dumbbell-set Urethane Round - 5-50lb

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

Dumbbell-set Urethane Round - 55-100lb

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in

Dumbbell Urethane round w/chrome handle- 105lb (pair) IAW Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

Dumbbell Urethane round w/chrome handle- 110lb (pair) IAW Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

Slam Ball 14” Diameter 15LB

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

70 EA $_____________ $_____________

KettleBells 26LB/12KG

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

144 EA $_____________ $_____________

KettleBells 70LB/32KG

August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

*Brand Name or Equal* Equivalent SHALL meet the minimum requirements stated in Attachments 2 and 3.

100 EA $_____________ $_____________

Shipping and Installation IAW Attachment 1 – Statement of Work dated 6 May 2021. 1 LO $_____________ $_____________

Please provide the information below:

FOB

Destination

Payment Terms Delivery Date

Company Name:

DUNS #

Required Cage Code Number:

POC:

Telephone #

E-Mail Address:

Tax ID#:

GSA Contract Number:

Warranty Information:

Do you have the capacity to invoice electronically through WAWF? (Yes/No)

Special Notes and Instructions:

1. This is a notice that this order is a total set-aside for small business concerns. Only quotes submitted by small business concerns holding NAICS Code 339920 will be accepted by the Government. Any quote that is submitted by a contractor that is not a small business concern will not be considered for award.

2. Basis for Award. 502CONS/JBKAE will issue a purchase order to the vendor who is determined to offer the best value to the Government.

3. Best Value Determination. The technically acceptable, lowest priced quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that is contained in the solicited item description. If the lowest priced submission does not meet the technical criteria described in the solicited item description, the government reserves the right to evaluate the next lowest priced submissions until it has determined a technically acceptable submission. The evaluation will stop at the point when the government determines an offeror to be technically acceptable with the lowest evaluated price, because that offer will represent the best value. Contingent upon a determination of contractor responsibility, award will be made to that offeror without further evaluation of other offers. Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.

4. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor

TOTAL COST $_______________

Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://sam.gov/content/home and provide mandatory information.

5. Brand Name or Equal. When using an “Equal product” to substitute the requested brand name product, the contractor must include the following: (1) MFG name, (2) Part Number, (3) illustrations, and (4) literature or description to support equal product substitution in your RFQ submission. Details of the requesting product to fulfill requirement must be met IAW Attachment 2 – Salient Characteristics dated 6 May 2021.IAW Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.

6. Notice to Offeror. Awaiting funds. Funds are not presently available for this requirement. No award will be made until funds are available to make payments under a contract. The Government reserves the right to cancel this purchase request, either before or after suspense date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. The contractor shall not request, nor will the Government make, payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.

7. Delivery/Assembly: Delivery shall be FOB Destination and included in CLIN prices noted above, unless otherwise and clearly noted by offeror in submitted offer.

8. Site Visit: A site visit will be held on 10:00AM CST, 18 June 2021 - Friday upon request. A site visit is not mandatory for this solicitation. Due to the circumstances of the COVID-19 pandemic, CDC guidelines for social distancing will be still be enforced and mask are required optional to those who cannot maintain social distancing while on federal installations. Each contractor can bring up to 2 people only for the site visit. The site visit will be conducted in time intervals per contractor to prevent large groups from forming during the site visit. If the contractor requests a site visit, please provide driver's license information and country of birth (if non-US Citizen) of whom will be present. (Name, DOB, DL#, DL State Issue, Country of Birth). Send requests to: SSgt Maria Yalung at maria_christina.yalung.1@us.af.mil and A1C Socrates Rosimo at socrates.rosimo.ph@us.af.mil. No site visit request will be accepted after 12:00 Noon CST, 16 June 2021 – Wednesday10:00 AM CST, 6 August 2021 - Friday. A time will be provided to each contractor to allow for social distancing.Date and time of the site visit will be provided once request(s) has been received.

9. Site Maintenance: Work areas shall be maintained in a neat, clean, safe condition and all trash, debris, and garbage, which the contractor generates shall be removed from the premises upon completion and delivery, or daily if the completion/delivery will be completed in more than one day.

10. Disposal of Unused product at the end of project: None

11. Completion of Work: The Contractor shall ensure that work for this project is performed in accordance with the criteria herein, and that all items/products in the description shall be fully operational at the completion of work for this project. All surfaces shall be cleaned, and floors shall be swept and/or mopped.

11. Salient characteristics: Equivalent offers must meet the salient characteristics IAW Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021IAW Attachment 2 – Salient Characteristics dated 6 May 2021 to be considered equivalent. Failure to meet the minimum characteristics IAW Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021IAW Attachment 2 – Salient Characteristics dated 6 May 2021 renders the quote as unacceptable. The offers shall provide salient characteristics and pictures of each item being offered.

12. The following FAR/DFARS provisions and clauses are applicable to this solicitation:

(For full text references, go to www.acquisition.gov.)

52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Dec 2019) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.211-6 Brand Name or Equal (Aug 1999) 52.211-17 Delivery of Excess Quantities (Sep 1989) 52.212-1 Instructions to Offerors-Commercial Items (Jan 2017) 52.212-2 Evaluation-Commercial Items (Oct 2014) 52.212-3 Offeror Representations and Certifications -- Commercial Items (Nov2017) 52.212-4 Contract Terms and Conditions—Commercial Items (Jan 2017) 52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 (May 2014) 52.223-6 Drug-Free Workplace (May 2001) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-1 Disputes (May 2014) 52.233-2 Payments under Fixed-Price Research and Development Contracts (Apr 1984) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998) 52.253-1 Computer Generated Forms (Jan 1991) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirements to Inform Employees of Whistleblower 252.204-7004 Alternate A, System for Award Management (Feb 2014) 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (Nov 2013) 252.211-7003 Item Unique Identification and Valuation (Dec 2013) 252.225-7001 Buy American and Balance of Payments Program—Basic (Nov 2014) 252.225-7974 Representation Regarding Business Operations with the

Maduro Regime. (Deviation 2020-O0005) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) 252.204-7007 Alternate A, Annual Representations and Certifications (Jan 2015) 252.232-7006 Wide Area Work Flow Payment Instructions (May 2013) 252.232-7010 Levies on Contract Payments 252.243-7001 Pricing of Contract Modifications (Dec 1991) 5352.223-9001 Health and Safety on Government Installations (Nov 2012)

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFEROR – COMMERCIAL ITEMS (JUNE 2020)

The following paragraphs have been deleted:

52.212-1(h), Multiple Awards 52.212-1(i), Availability of Requirements Documents Cited in the Quote

(a) Paragraph 52.212-1(c), Period for Acceptance of Quotes, is tailored as follows: “The offeror agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes.”

(b) The following is inserted as new paragraph (m) of the provision:

(m) Quote Preparation Instructions.

A. To assure timely and equitable evaluation of quote, offeror must follow the instructions contained herein. Offerors are required to meet all quote requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Offeror must clearly identify any exception to the quote terms and conditions and provide complete accompanying rationale.

B. Specific Instructions:

1. PRICING DATA - Submit 1 electronic copy

(a) Insert proposed unit price(s) and extended amount(s) in the Schedule of Supplies/Services for each line item.

2. SUBMISSION OF QUOTE

(a) Quotes shall be submitted to the Contract Specialist directly by emailing all required documentation to maria_christina.yalung.1@us.af.mil. Secondary Point of Contact for submission: socrates.rosimo.ph@us.af.mil.

3. SUBMISSION OF SPECIFICATIONS

(a) With each quote specifications must be submitted. Specifications include drawings, dimensions, and colored pictures.

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERICIAL ITEMS ADDENDUM (OCTOBER 2014)

The following have been deleted:

(b) Options has been deleted in its entirety (b)(iii) Past Performance has been deleted in its entirety The following have been added or changed

FAR 52.212-2 EVALUATION - COMMERICIAL ITEMS ADDENDUM

Addendum to 52.212-2(a): Paragraph (a) is tailored as follows:

(a) Basis for Award. The Government intends to award one Firm Fixed Price contract for this acquisition. Award will be made to technically acceptable Offerors who are deemed responsible in accordance with FAR 9.104 and whose quote conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, and all other information required by this quote. Unless specifically identified in your quote, by submission of its quote, the Offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in a quote being determined ineligible for award.

This contract will be awarded as Firm Fixed Price (FFP).

It is the Government’s intent to evaluate quotes and award without interchanges with Offerors. Therefore, the Offeror's initial quotes should contain the Offeror's best terms from a price, and technical standpoint. However, the Government reserves the right to conduct interchanges if the Contracting Officer (CO) later determines them to be necessary.

1.0 Evaluation Process. The evaluation factor and process to be used is listed below.

1.1 Evaluation Factors. In evaluating quotes, the Government will select the quote that is most advantageous to the Government. To arrive at a decision, only the three lowest quotes will be assessed in accordance with the following evaluation factors for the award:

Technical Acceptability Price

1.1.1 Technical Evaluation. Only the three lowest quotes will be evaluated for Technical Acceptability.

(A) Acceptability Ratings. The evaluation factors listed below will be used to evaluate each quote and will receive one of the following ratings:

(i) Acceptable – The quote clearly meets the minimum requirements of the quote as listed in Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021.Attachment 2 – Salient Characteristics dated 6 May 2021.

(ii) Unacceptable – The quote does not clearly meet the minimum requirements of this quote and its attachments.

1.1.2 Price Evaluation. Evaluations will be completed by multiplying the Offeror’s unit price by the estimated quantity.

An offeror’s proposed TEP will be determined by multiplying the estimated quantities identified in the Schedule of Supplies by the quoted unit price for each Line Item Number (CLIN). The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

1.1.2.2 Evaluation of Factors. Offerors are advised that their initial submission should be their best effort. Only technically acceptable quotes, either initially or as a result of interchanges, are eligible for award. If award is made without interchanges, quote revisions will not be permitted. The Government will evaluate the quotes selected above for technical acceptability on an Acceptable/Unacceptable basis. For the technical quote to be rated as “Acceptable”, the technical factor must be rated acceptable. If the technical factor is rated “Unacceptable” the overall quote will be rated as “Unacceptable”.

(A) Interchanges. Under appropriate circumstances, interchanges can be an effective method to improve the Government’s evaluation of Offerors' quoted approaches and may reduce acquisition cycle time. Interchanges may be written, email, phone call, etc., or any method which would accurately capture the contemporaneous sharing of information between the Government and the Offerors. Interchanges may also be oral conversations between the Government and the Offerors.

(B) Factor # 1 – Submit product descriptions for each item being quoted. The offeror shall submit products that match Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021Attachment 2 – Salient Characteristics dated 6 May 2021, and technical requirements outlined.

The standard has been met when: The offeror provides products that fully conform to the product description requirements specified in Attachment 2 – Addendum 0001 to Salient Characteristics dated 3 August 2021 and Attachment 3 – Specification Picture dated 4 August 2021Attachment 2 – Salient Characteristics dated 6 May 2021.

252.222-7999 COMBATING RACE AND SEX STEREOTYPING (DEVIATION 2021-O0001)

Use this clause in solicitations and contracts, when a contract is contemplated that will include the clause at Federal Acquisition Regulation (FAR) 52.222-26, Equal Opportunity or its Alternate I.

COMBATING RACE AND SEX STEREOTYPING (DEVIATION 2021-O0001) (JAN 2021)

Notice: On December 22, 2020, the United States District Court for the Northern District of California issued a preliminary injunction, enjoining Sections 4 and 5 of Executive Order 13950 “Combating Race and Sex Stereotyping.”

So long as the December 22, 2020 preliminary injunction remains in force, the Government shall not enforce any provisions contained in Government contracts or subcontracts added pursuant to Section 4(a) of Executive Order 13950; the Government shall not cancel, terminate, suspend in whole or in part, any contractor or subcontractors’ Government contracts, nor declare any contractor or subcontractor ineligible for further Government contracts, nor impose any other sanctions, on the basis of purported noncompliance with the Executive Order or any agency action implementing Section 4 or 5 of the Executive Order; and the Government will not require contractors or subcontractors to provide notice of any commitments under the Executive Order or any contract term inserted pursuant to the Executive Order to their respective labor unions or employee representatives. To the extent that you have included the Executive Order’s provisions in subcontracts, please provide them with a copy of this notice.

(a) Definitions. As used in this clause— “Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 (see FAR 22.807) also apply to E.O. 13950 and the requirements of this clause.

(c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph

(b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE

E.O. 13950, Combating Race and Sex Stereotyping Employers Holding Federal Contracts or Subcontracts

Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

For use in this notice—

“Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP) Complaint Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or via email at OFCCPComplaintHotline@dol.gov.

(End of notice)

(e) Noncompliance. In the event it is determined that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E.O. 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in E.O. 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that exceed $10,000 and are not exempted by the rules, regulations, or orders of the Secretary of Labor issued under E.O. 11246, as amended, so that these terms and conditions will be binding upon each subcontractor.

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(End of clause)

52.204-1 Approval of Contract.

As prescribed in 4.103, insert the following clause:

APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer, 502 CONS/JBKAE and shall not be binding until so approved.

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

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2021)

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 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:

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

[ ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) ( 31 U.S.C. 6101 note).

[ ] (5) [Reserved].

[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

[X] (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).

[X] (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] [X] (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.

[X] (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) Alternate 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).

[X] (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 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 (Mar2020) (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) (15U.S.C. 637(a)(17)).

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

[X] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

[X] (30)

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

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

[X] (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.

[X] (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.

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

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

13496).

[X] (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). (Executive Order 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 (Jun2014) of 52.223-14.

[X] (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.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

[ ] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

[ ] (47)

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

[ ] (ii) Alternate I (Jan 2017) of 52.224-3.

[X] (48) 52.225-1, Buy American-Supplies (Jan2021) (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.chapter83, 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).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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. 2302Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

[ ] (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)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C.

3332).

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

[ ] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) 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:

[ ] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

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

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

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

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

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

[ ] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

[ ] (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 2015) (E.O.11246).

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

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

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

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (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).

(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).

(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. Appx.

1241(b) 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)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at:

acquistion.gov (End of Provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates…