FA500425Q0008 - Scaffolding Combo 3.pdf
PDF 302 KB Posted
- Attached to
- WWTP FLARE EXHAUST SCAFFOLDING Federal contract opportunity
- Solicitation number
- FA500425Q0008
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| FA500425Q0008 - Scaffolding Combo 3 (1).pdf | ||
| Install and Inspect Scaffolding at WWTP PWS v3.pdf | ||
| Install and Inspect Scaffodling at WWTP PWS (V.2) (1).pdf | ||
| Q and A.pdf |
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Combined Synopsis/Solicitation
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
The Request for Quotation (RFQ) number FA500425Q0008 shall be used to reference any written quote provided under this RFQ.
The RFQ document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-22; Effective 18 February 2025.
This is a set-aside for 100% Small Business.
The North American Industry Classification System (NAICS) code for this project is 238990 with a size standard of $19,000,000.00.
The purpose of this combined synopsis and solicitations is to define that the contractor shall provide all labor, materials, equipment, and supervision necessary to erect scaffolding around the digester flare pipe, extending to the roof of the penthouse facility. The scaffolding shall be designed, installed, and maintained in accordance with OSHA regulations and industry best practices. The scaffolding will remain in place for approximately 7 months, from January 2025 to July 2025. The contractor shall also provide periodic safety inspections of the scaffolding throughout this period. At the end of the period, the contractor shall tear down the scaffolding and remove all contractor provided material and equipment. The bid schedule and contract CLIN schedule are below
Item Description Qty Unit 0001 Provide labor and equipment to take 1 EA place on the Eielson AFB WWTP Flare Exhaust Scaffolding 0002 Monthly Safety Inspections 7 EA 0003 Remove all materials used to install 1 Job scaffolding
Ship to address: F1U3C1 354 CES CEOS
AF BPN NO MILSBILLS PROCESS
2310 CENTRAL AVE STE 1
EIELSON AFB, AK 99702-2299
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126
*FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (Jan 2017) applies to this acquisition and the following addendum applies:
The following words stating “offer”, “offeror”, and “proposal” are replaced with “quotation”, “vendor”, and “quote”.
Paragraph (a) first sentence revised as follows: “The NAICS code and small business size standard for this acquisition appear above.”
Paragraph (c) first sentence revised as follows: “The vendor agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote.”
Questions due date: 02/26/2025 Questions due time: 1630 A.M. AKST RFQ due date: 03/03/2025 RFQ due time: 0730 A.M. AKST Email to SrA Liam Slater at liam.slater@us.af.mil and SSgt Robert Leto at robert.leto@us.af.mil
THIS MUST BE SENT TO liam.slater@us.af.mil OR robert.leto@us.af.mil AS STATED
BELOW, OR THE ADDRESS IF MAILING. ANYTHING OTHERWISE CAN AND
WILL BE CONSIDERED NONRESPONSIVE. YOU MAY WISH TO PLACE A
READ/DELIVERY RECEIPT.
Note: .zip files are not an acceptable format for the Air Force Network and will not go through our email system.
All questions regarding this RFQ must be email to SrA Liam Slater at liam.slater@us.af.mil and SSgt Robert Leto at robert.leto@us.af.mil by 03/03/2025 at 0730 A.M. AKST
Please provide the following information with your quote:
Company Name: ____________ DUNS Number: ____________ Cage Code: _______________ *Number of Employees_____________ *Total Yearly Revenue_______________ *Information required determining size of business for the NAICS referenced above
Estimated Delivery Time: ____________ Payment Terms: _________________________ Warranty: ________________ FOB (Select): ____ Destination _____ Origin Shipping Cost included? ____ Yes _____ No http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1070_147634
All companies must be registered in the System for Award Management at https://www.sam.gov/portal/public/SAM/ to be considered for award. The Government will not provide contract financing for this acquisition. Invoice instruction shall be provided at time of award.
FAR Provision *52.212-2, Evaluation -- Commercial Items, applies to this acquisition and the following evaluation is applicable:
(a) The Government will award a contract resulting from this RFQ to the responsible vendor whose quote conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:
(1) Technical capability
(2) Lowest Price
(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
Discussions: The government intends to award a purchase order without discussions with respective vendors/quoters. The government however, reserves the right to conduct discussions if deemed in its best interest.
Include descriptive literature such as illustrations and drawings.
FAR Provision *52.212-3, Offeror Representations and Certifications -- Commercial Items (Nov 17), with its Alternate I, applies to this acquisition. All vendors must be registered in System for Award Management at https://www.sam.gov/portal/public/SAM/ at the time of Quote submittal.
FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows:
Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the Government.
https://www.sam.gov/portal/public/SAM/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1130_159445 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1145_161469 https://www.sam.gov/portal/public/SAM/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1405_194946
Note: The vendor acknowledges that should the quote terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting vendor terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.
FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, additionally, the following FAR clauses cited in 52.212- 5 are applicable:
The full text of these clauses and (*) provisions may be assessed electronically at the website:
http://farsite.hill.af.mil. NOTE: ALL PROVISIONS WILL BE REMOVED AT TIME OF
AWARD BUT SHALL REMAIN PART OF THE CONTRACT FILE.
Approved by the Contracting Officer ___________________________________________ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1595_233379 http://farsite.hill.af.mil/
DOCUMENT NUMBER
FA500425Q0008
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
SECTION
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09 SEC I
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09 SEC K
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10 SEC K
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
2021-05 SEC K
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01 SEC I
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC L 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC I 252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05 SEC K
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01 SEC I
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12 SEC G
252.232-7010 Levies on Contract Payments. 2006-12 SEC I
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.
2023-01 SEC I
252.244-7000 Subcontracts for Commercial Products or Commercial Services.
2023-11 SEC I
52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
2021-11 SEC K
52.204-29 Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures.
2023-12 SEC K
52.204-7 System for Award Management. 2024-11 SEC L
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services.
2023-09 SEC L
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services.
2023-11 SEC I
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.
2016-12 SEC K
52.223-5 Pollution Prevention and Right-to-Know Information. 2024-05 SEC I
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab Covered Entities.
2023-12 SEC I
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
2021-11 SEC I
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.
2015-11 SEC I
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05 SEC I
52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I
52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I
252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7004 Antiterrorism Awareness Training for Contractors. 2023-01 SEC I
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.
2023-01 SEC I
252.225-7048 Export-Controlled Items. 2013-06 SEC I
252.204-7012 DEV 2024-O0013 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013 REVISION 1)
2024-05 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
CLAUSE TEXT
252.222-7000 Restrictions on Employment of Personnel 2000-03
As prescribed in 222.7004, use the following clause:
RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)
(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in , individuals who are residents thereof and who, in the case of any craft or trade, possess or Alaska would be able to acquire promptly the necessary skills to perform the contract.
(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.
(End of clause)
252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process Electronic invoicing.
vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web- WAWF training.
Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, WAWF methods of document submission.
Electronic Data Interchange, or File Transfer Protocol.
(f) The Contractor shall use the following information when WAWF payment instructions.
submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following Document type.
document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Invoice 2in1
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice 2in1
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table Document routing.
below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F87700
Issue By DoDAAC FA5004
Admin DoDAAC FA5004
Inspect By DoDAAC FA5004
Ship To Code FA5004
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) FA5004
Service Acceptor (DoDAAC) FA5004
Accept at Other DoDAAC FA5004
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation Payment request.
appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements Receiving report.
of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
52.212-3 ALT I
Offeror Representations and Certifications-Commercial
Products and Commercial Services. (Alternate I) 2024-02
Alternate I . As prescribed in (b)(2), add the following paragraph (c)(12) to the (FEB 2024) 12.301 basic provision:
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)
Black American.
Hispanic American.
Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
Individual/concern, other than one of the preceding.
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and
Commercial Services.
2025-01
As prescribed in , insert the following clause: 12.301(b)(4)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, of the Consolidated and Further Continuing (JAN 2017)
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(DEC 2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(NOV 2021)
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(NOV 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.(MAR 2023) S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(AUG 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and (OCT 2004) 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ .]Contracting Officer check as appropriate
52.203-6, Restrictions on Subcontractor Sales to the Government with (1) (JUN 2020), Alternate I (41 U.S.C. 4704 and 10 U.S.C. 4655). (NOV 2021)
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (3) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery (JUN 2010) and Reinvestment Act of 2009.)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause (4) (NOV 2023) does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. (5) (JUN 2020) L. 109-282) ( 31 U.S.C. 6101 note).
[Reserved].(6)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of (7) (OCT 2016) Div. C).
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (8) (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R (9) (JUN 2023) of Pub. L. 117-328).
52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, (10) Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Pub. L. 115-390, (DEC 2023) title II).
(11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. (DEC 2023) L. 115-390, title II).
Alternate I of 52.204-30.(ii) (DEC 2023)
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, (12) Suspended, or Proposed for Debarment. (31 U.S.C. 6101 note).(NOV 2021)
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (13) (OCT 2018) (41 U.S.C. 2313).
[Reserved].(14)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) OCT 2022
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ((16) OCT ) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).2022
[Reserved](17)
(18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(NOV 2020)
Alternate I of 52.219-6.(ii) (MAR 2020)
(19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(NOV 2020)
Alternate I of 52.219-7.(ii) (MAR 2020)
52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).(20) FEB 2024
(21)
(i) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).SEP 2023
Alternate I of 52.219-9.(ii) (NOV 2016)
Alternate II of 52.219-9.(iii) (NOV 2016)
Alternate III of 52.219-9.(iv) (JUN 2020)
Alternate IV ( ) of 52.219-9.(v) SEP 2023
(22)
(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(MAR 2020)
Alternate I of 52.219-13.(ii) (MAR 2020)
52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) OCT 2022
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (SEP 2021)
52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned (25) Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program ( ) (15 U.S.FEB 2024 C. 657f).
(26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)FEB 2024 (2)).
Alternate I of 52.219-28.(ii) (MAR 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged (27) Women-Owned Small Business Concerns ( ) (15 U.S.C. 637(m)).OCT 2022
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business (28) Concerns Eligible Under the Women-Owned Small Business Program ( ) (15 U.S.C. 637(m)).OCT 2022
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (MAR 2020)
52.219-33, Nonmanufacturer Rule (30) (SEP 2021) (15 U.S.C. 637(a)(17)).
52.222-3, Convict Labor (E.O.11755).(31) (JUN 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies .(32) (FEB 2024)
52.222-21, Prohibition of Segregated Facilities .(33) (APR 2015)
(34)
(i) 52.222-26, Equal Opportunity (E.O.11246).(SEP 2016)
Alternate I of 52.222-26.(ii) (FEB 1999)
(35)
(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(JUN 2020)
Alternate I of 52.222-35.(ii) (JUL 2014)
(36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(JUN 2020)
Alternate I of 52.222-36.(ii) (JUL 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) JUN 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (38) (DEC 2010) (E.O. 13496).
(39)
(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(NOV 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)
52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not (40) (MAY 2022) applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of (ii) (MAY 2008) commercially available off-the-shelf items.)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42) (42 U.S.C. 7671, ).(MAY 2024) et seq.
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air (43) Conditioners (42 U.S.C. 7671, ).(MAY 2024) et seq.
52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (MAY 2024) et seq.
52.223-21, Foams (42 U.S.C. 7671, ).(45) (MAY 2024) et seq.
52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. (46) (MAY 2024) 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
(47)
(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(JAN 2017)
Alternate I of 52.224-3.(ii) (JAN 2017)
(48)
(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(OCT 2022)
Alternate I of 52.225-1.(ii) (OCT 2022)
(49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 (NOV 2023) note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.
Alternate I [Reserved].(ii)
Alternate II of 52.225-3.(iii) (JAN 2025)
Alternate III of 52.225-3.(iv) (FEB 2024)
Alternate IV (Oct 2022) of 52.225-3.(v)
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and (51) (FEB 2021) statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (52) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
Subtitle A, Part V, Subpart G Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.(54) (NOV 2007) S.C. 5150).
52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.(55) (MAY 2024) O. 13513).
52.229-12, Tax on Certain Foreign Procurements .(56) (FEB 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (57)
(41 U.S.C. 4505, 10 U.S.C. 3805).(NOV 2021)
52.232-30, Installment Payments for Commercial Products and Commercial Services (58) (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (59) (OCT2018) (31 U.S.C. 3332).
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul (60) 2013) (31 U.S.C. 3332).
52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (MAY 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (AUG 1996)
52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American (63) Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.(NOV 2024) C. 3901 note prec.).
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (JAN 2017)
(65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.(NOV 2021) C. 55305 and 10 U.S.C. 2631).
Alternate I of 52.247-64.(ii) (APR 2003)
Alternate II of 52.247-64.(iii) (NOV 2021)
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ]Contracting Officer check as appropriate.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.(2) (MAY 2014) C. chapter 67).
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (3) (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(AUG 2018)
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May (4) 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for (5) Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.
C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for (6) Certain Services-Requirements (41 U.S.C. chapter 67).(MAY 2014)
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (JAN 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)).(JAN 2025)
(d) . The Contractor shall comply with the provisions of Comptroller General Examination of Record this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(NOV 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(NOV 2023)
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(DEC 2023)
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(NOV 2021)
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of (JUN 2023) Division R of Pub. L. 117-328).
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. (DEC 2023) L. 115-390, title II).
(B) Alternate I of 52.204-30.(DEC 2023)
(viii) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in FEB 2024 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.
(ix) 52.222-21, Prohibition of Segregated Facilities .(APR 2015)
(x) 52.222-26, Equal Opportunity (E.O.11246).(SEP 2016)
(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(JUN 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(JUN 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(JUN 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.2010)
(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(AUG 2018) (xvi)
(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(NOV 2021)
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(MAR 2015)
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.
C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (41 U.S.C. chapter 67).(MAY 2014)
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(MAY 2022)
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(JAN 2022)
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(JAN 2022) (xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I of 52.224-3.(JAN 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.2016)
C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.(JUN 2020) C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-(NOV 2024) 31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 (NOV 2021) U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
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