Final 693JF724R000005 Lube Oil Solicitation.pdf

SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED

5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER

PAGE OF PAGES

7. ISSUED BY CODE 8. THIS ACQUISITION IS

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27

RATING

ORDER UNDER DPAS (15 CFR 700)

3. AWARD/

EFFECTIVE DATE ISSUE DATE

6. SOLICITATION

UNRESTRICTED OR SET ASIDE:

SMALL BUSINESS

SIZE STANDARD:

9. (AGENCY USE)

NO COLLECT CALLS

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN

CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT

PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR

AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED

HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS

AND CONDITIONS STATED HEREIN.

CODE 12. ADMINISTERED BY

13. CONTRACTOR FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE

OFFEROR CODE

TELEPHONE NO.

UNIQUE ENTITY IDENTIFER

CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:

15. PROMPT PAYMENT DISCOUNT 16. AUTHORITY FOR USING OTHER

THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304 41 U.S.C. 253

NEGOTIATED

(RFP)

SEALED BIDS

(IFB)

1 49

US DOT MARITIME ADMINISTRATION

OFFICE OF ACQUISITION MAR-380

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

US DOT MARITIME ADMINISTRATION

OFFICE OF ACQUISITION MAR-380

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

693JF7

WASHINGTON DC 20590-0001

541380

% FOR:X

x

693JF7

$19

693JF724R000005

NAICS:

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

EDWOSB

17.

ITEM NO.

18.

SCHEDULE OF SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

The purpose of this solicitation is to procure services for the MARAD Oil Analysis Program currently in place for the Ready Reserve Fleet

(RRF) and RRF-Like vessels, the Schoolship vessels and the Fleet Support Craft which serves as a necessary component of a mandated Preventive

Maintenance Plan (PMP) and/or is part of vessel

Guidance provided by MARAD to the schools.

Continued ...

27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER DATE SIGNED

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION

NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS

OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT

(FOR GOVERNMENT USE ONLY)

Denise Clarke

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

STANDARD FORM 1447 (REV. 8/2016)

Prescribed by GSA - FAR (48 CFR) 53.214(d)

COPIES TO

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)

WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVEDWE DO

DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

CANNOT MEET DELIVERY REQUIREMENT

OTHER (Specify)

UNABLE TO IDENTIFY THE ITEM(S)

CANNOT COMPLY WITH SPECIFICATIONS

PAGE

NO RESPONSE FOR REASONS CHECKED

49 2 OF

DATE AND LOCAL TIME

AFFIX

STAMP

HERE

TO:

FROM:

SOLICITATION NO.

WASHINGTON DC 20590-0001

US DOT MARITIME ADMINISTRATION

OFFICE OF ACQUISITION MAR-380

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

693JF7

693JF724R000005

STANDARD FORM 1447 (REV. 8/2016) BACK

(A)

ITEM NO.

(B)

SUPPLIES/SERVICES

(C)

QUANTITY

(D)

UNIT

(E)

UNIT PRICE

(F)

AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

693JF724R000005

This program serves all the vessels in the Ready

Reserve Fleet (RRF) and RRF-Like vessels, the

Schoolship vessels and the Fleet Support Craft

Program, which is managed from the Office of Ship

Operations, located at MARAD Headquarters in

Washington, DC.

00001 Lube Oil Testing (Per Test)

Period of Performance: 06/18/2024 to 06/17/2029

00002 Same Day Service for Lube Oil (Per Service)

Period of Performance: 06/18/2024 to 06/17/2029

00003 Hydraulic Oil Testing (Per Test)

Period of Performance: 06/18/2024 to 06/17/2029

00004 Same Day Service for Hydraulic Testing (Per

Service)

Period of Performance: 06/18/2024 to 06/17/2029

00005 Grease Testing (Per Test)

Period of Performance: 06/18/2024 to 06/17/2029

00006 Same Day Service for Grease Testing (Per Service)

Period of Performance: 06/18/2024 to 06/17/2029

00007 Consultation Services (Per Hour)

Period of Performance: 06/18/2024 to 06/17/2029

00008 Travel (No. of days)

Period of Performance: 06/18/2024 to 06/17/2029

NSN 7540-01-218-4386 STANDARD FORM 1447 (REV. 8/2016)

Prescribed by GSA - FAR (48 CFR) 53.214(d)

Section C. Statement of Work

1.0 General

1.1 Introduction

The U.S Maritime Administration (MARAD) is an agency of the United States Department of Transportation (DOT). As outlined in the Merchant Marine Act of 1946, the Secretary of Transportation, acting through MARAD, is required to maintain a National Defense Reserve Fleet (NDRF), including any ship assigned by the Secretary to the Ready Reserve Force (RRF) component of the Fleet.

Consistent with that purpose, MARAD has developed strategic goals, including the following:

A. Strategic Goal #1: Supporting U.S. Maritime Capabilities, meaning to strengthen and ensure the safety, security, and efficiency of maritime capabilities that are essential to U.S. economic and national security.

B. This includes an accompanying long-term objective:

C. Continue to ensure ready availability of ships, training billets, crews, and strategic ports.

The RRF, and the surge sealift capacity that it provides, is the method that MARAD will support the Department of Defense warfighting capabilities. Accordingly, MARAD will maintain RRF ships in accordance with the readiness level promulgated by the DoD’s Functional Combatant Commander, the U.S. Transportation Command (USTRANSCOM), enabling activation to Full Operating Status (FOS) within the prescribed timeline and sustained operations at designated parameters for up to 180 days.

Presently, the RRF fleet consists of approximately 50 ships located at various ports throughout the United States on the Atlantic, Gulf and Pacific Coasts. Included in this number are training ships for the nation’s Maritime Academies, and two ships supporting the Missile Defense Agency (operated similarly to the RRF). We anticipate several additional ships to be added to the fleet in the near future.

MARAD maintains three lay-up fleets located at James River, VA; Beaumont, TX; and Suisan Bay, CA. These fleets have a number of fleet support craft that may require testing both on a scheduled program and an ad hoc basis.

1.2 MARAD Lube Oil Analysis Program

1.2.1 The MARAD Lube Oil Analysis Program, currently in place for the RRF, serves as a necessary component of a mandated preventive maintenance plan (PMP). This program serves all the ships in the RRF and is managed from the Office of Ship Operations, located at MARAD Headquarters in Washington, DC. The function of this program is for the ship’s personnel to take oil samples under prescribed operating conditions and time frames and mail these samples to an approved oil testing laboratory for expert analysis to assist and determine the conditions of the identified machinery. The results of this analysis are then received by the ship, the ship’s Ship Managers, ship’s contracting officer’s representative (COR), and the lube oil analysis program COR. Any action as required by the results of the analysis will be carried out by ship personnel or a ship designate.

1.0.1 The MARAD Lube Oil Analysis Program currently in place for the School ships serves as a necessary component of a mandated preventive maintenance plan (PMP) and/or is part of ship guidance provided by MARAD to the schools. This program serves all the ships in the Schoolship Program and is managed from the Office of Ship Operations, located at MARAD Headquarters in Washington, DC. The function of this program is for the ship’s personnel to take oil samples under prescribed operating conditions and time frames and mail these samples to an approved oil testing laboratory for expert analysis to assist and determine the conditions of the identified machinery. The results of this analysis are then received by the ship, ship’s COR, the MARAD Lube Oil Analysis Program COR, and the Schoolship program manager. Any action as required by the results of the analysis will be carried out by ship personnel, a ship designate, or the ship’s COR.

1.0.2 Fleet support craft are included in the MARAD Lube Oil Analysis Program. This program serves the designated Fleet support craft in the three MARAD lay-up Fleets and managed from the Office of Ship Operations, located at MARAD Headquarters in Washington, DC.

The function of this program is for the fleet personnel to take oil samples under prescribed operating conditions and timeframes and mail these samples to an approved oil testing laboratory for expert analysis to assist and determine the conditions of the identified machinery. The results of this analysis are then received by the lay-up Fleet, lay- up Fleet program manager, the MARAD Lube Oil Analysis Program COR, and the Division of Sealift Operations. Any action as required by the results of the analysis will be carried out by Fleet personnel.

1.1 Technical Assistance Required

1.1.1 MARAD requires the contractual services of an established lube oil analysis laboratory to have the capability to receive, analyze, report, and provide expert professional guidance to assist in the ship’s maintenance, complying with all regulations as delineated in the technical requirements noted below. The MARAD Lube Oil Analysis Program will generate a minimum of 2000 samples per year up to a maximum of 6000 per year coming from all ships in the NDRF including Fleet support craft. For purposes of grease testing from designated equipment, assume 100 samples per year.

1.1.2 The contractor shall also be capable of conducting forensic analysis of unidentified material that may be discovered in the lube oil sample. These tests will be requested independently on an ad hoc basis.

1.1.3 The contractor will provide on-site or virtually led lube oil analysis program consultation (totaling up to 48 hours annually) at any of the locations where MARAD ships are located.

Consultation may include speaking to an in-person small group (1-25 person) or a large group (up to 100 people) setting on, lab results, equipment trend analysis, touring ships, and observing shipboard practices. The contractor will have MS Teams capability software to provide virtual-led training for MARAD personnel and Ship personnel. The individual providing consultation services will be a technically competent person skilled in lube oil analysis.

2.0 Technical Requirements

The MARAD Oil Analysis Program for testing marine lube oils, hydraulic oils, and greases requires a proven oil analysis laboratory to provide services meeting the following criteria:

2.1 The contractor must be ISO/IEC 17025:2005 accredited (General Requirements for the Competence of Testing and Calibration Laboratories) at the time of award. The applicable standards shall also include ISO 9001. All lube oil, hydraulic oil, and grease test (all routine tests and all non-routine test) must correlate and conform to the specific ASTM standard. Where test do not conform to the specific ASTM standard, the laboratory must detail and clarify what test standards are used. In addition to routine testing, laboratories must have the in-house capability to perform forensic testing of oils (i.e., non-routine test). The contractor must have proven past experience in testing lube oil, hydraulic oil, and greases from ships (i.e., shipboard marine machinery) or from shore side power plants.

2.2 The contractor must be able to provide test results within 72-hours from time of receipt of the oil samples at the testing facility. Upon special conditions, as determined by MARAD Ship Managers, same day turnaround must be provided as required (i.e., same day analysis and notification to individual ship or lay-up Fleet). Upon request by the individual ship or lay- up Fleet, the contractor will pay for standard shipment of sampling equipment, sampling bottles, packaging material, and labels, from the testing facility to the ship. This material will arrive within 5 business days of the individual ship or lay-up Fleet submitting the request. The individual ship or lay-up Fleet will pay for return shipping of the samples to the testing facility.

2.3 The contractor will provide a web-based accessible (password protected) program for both program information and analysis results. Access will be manageable such that individuals have only permission to view the results of their ship, group of ships, or region. All points of contact (POC) will be provided and/or approved as needed by MARAD and provided to the contractor’s database administrator. MARAD will have data ownership of oil analysis results for the entire Fleet.

2.4 The database used to track results of the lube oil analysis must be able to integrate with Nautical Systems Enterprise (NSE), MARAD’s database used for planned maintenance. The data will be provided in a non-proprietary format compatible for MARAD NSE database managers to upload into the system. The contractor will list the various type of formats that its lube oil analysis database is capable of exporting. The rights to this ship maintenance software management system are owned by the American Bureau of Shipping, Houston, TX.

2.5 As the MARAD Fleet employs many different types of oils from many different manufacturers, the contracted laboratory will be required to maintain and update base oil samples of all types of marine oils used in the MARAD Fleet. Ship managers will provide virgin oil base samples to the laboratory if required. MARAD will provide a manual detailing all the oils used aboard all the ships and will be responsible to ensure that the contracted laboratory is appraised of any updates and changes made in the ship oil inventories. MARAD also provides an approved manual for each ship detailing proper sample locations and techniques to assist the ships in proper sampling for analysis.

The contractor will be responsible for reviewing, understanding, and recommending any required changes to these manuals and have 30 days to provide comment upon notification by MARAD.

2.6 The contracted laboratory must be available to provide technical assistance, guidance, and interpretation for each result if requested by MARAD or representatives of the Ship Manager. This assistance may possibly require an onsite presence from a qualified technical individual from the contracted laboratory to provide troubleshooting and/or training for the Ship Manager representatives.

2.7 Routine sampling and testing that is required must include, at a minimum:

Spectroscopic Analysis (PPM) ASTM D 5185

Iron, Copper, Lead, Aluminum, Tin, Nickel, Chromium, Titanium, Vanadium, Silver, Silicon, Boron, Calcium, Magnesium, Phosphorus, Zinc, Barium, Molybdenum, Sodium, Potassium, Cadmium, and Manganese

Fourier Transform Infrared Spectrometer testing (FTIR) ASTM E168, ASTM E1252

Water EP Antioxidant Breakdown I Breakdown II Water

Soot Oxidation Nitration Anti-wear Fuel Sulfation Antifreeze Other Fluid

Physical Chlorides Flashpoint (F)

Karl Fischer Tests for Steamships (25 ships) ASTM D 6304 TAN (KOH/g)

TBN (KOH/g)

Viscosity (cSt) ASTM D 445

Particle Count (Particles Per Mil) ISO 4406:99

ISO Code

>4 Micron

>6 Micron

>14 Micron

>50 Micron

2.8 For non-routine or forensic testing, where in-depth testing and analysis is required, all firms submitting quotes shall demonstrate capabilities and experience.

2.9 For the grease testing requirement, the below table itemizes the minimum necessary tests:

TEST METHOD

ICP Spectrochemical Analysis ASTM D- Karl Fischer ASTM D-6304 Ferrous Wear Concentration

2.10 Additionally, the grease testing of the MARAD lube oil analysis program represents only a minor portion of the annual number of samples taken. This number fluctuates from year to year ranging from 0 to 100. Therefore, these grease tests would be ordered solely on an ad hoc basis.

2.11 Analysis Procedures. The sampling ships will send samples to the contracted laboratory. Upon receipt, the laboratory will notify via email to the ship that the samples have been received. This email will include the points of contact (POC) as supplied to the contracted laboratory by MARAD HQ. The samples will be analyzed in the specified time frame with the results sent via email and posted on the contractor’s website with notification to all POC on such posting under the time frame established in these requirements. The email and the analysis report will detail any issues that the report may indicate along with corrective action recommendations or procedures recommended to resolve any issues, as well as trend lines and recent oil analysis history displaying at a minimum the three most recent analyses available.

3.0 Personnel and Travel Requirements

3.1 Travel costs will be reimbursed (at actual cost) in accordance with Federal Travel Regulation (FTR) and FAR part 31. Substantiating receipts must be submitted in accordance with FTR 301-11.25. The Contractor will submit travel requests to the MARAD Lube Oil Analysis Program COR for approval, via email, in advance of each travel event. Reimbursement will not be approved for unauthorized travel.

3.2 No individual may bill more than eight (8) hours per day for travel and/or consulting unless approved by the COR.

3.3 Contractor employees visiting government installations will wear a government-issued identification badge. Visiting contractor employees will comply with all government escort rules and requirements.

3.4 While onboard NDRF ships, all visitor log-in and safety procedures are to be strictly adhered to. Employees visiting NDRF ships and sites must wear their TWIC card to gain access to the ship/facility.

Section D. Packages and

Marketing (None)

Section E. Inspection and Acceptance

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/far/current/html/FARTOCP52.html

Clause Title Date

52.246-05 Inspection of Services—Cost Reimbursement April 1984 (applies to reimbursable services)

E.2 DELEGATION OF AUTHORITY FOR INSPECTION AND ACCEPTANCE

The Contracting Officer’s Representative shall be delegated the responsibility and authority to conduct inspection and acceptance duties for this contract.

E.3 PLACE OF INSPECTION AND ACCEPTANCE

Inspection will be performed at the point of delivery set forth in Section F. Acceptance will be performed at the points of delivery set forth in Section F.

E.4 INSPECTIONS

(A) The Government or other persons authorized by the Government, at its expense, shall have the right to inspect at any time, upon reasonable notice to the Contractor, and to jointly survey the facility to ascertain its material condition and to perform other contract quality assurance functions as deemed necessary and appropriate by the Government. Inspections of lube oil records, technical documentation, and operating procedures shall be conducted from time to time to verify that accomplishment of services meet the requirements of this contract.

(B) Except as specified in paragraph (c) below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(C) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise granted in writing by him or included as part of this contract.

E.5 FINAL ACCEPTANCE

Final acceptance of all services provided under this contract shall be made only upon certification of the Final Invoice as defined in the invoicing provisions contained in Section G.

Such certification shall be made by the Contracting Officer or the designated representative.

Section F. Deliveries or Performance

F.1 PERFORMANCE

Performance may be needed at various ships around the continental United States.

F.2 EFFECTIVE DATE OF AWARD AND PERFORMANCE PERIOD

(A) The effective date of award is the date of the contract execution by the Procuring Contract Officer (PCO).

(B) Performance shall commence on the date provided in the Notice to Proceed (NTP).

(C) The period of performance ends five (5) years after contract award. The total maximum period of performance under this contract shall not go beyond five (5) years, unless specifically authorized by contract modification pursuant to FAR 52.217-8 Option to Extend Services (NOV 1999), as incorporated in Section I. These additional option periods will be exercised at the sole discretion of the Government.

Section G. Contract Administrative Data

G.1 INVOICE REQUIREMENTS - Electronic Submission of Payment Requests.

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi eInvoicing which is accessed and authenticated via www.login.gov http://www.login.gov/

(d) The following FAR section applies (32.905 Payment documentation and process). In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

1. General. Payment will be based on receipt of a proper invoice and satisfactory contract performance.

2. Content of invoices.

(1) A PROPER INVOICE MUST INCLUDE THE FOLLOWING ITEMS (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed

(including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed.

(v) event of a defective invoice.

(vi) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vii) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

Name (where practicable), title, phone number and mailing address of person to notify in the payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/.

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi eInvoicing account creation process. Vendor POC’s who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov http://www.login.gov/ http://einvoice.esc.gov/

(5) Account Management. Vendors are responsible to contact the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov

Point of Contact:

Contracting Officer: Denise Clarke:

denise.clarke@dot.gov

Vendor coordinator:

Primary: Felicia Eberling: Felicia.eberling@dot.gov

Alternate: Henry Puppe: henry.puppe@dot.gov

G.2 DIRECTIONS BY GOVERNMENT PERSONNEL

(A) Except as specified in Paragraph B below, no order, statement, or conduct of government personnel who visit the facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(B) The Contractor shall not comply with any order, direction, or request of Government personnel that it considers to be outside the scope of the contract, unless issued in writing and signed by the PCO or ACO, or as otherwise directed by this contract. The Contractor shall notify the PCO/ACO of any request deemed outside the scope of this contract.

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(A) The PCO/ACO may designate Government personnel to act as the COR to perform functions under the contract, such as review and/or inspection and acceptance of services.

(B) The PCO/ACO cannot authorize the COR, or any other representative, to sign documents (i.e. contracts, contract modifications, etc.) that require the signature of the CO.

(C) The COR may request the appointment of Assistant Contracting Officer Representatives (ACOR) by the ACO. Such written requests shall be made to the respective ACOs, or in the case of headquarters personnel, to the PCO. ACOR/CORs shall be appointed in writing by the PCO/ACO, and a copy of this appointment letter provided to the Contractor. The appointment letter shall specify the name, inclusive dates, and specific limits to the authority of that person appointed.

G.4 DUTIES OF THE CONTRACTING OFFICER’S REPRESENTATIVE

http://einvoice.esc.gov/ mailto:denise.clarke@dot.gov mailto:henry.puppy@dot.gov mailto:henry.puppe@dot.gov

(A) The COR is responsible for monitoring the assigned technical aspects of the contract and acts as the technical liaison with the Contractor.

(B) Except as stated elsewhere, the COR is not authorized to make any commitments or otherwise obligate the Government for any changes which affected the contract price, terms, or conditions. Any Contractor request for changes shall be referred to the ACO directly or through the respective MARAD COR. No such changes shall be made without the prior authorization of the PCO.

(C) The COR may be changed by the Government at any time, and notification of the change shall be provided in writing to the Contractor by the ACO or PCO.

Section H. Special Contract Requirements

H.1 DUPLICATION OF EFFORT

The Contractor hereby certifies that cost for work to be performed under this contract and any subcontract hereunder are not duplicative of any costs charged against any other Government contract, subcontract, or other Government source. The Contractor will include the provisions of this paragraph in every subcontract issued hereunder which exceeds $2,500.00. The Contractor agrees to advise the Contracting Officer, in writing, of any other Government contract or subcontract it has performed or is performing which involves work directly related to the purpose of this contract.

H.2 CONTRACT NOT AFFECTED BY ORAL AGREEMENT

No oral agreement of any person shall modify or otherwise affect the Scope of Work or other terms and conditions, as herein stated. All modifications shall be in writing by the Contracting Officer.

H.3 ORGANIZATIONAL CONFLICT OF INTEREST

(A) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that all such relevant information has been disclosed.

(B) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the ACO. This disclosure shall include a description of actions the Contractor has taken or proposes to take, after consultation with the ACO, to avoid, mitigate, or neutralize the actual or potential conflict.

Section I. Contract Clauses/General Provisions

COMMERCIAL CLAUSES

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

Clause Title Date 52.204-7 System for Award Management Oct 2018 52.204-13 System for Award Management Maintenance Oct 2018 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial

Services

Nov 2023

52.212-05 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (FEB 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L.

115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar https://www.acquisition.gov/far/12.301#FAR_12_301

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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 products and commercial services:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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.)

X (4) 52.204-10, Contractor Employee Whistleblower Right (NOV 2023).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(6) [Reserved].

X (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)(Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(ii) Alternate I (Dec 2023) of 52.204–30.

X (12) 52.209-6, Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment) (NOV 2021).

X https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_29 https://www.govinfo.gov/link/plaw/115/public/390

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

(14) [Reserved].

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source (Oct 2022) (15 U.S.C. 657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.657a).

(17) [Reserved]

X (18) (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.

(19) (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.

(20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).

(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 (Sep 2023) of 52.219-9.

(22) 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.

(23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

(25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

X (26) (i) 52.219-28, Post Award Small Business Program Representation (Sept 2023) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

X

X https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6

(26) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

(27) 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 (Oct 2022) ( 15 U.S.C. 637(m)).

(28) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

(29) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

X (30) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (31) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .

X (32) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (33) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

X (34) (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 (35) (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.

(36) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

X (37) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (38) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 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).

52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not 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.)

(39) 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 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 of commercially available off-the-shelf items.)

(40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(42) (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.

(43) (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.

_(44) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

(45) (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 (46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

(47) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(48) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

X (50) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

(ii) Alternate I (Oct 2022) of 52.225-1.

(51) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19

U.S.C. 3301 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.

(ii) Alternate I [Reserved].

https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001

(iii) Alternate II (Dec 2022) of 52.225-3.

(iv) Alternate III (NOV 2023) of 52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(52) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (53) 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).

(54) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(55) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

(56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42

U.S.C. 5150).

(57) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(58) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

(59) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X (60) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

(61) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

(62) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

X (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

(64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

(65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Nov 2021) of 52.247-64.

https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 https://www.acquisition.gov/far/52.232-30#FAR_52_232_30

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

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

(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).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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.