E2 - Amendment 0002.docx
DOCX document 53 KB Posted
- Attached to
- Catholic Priest Federal contract opportunity
- Solicitation number
- M6700120Q1246
- Issued by
- United States Marine Corps
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| File | Type | Posted |
|---|---|---|
| E1 - Amendment 0001.docx | DOCX document | |
| RFQ.docx | DOCX document |
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Text version
M6700120Q1246
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text:
SUMMARY OF CHANGES
This requirement has been changed from a “100% total small business set aside” to “unrestricted”.
The required response date has also been changed from 20 July 2020 to 5 August 2020 at 1100 EST.
Period of Performance dates are changed to 15 August 2020 – 14 August 2021 for base year, 15 August 2021 – 14 August 2022 for option year one, and 15 August 2022 – 14 August 2023 for option year two.
SECTION SF 1449 - CONTINUATION SHEET
SOLICITATION/CONTRACT FORM
The set aside percentage 100.00% has been deleted.
The required response date/time has changed from 27-Jul-2020 11:00 AM to 05-Aug-2020 11:00 AM.
The Acquisition Set Aside has changed from Small Business to No Preference / Not Listed.
DELIVERIES AND PERFORMANCE
The following Delivery Schedule item for CLIN 0001 has been changed from:
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
POP 01-AUG-2020 TO
31-JUL-2021
| N/A |
| CHAPLAINS OFFICE |
GERAD LYLE. HARDIN
BLDG 1212
CAMP LEJEUNE NC 28542
910-451-7570 FOB: Destination
MMP100
To:
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
POP 15-AUG-2020 TO
14-AUG-2021
| N/A |
| CHAPLAINS OFFICE |
GERAD LYLE. HARDIN
BLDG 1212
CAMP LEJEUNE NC 28542
910-451-7570
MMP100
The following Delivery Schedule item for CLIN 1001 has been changed from:
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
POP 01-AUG-2021 TO
31-JUL-2022
| N/A |
| CHAPLAINS OFFICE |
GERAD LYLE. HARDIN
BLDG 1212
CAMP LEJEUNE NC 28542
910-451-7570
MMP100
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
POP 15-AUG-2021 TO
14-AUG-2022
| N/A |
| CHAPLAINS OFFICE |
GERAD LYLE. HARDIN
BLDG 1212
CAMP LEJEUNE NC 28542
910-451-7570
MMP100
The following Delivery Schedule item for CLIN 2001 has been changed from:
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
POP 01-AUG-2022 TO
31-JUL-2023
| N/A |
| CHAPLAINS OFFICE |
GERAD LYLE. HARDIN
BLDG 1212
CAMP LEJEUNE NC 28542
910-451-7570
MMP100
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
POP 15-AUG-2022 TO
14-AUG-2023
| N/A |
| CHAPLAINS OFFICE |
GERAD LYLE. HARDIN
BLDG 1212
CAMP LEJEUNE NC 28542
910-451-7570
MMP100
The following have been modified:
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT ROMAN CATHOLIC PRIEST SERVICES
1. BACKGROUND:
Marine Corps Base Camp Lejeune was established in September 1941and is the home of the “Expeditionary Forces in Readiness”. As a component of the base the Command Chaplain’s Office has the mission to develop personnel and families of operating forces and the Camp Lejeune community for spiritual and personal readiness, through ministries, pastoral care, and the provision/facilitation for the free exercise of religion.
2. QUALIFICATIONS:
2.1. The Contractor’s quote must include a résumé in order for the Government to determine acceptability and availability of the individual that will be supervising these services. The minimum qualification requirements are as follows:
a) Must be a US citizen.
b) Have a Masters of Divinity or Masters of Theology from an accredited school of theology. Provide Masters Certification.
c) Must have a minimum of 5 years of pastoral experience.
d) Shall be a priest in good standing with a Diocesan Bishop or Religious Community and have written permission to take a contract position. Shall provide permission letter.
e) Shall obtain approval and Letter of Endorsement from the Archbishop of the Military Services USA. Shall provide Letter.
f) Shall demonstrate reliability, good relational skills and the ability to serve on an ecumenical ministry team.
g) Shall be able to read, write, and articulate the English language fluently and be understood not only from the pulpit but also in pastoral counseling opportunities with service members and their families.
h) Shall demonstrate keen ability to develop leaders.
i) Shall be able to multi-task and keep duties and programs running smoothly.
j) Shall be flexible and adjust on short notice and demands.
k) Possess managerial, organizational and leadership ability commensurate with responsibilities for administration of a complete religious education and sacramental preparation program.
l) Shall have an expert knowledge of Catholic doctrines, ideas, liturgy, sacraments, church history, customs, practices, and organization of the Roman Catholic Church.
2.2. Must register and create an account in Central Contractor Registration (CCR). http://www.lejeune.usmc.mil/contracting/govt_business..html
3. DESCRIPTION OF SERVICE: The contractor shall provide Roman Catholic Priest services necessary to support the Catholic community and the mission of the Command Religious Program. The services shall include, but are not limited to:
3.1. The Contractor shall: a) Supervise and facilitate a program of Religious Education (Confraternity of Christian Doctrine) for grades K thru 12. This includes sacramental preparation for First Penance, First Eucharist and Confirmation. b) Administer documentation and certificates incident to receiving particular sacraments and submit all records to the Archdiocese for the Military Services, USA. c) Provide Adult Educational opportunities in the form of Scripture Studies, Catholic Enrichment, or Rite of Christian Initiation of Adults. d) Coordinate Liturgical Preparation with Director of Music for Sunday Liturgy and special seasonal celebrations. e) Recruit and train liturgical ministers: lectors, Extraordinary Ministers of Communion, hospitality ministers and altar servers. f) Oversee the publishing of a weekly Sunday Bulletin that contains liturgy information for the day, ministers, and special events. g) Liaison with the CRP to execute Chapel outreach programs that are beneficial for the Catholic Community but not necessarily faith specific. (i.e. Cookouts, Harvest Fest, VBS, etc…)
4. CONTRACTORS UNAUTHORIZED WORK PERFORMANCE: The contractor shall not perform work that deviates from contract requirements. If the contractor deviates from the contract requirements without approval of the Contract Administrator, such deviation shall be at the risk of the contractor and any cost related thereto shall be borne by the contractor.
4.1. The government will periodically evaluate the contractor’s performance by appointing a representative to monitor the quality of service and to ensure services are received. The Government Point of Contact (POC) will evaluate the contractor’s performance based on periodic inspections and feedback from the Chaplains and program participants. The POC will inspect all billing documents to ensure taxes are not charged and charges do not exceed contract limits.
4.2. If services do not conform to the contract requirements the government may require the contractor to perform the service again in conformity with contract requirements, at no increase in the contract amount. When the defect(s) in services cannot be corrected by re-performance, the government may:
4.2.1. Require the contractor to take necessary action to ensure that future performance conforms to contract requirements; and
4.2.2. Reduce the contract price to reflect the reduced value of the services performed.
5. BILLING AND PAYMENT INFORMATION:
5.1. The contractor is required to register and create an account on the Wide Area Work Flow (WAWF) so they can receive electronic payments for their services.
5.2. The contract shall consist of 52 weeks of fixed flat rate payments.
5.3. The contractor shall provide monthly verified time sheets to the POC no later than the fifth day of the following month. WAWF invoices cannot be certified without the time sheets. The government is not responsible for paying any late fees arising from the contractor’s failure to deliver their time sheet on time.
5.4. The contractor is required to file a WAWF invoice no later than the fifth day of the following month. The government is not responsible for paying late fees arising from the contractor’s failure to submit the WAWF invoice on time.
6. GOVERNMENT FURNISHED PROPERTY AND SERVICES:
6.1. The position requires issuance of a CAC card and a Base Access Letter from the Contracting Department in order for the contractor to gain access to place of duty and fulfill their contract.
6.2. The contractor is authorized an office space and basic office equipment necessary to fulfill this contract. The government retains full custody of all furnishings and equipment provided to the contractor. The contractor shall assume financial liability for all missing equipment.
7. BUDGETARY AND REPORT REQUIREMENTS:
7.1. The contractor shall by 1 September, make recommendations to the Command Chaplain concerning the preparation of an operating budget for the next fiscal year based upon projected program requirements. All materials purchased will remain the property of the Command Religious Program.
7.2. The contractor shall by 1 September, develop and submit “Plan of Action and Milestones (POA&M)” to the Command Chaplain of planned events and programs for the next fiscal year.
7.3. The contractor shall provide weekly program status reports to the Command Chaplain and may be required to serve as ex-officio member of the Chapel Advisory Group, and community events to represent the religious education program.
7.4. The contractor shall report attendance data weekly to the Religious Offering Fund (ROF) Custodian for statistical purposes and historical archival.
8. PERIOD AND PLACE OF PERFORMANCE:
8.1. The period of performance is from 01 August 2020 through 31 July 2021.
8.2. The contractor shall perform their duties at the Base Chaplain’s Office, Building 67 or any other Catholic Chapels in support of planned events aboard Camp Lejeune, North Carolina or as directed by the Command Chaplain or his designated representative.
8.3. One Option year is authorized as stated below:
8.3.1. Base Year: Term of Service: 15 August 2020 through 14 August 2021.
8.3.2. Option Year One: Term of Service: 15 August 2021 through 14 August 2022.
8.3.3. Option Year Two: Term of Service: 15 August 2022 through 14 August 2023.
8.4. Thirty-days written notice is required prior to termination of this contract by either party.
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
This procurement is unrestricted. The associated North American Industrial Classification System (NAICS) code for this requirement is 813110 Religious Organizations, and the small business size standard is $8.5 million. Offerors must be registered in System of Award Management (SAM) database https://www.sam.gov/SAM/.
EVALUATION of the technical approach will be based upon the extent to which the vendor thoroughly and accurately describes the overall technical solution. It is the Government's intention to issue a single firm-fixed price contract.
The Government will award a single contract resulting from this request for quotes to the responsible vendor whose quote, conforming to the RFQ; will be most advantageous to the Government, price and other factors considered.
The Contracting Officer reserves the right to evaluate quotes without the use of formal evaluation procedures such as establishing a competitive range, conducting discussions, scoring quotations, and to make an award to other than the lowest quote.
To evaluate price, quotes will be evaluated using a price/technical tradeoff. This process is appropriate because it is in the Government's best interest to consider award to other than the lowest price. In evaluating the technical portion of the quote, the technical evaluators will evaluate the following factors, Technical, Past Performance and Price. The factors of Technical Capability and Past Performance are weighted equally. All evaluation factors other than price, when combined, are significantly more important than price.
(1) Technical acceptability to include the ability to meet the period of performance;
(2) Past Performance; and
(3) Price.
(1) Technical Capability - The Contractor’s quote shall include a resume in order for the Government to determine technical capability of the individual that will be performing these services. That contractor shall submit a technical proposal with sufficient detail that substantiates stated claims. The proposal shall provide convincing rationale to address how the offeror intends to meets the requirements.. The Contractor shall provide all necessary documentation to validate qualifications requirements listed in the attached Performance Work Statement.
The vendor's initial quote should contain the vendor's best terms from a price and technical standpoint. However, the Government reserves the right to have discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received.
(2) Past Performance - The vendor shall provide at least two (2) relevant past performance references of contracts performed within the past three years. Relevant contracts include Roman Catholic Priest Services similar size and scope to the requirements listed in the PWS. The purpose of the past performance evaluation is to assess the degree of confidence the Government has in The vendor's ability to provide this service that meet the solicitation requirements based on the vendor's demonstrated record of performance. For this volume, the vendor shall identify relevant contracts, or those portions of a relevant contract, whose performance is within three years of the proposal due date and contains efforts similar to those efforts (e.g., service, type effort, contract tasks, contract type, contract dollar value, etc.), required by this solicitation. Offerors shall also identify relevant contracts within the past three years that had any show-cause notices, cure notices, corrective action reports or termination for default.
The vendor shall ensure that all points of contacts are current and include an email address and phone number. Vendors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance and will receive a neutral rating.
Past performance will also be verified via Federal Awardee Performance and Integrity Information System (FAPIIS) and via Contract Performance Assessment Reporting System (CPARS)/Past Performance Information Retrieval System (PPIRS).
(3) Price – Price quote for each line item, in the monthly basis.
Submission Requirements. Quotes related to this RFQ shall be received by the Contracting Department by the date and time indicated in block 8 on the front page of the solicitation to be considered for award. The information submitted shall be clear and legible (Note: repetitively copied data loses its clarity and legibility.) Quotes may be submitted via email to adam.dillard@usmc.mil. It is solely the Contractor's responsibility to ensure quotes are received within the required timeframe. Submission of quotation shall include the following:
1. Technical description of the services being offered in sufficient detail to evaluate to include the resume of the proposed representative and statement the individual is able to meet begin performance stated in the Performance Work Statement.
1. Quoter is registered and current in System for Award Management
1. Provide quoter’s Cage Code and DUNS.
QUESTIONS. Questions related to this RFQ shall be submitted to the Contracting Department and shall be received no later than 4:00 PM EST the on 13 July 2020. Questions received after this date and time will not be considered. Therefore, review the RFQ and these instructions thoroughly so all of your concerns/questions can be addressed. It is solely the Contractor's responsibility to ensure questions are received within the required time frame. Questions may be submitted in writing via email to adam.dillard@usmc.mil.
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2020)
(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 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X__ (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).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
____ (ii) Alternate I (MAR 2020) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (MAR 2020) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (NOV 2016) of 52.219-9.
____ (iii) Alternate II (NOV 2016) of 52.219-9.
____ (iv) Alternate III (JUN 2020) of 52.219-9.
____ (v) Alternate IV (JUN 2020) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
____ (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 (MAR 2020) (15 U.S.C. 632(a)(2)).
____ (ii) Alternate I (MAR 2020) of 52.219-28.
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).
____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).
____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
__X__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).
__X__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
__X__ (30)(i) 52.222-26, Equal Opportunity (SEPT 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.
____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
__X__ (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-14.
____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (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 (JUN 2016) (E.O. 13693).
____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).
____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (MAY 2014) of 52.225-3.
____ (iii) Alternate II (MAY 2014) of 52.225-3.
____ (iv) Alternate III (MAY 2014) 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. 2302 Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
____ (55) 52.229-12, Tax on Certain Foreign Procurements (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 (OCT 2018) (31 U.S.C. 3332).
____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 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: (Contracting Officer check as appropriate.)
_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____(7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(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)
The following have been deleted:
| 52.219-6 (Dev) |
| Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008). |
| MAR 2020 |
| 252.219-7000 |
| Advancing Small Business Growth |
| SEP 2016 |
(End of Summary of Changes) image1.wmf
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