4.02 - RFQ N0018924QR021.pdf

SEE ADDENDUM

(No Collect Calls)

N0018924QR021 17-Jan-2024

b. TELEPHONE NUMBER

717-605-2057

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 22 Jan 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001899. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOHNNY L. HODGE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC NORFOLK CONTRACTING

MECHANICSBURG OFFICE

ATTN: J HODGE

5450 CARLISLE PIKE BOX 2020

MECHANICSBURG VA 17050-2411

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N00250 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVY EXCHANGE SERVICE COMMAND

GENE HOFFMAN

3280 VIRGINIA BEACH BLVD

VIRGINIA BEACH VA 23452

TEL: 757-502-7472 FAX:

FAX:

TEL: 717-605-2057 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

332721

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF28

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0018924QR021

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 7 Each

SHELVING AND BINNING

FFP

B-8A-65 WIRE BINNING; 4"H X 24"M, FINISH SEA PEARL in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

MFR PART NR: NB4686-03

PSC CD: N099

NET AMT

0002 200 Each

SHELVING AND BINNING

FFP

B-8A-64 WIRE BINNING; 4"H X 36"M, FINISH SEA PEARL in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

MFR PART NR: NB4686-02

0003 40 Each

SHELVING AND BINNING

FFP

B-8A-63 WIRE BINNING; 4"H X 48"M, FINISH SEA PEARL in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

MFR PART NR: NB4686-01

0004 600 Each

SHELVING AND BINNING

FFP

B-8A-69 WIRE BINNING; 6"H X 17"D, FINISH SEA PEARL in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

MFR PART NR: NB4685-37

0005 50 Each

SHELVING AND BINNING

FFP

WALL COLOR BAND/SIGNAGE, CHANNEL; 6"H X 24"M, GRAPHIC,

CHANNEL, FINISH NEX BLUE in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

MFR PART NR: NCB-24-76

0006 50 Each

SHELVING AND BINNING

FFP

WALL COLOR BAND/SIGNAGE, CHANNEL; CHANNEL; 6"H X 24"M,

GRAPHIC CHANNEL, FINISH NEX BLUE in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

MFR PART NR: NCB-24-76

0007 200 Each

SHELVING AND BINNING

FFP

COLOR BAND; 6"H X 36"M, FINISH NEX SPECTRUM BLUE in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

MFR PART NR: NCB-36-76

0008 200 Each

SHELVING AND BINNING

FFP

B-8A-59 SHELF; R.N., S.D. ADJ., 17"D X 36"M, FINISH SEA PEARL in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

MFR PART NR: NS4678-37

0009 40 Each

SHELVING AND BINNING

FFP

B-8A-61 SHELF; R.N., S.D. ADJ., 17" X 48", FINISH SEA PEARL

FOB: Destination

VENDOR PART NR: NS4678-12

0010 7 Each

SHELVING AND BINNING

FFP

B-8A-60 SHELF; R.N., S.D. ADJ., 17"D X 24"M, FINISH SEA PEARL in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

MFR PART NR: NS4678-62

0011 2 Each

SHELVING AND BINNING

FFP

HERITAGE WALL FRAME; 60"H X 72"W, SUB PART NOS. 844-300/844-301,

FINISH TEXTURE BLACK in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

MFR PART NR: NHWF-6072

0012 5 Each

SHELVING AND BINNING

FFP

HERITAGE WALL FRAME; 30"H X 40"W, FINISH TEXTURE BLACK in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

MFR PART NR: NHWF-3040

0013 1 Each

SHELVING AND BINNING

FFP

PACKAGING/MATERIALS AND FREIGHT CHARGE TO ZIP CODE 23511

NORFOLK, VA NAVAL BASE.in accordance the Statement of Work.

FOB: Destination

MILSTRIP: N0025023PR00012

0014 240 Hours

SHELVING AND BINNING

FFP

INSTALLATION AT NAVAL BASE

NORFOLK, CONSISTING OF:

4 MEN X 10 HRS./DAY X 6 DAYS = 240

MAN HRS. X $65.00/MAN HR. =

15,600.00 FOB: Destination

MILSTRIP: N0025023PR00012

STATEMENT OF WORK

1.0 GENERAL REQUIREMENTS AND SPECIFICATIONS

1.1 NEXCOM Ships Stores Program will be responsible for the following:

1.1.1 Working with the contractor to make timely decisions to solve interference problems.

1.1.2 If applicable (in yards), will fill out and post a Work Authorization Form (WAF) in the space.

1.2 The contractor shall comply with the following:

1.2.1 This specification is based upon the following requirements whose provisions shall prevail in areas where this specification is silent:

A. NAVSEA S9AA0-AB-GOS-010/GSO, “General Specifications For Overhaul Of Surface Ships”

B. NAVSEA 59AA0-AB-GOS-030 SUPPLEMENT, “General Specifications For Ships With The Aegis Addendum”

C. NAVSEA Standard Items

1.2.2 Where drawings or specifications are referenced herein, the latest revision/amendment of such drawing or specification in effect upon date of award of contract shall be applicable, unless otherwise specifically noted.

1.2.3 Unless otherwise noted in the purchase document, the contractor shall be responsible for all requirements as applicable to the type of supply and/or service being provided. The government shall rely on contractor expertise for final design and fabrication of items. The design emphasis is encouraged to have modern, eye appealing characteristics that conform to the general requirements specified herein.

1.2.4 Prior to material delivery or installation, the contractor, when requested by the contracting officer, shall provide the ship and the contracting officer with a written certificate of conformity from the contractor, stating that the materials procured for installation meet applicable NAVSEA specifications. If a certificate of conformity is not requested, then the contractor shall be deemed to be self-certifying and shall be solely responsible for compliance with NAVSEA specifications.

1.2.5 All materials procured/installed shall be in accordance with Military Specification MIL-STD- 1623 Fire Performance Requirements and Approval Specifications for Interior Finish Materials and Furnishings (Naval Shipboard Use).

1.2.6 The contractor shall not interfere with the daily routine.

1.2.7 The contractor shall be totally responsible for ensuring that each item installed, is fully functional, and operates in accordance with the intended design, and within the intended capabilities or limitations of the specific piece of equipment.

1.2.8 Furnishings manufactured for knockdown construction must be capable of passing through surface ship access (26” X 66”). Furnishings may be fabricated and assembled at installation site whichever method is employed; it must first be consistent with accepted shop practices.

The representative shall furnish dimensions not specified here in.

1.2.9 The contractor shall be responsible for replacing any item installed or re-installed under the requirements of the contract/delivery order, if the item is damaged as a result of the contractor.

1.2.10 Where permanent removals are specified in the contract, contractor shall remove the items in the space and turnover to ship’s representative in the space unless otherwise stated.

1.2.11 Install flashing to seal off areas, which are, inaccessible for cleaning.

1.2.12 Items being removed and re-installed are to be tagged with a tag no showing compartment no./frame no./port or starboard locations and held for re-installation as noted in this specification.

1.2.13 Paint new/existing items as identified in this specification (furniture, trim, doors, etc.) And touch-up existing paint damaged incidental to work shown hereon including adjacent surfaces affected by welding. Painting shall include surface preparation and shall be in accordance with NAVSEA Tech Manual S9086-VD-STM-010/020/030, CH 631 V1, V2, V3, Preservation of ships in service (surface preparation and painting). The required paint formulas (number of coats, etc.) are specified in Chapter 631-1-3, V1 of this tech manual.

1.2.14 Treat faying surfaces between dissimilar metals in accordance with section 8.2.9 of NAVSEA S9086-VD-STM-030/Chapter 631 V3, Preservation-of-Ships in service (Surface Preparation And Painting).

1.2.15 All sharp or rough edges and corners that present a possible source of injury to personnel or damage to equipment shall be rounded off by grinding or other mechanical means to provide a smooth surface.

1.2.16 Install all furnishings and equipment level and/or plumb with baseline of ship.

1.2.17 Items installed shall be installed in a manner which will not impede damage control efforts. Full visibility and accessibility shall be provided for damage control fittings and other vital systems components.

1.2.18 Unless otherwise specified, items installed herein may be shifted slightly too clear minor interference’s. The notation “min. (type)” next to dimensions on in this specification indicates the item (s) shall be installed as close as practical to ship’s structure, vent, piping, etc. As shown.

1.2.19 Abbreviations are in accordance with MIL-STD-12D except as follows:

(R/T) = Removed & turn over to ship in space (E) = Existing (R/R) = Remove & Relocate (M) = Modified (R/I) = Remove & Install (N) = New

1.2.20 Use backing plates/sway-bracing/cantilever supports when attaching furnishings to bulkheads/overheads or furniture to provide reinforcement.

1.2.21 Template exact location of mounting bolts from equipment.

1.2.22 Furniture items shall be secured to the deck or bulkhead in accordance With General

Specifications Section 640 And NAVSHIPS Drawing Number S3306-921770; Sub-Bases And Clips, Shipboard Furniture and/or NAVSEA Drawing Numbers 612-2121710/2121711; Misc Furniture Details.

1.2.23 Furniture item numbers referred to herein may indicate a specific furniture item described in the U.S. Navy Shipboard Furniture Catalog (SFC); NAVSEA S9600-AD-GTP-010. The NAVSEA Drawing numbers for fabrication of furniture items is given when available. All furniture items shall be fabricated using steel / aluminum structural components (i.e. angle, tubing, etc.). And sheathing in accordance with the following specifications where applicable:

(note: workmanship described within must be adhered to.)

A. MIL-PRF-32038, “Shipboard Furniture, Fixtures, Fittings, And Accessories, General Specifications For". (supersedes MIL-F-243 “Shipboard Furniture, Steel” and MIL-F-902, “Shipboard Furniture, Aluminum”)

B. NAVSEA Drawing 803-5959310/A, “Furniture Construction Details” C. NAVSHIPS Drawing S3200-860055, “Hardware For Metal Furniture” D. NAVSHIPS Drawing 612-2121710/1, “Misc Furniture Details” E. NAVSHIPS Drawing 805-1632368, “Metal Furniture Construction”

Note: Commercially available polycarbonate is acceptable. The polycarbonate shall be Type III (mar-resistant), Class 1 (ultraviolet stabilized), Grade A (high abrasion resistant) as defined in Mil Spec MIL-P- 46144 Rev C. Polycarbonate has previously been manufactured and tested in accordance with the above specification; Rev B. Revision C of the specification has imposed additional testing criteria. The manufacturers of polycarbonate do perform product testing to verify that the product confirms to the specification. However, because of the stringent testing requirements of Rev C, manufacturers will not provide certification that their product meets all requirements.

Accomplishment of this requirement shall be in accordance with the Habitability Equipment Procurement Policy dtg R 031615Z20 MAR 20.

Ships store fixtures shall be in accordance with products listed in the US Navy Shipboard Furniture Catalog S9600-AD-GTP-010, Chapter 8, URL:

https://navlogtd.navy.mil/habitability/furnitureCataloghome.aspx?categoryld=46

The intent of this requirement is to deliver shelving pieces/heritage frames to Ships Stores Program for back-up inventory; to provide to ships stores in the fleet. These items are the current shipboard approved fixtures and merchandising plans.

The Contractor is to furnish labor and materials, remove any existing items in ships store, procure from the NAVSEA catalog, and install the following materials where indicated. Some of the Ships Store Fixtures may provide as GFM for installation in accordance with the following sections.

PAYMENT INFORMATION

Payment will be IAW the WAWF process. WAWF Table is:

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N50090 Issue by DoDAAC N00189 Admin DoDAAC** N00189 Inspect by DoDAAC N/A Ship To Code N00250 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N00250 Accept at Other DoDAAC N/A LPO DoDAAC N00250 DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/a

Delivery address:

Navy Exchange Service Command FLC Norfolk Building W143, Naval Station Norfolk, VA, 23452 Attn: Mr. Gene Hoffman

2.1 SHELVING UNITS.

Provide and install new, continuous, metal slat wall shelving units as identified below. Construction to be cold rolled steel, with slat wall panels a minimum 20-gauge, and vertical uprights to be minimum 11-gauge. Shelves shall be minimum 20-gauge, bull-nosed with double support for binning pegs. Construct with 12-gauge shelf brackets, and shelf brackets welded to shelf side frames. Procure and provide shelving system in accordance with the Habitability Equipment Procurement Policy message, R 031615Z20 MAR 20. Provide Metal Dynamics, Ltd. System 90, with standard Sea Pearl powder coat.

Metal Dynamics, Ltd. 30 East Tenth St. New Albany, IN 47150 (812) 949-7998.

A. Seven (7), NB4686-03, B-8A-65, Wire Binning; 4”H X 24”M, Finish Sea Pearl B. Two Hundred (200), B-8A-64, Wire Binning; 4”H X 36”M, Finish Sea Pearl C. Forty (40), B-8A-63 Wire Binning; 4”H X 48”M, Finish Sea Pearl D. Six Hundred (600), B-8A-69, Wire Binning; 6”H X 17”D, Finish Sea Pearl, NB4685-37 E. Fifty (50), NCB-48-76, Wall Color Band/Signage Channel; 6”H X 48”M, Graphic Channel, Finish

NEX Blue F. Fifty (50), NCB-24-76, Wall Color Band/Signage Channel; 6”H X 24”M, Graphic Channel, Finish

NEX Blue G. Two Hundred (200), NCB-36-76, Color Band; 6”H X 36”M, Finish NEX Spectrum Blue H. Two Hundred (200), NS4678-37, B-8A-59, Shelf; R.N., S.D., ADJ., 17”D X 36”M, Finish Sea Pearl I. Forty (40), NS4678-12, B-8A-61, Shelf; R.N., S.D. ADJ., 17” X 48”, Finish Sea Pearl J. Seven (7), NS4678-62, B-8A-60, Shelf; R.N., S.D. ADJ., 17”D X 24”, Finish Sea Pearl K. Two (2), NHWF-6072, Heritage Wall Frame; 60”H X 72”W, Sub Part NOS. 844-300/844-301, Finish

Texture Black L. Five (5), NHWF-3040, Heritage Wall Fame; 30”H X 40”W, Finish Texture Black

Contractor shall provide the sole-source items, per NAVSEA Catalog, (https://navlogtd.navy.mil/HABITABILITY/FurnitureCatalogHome.aspx?categoryId=46), Chapter 8, Metal Dynamics, Ltd, Ships Store Shelving Materials.

The contractor shall order items within five (5) days of contract award and will provide appropriate lead time to Fleet Logistics Center (FLC). Contractor shall maintain proof that order was placed within time specified, as acknowledged by subcontractor receipt of order.

The contractor shall ensure that all materials procured for installation shall comply with applicable specifications of material approved for shipboard use. Contractor shall provide a Certificate of Conformity from the manufacturer, if and when requested by the Contracting Officer.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 18 wks. ADC 7 NAVY EXCHANGE SERVICE COMMAND

GENE HOFFMAN

3280 VIRGINIA BEACH BLVD

VIRGINIA BEACH VA 23452

757-502-7472 FOB: Destination

N00250

0002 18 wks. ADC 200 (SAME AS PREVIOUS LOCATION)

0003 18 wks. ADC 40 (SAME AS PREVIOUS LOCATION)

0004 18 wks. ADC 600 (SAME AS PREVIOUS LOCATION)

0005 18 wks. ADC 50 (SAME AS PREVIOUS LOCATION)

0006 18 wks. ADC 50 (SAME AS PREVIOUS LOCATION)

0007 18 wks. ADC 200 (SAME AS PREVIOUS LOCATION)

0008 18 wks. ADC 200 (SAME AS PREVIOUS LOCATION)

0009 N/A N/A N/A N/A

0010 18 wks. ADC 7 NAVY EXCHANGE SERVICE COMMAND

GENE HOFFMAN

3280 VIRGINIA BEACH BLVD

VIRGINIA BEACH VA 23452

757-502-7472

0011 18 wks. ADC 2 (SAME AS PREVIOUS LOCATION)

0012 18 wks. ADC 5 (SAME AS PREVIOUS LOCATION)

0013 18 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

0014 18 wks. ADC 240 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

NOV 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

NOV 2023

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.243-1 Changes--Fixed Price AUG 1987 52.246-1 Contractor Inspection Requirements APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

The Government intends to award a firm-fixed price contract to Metal Dynamics LTD. Metal Dynamics is the sole source manufacturer (Original Equipment Manufacturer - OEM), and distributor of shelving pieces/heritage frames to Ships stores in the fleet. The intent of this requirement is to deliver shelving pieces/heritage frames to Ships Stores Program for back-up inventory; to provide to ships stores in the fleet. These items are the current shipboard approved fixtures and merchandising plans. This acquisition is being conducted in accordance with FAR Part 12 and FAR Part 13.3.

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

(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 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 2004s) (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: [Contracting Officer check as appropriate.]

___ (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.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

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]

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

C).

(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.

___ (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (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 Award (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]

____ (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. 657s).

____ (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).

____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (27) 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)).

(28) 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)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (NOV 2023) (E.O. 13126).

X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (35)(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 (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (39)(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).

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.)

____ (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.)

____ (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.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (44)(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.

____ (45)(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.

____ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (47)(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 (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (53)(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].

____ (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.

____ (54) 52.225-5, Trade Agreements (NOV 2023) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (55) 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).

____ (56) 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).

____ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (60) 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).

____ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (67)(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.

(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.]

_____ (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 for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (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. 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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(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 (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (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.

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

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

13496). Flow down…