N3904025Q3005 Combined Synopsis Solicitation.pdf
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- Trucking Services - Portsmouth Naval Shipyard
- Solicitation number
- N3904025Q3005
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This is a combined synopsis/solicitation for carrier/trucking services issued by the Portsmouth Naval Shipyard. The solicitation (N3904025Q3005) is a 100% small business set-aside for long-distance specialized freight trucking services between Portsmouth Naval Shipyard in Kittery, ME and Naval Submarine Base New London in Groton, CT. The base period of performance is from 08/12/2025 to 06/11/2026, with an option period from 06/12/2026 to 08/11/2026.
Vendors must submit quotes via email by June 13, 2025, at 5:00 PM ET, including a completed Request for Quote (RFQ), technical specifications of vehicles, and driver documentation. Quotes will be evaluated on technical acceptability, price, and past performance, with the government selecting the lowest-priced technically acceptable offeror. Vendors must be registered in the System for Award Management (SAM) and provide vehicle specifications, commercial labor rates, and pricing details. The solicitation incorporates numerous Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses related to commercial items and services.
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COMBINED SYNOPSIS/SOLICITATION NOTICE:
Requirement Title: Carrier/Trucking Services
Solicitation Number: N3904025Q3005
Response Deadline: June 13, 2025, at 5:00 PM ET
POC: David Agea - david.a.agea.civ@us.navy.mil
GENERAL INFORMATION:
1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the information in FAR Subpart 12 and FAR 13 using Simplified Acquisition Procedures, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. Paper copies of this solicitation will not be available. This combined synopsis/solicitation SHALL be posted on SAM.gov.
2. This solicitation documents and incorporates provisions and clauses in effect through FAC 2025-03, Effective Date: 1/017/2025 and DFARS Change 2025-0117. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.
The clauses may be accessed in full text at these addresses:
https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/change_notices.html.
3. This solicitation is being issued as: Request for Quotation (RFQ)
4. This acquisition is for: 100% Total Small Business Set-Aside
5. North American Industry Classification System Code (NAICS): 484230 Specialized Freight (except Used Goods) Trucking, Long-Distance
6. The size standard is: 34 (millions of dollars)
REQUIREMENT INFORMATION:
The Portsmouth Naval Shipyard requests responses from sources capable of providing trucking services between the Portsmouth Naval Shipyard Kittery, ME and Naval Subbase New London Groton, CT in accordance with the Statement of Work.
Period of Performance: Base 08/12/2025 to 06/11/2026 and option 06/12/2026 – 08/11/2026 Place of Performance: Naval Submarine Base New London, Groton, CT
ATTACHMENTS
N3904025Q3005 Attachment 1 – Statement of Work N3904025Q3005 Attachment 2 - OPSEC Contract Requirements N3904025Q3005 Attachment 3 -Wage Determination 2015-4111 N3904025Q3005 Attachment 4 -Wage Determination 2015-4011
METHOD OF PROPOSAL SUBMISSION:
Offers shall be emailed. All responsible sources may submit a quote which shall be considered by the agency.
System for Award Management (SAM): Vendors must be registered in the SAM database to be considered for award.
Registration is free and can be completed on-line at http://www.sam.gov/.
All quotes shall include the embedded Request for Quote (RFQ). All quotes must have the highlighted sections completed.
Please make sure to include all technical data sheets and information relating to the rental equipment.
REQUEST FOR QUOTE (RFQ)
PLEASE PROVIDE DELIVERED PRICES, AVAILABILITY, AND PRICE SOURCE WITH QUOTE
PLEASE COMPLETE ALL HIGHLIGHTED AREAS. THANK YOU.
REFERENCE # N3904025Q3005 DUE DATE: 6/13/2025 5:00 PM (ET)
From: Portsmouth Naval Shipyard Your company info:
david.a.agea.civ@us.navy.mil Name:
Contracting, Code 410.2 POC:
Portsmouth, NH 03801-2590 Phone:
PHONE: 207-994-0614 Email:
DUNS:
EIN:
Cage Code:
BUSINESS SIZE: SMALL o r L A R G E PAYMENT TERMS % DAYS
MOBILIZATION TIME: ARO PRICES DERIVED FROM (CHECK ONE)
F.O.B. DESTINATION, Y N COMMERCIAL PRICE LIST DATED
IF NO, SHIPPING COST . INTERNAL PRICE LIST DATED
OTHER (PLEASE EXPLAIN)
Please indicate your preferred payment method by checking one of the options below. Payment options available are WAWF and GCPC: Government Commercial Purchase Card (up to $100,000). Please ensure that you register for WAWF (www.wawftraining.com)
GCPC_____ WAWF (Wide Area Workflow) ____
*Please note that purchase card orders are not paid up front. Once material is received, a government cardholder may be contacted for purchase card information.
_X I f checked, to be awarded on an “All or None” basis, and CPARS evaluation procedures apply.
YOUR SIGNATURE DATE _ _ _ _ _ _ _ _ _ _
ITEM DESCRIPTION EST. POP UNIT UNIT
PRICE
TOTAL
0001 Trucking Services to be provided in accordance with the SOW (see attachment 1)
08/12/2025 to 06/11/2026
43 Weeks
1001 Option - Trucking Services to be provided in accordance with the SOW
(see attachment 1)
06/12/2026 – 08/11/2026
9 Weeks
GRAND TOTAL
Period of Performance: Base 08/12/2025 to 06/11/2026 and option 06/12/2026 – 08/11/2026 Place of Performance is: Naval Submarine Base New London, Groton, CT As necessary, please provide published commercial labor rates and breakdown of total prices, if applicable, for Price Justification purposes.
Offeror shall provide specifications of the vehicle being quoted for transportation services and applicable driver supporting documentation for evaluation.
CLAUSES:
Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. The following FAR provisions and clauses are applicable to this procurement:
52.204-7 System for Award Management 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-17 Ownership or Control of Offeror 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 52.204-21
Incorporation by Reference of Representations and Certifications Basic Safeguarding of Covered Contractor Information Systems
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed Debarment 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law
52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.
52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services
52.217-5 Evaluation of Options 52.217-8 Option to Extend Services 52.217-9 Option to Extend the Term of the Contract 52.222-3 Convict Labor 52.222-19 Child Labor – Cooperation with Authorities and Remedies 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-50 Combating Trafficking in Persons 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons 52.225-13 Restrictions on Certain Foreign Purchases 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to
Iran—Representation and Certifications 52.226-7 Drug-Free Workplace 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-33 Payment by Electronic Funds Transfer-System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes 52.233-3 Protest After Award 52.242-15 Stop-Work Order 52.243-1 Changes Fixed Price 52.246-1 Contractor Inspection Requirements 52.246-4 Inspection of Services – Fixed Price 52.247-34 F.O.B. Destination 52.252-1 Solicitation Provisions Incorporated by Reference 52.252-2 Clauses Incorporated By Reference 52.252-6 Authorized Deviations in Clauses
DFARS contract terms and conditions applicable to this procurement are:
252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7003 Control Of Government Personnel Work Product 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations.
252.223-7004 Drug-Free Work Force 252.225-7048 Export-Controlled Items 252.231-7000 Supplemental Cost Principles 252.223-7008 Prohibition of Hexavalent Chromium 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 Wide Area Workflow Payment Instructions 252.232-7010 Levies on Contract Payments 252.243-7001 Pricing of Contract Modifications 252.244-7000 Subcontracts for Commercial Items 252.247-7023 Transportation of Supplies by Sea
NAVSEA Clauses, contract terms and conditions applicable to this procurement are:
C-202-H001 ADDITIONAL DEFINITIONS – BASIC
C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (OCT
2018)
C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)
C-223-H003 EXCLUSION OF MERCURY (NAVSEA) (MAR 2019)
C-223-N002 RESTRICTIONS ON USE OF YELLOW MATERIAL (NAVSEA) (OCT
2018)
C-247-H001 PERMITS AND RESPONSIBILITIES (NAVSEA) (DEC 2018)
D-211-H002 MARKING OF REPORTS (NAVSEA) (OCT 2018)
D-247-H002 PACKAGING OF SUPPLIES—BASIC (NAVSEA) (DEC 2020)
D-247-H004 MARKING AND PACKING LIST(S) – BASIC (NAVSEA) (FEB
2022)
D-247-W001 PROHIBITED PACKING MATERIALS (NAVSEA) (OCT 2018)
F-211-W001 PARTIAL DELIVERIES (NAVSEA) (OCT 2018)
F-242-H001 CONTRACTOR NOTICE REGARDING LATE DELIVERY
G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT
OFFICE (NAVSEA) (JUN 2018)
G-232-H004 GOVERNMENT PURCHASE CARD METHOD OF PAY (NAVSEA) (OCT 2018)
G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN
2019)
G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND
RESPONSIBILITIES (NAVSEA) (OCT 2018)
G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (OCT 2018)
H-209-H003 REQUIRED DISCLOSURE OF ORGANIZATIONAL CONFLICT OF INTEREST (NAVSEA)
(NOV 2022)
L-212-W001 TECHNICAL PROPOSAL – SPECIFIC REQUIREMENTS – COMMERCIAL ITEMS (NAVSEA)
(OCT 2018
L-212-W002 PRICE PROPOSAL – SPECIFIC REQUIREMENTS – COMMERCIAL ITEMS (NAVSEA) (OCT 2018)
FULL TEXT PROVISONS & CLAUSES:
ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (DEVIATION
2018-O0018) (NOV 2021)
I. GENERAL
In addition to FAR 52.212-1, “Instructions to Offerors – Commercial Products and Commercial Services” and any other instructions contained elsewhere in this solicitation, the following information is provided: Objections to any of the terms and conditions of the RFQ will constitute a deficiency which will make the offer unacceptable.
IMPORTANT NOTES:
Vendors shall respond to all requirements of the solicitation document. Vendors are cautioned not to alter the solicitation.
Initial quotes and any modifications thereto are to be submitted to the Contracting Office on or before the closing dated time cited elsewhere in this Request for Quote.
Responses should be submitted via email only Please review all specifications carefully.
The vendor is responsible for submitting all information as requested in ADDENDUM TO 52.212-1
“Instructions to Offerors – Commercial Items” and L-212-W001 TECHNICAL PROPOSAL – SPECIFIC REQUIREMENTS – COMMERCIAL ITEMS (NAVSEA) (OCT 2018) and L-212-W002 PRICE PROPOSAL
– SPECIFIC REQUIREMENTS – COMMERCIAL ITEMS (NAVSEA) (OCT 2018)
The details of any/all exceptions taken to the specification.
II. CONTENT OF QUOTE
1. Technical Acceptability Submission of technical information demonstrating compliance with the specifications, including, but not limited to:
Vendors will be required to submit a quote that will be evaluated in accordance with the specifications and provisions of the solicitation. Vendors are reminded to submit technical description as specified in FAR 52.212-1(b)(4) and L-212-W001 TECHNICAL PROPOSAL – SPECIFIC REQUIREMENTS –
COMMERCIAL ITEMS (NAVSEA) (OCT 2018)
Capability Statement: contractors’ process/procedures, provide information/examples of past performance/work completed and equipment for completing hydraulic oil offloading/onloading
Brochures pertaining to the pieces of equipment being used, to include, but not limited to pictures of the equipment, and technical specifications of the equipment including model/series unit demonstrating compliance with the PWS and specifications. These should be readily identified by the item’s ID number.
2. Price:
Vendors are reminded to submit pricing as specified in FAR 52.212-1(b)(6) and L-212-W002 PRICE
PROPOSAL – SPECIFIC REQUIREMENTS – COMMERCIAL ITEMS (NAVSEA) (OCT 2018)
The vendor shall submit one (1) signed copy of the completed Request for Quote (RFQ), and if applicable, executed copies of all Amendments. The Price Factor will not be scored or rated. The prices quoted shall be in accordance with the solicitation and will be evaluated on the basis of price reasonableness in accordance with FAR 13.106-3. Price Quotes shall be held firm for thirty (30) days.
Vendors shall include pricing for all line items listed. Failure to do so may be cause for rejection of the quote for all line items. The Price will be evaluated as Lowest Price Technically Acceptable; however.
Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information by the requested deadline may result in disqualification of the submitted quote.
Selection: The Government intends to evaluate quotations and issue an award using the procedures of FAR Part 13.5, Simplified Procedures for Certain Commercial Items. The Government shall select the vendor whose quotation is the lowest priced technically acceptable offeror.
The completion and submission of the above items will constitute a quote and will be considered the vendor’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits hereto. An objection to any of the terms and conditions of the solicitation will constitute a deficiency which will make the offer unacceptable. Potential contractors will be screened for contractor responsibility in accordance with FAR Subpart 9.1.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(Tailored)
(a) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The contract will be awarded to the vendor with the Lowest Price Technically Acceptable. Quotes will be evaluated based on the following criteria:
1. Technical Acceptability
(i) Must meet specifications and document capabilities
2. Price
3. Past Performance
Vendors will be required to submit a quote that will be evaluated in accordance with the specifications provided in the solicitation, FAR 52.212-1 Instruction to Offerors, L-212-W001 TECHNICAL PROPOSAL – SPECIFIC REQUIREMENTS – COMMERCIAL ITEMS (NAVSEA) (OCT 2018) and L-212-W002 PRICE PROPOSAL – SPECIFIC REQUIREMENTS – COMMERCIAL ITEMS (NAVSEA) (OCT 2018). Failure to include pricing for all line items shall be cause for rejection of the quote for all line items.
1. TECHNICAL ACCEPTABILITY
The Government will evaluate the Vendor's Technical Submission for completeness and determine if the products and services being offered comply with the Statement of Work and Solicitation.
Shall provide technical documentation/specification data sheet of the vehicles being quoted on in fulfilling the Statement of Work.
Shall provide supporting documents of the drivers for the services being provided in accordance with the Statement of Work.
Technical Evaluation Ratings Rating Description Acceptable Submission clearly meets the minimum requirements of the solicitation Unacceptable Submission does not clearly meet the minimum requirements of the solicitation
Note: If the technical submittal is determined “Unacceptable”, it renders the entire quote technically unacceptable.
Technical submissions that do not meet the minimum requirements will be rated as “Unacceptable” and will no longer be considered for further competition or award.
2. PRICE
The Price Factor will not be scored or rated. The vendor’s Quotation will be evaluated for completeness and reasonableness in accordance with FAR 13.106-3.
Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.
The Portsmouth Naval Shipyard intends to award this contract as a single award.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.
Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
3. PAST PERFORMANCE
Past Performance: Vendors will be reviewed by the Contracting Office using CPARS/FAPIIS and other applicable sources for the means of determining past performance.
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 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 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: [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.
X (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]
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 (FEB 2024) (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 Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
X (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (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 (FEB 2024) (E.O. 13126).
(33) [Reserved]
(34) [Reserved]
____ (ii) Alternate I (FEB 1999) of 52.222-26.
____ (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.
____ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
____ (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.)
X (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).
____ (46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
____ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41
U.S.C. chapter 83).
____ (ii) Alternate I (OCT 2022) of 52.225-1.
____ (49) (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 (FEB 2024) of 52.225-3.
____ (v) Alternate IV (OCT 2022) of 52.225-3.
____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
____ (51) 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).
____ (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. Subtitle A, Part V, Subpart G 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).
X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513).
____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
____ (57) 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).
____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C.
3332).
____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (64) (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.]
X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
X (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).
X (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).
X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).
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. 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 (FEB 2024) (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) [Reserved]
(x) [Reserved]
(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 required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 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.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
******* END OF COMBINED SYNOPSIS/SOLICITATION *******
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