N4523A20Q1317.pdf

SEE ADDENDUM

(No Collect Calls)

N4523A20Q1317 11-Sep-2020

b. TELEPHONE NUMBER

360-476-9505

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 16 Sep 2020

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.

N4523A9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NICHOLAS A CROWELL

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

N4523A20RC37081

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

N4523A PSNS&IMF

C440

COMMAND SERVICES CONTRACTING SUPPORT

1400 FARRAGUT AVE

BREMERTON WA 98314-2026

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 N4523A 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL AIR STATION NORTH ISLAND

GOVERNMENT REPRESENTATIVE

PIER JULIET (J) BLDG. 75 ROE STREET

SAN DIEGO CA 92135

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

532490

X

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 OF26

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.

N4523A20Q1317

Section SF 1449 - CONTINUATION SHEET

CLAUSES INCORPORATED BY REFERENCE

52.217-9 Option To Extend The Term Of The Contract MAR 2000 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.225-7048 Export-Controlled Items JUN 2013

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

3 Months

Low Pressure Air Compressor (LPAC) Lease

FFP

Leasing of two (2) LPAC systems. Each system shall be capable of supplying up to 1,500 SCFM of oil-free compressed air at 120 psig, with a dew point no greater than -40 deg. F. The LPAC systems shall be electrically-powered and include all accessory components necessary to provide the required compressed air. The LPAC systems provided by the contractor will be installed outdoors, in a marine environment, on a pier next to a carrier and shall provide compressed air to the ship with widely varying air flow rates. The LPAC systems shall be stand-alone, turn-key systems capable of unattended operation.

FOB: Destination

MILSTRIP: N4523A20RC37081

PURCHASE REQUEST NUMBER: N4523A20RC37081

PSC CD: W099

NET AMT

1 Months

OPTION Low Pressure Air Compressor (LPAC) Lease

FFP

Leasing of two (2) LPAC systems. Each system shall be capable of supplying up to 1,500 SCFM of oil-free compressed air at 120 psig, with a dew point no greater than -40 deg. F. The LPAC systems shall be electrically-powered and include all accessory components necessary to provide the required compressed air. The LPAC systems provided by the contractor will be installed outdoors, in a marine environment, on a pier next to a carrier and shall provide compressed air to the ship with widely varying air flow rates. The LPAC systems shall be stand-alone, turn-key systems capable of unattended operation.

FOB: Destination

MILSTRIP: N4523A20RC37081

1 Months

OPTION Low Pressure Air Compressor (LPAC) Lease

FFP

Leasing of two (2) LPAC systems. Each system shall be capable of supplying up to 1,500 SCFM of oil-free compressed air at 120 psig, with a dew point no greater than -40 deg. F. The LPAC systems shall be electrically-powered and include all accessory components necessary to provide the required compressed air. The LPAC systems provided by the contractor will be installed outdoors, in a marine environment, on a pier next to a carrier and shall provide compressed air to the ship with widely varying air flow rates. The LPAC systems shall be stand-alone, turn-key systems capable of unattended operation.

FOB: Destination

MILSTRIP: N4523A20RC37081

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 25-SEP-2020 TO

25-DEC-2020

N/A NAVAL AIR STATION NORTH ISLAND

GOVERNMENT REPRESENTATIVE

PIER JULIET (J) BLDG. 75 ROE STREET

SAN DIEGO CA 92135

FOB: Destination

N4523A

1001 POP 25-DEC-2020 TO

25-JAN-2021

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 25-JAN-2021 TO

25-FEB-2021

N/A (SAME AS PREVIOUS LOCATION)

PWS

Performance Work Statement (PWS)

1 BACKGROUND

In support of maintenance being conducted at Naval Air Station North Island (NASNI) in San Diego, CA, Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS & IMF) require two (2) each self contained temporary Low Pressure Air Compressor (LPAC) systems.

Each system shall be capable of supplying up to 1,500 SCFM of oil-free compressed air at 120 psig, with a dew point no greater than -40 deg. F. The LPAC systems shall be electrically-powered and include all accessory components necessary to provide the required compressed air. The LPAC systems provided by the contractor will be installed outdoors, in a marine environment, on a pier next to a carrier and shall provide compressed air to the ship with widely varying air flow rates. The LPAC systems shall be stand-alone, turn-key systems capable of unattended operation.

The rental period shall be from September 25, 2020 to December 25, 2020 (3-months) with options to extend the rental period in one (1) month increments until February 25, 2021 (2 additional optional months).

Throughout this PWS, each complete LPAC system will be referred to as a “compressor system”.

2 SCOPE

The contractor shall provide all management, labor, equipment, tools and parts as necessary to provide and support, during the duration of the contract, two (2) each self-contained compressor systems capable of supplying compressed air per the requirements set forth in this PWS.

2.1 The contractor shall provide the following services.

2.1.1 Delivery of all components and supporting materials and documentation to the project site, Pier J at NASNI.

2.1.2 Set-up of each compressor system.

2.1.3 Start-up of each compressor system.

2.1.4 Training of government compressor operators at NASNI. Training materials shall be provided to each attendee by the contractor.

2.1.5 Perform all preventative maintenance tasks for each compressor system.

2.1.6 Perform all repairs as necessary to keep the compressor systems functioning to the requirements of this PWS on an on-call basis.

2.1.7 Retrieve both compressor systems from NASNI at the conclusion of the contract.

2.2 The government will provide, and connect to each compressor system, both electrical power and system air discharge hoses upon completion of compressor system installation.

3 DELIVERABLE ITEMS

The contractor shall provide two (2) complete fully automatic, self-regulating compressor systems suitable for a 460VAC, 3-phase, 60Hz power supply. The compressor systems shall include all alarms and indicators required for safe operation and monitoring of the complete system. The compressor systems shall be designed and installed so that each system will only require periodic monitoring by government compressor operators after start up.

Each compressor system shall function as a self-contained, stand-alone system and will be connected to the government air supply distribution system as shown in Figure 1. Each compressor system shall include, at a minimum, the following components.

3.1 LOW PRESSURE AIR COMPRESSOR

3.2.1 The air compressor shall be capable of providing up to 1,500 SCFM of oil-free air at a discharge pressure adequate to provide the discharge pressure from the compressor system at 120 psig.

3.2 AIR DRYER

3.2.1 The Air Dryer shall be a twin-tower, self-regenerating desiccant dryer. The Air Drier shall dry the compressed air (up to 1,500 SCFM at 120 psig) to a dew point of negative forty (-40) degrees F or lower. The dryer shall be twin-tower, self-regenerating desiccant air dryer with the associated hoses to connect to the compressor.

3.2.3 Each compressor system shall be capable of supplying 1,500 SCFM (minimum) of dry air at a pressure of 120 psig and a maximum dew point of -40 deg. F.

3.3 AFTERCOOLER

3.3.1 The contractor shall provide an air-cooled aftercooler for each compressor system. The aftercooler shall maintain the discharged air to within 15ºF of ambient temperature for the worstcase compressor load of 1,500 SCFM at 120 psig. The aftercooler shall include, at a minimum, the following features.

3.3.1.1 An automatic water drain trap for the discharge of all condensate.

3.3.1.2 The condensate outlet shall be a one (1) inch male cam and groove fitting (Aadapter) with a cam and groove cap tethered to the discharge piping.

3.3.1.3 The compressed air outlet shall include a temperature gauge and pressure gauge capable of being easily read by the compressor operators during the routine system checks. Both gauges shall be newly calibrated. The contractor shall provide the government copies of all calibration documentation at start-up.

3.4 COMPRESSED AIR RECEIVER

3.4.1 The contractor shall provide an air receiver for each compressor system. The receiver shall be sized to provide a continuous, steady state supply of 1,500 SCFM of air at pressures up to 120 PSIG and to keep compressor cycling within the compressor manufacturer’s recommendation, or 1/7 cubic foot per compressor SCFM, whichever is greater.

3.4.2 The receivers shall be an American Society of Mechanical Engineering (ASME) stamped receiver.

3.4.2 The safety relief valve installed on each receiver shall bear tags indicating the setpoint and test date. The valve protecting the receiver shall be an ASME relief valve and shall have intact wire seal(s).

3.4.3 Relief valve isolation valves are permitted. If a relief valve isolation valve is installed, the requirements of ASME Boiler and Pressure Vessel Code Non-mandatory Appendix M and the following requirements must be met:

a. The isolation valve(s) shall be locked open by a strap which will be broken if the valve is closed.

b. When an isolation valve is closed, isolating the receiver from the relief valve, the valve shall also isolate the receiver from the compressor.

c. The operating manual shall include a requirement that the isolation valve shall remain open while the receiver is pressurized above 15 psi.

3.5 COMPRESSOR SYSTEM CONTROLS

3.5.1 The controls for each compressor system shall be capable of being adjusted to supply compressed air pressures up to 120 psig. The controls shall be capable of maintaining the discharge pressure +0, -10 psi of the discharge pressure setpoint.

Normal operating setpoint will be 110 psig. The compressor controls shall automatically unload the compressor when the supply pressure reaches the pressure setpoint and reload when the discharge pressure reaches 10 psi below the discharge pressure setpoint. Load/unload compressor operation shall be automatic for flow rates up to 1,500 SCFM.

3.6 OPERATION AND MAINTENANCE MANUALS

3.5.1 The contractor shall provide three (3) sets of Operation and Maintenance manuals (O&M) for the compressor systems. One (1) copy will be provided to the office of the Technical Points of Contact located in Bremerton, WA.

4 ADDITIONAL REQUIREMENTS

4.1 The contractor shall provide all hoses necessary to connect all components included in each complete compressor system.

4.2 The outlet connection from each compressor system shall be a three (3) inch male cam and groove fitting (A-Adapter).

4.3 The compressed air supplied by the compressor shall be oil-free capable of supplying air dry enough to support copper slag and steel shot blasting operations.

4.4 A current certificate of inspection shall be attached to each pressure vessel in the compressed air systems, indicating inspection by a state pressure vessel inspector (from any US state) or a private National Board certified inspector. A copy of all NB certificates shall be provided to the Government Surveillence Officer (GSO), para. 9.1.

4.5 Each compressor system shall have a metal plate attached to the equipment with the following information stamped on the plate: (1) air capacity (SCFM), (2) maximum supply pressure, (3) electrical power requirement (voltage, phases, and amperage), (4) rated horsepower and (5) RPM rating. Each major component of the systems, including, but not limited to the compressor, electric motor and the purification system shall have a metal plate attached to the equipment with the following information stamped on the plate: (1) manufacturer’s name, address and phone number, (2) mfr. model number and (3) mfr. serial number. No metal stamping is permitted on any surface subjected to high stresses in service, except as permitted by the applicable portions of the ASME Boiler and Pressure Vessel Code.

4.6 The air compressor and associated auxiliary equipment shall be capable of being operated on a continuous 24 hours per day basis for an 8-day period without requiring shut down for maintenance.

4.7 The compressor system package dimensions, not including the aftercooler or air dryer, shall not exceed twenty (20) feet long by eight (8) feet high by eight (8) feet wide.

4.8 The air compressor and all compressor system components shall comply with the applicable ASME Boiler and Pressure Vessel code.

4.9 All electrical components and installations shall meet the requirements of NFPA 70.

4.10 Contracted work must comply with all applicable local, state, and federal regulations.

4.11 The contractor shall have a well-established standardized safety program.

5 CONTRACTOR FURNISHED MATERIAL/SERVICES

5.1 MATERIALS

5.1.1 The contractor shall deliver and retrieve all compressor system components, preventative maintenance materials as described in Section 3 above to/from NASNI, Pier J, in San Diego, CA.

5.2 SERVICES

5.2.1 INSTALLATION: The contractor shall assemble all the components for each compressor system.

5.2.2 TRAINING: The contractor shall provide on-site start-up training on the operation and maintenance of the compressor system. Training will be held at NASNI at a site designated by the government. The contractor shall provide each trainee copies of all training literature with the exception of the O&M manuals.

5.2.3 PREVENTATIVE MAINTENANCE

5.2.3.1 The contractor shall conduct all preventative maintenance on the equipment in accordance the manufacturer's recommended maintenance procedures, with the exception of changing the filters (if used) and monitoring oil levels.

5.2.3.2 If the compressor system will need to be taken out of service to conduct this service, the contractor shall notify the GSO and obtain permission twenty-four (24) hours prior to securing the compressor.

5.2.3.3 The contractor shall provide a copy of the preventative maintenance plan to the GSO at system start-up and shall provide a copy of all completed preventative maintenance reports to the GSO on completion of the maintenance.

5.2.3.4 The contractor shall supply all parts, materials and labor required to perform all preventative maintenance tasks.

5.2.4 EMERGENT REPAIRS AND/OR MAINTENANCE

In the event of an equipment failure, the contractor shall supply a manufacturer’s technical representative or mechanic certified by manufacturer to repair or replace the compressor within eight (8) hours of notification of a problem. This requirement shall be in effect 24 hrs/day, including weekends and holidays.

5.3 PREPARATION FOR DELIVERY.

5.3.1 Prior to delivery, the contractor shall ensure all compressor system components are clean, have new filters (if used) and fluids, have no deferred maintenance, and is fully operational with all operating parameters within the limits prescribed in the manual. If the compressors and associated components cannot be made fully operational within 48 hours of delivery, the contractor shall replace the compressor with a fully operational compressor system, or may, at the government’s option, be declared to be in default of the contract.

5.3.2 The compressors and associated components must be preserved and packaged per the manufacturer's commercial practice. Packing shall be in a manner that will insure acceptance by a common carrier, safe delivery at the destination, and acceptance at the destination by the GSO. The shipping container and method of packing must comply with the Uniform Freight Classification Rules or other carrier regulations as applicable to the mode of transportation.

6 GOVERNMENT FURNISHED MATERIAL/SERVICES

6.1 The government will provide and connect electrical power (460-volt, 3-phase) to the compressor systems and connect temporary compressed air hoses from the compressor system outlet connections to the government distribution system as required.

6.2 The government will provide services for the following maintenance.

6.2.1 Filter change-out (if required). The GSO will notify the contractor when filters have been changed.

6.2.2 Periodic oil level monitoring. The GSO will contact the contractor in the event oil levels are below the required operating levels.

7 QUALITY ASSURANCE REQUIREMENTS

7.1 Purpose: To ensure that the Government has an effective and systematic method of surveillance for the services provided per this PWS. The QASP will be used primarily as a tool to verify that the contractor is performing all services and delivery/installation of replacement parts required by the PWS in a timely, accurate and complete fashion.

7.1.1 Performance Measurement: Performance will be measured in accordance with the following table:

Primary Performance Objectives Performance Standard/AQL

Performance Assessment Method

Services provided such that repaired equipment functions as intended

100% compliance Inspection performed by Contracting Officer’s Rep/Government Surveillance Officer

Provide services to meet delivery schedule

100% compliance Contracting Officer’s Rep/Government Surveillance Officer and product and services documents

Contractor maintain close liaison and good communication with Government

Any problems or questions encountered by either party are addressed within 24 hours (1 business day)

Contracting Officer’s Rep/Government Surveillance Officer and reports

AQL = Acceptable Quality Level If performance is within acceptable levels, it will be considered to be satisfactory. If not, overall performance may be considered unsatisfactory.

8 SECURITY REQUIREMENTS: Visitors Request, and Green Badge access required.

8.1 Within 6 hours of award the contractor shall coordinate arrival information with Jacob Mapes at 360-340-7796 to gain access to Naval Air Station North Island (NASNI).

If Mr. Mapes is unavailable his backup is Pat Cox 360-340-7207. While at NASNI the contractor shall at all times be escorted by a Red Badge government representative while on the premises.

8.2 Contractors must possess either a DOD-issued Common Access Card (CAC) or a Navy Commercial Access Control System (NCACS) “RAPID Gate” card to access Naval Air Station North Island. Contractor may obtain daily passes directly from the individual Navy Installations by completing a Department of the Navy Local Population ID Card/Base Access Pass registration (SECNAV 5512/1), submitting identification credentials for verification, undergo a National Crime Information Center (NCIC) screening/background check, and be sponsored by a Government employee. Alternatively, if the Contractor so chooses, they may voluntarily elect to obtain long-term credentials through enrollment registration, background vetting, screening, issuance of credentials through a designated independent contractor NCACS service provider.

NCACS (RAPIDGate) Program Pass http://eidpassport.com/products/government/rapidgate Email: info@eidpassport.com Phone: Toll Free 1-855-243-8343 Local: 1-503-924-5300

**NOTE** If a Contractor has a past gross misdemeanor or felony in the past ten years, he or she may not be granted access to the NASNI base.

8.3 Contractor electronic devices, including cell phones and computers SHALL NOT be capable of photography or digital recording. All cameras being brought into the Controlled Industrial Area (CIA) area are required to have a camera permit (or equipment pass) and the operators attend training. Provide Make, Model, Serial Number, point of contact (POC) and POC phone number, purpose of device, time frame(s) for the use and provide to Government Surveillance Officer prior to 5 working days before arrival onsite. Government Surveillance Officer (GSO) will forward info to C/1121 for planning when the operator and device will arrive. CAMERAS CANNOT BE BROUGHT INSIDE ANY CIA WITHOUT A VALID PASS IN HAND. The operator(s) of the camera will receive training by C/1121 personnel then be issued a pass.

9 TRAVEL REQUIREMENTS: The contractor shall arrange delivery of the compressors (2 ea.) and associated components to and from NASNI, Pier J, in San Diego, CA. No travel accommodations will be made.

10 GOVERNMENT REPRESENTATIVES

10.1 GOVERNMENT SURVEILLANCE OFFICER (GSO): TBD

10.2 PROJECT POINT OF CONTACT:

Provided at Award

10.3 TECHNICAL POINTS OF CONTACT:

Provided at award

11 OTHER CONSIDERATIONS

11.1 ESTIMATED WORK HOURS: All deliveries and pickups shall be scheduled for accomplishment between the hours of 8:00AM and 4:00PM, Monday through Friday. The contractor shall inform the Government Surveillance Officer of all deliveries and pickups a minimum of twentyfour (24) hours in advance.

11.2 TECHNICAL CLARIFICATIONS: All technical clarifications will be coordinated through the Government Surveillance Officer.

11.3 ENVIRONMENTAL AND SAFETY CONCERNS: The contractor shall have a wellestablished standardized safety program.

11.4 DELIVERY COORDINATION: The contractor shall inform the Government Surveillance Officer of the specific time and date of low pressure air compressor systems delivery, a minimum of twenty-four (24) hours in advance.

11.5 LAY-DOWN AREA: The government will provide a lay-down area adequately sized for the rental equipment. The contractor shall contact the Government Surveillance Officer upon delivery for specific location.

11.6 DELIVERY AND PICK-UP: Delivery and pick-up of the compressor systems and all supporting materials shall be at Naval Air Station North Island’s Pier J, in San Diego, CA.

Contractor shall call and coordinate delivery time with Government Surveillance Officer, one hour prior to delivery.

11.7 FAULT TOLERANCE: Provide 24 hour a day, seven-day a week on-call at North Island Naval Air Station, CA. Contractor shall respond within 24 hours of verbal or written notification that the equipment has malfunctioned. The contractor shall replace the malfunctioning compressor if the compressed air system cannot be returned to service within 24 hours of being notified of the original malfunction. If the compressor suffers repeated failures or is not repaired or replaced within the stated time limit, the government may exercise its rights to terminate for cause per FAR clause 52.212-4.

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

JUN 2020

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (JUN 2020) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

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

DEC 2019

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

- Price:

- Cabilitity:

o Ability to provide equipment as specified in the PWS.

o Ability to proved services as specified by the PWS.

(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 or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 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 2020) (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.

____ XX (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) of 52.219-6.

____ (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.

X (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) (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.

____ (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).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 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.

____ (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 (MAY 2020) (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).

____ (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.)

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).

(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 Under Executive Order 13658 (DEC 2015) (E.O. 13658).

X (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…