QSDM-J3-223000-A_T10_FRS RFP (UCF).docx

SECTION A-SOLICITATION/CONTRACT

The following is a brief overview of several applicable conditions as they relate to any contract awarded as a result of combined synopsis/solicitation QSDM-J3-223000-A (Additional terms and conditions are found within this document):

1. TITLE: U.S. Department of the Army, Tank-Automotive & Armament Command (TACOM), Product Manager Engineer Maintenance & Support Equipment (PdM EMSE). This is a solicitation for the Forward Repair System (FRS). This contract vehicle is needed to procure replacement tools for the Army designed FRS tool load as well as individual components for replenishment.

2. PERIOD OF PERFORMANCE: Two year base requirements contract in accordance with (IAW) FAR 16.503 with three additional one year options IAW FAR subpart 17.2 (five years total). Estimated award date is December 8, 2022.

3. SCOPE: This solicitation is issued IAW FAR part 15 and will be advertised in SAM.gov “Contract Opportunities” utilizing NAICS 332216, Saw Blade and Handtool Manufacturing. This NAICS code, if not already, must be added to the contractor's SAM Representations and Certifications and Small Business Program Representations before award.

4. PROCUREMENT STRATEGY: Not set-aside for small business. GSA will award via Lowest Price Technically Acceptable (LPTA). Further details can be found in Section M.

5. PROPOSALS DUE BY: September 5, 2022, 5:00 PM CST.

7. This procurement is being awarded and administered by the General Services Administration, Region 6 Heartland Acquisition Center (HAC), Kansas City, MO, in support of the United States Army.

8. Point of Contacts: Amanda B. Foley, Amanda.Foley@gsa.gov , (816) 823-1929; and Ben Baellow, Ben.baellow@gsa.gov, (816) 823-1558.

SECTION B - SUPPLIES OR SERVICES AND PRICES

General Services Administration (GSA), Heartland Acquisition Center (HAC) is issuing a Request for Proposal (RFP) to establish a single award Requirements Contract with a two-year base and three additional one-year options. This is a solicitation for the Forward Repair System (FRS). This contract vehicle is needed to procure replacement tools for the Army-designed FRS tool load as well as individual components for replenishment. The FRS tool load provides field level maintenance and repair of combat systems in both the forward battle area and in non-combat areas stateside. The FRS includes a tool load, forward maintenance assembly, welding and cutting equipment, a compressor, a crane, and a generator. This unit can be described as a “maintenance shop on wheels,” manned by a two person crew. The FRS contains a large array of commercial off the shelf (COTS) tools and equipment, which have drawers with foam cut-outs designed for secure storage of each specific tool.

This will be a brand name requirement in accordance with (IAW) FAR 6.302-1(c). This procurement will include 1153 National Stock Numbers (NSNs). There will be 1152 NSNs for individual replenishment and 1 NSN for the tool load: 5180-01-584-8643.

This procurement will be solicited with NSNs along with manufacturer name and part numbers, product name, and product description that can be found on the Contractor Response Document Spreadsheet (CRDS). This acquisition will be awarded in the aggregate to one single contractor. Although it is preferred that a contractor offers 100% of the Contract Line Item Numbers (CLINs), due to the high number of items being solicited and the always changing market and manufacturing environments, for a proposal to be considered acceptable, a contractor must offer at least 90% of the CLINs (at least 1038 of the 1153 NSNs). The CLIN for the FRS tool load must be included in the CLINs offered. Contractors should make every effort to offer on all CLINs listed on the CRDS. This procurement is NOT set-aside for small business concerns.

This solicitation will use brand name descriptions which will specify a particular brand name product peculiar to their specific manufacturer. The estimate for this contract, if all options are exercised, is $45,000,000.00. Due to the potential high volume of this contract, volume discounts are requested for any proposals submitted.

The Government may award the contract without discussions, based on the initial proposals received. Accordingly, each initial proposal should be submitted complete, with lowest possible pricing, and without taking exception to any clause/provision. The Government also reserves the right to follow up, clarify, and/or verify any information submitted by offerors. Any contract resulting from the subject RFP will be made in accordance with the authority of Federal Acquisition Regulation (FAR) part 15 and will be established with the intent to cover ordering, shipping, and billing for merchandise purchased during the term of the contract.

A contract will only be established with a contractor who responds to the RFP by the closing date and time identified via SAM.gov. All proposals must be submitted via email to both the Contracting Officer and Contract Specialist with the subject line containing the solicitation number. In addition, the below NAICS code must be on the offerors’ Reps and Certs page via System for Award Management (SAM). The contract and any orders issued from it must adhere to all terms and conditions within this solicitation.

The resultant contract will have a maximum value of all combined orders set at $45,000,000. Therefore, the awarded contractor is required to fulfill orders up to this maximum value throughout the life of the contract. The contractor is not obligated to honor any orders with a value in excess of $45,000,000. This shall not be construed as a guarantee of contract value. The Government has no minimum or maximum guarantees for this requirement.

GSA intends to solicit the following NAICS:

Contractors shall utilize the CRDS to provide pricing.

(End of Section B - Supplies or Services and Prices)

SECTION C - DESCRIPTION/SPECIFICATIONS

This procurement will be solicited with NSNs along with manufacturer name and part numbers, product name, and product descriptions that can be found on the attached CRDS for all 1153 CLINs.

(End of Section C - Description/Specifications)

SECTION D- PACKAGING AND MARKING

CLAUSES INCORPORATED BY REFERENCE

of Hazardous Material (HAZMAT) for Shipment DFARS 252.211-7003 Item Unique Identification and Valuation MAR 2022 (252.211-7003 applicable to NSN 5180-01-584-8643 only)

Correctly mark, label, pack, and package orders destined for overseas shipping through a Defense Transportation System (DTS) Container Consolidation Point (CCP).

Shipments to the Department of Defense (DoD) shall be marked in accordance with MIL-STD-129. For full marking and labeling instructions please refer to Enclosures 3 and 4 in Section J.

(End of Section D - Packaging and Marking)

SECTION E - INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE TERMS - FOR ALL 1153 CLINs Supplies will be inspected at Destination by the Government.

(End of Section E - Inspection and Acceptance)

SECTION F - DELIVERIES

Delivery locations will be indicated on the individual delivery orders issued. These locations are determined by the customer’s needs. Contractors are responsible for delivery to CONUS locations, which can be anywhere in the Continental United States (CONUS). For any delivery order received with a delivery location outside of the CONUS, please contact the Contracting Officer for a CONUS freight forwarding address. It is possible that some delivery orders may contain a phone number which the contractor will need to call in order to receive the shipping address. This must be completed by the contractor before any shipment can be made.

Contractors are expected to maintain all delivery requirements throughout the contract performance period(s). Failure to meet the stated delivery timeframes in the RFP may result in termination of the contract. These requirements shall include:

· Provide real time order status (terminal-to-terminal updates) and tracking information (tracking number and carrier);

· Fully comply with transportation clauses for all applicable orders, notably:

· 552.211-77 Packing List (Feb 1996)

· 552.211-89 Non-Manufactured Wood Packaging Material for Export (July 2016)

In addition to those transportation clauses above, contractors shall also comply with these additional transportation clauses, for all applicable orders:

· 552.211-85 Consistent Pack and Package Requirements (Jan 2010)

· 552.211-86 Maximum Weight Weight per Shipping Container (Jan 2010)

· 552.211-87 Export Packing (Jan 2010)

· 552.223-73 Preservation, Packaging, Packing, and Marking and Labeling of Hazardous Material (HAZMAT) for Shipment (June 2015)

· 552.211-75 Preservation, Packaging, and Packing (Feb 1996)

· Identify all supplies via a standardized system by wholesale standard or common manufacturer part number(s).

· Correctly mark, label, pack, and package orders destined for overseas shipping through a Defense Transportation System (DTS) Container Consolidation Point (CCP).

FOB DESTINATION

The contractor shall ensure delivery to locations specified by GSA Global Supply as delineated on the order. FOB Destination is understood as the term defined in FAR Part 2 and in FAR 47.303-6. FOB Destination pricing should include all marking cost considerations to include MIL-STD-129 and the Item Unique Identification and Valuation requirements (DFARS 252.211-7003 applicable to NSN 5180-01-584-8643 only).

DAMAGED GOODS

Damaged goods are the contractors responsibility and liability. If ordered items are received in damaged condition, the contractor must deliver replacement items within the same awarded DARO after receipt of notification of damage, at the contractor’s expense. Replacement orders will be treated the same as the original order. For individual components the delivery timeframe is 15 calendar days or better, whichever is awarded. For the full FRS tool load the delivery timeframe is 60 calendar days or better, whichever is awarded. The contractor must provide a returned merchandise authorization (RMA) and prepaid shipping label with each replacement order.

FRUSTRATED FREIGHT

Frustrated freight occurs when items incorrectly marked, labeled, and/or packaged arrive at DoD and/or DLA facilities. Receiving personnel at these facilities are unable to determine the correct routing of the items based on the incorrect markings or packaging, and thus the freight becomes “frustrated.” DLA must then expend additional labor to remediate the frustrated freight. The additional labor costs associated with these remediation efforts are charged to GSA. These charges can and will be passed to the contractor responsible for the frustrated freight.

CHARGES FOR IMPROPER MARKING AND LABELING

If supplies shipped are not packaged, packed, and marked in accordance with the contract requirements, the Government has the right, without prior notice to the contractor, to perform the required repackaging/repacking/remarking, by contract or otherwise, and charge the contractor therefore at the following rates as authorized by GSAM Clause 552.211-76.

First Hour - $150.00 Each Additional Hours - $70.00 A minimum of 2 hours is required for each incident, making the minimum charge for remarking $220.00

The contractor may also be charged for material costs, if incurred. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract. The rate in the above clause shall be determined and may be periodically updated by the Commissioner, Federal Acquisition Service, or a designee.

SHIPMENT CONSOLIDATION

Shipments to the same customer, defined by the “Mark For” Activity Address Code (AAC) information, may be consolidated into appropriate unitized containers. Co-mingling of shipments destined to multiple customers (i.e.,shrink-wrap shipment to multiple customers on one pallet) is not allowed.

ADMINISTRATIVE OFF-SET

Failure of the contract holder to deliver may result in the offset of the direct cost of the Government to take remedial actions and/or the temporary cessation of orders.

For example, the cost of deploying Government or contractor personnel to a customer site to resolve and remediate the delivery of improper items, incorrect packaging and labeling resulting in frustrated freight, or late or missing deliveries will be quantified. The dollar value of the Government-supplied remedial labor will be multiplied by the number of hours Government personnel actually spend in actions directly related to mitigating the failure of a contract holder to perform. This value will be offset from GSA paid invoices in an amount and over a period of time allowed by regulation.

In addition to other remedial actions allowed under this contract, GSA reserves the right to administer offsets for orders delivered late in accordance with the terms of the contract for FRS. When applicable, offsets for poor on-time delivery will be administered as follows:

· For orders 1-5 calendar days late, offset 2% of the contract price for the applicable orders

· For orders 6-10 calendar days late, offset 3% of the contract price for the applicable orders

· For orders 11+ calendar days late, offset 4% of the contract price for the applicable orders

· For orders where tracking data is not entered or submitted by the contractor, thereby rendering the Government unable to evaluate on-time performance for said orders, an offset equal to 5% of the contract price for the orders identified

(End of Section F - Deliveries)

SECTION G - CONTRACT ADMINISTRATION DATA

FREQUENCY OF ORDERING

Frequency of orders will be dependent on the needs and requests of the customer.

INVOICING

After delivery, contractors shall submit Electronic Data Interchange (EDI) 810 invoices electronically. In the event of unforeseen issues with EDI invoicing, the contractor should employ other electronic methods to accomplish invoicing. Should other electronic methods fail, the contractor may mail invoices to:

GSA Accounts Payable Branch PO Box 419018 Kansas City, MO 64141

Contractors having any inquiries regarding payment details and status may contact GSA representatives at (816) 926–7287 during normal operating hours.

Contractors shall provide electronic acknowledgement to GSA of credit returns or refunds within 48 hours of receipt of notice. The acknowledgement will be covered by the EDI 810 transaction set.

Special Invoicing Instructions for Convenience Fees:

Contractors shall invoice no more than one approved convenience fee per delivery order (not at the line item level).

ELECTRONIC DATA INTERCHANGE

Contractors must be able to conduct business utilizing a standardized electronic method. All transactions will be submitted to and received by the prime contractor ONLY. Under the Delivery Orders, GSA will not conduct electronic transactions with the prime contractors, subcontractors or dealers. All electronic communications between GSA and the awarded contractor will be through the GSA EDI Gateway. Due to the potentially large volume of delivery orders, GSA's required method of communications for this FRS acquisition contract is EDI.

Please sign the EDI compliance form attached.

ORDER ADMINISTRATION

Any disputes arising from any awarded orders against the established contract that remain unresolved shall be subject to resolution in accordance with Contracting Terms and Conditions and Disputes clauses FAR 52.212-5(d) and FAR 52.233-1.

In addition, through submission of a proposal, the contractor agrees that, if throughout the life of this contract, it becomes necessary to remove any NSN for any reason, the Contracting Officer must be notified immediately. Due to the nature of this contract, if a part number becomes obsolete for any reason, a superseded part number replacement will only be considered if there is no material change to the tool(s). Each change request will be reviewed on a case-by-case basis and must be submitted to the GSA Contracting Officer. No exceptions will be allowed for part number updates with material changes. In addition, the Contracting Officer will communicate any NSN deletions or part number replacements with the PdM EMSE point of contact for awareness. The approved part number(s) supplied for the replenishment NSN(s) shall be the same as within the FRS tool load NSN 5180-01-584-8643.

PRIORITY ORDERS IN SURGE ENVIRONMENTS

As a key piece of the GSA Global Supply portfolio of supply solutions, customers rely on FRS as a reliable source of tools, including during times of unusual urgency where increased demand for certain commodity types may arise. When this occurs, agencies may place “DO” or “DX” rated orders under the authority of the Defense Priorities and Allocations System (DPAS), and contractors shall abide by the priority indicated IAW FAR 11.603. Applicable orders thus placed under the contract shall be considered to incorporate clause 52.211-15, Defense Priority and Allocation Requirements, for DX/DO rated orders.

In addition, GSA may supplement the DPAS rating system with additional or different order designations, such as special National Interest Action Codes (NIAC), DoD Project Codes, or other priority rating indicators or codes on delivery orders. Contractors shall be prepared to meet customer demand in surge environments that may arise throughout the life of the contract by recognizing different order ratings either manually or systematically and performing accordingly.

Alternative sources may be utilized in a surge environment if the awarded contractor is unable to meet the specific requirement terms.

ADDING NSNs

RFP QSDM-J3-223000-A

RFP QSDM-J3-223000-A

During the duration of the contract, brand name NSNs may be added to the contract if they have historically been used to supply brand name PdM EMSE tool loads (SECM, FRS). For example, any NSNs not awarded on this solicitation, but become available at a later date may be added back to this contract. NSNs to be added will request the awarded contractor to quote and thereafter be evaluated for award. NSNs may be added in small numbers or in large batches. Post-award NSN add ‘awards’ will be awarded on an item-by-item basis based on the evaluation criteria section of this solicitation, excluding the factors dealing with number of NSNs quoted and number of NSNs that are the apparent low. Convenience Fees and quoted Minimum Order Limit at award will also be incorporated into the award of the post-award NSN adds.

RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT

a. The Contracting Officer is currently responsible for the administration of any contract as a result of this solicitation. The Contracting Officer alone is authorized to the extent indicated in the contract to take action on behalf of the Government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the brand name items or solicitation terms shall be effected without a written modification to the contract executed by the Contracting Officer.

b. No oral statement of any person will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

c. All matters pertaining to Government administration of this contract should be directed to:

Contract Specialist:

Ben Baellow, Contracting Specialist GSA, FAS, Heartland Acquisition Center 2300 Main St, Kansas City, MO 64108 Phone: (816) 823-1558 Email: Ben.Baellow@gsa.gov

Contracting Officer:

Amanda B. Foley, Contracting Officer, GSA, FAS Heartland Acquisition Center 2300 Main St, Kansas City, MO 64108 Phone: (816) 823-1929 Email: Amanda.Foley@gsa.gov

d. Assignment of an Administrative Contracting Officer (ACO) for this contract may be delegated or changed at any time by the Government without prior notice to the contractor.

(End of Section G - Contract Administration Data)

SECTION H- SPECIAL CONTRACT REQUIREMENTS

As described in FAR Subpart 25.4, the Trade Agreements Act (TAA) applies to this procurement for all CLINs. Exceptions to this may be allowed in accordance with FAR 25.502(b)(3)..

(End of Section H - Special Contract Requirements)

SECTION I - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

Transactions 52.203-17 Contractor Employee Whistleblower Rights and Requirement JUN 2020 To Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011 Content Paper

Subcontractors

DFAR Clauses incorporated by Reference:

252.211-7003 Item Unique Identification and Valuation MAR 2022 (252.211-7003 applicable to NSN 5180-01-584-8643 only)

GSAR 552.102 Clauses incorporated by Reference:

of Hazardous Material (HAZMAT) for Shipment

CLAUSES INCORPORATED BY FULL TEXT

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes MAY 2022 or Executive Orders -- Commercial Items

(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 (Nov 2021) (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) 52.233-3, 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.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, 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. (Nov 2021) (31 U.S.C. 6101 note).

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

___ (10) [Reserved].

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

___ (ii) Alternate I (Mar 2020) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (ii) Alternate I (Mar 2020) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

___ (ii) Alternate I (Mar 2020) 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.

X (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)).

X (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sept 2021) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sept 2021) (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 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 (Mar2020) (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) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2022) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

___ (ii) Alternate I (Jul 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

___ (ii) Alternate I (Jul 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (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 (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).

X (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial 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 (Jun2014) 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 (Jun2016) (E.O. 13693).

___ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

___ (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.

X (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301).

X (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. 2302Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

X (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

___ (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 (Jan2017) (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 (Oct2018) (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).

X (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

___ (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 (Nov 2021) (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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Worker Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.204-25 Prohibition on Contracting for Certain Telecommunications Nov 2021 and Video Surveillance Services or Equipment

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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