RFQ_47QSCC-25-Q-0316.pdf

RFQ # 47QSCC-25-Q-0316

REQUEST FOR QUOTATION

SAM.gov (Contract Opportunities)

Battery Recovery and Storage Shelter

HAVE YOU UPDATED YOUR REPRESENTATIONS AND CERTIFICATIONS LATELY ON WWW.SAM.GOV?

IF NOT, BE SURE TO DO SO PRIOR TO CLOSING OF SOLICITATION.

PLEASE COMPLETE THE FOLLOWING INFORMATION:

1. OFFEROR:

Company Name:___________________________________________________________________________________

Address:____________________________________________________________________________________________

Name of Company Rep:______________________________________Title________________________________

Phone: _________________________________ Fax: ____________________________________________________

Email: ______________________________________________________________________________________________

UEI Number: _____________________________________________________________________________________

Is your company a dealer _______ or manufacturer? _________________________________

Business Size:________________________________________________________________

Please provide pricing for the following part number. See Terms & Conditions on following pages.

Requirement Quantity Required

DARO

Quoting Manufacturer and

Part Number Requested (Y/N)

Country of Origin

(COO)

Quoted Price (EA) (Discount

Requested) Extended

Quoted Price

Battery Recovery and Storage Shelter 4

120 (or sooner) __________________ ____________ $ $

Battery Recovery and Storage Shelter

UI: EA

Salient Characteristics – Please fill out EVERY column under “vendor quoting.” Failure to do so may result in your quote being considered not technically acceptable and, thus, removed from consideration for the award.

Customer Requirement Vendor Quoting (please specify) Shall be manufactured under ISO 6346 certification standards

Shall be a new/one-trip CSC certified Type 1

Shall be constructed with corrugated Corten steel sides and roof, or material of equal or greater strength and durability

Length (Exterior) – 10 feet nominal

Width (Exterior) – 8 feet nominal

Height (Exterior) – 8 ½ feet nominal

Shall contain standard mounting knuckles at each corner, allowing containers to be joined and to be mounted to a platform.

Shall have forklift pockets on all sides.

Shall have common commercial lockable swing doors on one end of container.

The exterior and bulkhead shall be painted Army Green.

Shall contain an air ventilation system.

Dimensions of vent shall be 15” x 15” minimum.

The interior left, and right-side walls and ceiling shall be constructed of concealed fastened metal architectural wall panels welded onto steel framing. Panels shall meet standard ASTM E1592, and factory coated with colorant Kynar 500 in white.

Insulation value shall be a minimum of R-13.

The installed bulkhead and rear wall interior paint shall be Army Green.

Shall contain an installed Steel Dual-Rail Restraint System (DRRS-10) welded onto both side walls and back wall with a locking hardware kit for mounting and securing interior items.

All rail-secured items must be easily movable, removable, or replaceable as needed without further modification.

All interior construction materials shall be made of welded steel.

Shall have marine grade 1 1/8” (minimum) plywood floor.

Abrasion-Resistant; Tear-Resistant; Water- Resistant; Wear-Resistant flooring and battery rack matting, color black. DOC FF1-70 Rated. Meets standards ASTM C1028-96; ASTM D2240-02;

ASTM D412.

Shall contain steel fabricated front bulkhead wall (sheet steel welded to both sides, interior and exterior of steel tube frame) installed behind both cargo doors.

The following Items shall be installed:

1) 36”x80” (minimum) insulated steel, foam-filled troop door with steel frame and steel keyed locking lever knob.

2) Stationary, “through-the-wall” type 115v ECU: 8000 BTU (Minimum) cooling with 4200

BTU (Minimum) heat. 9.6 EER (Minimum)

3) 125-Amp Outdoor Main Lug 12 space (minimum) 24 Circuit 3-Phase Breaker Panel w/ breakers on outside of bulkhead wall.

4) Electrical disconnect box with Military Standard 100-amp female 3 phase NATO plug on outside of bulkhead wall. (Qty. 1 minimum)

5) Cargo doors shall be able to fully open/close and lock with all items installed on bulkhead wall.

6) Steel fabricated interior back wall (tube steel frame welded to existing rear wall with sheet steel welded to steel tube frame) with exhaust fan passage cut and framed to the outside.

7) Exhaust fan: 10” (minimum) Aluminum (or material of equal or great strength and durability), exhaust fan, 611 cfm (minimum), 7 sones (maximum).

8) Commercial grade rigid galvanized conduit with metal switch/outlet boxes and covers.

9) Vapor Tight LED shop light with minimum of 60,000-hour rating, meeting the following standards: cULus Listed; FCC Non-Consumer Class A (277V) and Consumer Class B (120V)

Limits.

Interior Parts - Location of parts on left and right walls are in parathesis measured from back of forward/bulkhead wall looking aft: L= left side, R= right side. Location of parts on front and back walls are in parenthesis measured from left to right facing wall: F= front wall, B= back wall.

Measurements are in inches centered.

Shall contain Steel Fabricated Battery racks (3) with three shelves each to hold a minimum of 40

Hawker batteries. (L- 43”), (R-43”), (B- full length of wall).

Shall contain 36”W x 18”D x 48”H 16ga. (or thicker) Heavy Duty Storage Cabinet: (centered on inside front wall)

Shall contain Grounding Wire Reel (mounted between cargo doors and bulkhead wall)

Shall contain non-conductive battery clip stowage bar. (12” above top of Charger)

(Qty. 3) Heavy Duty 12 bank, fully automatic 12v Battery recovery pulse chargers featuring Pulse Technology (or other brand with comparable function and capability), centered and securely mounted on the top shelf of each of the three battery racks allowing for easy access to controls, power supply. (Centered on racks, top shelf)

Shall contain non-caged and assessable via adjustable hold-down connector arms.

Each charging bank shall include a charging circuit, pulsing circuit, and charging cord with insulated clamps (1 clamp for each bank, 36 minimum).

Shall contain Battery Analyzer capable of measuring and displaying battery health

(percentage or voltage)

Shall contain LED ceiling light, (Centered on ceiling)

Shall contain exhaust fan (B- center top)

Smoke Alarm

Shall contain Fire extinguisher (1 per unit) with the following salient characteristics:

1) Material - Aluminum

2) Type – H

3) Weight - 5 lb

4) Class – ABC

5) Rechargeable

6) Color – Red

7) Diameter - 4 ½”

8) Height - 16 7/8”

9) Agent- Monoammonium Phosphate, dry chemical

10) Shall contain pressure indicator

11) Shall be charged and filled

12) Shall contain wall mounting bracket

13) Maximum discharge distance of at least 18’

14) Maximum pressure of at least 195 psi

15) UL rated 3A:40B:C

16) 15 second discharge time. (R-18”) (minimum)

Shall contain eyewash station:

Eyewash Station shall contain a minimum of the following:

1) Two bottles, 32oz ea. Open style housing, 3-year (minimum) shelf life, FDA approved. (R-24”)

2) First aid kit, types I & II, industrial, steel, 25 persons, 179 pieces, two shelves, 3.07 lbs.

3) SDS (Safety Data Sheets) binder with steel wall holder and chain, 9”H, 13 ½”W, 4 3/4”D, yellow w/ red writing, binder ring size 2”, sheet protectors, meets GHS standards. (Mounted on inside of troop door.)

ITEM MARKING

Each item Shall Be Marked in a Permanent and Legible Manner with:

1) Manufacturer's Part Number

2) Manufacturer's Name or Identifying Symbol, and

3) Country of Origin

Each Package including the unit, single, intermediate, and exterior container must be labeled with the requisition number or Transportation Control Number (TCN). Requisition Number and TCN are found on the Purchase Order.

PACKAGING

One (1) item shall be preserved and packaged in a unit package designed to protect the item against damage during shipment, handling, and storage.

MARKING

In general, unless otherwise specified by the contracting officer, marking of shipments shall be in accordance with the GSAM provision/ Clause 552.211-73, marking. In more detail: Marking of supplies for deliveries to domestic civilian activities shall comply with the latest edition of Federal Standard 123. That is, unit, intermediate, and transport packages shall be marked directly on the side surface of the package or on a label affixed to the package, with the identification marking as specified in the standard. Transport packages shall also have, in addition to the identification marking, a shipping label that includes the purchase order, contract, or the requisition numbers; as applicable, including the consignor and consignee names (i.e. ship from/ to), gross weight, cube and piece number.

Marking of supplies for deliveries to civilian activities, export locations, including commercial freight forwarders and third party logistics providers, and excluding freight entering the Defense Transportation System, shall be the same as deliveries to domestic locations except that the shipping label shall show on the same label, or another label affixed next to the shipping label, the ultimate consignee (i.e. Mark for AAC).

Marking of supplies for deliveries to domestic military activities shall comply with the latest edition of Military Standard

129. That is, unit, intermediate, and exterior or shipping containers shall be marked directly on the side surfaces of the package or on a label affixed to the package, with the identification marking as specified in the standard. Exterior or shipping containers shall also have in addition to the identification marking, a Military Shipping Label (MSL) per the standard.

Marking of supplies for deliveries to military activities, export locations, including forwarding and container consolidation points (CCPs) shall be the same as deliveries to domestic locations except that the MSL must also show the ultimate consignee (Mark for DoDAAC) and the Transportation Control Number (TCN).

"Latest version" is defined as the version in effect on the date of bid submittal. Federal Standards and Military Standards can be accessed on-line via the Defense Logistics Agency's "Assist" Quicksearch web site: http://quicksearch.dla.mil/

PACKAGING/ PACKING

Unless packaging in accordance with MIL-STD-2073-1 Standard Practice for Military Packaging is specified in the solicitation, contract or order, packaging/ packing of supplies, exclusive of hazardous material, for domestic and export shipments to civilian and military activities shall comply with GSAM Provision/ Clause 552.211-75 Preservation, Packaging and Packing which references the National Motor Classification Standard (NMFC) and/ or the latest requirements of ASTM D-3951, Standard Practice for Commercial Packaging . Until the commercial packaging/ packing requirement in GSAM Clause 552.211-75 is revised, compliance to either the GSAM clause or the ASTM D-3951, Standard Practice for Commercial Packaging will be acceptable; however, compliance to the ASTM requirements is mandatory for GSS contracts, and is preferred for all other contracts. In case of conflict between the GSAM clause and the revision of ASTM D-3951, the ASTM requirement shall govern.

Packaging of hazardous material (HM) supplies for shipments shall comply with the GSAM provision/ Clause 552.223- 73, Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments . That is, packing of HM for domestic shipments shall comply with the latest versions of DOT HMR in 49 CFR, parts 171-180, and OSHA HCS in 29 CFR, part 1910.1200.

Packing of HM for export shipments (includes forwarding and container consolidation points, commercial freight forwarders and third-party logistics providers) shall comply with the latest versions of DOT HMR in 49 CFR, parts 171- 180, and OSHA HCS in 29 CFR, part 1910.1200, and the applicable IMDG, IATA, ICAO, AFMAN-24 standard for the mode of transportation.

WOOD PACKAGING MATERIAL

Packaging and packing of supplies using Wood Packaging Material (WPM) on a pallet or skid for export shipments (includes forwarding and container and consolidation points, commercial freight forwarders and third party logistics providers) shall comply with the requirements in provision/ Clause GSAM 552.211.89, Manufactured Wood Packaging Material for Export or the applicable requirements in ASTM D-3951 relative to the WPM. That is, all wood shall be treated and stamped appropriately for export, including the actual pallet or skid, if made of wood.

PALLETIZATION AND PREPARATION FOR DELIVERY

The item(s) shall be packaged and packed to afford adequate protection against physical damage during shipment from the supplier to the first receiving activity. The pack shall comply with the rules and regulations applicable to the mode of transportation. If pallet or skid is used for shipping, it shall be made in accordance with normal industry standards. In the event a wood pallet or skid is used for shipping, the requirements of GSAM 552.211.89, Non-Manufactured Wood Packaging Material for Export, shall apply.

ITEMS REQUIRING SAFETY DATA SHEETS (SDSs) Items requiring Safety Data Sheets (SDSs) shall be provided by the Contractor as specified in IPD and the FAR Provision/Clause 48 CFR 52.223 3 Hazardous Material Identification and Material Safety Data, and the latest version of Federal Standard 313. One copy of the SDS shall be included inside or affixed to the outside of each transport package.

If affixed outside the SDS must be placed in a weather resistant envelope.

Data in all 16 sections of the OSHA HazCom/ GHS standards will be required. HM shall be labeled with an OSHA/ GHS compliant label to include the following data: (1) Product identifier, (2) Signal Word, (3) Hazard Statements, (4) Pictograms, (5) Precautionary Statements, and (6) Chemical Manufacturer, Importer, or Other Responsible Party information.

This requirement consists of 1 order; Please let us know if this quote can be used for future orders by completing the valid through date below.

Fort Stewart, GA

2. TERMS OFFERED:

● Delivery shall be FOB Destination, CONUS. Yes ______ No ______.

● Extended lead-time and reason (if cannot meet requested DARO): ___________________________________________________.

● Price valid through _____________________________________ Minimum Order Threshold (MOT)____________________________.

3. ADMINISTRATIVE COMPLIANCE:

****NOTE: The below requirements marked with an (x) are to be completed and/or acknowledged. If any applicable blanks are not complete, the vendor’s quote will not be considered for award.

___X Will comply with all terms and conditions of the solicitation. Yes ______ ___X__ Is registered with OMS Vendor Portal or EDI to receive orders electronically. Yes ______.

___X Provided all requested documents by the close date and time of the solicitation to include:

● All required Provision and Clause fill-ins submitted (as applicable):

● My company has completed the most current version of the annual representations and certifications (reps and certs) at 52.212-3 in SAM.gov: Yes ______ No_______.

● Provision 52.212-3(b)(2) below is completed and submitted with my quote as there are specific representations different from the 52.212-3 SAM.gov representations that are unique to this requirement (or I’ve selected in 52.212-3 reps and certs that the representation will be done at the solicitation level): Yes ______ No_______. If yes is selected, provision 52.212-3(b) must be completed and submitted with your RFQ.

● Verification that your company has represented under 52.212-3(v)(2)(i) and (ii) of the reps and certs in SAM.gov and that they do not provide to the Government or use prohibited telecommunications equipment and/or services in accordance with Section 889(a)(1)(A) and (a)(1)(B) of Public Law 115-232 (Confirmed ______). If you cannot confirm, leave this blank and complete the below question.

● If your company has certified that you do provide to the Government and/or use covered telecommunications equipment and/or services under 52.212-3(v)(2)(i) or (ii) in SAM, then FAR provision 52.204-24 below must be completed to ensure your company has certified that you will not provide to the Government or use covered telecommunications equipment and/or services In Accordance With Section 889(a)(1)(A) and (a)(1)(B) of Public Law 115-232 for this RFQ: Yes_____ N/A_____. If yes is selected, provision 52.204-24 must be completed and submitted with your RFQ.

**Note: FAR provision 52.204-24 and FAR clause 52.204-25 are included in the RFQ/Solicitation and FAR clause 52.204-25 will become part of the award terms and conditions.

___X My company has quoted an ‘or equal’ item for consideration: Yes ______No_____.

● If the IPD is ‘brand name or equal’ and the item offered is different than called out in the IPD, technical specifications must be submitted on the manufacturer’s part number being quoted so an ‘or equal’ determination can be made.

● Applicable technical documents are attached to my RFQ submission: Yes ______N/A_____.

● Manufacturer Quoted:__________________________________

● Manufacturer Part Number Quoted:__________________________________

SELF CERTIFICATION:

By signing below, you are certifying that the information submitted on this form is accurate and meets the requirements listed in the RFQ. In the event your firm ships an item that does not meet the specifications of the requirement, your firm will be responsible for a refund of the payment, or a correct replacement item and any cost incurred by the government.

Signature: ___________________________________________________________ Date: _____________________________________

4. BASIS OF AWARD:

Award will be made to the vendor who represents the best value to the Government utilizing the following evaluation factors: technical acceptability, past performance and price. Only quotes that are considered technically acceptable will be reviewed for past performance. Past performance is slightly more important than price.

EVALUATION FACTORS:

Technical Acceptability Factor:

Technical acceptability will be considered on a pass/fail basis. The definition of technical acceptability is meeting the characteristics listed in the Government’s Item Purchase Description (IPD) and meets the Government’s required delivery schedule of 120 days ARO or sooner.

Your initial quote must contain sufficient technical documentation to establish that products are technically acceptable. Failure to provide sufficient technical documentation may result in your quote no longer being considered for the award.

Only quotes that are determined technically acceptable will be reviewed for past performance and pricing.

Past Performance Factor:

Past performance is evaluated as an indicator of a vendor's ability to perform the contract successfully. Past Performance evaluation is accomplished through a Confidence Assessment Rating based on assessing vendor's past performance history focusing in and targeting performance that is relevant to the solicitation

Specific past performance is not being requested. Instead, GSA will use any credible information available on each vendor in evaluating past performance. The Government will also use the Contract Performance Assessment Reporting System (CPARS) if reports exist for the vendor. The website for CPARS is (http://www.cpars.gov/). A vendor with no record of past performance of the same general nature or for whom GSA has no information available will not be evaluated as favorably or unfavorably based on past performance but will be given a neutral rating. For evaluation purposes a neutral rating will be considered to be a satisfactory rating.

Pricing Factor:

The total delivered price will be considered for award.

The past performance factor is slightly more important than price. However, as quotes become more equal in non-price factors, price becomes more important.

If any required documents are not submitted or required field left blank on pages 1 through 7 of this document including the Section 3 questions or if the completion of required clauses and provision fill-ins are not made (as applicable), further consideration for award will not be made.

5. APPLICABLE TERMS AND CONDITIONS:

The following is a brief overview of several applicable conditions as they relate to any award placed against this RFQ.

All quotes must be submitted via email upon the close date of the RFQ to be considered for award.

Quoter must be registered in the System for Award Management (SAM) database before an award can be made to them. If quoter is not registered in the SAM, they may do so through the SAM website at http://www.sam.gov, prior to award.

Description of Agreement:

This RFQ may result in an award with the General Services Administration/ Facilities and Hardware Branch. When a PO is accepted by the seller, it becomes a binding contract between both the buyer and the seller. Any vendor submitting a quote must be a registered user and able to accept POs in GSA’s Order Management Services (OMS) Vendor Portal or have the ability to receive orders via Electronic Data Interchange (EDI).

___X This RFQ is set aside exclusively for Small Business IAW FAR 19.502-2.* A vendor must have the assigned size standard (750 employees or less) in their SAM account to be eligible for award.

_______ This RFQ is not set aside.

___X___ NAICS assigned _332311: Prefabricated Metal Building and Component Manufacturing

*Note: This acquisition is set aside for small business. As this acquisition is under the SAT, in accordance with FAR 19.505, the nonmanufacturer rule does not apply and the small business can provide the product of any concern [note that the Buy American Act (FAR 52.225-1) still applies to this acquisition in accordance with FAR 25.100(b)].

Extent of Obligation:

This is a Request for Quotations (RFQ), and quotations furnished are not offers. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation, or to contract for supplies or services. Part numbers are being collected for informational purposes only on each technical or generic spec NSN.

APPLICABLE CLAUSES INCORPORATED BY REFERENCE

___X GSAM 552.211-75 Preservation, Packaging, and Packing. (May 2023) (see addenda under “Clauses Incorporated by Full Text”)

___X GSAM 552.211-77 Packing List (Feb 1996)

___X FAR 52.204-7 System for Award Management (OCT 2018)

___X FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

___X FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014)

___X FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

___X FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

___X FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

__ X FAR 52.247-34 F.O.B. Destination (Nov 1991)

CLAUSES INCORPORATED BY FULL TEXT

GSAM 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial Products and Commercial Services. (OCT 2023).

(a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The clauses in paragraph

(b) of this section are incorporated by reference:

(b) Clauses.

___X___ GSAM 552.211-73 Marking (Feb 1996) (Mil-Std-129 Compliance)(see addenda under “Clauses Incorporated by Full Text”)

___X___ 552.229-70 Federal State and Local Taxes

(End of Clause)

552.212-72 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Products and Commercial Services (OCT 2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement provisions of law or Executive Orders applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The contracting officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the lists in paragraphs (a) and (b). The contracting officer may add the date of the provision or clause if desired for clarity. The GSAR provisions in paragraph (a) and GSAR clauses in paragraph (b) are incorporated by reference.

(a) Provisions.

_____ 552.223-72 Hazardous Material Information

(b) Clauses.

_____ 552.215-70 Examination of Records by GSA.

_____ 552.223-70 Hazardous Substances _____ 552.223-71 Nonconforming Hazardous Material

_____ 552.223-73 Preservation, Packaging, Packing, Marking, and Labeling of Hazardous Materials (HAZMAT) for Shipments.

_____ 552.232-23 Assignment of Claims

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

(a)The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1)52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

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

_X_ (5)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) ( 31 U.S.C. 6101 note).

__ (6)[Reserved].

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

__ (8)52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

_X_ (9)52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

__ (10)52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__ (11)

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

__ (ii)Alternate I (DEC 2023) of 52.204-30.

_X_ (12)52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

__ (13)52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14)[Reserved].

__ (15)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

__ (16)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17)[Reserved]

_X_ (18) (i)52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii)Alternate I (MAR 2020) of 52.219-6.

__ (19) (i)52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii)Alternate I (MAR 2020) of 52.219-7.

__ (20)52.219-8, Utilization of Small Business Concerns (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i)52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 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 (JAN 2025) of 52.219-9.

__ (22) (i)52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii)Alternate I (MAR 2020) of 52.219-13.

__ (23)52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

__ (24)52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25)52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

_X_ (26) (i)52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

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

__ (27)52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

__ (28)52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

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

__ (30)52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15 U.S.C. 637(a)(17)).

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

_X_ (32)52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)( E.O. 13126).

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

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

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

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

__ (ii)Alternate I (JUL 2014) of 52.222-35.

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

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

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

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

13496).

_X_ (39) (i)52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii)Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (40)52.222-54, Employment Eligibility Verification (JAN 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii)Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42)52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (43)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (44)52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (45)52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (46)52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

_X_ (48) (i)52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

_X_ (49) (i)52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii)Alternate I [Reserved].

__ (iii)Alternate II (JAN 2025) of 52.225-3.

__ (iv)Alternate III (FEB 2024) of 52.225-3.

__ (v)Alternate IV (Oct 2022) of 52.225-3.

__ (50)52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_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).

_X_ (52)52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53)52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54)52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

_X_ (55)52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O.

13513).

__ (56)52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57)52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58)52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (60)52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61)52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (62)52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

_X_ (63)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64)52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (65) (i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

__ (ii)Alternate I (APR 2003) of 52.247-64.

__ (iii)Alternate II (NOV 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1)52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. 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 for Contractor Workers Under Executive Order 14026 (JAN 2022).

__ (8)52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

__ (10)52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) ( 49 U.S.C. 40118(g)).

(d)Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1)The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2)The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3)As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1)Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

(iii)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

L. 117-328).

(vii)

(A)52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L.

115–390, title II).

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

(viii)52.219-8, Utilization of Small Business Concerns (JAN 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv)52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xvi)

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

(B)Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

(xix)52.222-54, Employment Eligibility Verification (JAN 2025) ( E.O. 12989).

(xx)52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

(xxii)

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

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

(xxiii)52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

Addenda to GSAM 552.211-73 and 552.211-75 - Charges for Packaging, Packing, and Marking

If supplies shipped are not packaged, packed, and marked in accordance with 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 at the following rates:

First Hour - $150.00

Each Additional Hour - $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.

The Government reserves the right to increase this amount at any time in the future with 30 days notice.

APPLICABLE PROVISIONS INCORPORATED BY REFERENCE

X FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

___X___ FAR 52.211-6 Brand Name or Equal (Aug 1999)

___X_ FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (MAR 2023)

APPLICABLE PROVISIONS REQUIRED IN FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. 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.