RFQ 6913G624Q300033.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

6913G6

Cambridge MA 02142-1001 220 Binney St.

VOLPE NAT'L TRANSPORTATION SYS CNTR

VOLPE CODE 16. ADMINISTERED BYCODE

X

X

336510

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR6913G6

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/24/2024 1700 ET

05/06/2024

(617) 494-2136Rachelle Faiteau (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

6913G624Q300033

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 29 V3352255OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

See SOW for details

15. DELIVER TO

Cambridge MA 02142-1001 220 Binney St.

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,500

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

ISSUE DATE

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

VOLPE NAT'L TRANSPORTATION SYS CNTR

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00100 One (1) railway car spotter vehicle meeting the technical requirements for operation at Norfolk Naval Shipyard in accordance with the Statement of Work.

Delivery:

Delivery of car spotter is no later than 180 days after date of award.

Training shall take place within 14 days following delivery and acceptance of car spotter.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Quantity: 1

00200 Option: Technical Field Support in accordance with the Statement of Work.

Anticipated Option Period of Performance:

(Option Line Item)

Period of Performance: 01/13/2025 to 01/12/2026

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Request For Quotation No. 6913G624Q300033 Railway Car Spotter Vehicle for Norfolk Naval Shipyard

(Continuation of SF 1449, block 20, Schedule of Supplies/Services)

Solicitation no. 6913G624Q300033 is being conducted in accordance with (IAW) Federal Acquisition Regulations Part 12, Acquisition of Commercial Items and pursuant to FAR Part 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services. This announcement constitutes the only solicitation. This acquisition is being conducted using full and open competition and the Government intends to award a single firm fixed price purchase order. The applicable North American Industry Classification System (NAICS) Code is 336510, Railroad Rolling Stock Manufacturing, with a small business size standard of 1,500 employees. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024‐03.

The United States (U.S.) Department of Transportation, Volpe National Transportation Systems Center (Volpe Center), Cambridge, MA, 02142, is seeking to acquire one (1) diesel‐engine railway car spotter vehicle and training with an option for extended field support as described in the statement of work and as shown in the Contract Line Item Numbers (CLINS). Delivery for the car spotter shall be by 180 after award date, a shorter delivery time is acceptable and desired. Information on delivery requirements is provided in the Statement of work. Based on the delivery requirements, inclusive of the option CLIN if exercised, the total period of performance for this acquisition shall not exceed 19.5 months (1 year and 6 months).

The Government intends to award a single Firm‐Fixed‐Price Purchase Order as a result of this solicitation, however, reserves the right to make no awards depending on the quality of quotations. The Government is NOT offering commercial contract financing terms IAW FAR Subpart 32.2 for this acquisition. An award will be made to the responsible vendor whose offer, in conforming to this solicitation, represents the best value, price and other factors considered The Offeror’s quotations shall include both technical information and pricing in accordance with FAR clause 52.212‐1, Instructions to Offerors – Commercial Items, and its addenda in this solicitation.

Statement of Work

1. SCOPE

The Volpe Center is working to support the U.S. Department of Defense (DoD) and mission capability by providing technical support for railway infrastructure equipment upgrades. This diesel‐engine railway car spo er vehicle is being provided to replace an obsolete locomo ve that remain in service but are beyond their expected life expectancy and are no longer supported by the original equipment manufacturer.

2. CAR SPOTTER AND SPECIFICATIONS

The car spotter shall be equipped with all components necessary to enable it to function reliably and efficiently in sustained operation. The car spotter shall conform to all Federal laws and regulations applicable to the manufacturing, safety, and pollution standards that are in effect for this type of equipment at the time of manufacture. Car Spotter Minimum Requirements include:

a. The car spotter shall be a commercially available model designed to provide rubber tire traction for on‐ rail use and on‐road use.

b. The car spotter shall be designed to operate on North American standard rail gage (56.5 inches) and shall be capable of lowering and raising the flanged guide wheels for rail‐to‐road and road‐to‐rail transfer from the operator’s seat. The rail at Norfolk Naval Shipyard is embedded with top of rail at the same height, or close to, road level.

c. The car spotter shall be capable of crossing over semi‐exposed rails and transferring from road‐to‐rail and rail‐to‐road operation with no sign of instability and no loss of control including places where the running surface of the railroad track is above the adjacent surface 2‐inches or less.

d. The car spotter shall be capable of providing maximum tractive effort without the use of a weight transfer type coupler system. No weight transfer of any kind shall be permitted.

e. The car spotter shall offer a starting tractive effort of at least 60,000 lbs.

f. Due to the operating characteristics, the design requires an extended pivoting coupler and sliding coupler arrangement. The railcar mover shall be capable of efficiently maneuvering railcars through a

110‐foot radius curve from a stopped position when coupled at either end in forward and reverse directions. The railcar mover shall be equipped with longer than standard‐length train‐air air hoses if necessary to maneuver the railway cars though the curves. The railcar mover under normal operation shall successfully maneuver up to seven (7) loaded 80‐ton flat cars up a 0.3% (.003) grade from a stopped position when coupled at either end in forward and reverse directions.

For determining the maneuverability while in rail mode, the following characteristics of railcars at the site are provided for reference:

1) Shank Pin to Knuckle Pin: 3’8”

2) Overhang (truck pin to coupler pin): 13’

3) Coupler: SBE68BC E50

4) Horizontal range along Contact Pad: 17”

5) Truck Offset (truck pin to outer axle): 5’6”

g. The car spotter shall be equipped with one or more control/display monitors to be used for monitoring and controlling the systems.

h. Provision shall be made to determine from the operator’s seat when the rail guide wheels can be safely lowered to transfer the car spotter from road‐to‐rail use.

i. Steering of the car spotter shall be disabled in Rail Mode.

j. The car spotter shall be designed with pivoting axles.

k. The car spotter shall have independent braking and throttle systems for rail and road use.

l. The car spotter shall be powered by a properly sized diesel engine meeting the current EPA emission regulations for new manufactured equipment.

m. An identification plate, permanently marked, shall be securely mounted in the cab or on the frame. The identification plate shall contain the following information:

1) manufacturer’s Model Number and Serial Number

2) manufacturer’s Name and Address

3) Date of Manufacture

4) Manufactured for U.S. NAVY

In addition, the following equipment shall be included with the railway car spotter:

1. Pneumatic air bell or electronic air bell

2. Air horn

3. The car spotter shall be equipped with a train brake emergency stop push‐button style switch.

4. Air‐conditioner and cabin heater of sufficient size to provide operator comfort in ambient air temperature extremes.

5. Cold Weather Package (electric pre‐heater for engine oil pan, fuel tank, hydraulic reservoir, and transmission oil). Cold weather package shall utilize standard 20A 125VAC NEMA 5‐20 connections. No more than two (2) 20A circuits shall be required for full energization of the cold weather package. If multiple receptacles are utilized, each receptacle shall identify the functions powered.

6. Tire pressure monitoring system

7. The car spotter shall be equipped with visibility cameras and cab‐mounted monitors. Cameras shall provide a clear view (to the operator in the cab) of the front and rear of the railcar spotter, couplings, and clear view of the movement of the track wheels as they engage and disengage the rail. Cameras shall not have the ability to record, store or broadcast video or still images, and shall provide a live video feed only to the cab located video monitor(s).

8. Battery tender unit utilizing standard NEMA 5‐20 connections. The battery tender unit shall be permanently mounted to the car spotter.

9. Handholds, platforms, and railings shall be provided for the safety of operating personnel and shall conform to the requirements of 49 CFR part 229 and 231, and AAR regulations to the greatest extent practicable. Any deviations from requirements of 49 CFR part 229, 49 CFR 231, and AAR regulations required to meet clearances shall be identified in the response to the solicitation.

10. Stenciling:

1. Legibly stencil in regular font, no smaller than 4‐inch tall letters, in black color “USN” and the unit number on both sides of the railway car spotter. Unit number is to be determined: “USN

11. Light emitting diode (LED) Work Lights, minimum two front and two rear.

12. Lubrication system, Single Point High Pressure. This function shall lubricate all locations requiring lubrication to the maximum extent possible. Any remaining lubrication points requiring regular attention shall be easily accessible without the use of special tools or ladders.

13. Mirrors, Heated (Left and Right Front). Mirrors are allowed to fold.

14. Emergency Stop Control – The car spotter shall be equipped with Wireless Remote Handheld Emergency

Stop Control. The car spotter shall not be equipped with any other wireless remote‐control operation except for Emergency Stop Control.

15. The car spotter shall not be equipped with cellular, or GPS based equipment monitoring systems. If this equipment is part of the base model, it must be removed prior to delivery.

16. Remotely (from cab) activated decoupling of cars. Coupler release actuation from the switchman’s step, in accordance with 49 CFR 231.30 is not a requirement for this procurement.

17. Wheel/rail sanders that can be engaged from the cab.

18. Car spotter shall be provided with one auxiliary air compressor and air line to provide continuous volume of air to reach and fill all pneumatic tires.

19. Car spotter shall be equipped with a portable fire extinguisher (10 lb. or larger BC‐type).

20. Manuals: The Offerors shall supply two complete set of commercial manuals (Electronic (PDF) and two hard copy), including operation, maintenance, and parts with railway car spotter. The parts manuals shall list the contractor’s part numbers, as well as the component and equipment manufacturer’s part number, as applicable. A recommended itemized spare parts list with costs shall be provided by the

Contractor at time of delivery.

21. One‐year/2,000 engine‐hour supply of spare parts as identified in the recommended itemized spare parts list, provided by the contractor shall be delivered with car spotter and shall be inspected for completeness before acceptance. This does not include fuel and lube oil. If applicable, one set of any special and unique tools necessary to perform preventative and corrective maintenance shall also be provided with car spotter.

3. TRAINING

The Contractor shall provide three (3) days of combined classroom and hands‐on training for 6 to 8 operators on‐site at the delivery location within fourteen days following delivery and acceptance of the car spotter and in cooperation with the government. The training will include segments of operations and maintenance. The

Contractor shall also provide training material within this timeframe. The training material shall provide the users with all the information required for maintenance and operation of the car spotter and its components using the provided commercial manual as a baseline.

Classroom Training

a. Virtual Tour of all Training Materials

b. Question & Answer (Q & A) on Training Literature and Documentation

Hands‐On Training

c. Walk around safety and equipment inspections, features, and component location

d. Operator maintenance responsibilities

e. controls and indicators in‐cab review and description

f. Road/Rail operations, mounting and dismounting the rail

g. Coupling and uncoupling of railcars

h. Car spotter/train air brake systems

i. Railcar maneuvering and parking techniques

j. General rail safety and best suggested practices

k. Q & A on hands‐on training

4. WARRANTY

The standard commercial warranty shall apply. The warranty shall start on the same day the car spo er is accepted by the Government at the final des na on. A copy of the warranty shall be submi ed via email to the Contrac ng Officer (CO) and Contrac ng Officer Representa ve (COR).

5. FIELD SUPPORT (Op on)

This op on is for two support trips, eight(8) days for each visit including travel and labor coverage for manufacturer field service personnel to perform maintenance and minor repairs in the field on the car spo er.

This trip will provide material, parts, and service to the car spo er following delivery and shall be used for manufacturer’s recommended maintenance and warranty items.

6. DELIVERABLES AND SCHEDULE

Railway car spotter, including complete tools, parts, and publications/manuals, shall be preserved and packed in accordance with the contractor’s standard commercial practice and shall assure acceptance by common carrier and provide product protection against deterioration, loss, and damage during shipment, handling, and storage.

The Government will review if acceptable upon delivery. The Contractor shall contact the COR and provide a courtesy email to the Contracting Officer for confirmation of schedule dates of the inspection at Contractor’s plant for approval of the schedule dates for inspection before shipment.

a. Car spotter, including complete tools, parts, and publications/manuals shall be delivered within 180‐ days from award.

b. Delivery des na on for railway car spo er is the Li ing & Handling Test Slab, Norfolk Naval Shipyard, Portsmouth, Virginia.

c. Warranty documents shall be submi ed at the me of equipment delivery.

d. Training shall occur at Norfolk Naval Shipyard and is to occur within 14 days a er delivery and acceptance of the car spo er. The Contractor is responsible for ini a ng the process for security clearances of all employees par cipa ng in the delivery, set‐up and training.

6.1 DELIVERABLE SCHEDULE

Deliverable Timetable: The specific deliverables for this requirement are listed as follows:

Task Deliverables Deliverable Dates Car Spotter (Base Item)

CLIN 00100

a. One Car Spotter including manuals and one‐year supply of spare parts.

b. On‐site Training

c. Drawing/schematic detailing Paint Scheme

a. Car spotter, manuals and spare parts to be delivered within 180 days following award.

b. Training to occur within 14 days following delivery and acceptance of car spotter.

c. Within fourteen days following contract award

OPTION 1

CLIN 00200

Field Support for base item CLIN 00100 car spotter

Two support trips within the period of performance of CLIN 00200, 8 days total for each trip.

7. GOVERNMENT REVIEW AND ACCEPTANCE

Technical inspec on and acceptance of all work, performance, reports, and all deliverables under this contract shall be performed at the delivery loca on by the COR. Inspec on and acceptance to be performed within 30 days a er delivery.

Contract deliverable items rejected shall be corrected in accordance with the applicable clauses and specifica ons.

Unless otherwise stated in the contract, the Government requires a period not to exceed thirty (30) calendar days a er receipt of the final deliverable item(s) for inspec on and acceptance or rejec on. Final acceptance rests with the CO.

Acceptance will take place a er all deliverables are determined in compliance with this work statement including dynamic tes ng. The Government has the right to inspect all supplies required by this contract before acceptance.

Dynamic tes ng shall be performed to show that the proposed car spo er will be capable of performing func ons throughout the rail yard. Tes ng shall include opera ng the spo er car throughout the facility coupled to railway rolling stock to assess opera on and wayside clearances. The railway car spo er will not be accepted if damage or permanent distor on occurs a er opera on at maximum capacity. Acceptance tes ng may include the following:

a. Witness car spo er under normal opera on successfully maneuver eight loaded railcars (star ng from a stopped posi on on the grade) when coupled at either end in forward and reverse direc ons.

b. Witness dynamic tes ng on rail segments chosen by the Government to be sure the equipment can operate and nego ate curves and grades safely and func on properly and as designed.

8. PERIOD OF PERFORMANCE

The car spo er and all deliverable requirements shall be delivered no later than 180 days a er the date of award and training of the spo er shall occur within 14 days following delivery and acceptance of car spo er. If CLIN 0200 op onal CLIN is exercised then the period of performance will be 12 months from the delivery date of the car spo er.

9. SUSTAINABLE ACQUISITION REQUIREMENT:

To the maximum extent possible and consistent with the Federal Acquisition Regulations Part 23, the Government requires during the performance of the work under this Statement of Work (SOW) the Contractor to provide or use products that are: energy efficient (ENERGY STAR® or Federal Energy Management Program (FEMA)‐designated); water‐efficient; biobased; environmentally preferable (e.g., EPEAT registered, or non‐toxic or less toxic alternatives); non‐ozone depleting; or made with recovered materials. Unless otherwise identified in this SOW, each recovered materials or biobased product provided and delivered must meet, but may exceed, the minimum recovered materials or biobased content of an EPA‐ or USDA designated product. The sustainable acquisition requirements specified herein apply only to products that are required to be: (1) delivered to the Government during contract performance; (2) acquired by the contractor for use in performing services (including construction) at a Federally controlled facility; (3) furnished by the contractor for use by the Government; or (4) specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

Section 2.0 CONTRACT ADMINISTRATION DATA

2.1 CONTRACTING OFFICER’S REPRESENTATIVE OCT 1994

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(End of clause)

CONTRACT ADMINISTRATION RESPONSIBILITIES

Contracting Officer (CO): The CO has the overall responsibility for this contract. The CO alone is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. The CO may delegate certain other responsibilities to his/her authorized representatives. The Contracting Officer is:

Rachelle D. Faiteau 617‐494‐2136 rachelle.faiteau@dot.gov U.S. Department of Transportation The Volpe Center (V‐222) 220 Binney Street Cambridge, MA 02142

Contracting Officer's Representative(COR): A COR will be designated by the CO for this contract. The responsibilities of the COR include but are not limited to: inspecting and monitoring the Contractor's work;

determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; acting as the Government's representative in charge of work at the site to ensure compliance with contract requirements in so far as the work is concerned; and advising the CO of any factors which may cause delay in performance of the work. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or otherwise affect any other contract terms. The COR will be responsible for the duties defined in paragraph 2.1 clause 1252.242‐7 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE. The COR is:

Name: Completed at time of award U.S. Department of Transportation (US DOT) John A. Volpe National Transportation Systems Center Infrastructure Engineering and Deployment Division, V‐335 55 Broadway, Kendall Square Cambridge, MA 02142 Email: Completed at time of award

2.3 PAYMENT

NOTE: Contractors are required to submit invoices or payment requests via the Delphi eInvoicing web‐portal, which is accessed and authenticated via www.login.gov. For detailed instructions on how to submit invoices through the eInvoicing web‐portal, follow the instructions included in the clause "Electronic submission of Payment Requests NOV 2020" included as an attachment to this delivery order. Additionally, All invoices and required supporting documents shall be submitted in accordance with 1252.232‐70 Electronic Submission of Payment Requests (NOV 2022)

NOTE: THE CONTRACTING OFFICER RESERVES THE RIGHT TO UNILATERALLY DEOBLIGATE REMAINING FUNDS WHEN

THE FOLLOWING OCCURS: FUNDS REMAIN UNDER THE DELIVERY ORDER THAT RESULTS FROM THE DIFFERENCE

BETWEEN ESTIMATED AND ACTUAL SHIPPING CHARGES, OR A PROMPT PAYMENT DISCOUNT IS OFFERED AND

TAKEN AND THERE ARE NO PENDING CLAIMS, AND EITHER THE PERFORMANCE PERIOD EXPIRES AND IS NOT

EXTENDED OR FINAL DELIVERY IS MADE AND INVOICED. UNDER ANY OF THE ABOVE CIRCUMSTANCES, A WRITTEN

MODIFICATION WILL NOT BE ISSUED.

2.4 PERFORMANCE EVALUATIONS

In accordance with FAR Subpart 42.15; Contractor Performance Information, the Government shall prepare evaluations of contractor performance for contracts that exceed $250,000. Performance evaluations will be accomplished at the completion of the base year and at the completion of each exercised option period. The Government uses the Contractor Performance Assessment Reporting System (CPARS) as the primary method to complete evaluations (www.cpars.gov). Completed past performance evaluations may be accessed in the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov.

The Contractor is required to register in CPARS and shall have 14 calendar days in which to respond to Government comments. The Government will consider any comments provided by the Contractor before finalizing a past performance evaluation and will attach the Contractor’s comments to the final report.

Section 3.0 SPECIAL CONTRACT REQUIREMENTS

3.1 NON‐PERSONAL SERVICES (SEP 2009)

No personal services as defined in Part 37 of the FAR shall be performed under this contract. No contractor employee will be directly supervised by the Government. All individual employee assignments and daily work direction shall be given by the contractor’s supervisor. If the contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action.

The Contractor shall not perform any inherently governmental functions under this contract. No contractor employee shall hold him or herself out to be a Government employee, agent, or representative. In all communications with third parties in connection with this contract, contractor employees shall identify themselves as contractor employees and specify the name of the company for which they work. In all communication with other government contractors in connection with this contract, the contractor employees shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government’s rights in any way under any other provision of the contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

3.2 SALES TAX EXEMPTION (SEP 2009)

The Volpe Center, as part of the Department of Transportation, an agency of the United States, is an exempted purchaser. Accordingly, all purchases of personal property by this organization are exempt from state and local taxation. The Contractor will be provided with tax exemption certificates for the purpose of obtaining an exemption under this procurement for purchases under this procurement. Notwithstanding the terms of the Federal, State, and Local Taxes clause, the Contractor shall state separately on its vouchers the amount of state sales tax and the Government agrees to either pay the amount of the tax to the Contractor or, where the amount of the tax exceeds $250.00, to provide evidence necessary to sustain the exemption.

PART II – CONTRACT CLAUSES

FAR 52.252‐2, Clauses Incorporated by Reference (IBR) (FEB 1998)

This contract incorporates one or more clauses, by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also the full text of a clause may be accessed electronically at these addresses:

FAR: http://www.acquistion.gov/far TAR: http://www.dot.gov/ost/m60/tamtar/tar.htm TAM: http://www.dot.gov/ost/m60/earl/tamcomplete.htm

The following Federal Acquisition Regulation (FAR) clauses are incorporated by reference:

52.202‐1 Definitions JUN 2020

52.203‐12 Limitation on Payments to Influence Certain Federal JUN 2020 Transactions

52.203‐17 Contractor Employee Whistleblower Rights and Requirement NOV 2023 To Inform Employees of Whistleblower Rights

52.204‐4 Printed or Copied Double‐Sided on Postconsumer Fiber MAY 2011

Content Paper

52.204‐7 System for Award Management OCT 2018

52.204‐9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204‐10 Reporting Executive Compensation and First‐Tier Subcontract Awards JUN 2020

52.204‐13 System for Award Management Maintenance OCT 2018

52.204‐16 Commercial and Government Entity Code Reporting AUG 2020

52.204‐18 Commercial and Government Entity Code Maintenance AUG 2020

52.204‐19 Incorporation by Reference of Representations and DEC 2014 Certifications

52.204‐21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021

52.204‐24 Representation Regarding Certain Telecommunications and Video NOV 2021

Surveillance Services or Equipment.

52.204‐25 Prohibition on Contracting for Certain Telecommunications and Video NOV 2021

Surveillance Services or Equipment

52.212‐4 Contract Terms and Conditions‐‐Commercial Items NOV 2023

52.223‐5 Pollution Prevention and Right‐to‐Know Information MAY 2011

52.223‐18 Encouraging Contractor Policies to Ban Text JUN 2020

Messaging While Driving

52.225‐13 Restrictions on Certain Foreign Purchases FEB 2021

52.228‐5 Insurance – Work on a Government Installation JAN 1997

52.229‐3 Federal, State, and Local Taxes FEB 2013

52.232‐39 Unenforceability of Unauthorized Obligations JUN 2013

52.232‐40 Providing Accelerated Payments to Small Business MAR 2023

Subcontractors

52.233‐2 Service of Protest SEP 2006 Fillin: Rachelle D. Faiteau

52.237‐2 Protection of Government Buildings, Equipment and APR 1984

52.233‐3 Protest after Award AUG 1996

52.233‐4 Applicable Law for Breach of Contract Claim OCT 2004

52.236‐3 Site Investigation and Conditions Affecting the Work APR 1984

52.242‐13 Bankruptcy JUL 1995

52.243‐1 Changes—Fixed‐Price, Alternate 1 AUG 1987

52.244‐6 Subcontracts for Commercial Items FEB 2024

The following FAR clauses are provided in full text:

52.212‐5 Contract Terms and Conditions Required to Implement FEB 2024

Statutes 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 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 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) 52.232‐40, 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.]

_X_ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

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

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

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

__ (6) [Reserved].

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

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

111‐117, section 743 of Div. C).

_X__ (9) 52.204‐27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub.

L. 117‐328)

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

__ (11) (i) 52.204‐30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L.

115–390, title II).

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

_X_(12) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

_X_ (13) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

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

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

__ (17) [Reserved]

__ (18)(i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219‐6.

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

__ (ii) Alternate I (Mar 2020) of 52.219‐7.

__X (20) 52.219‐8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)).

_X_ (21)(i) 52.219‐9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219‐9.

__ (iii) Alternate II (Nov 2016) of 52.219‐9.

__ (iv) Alternate III (Jun 2020) of 52.219‐9.

__ (v) Alternate IV (Sep 2023) of 52.219‐9.

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

__ (ii) Alternate I (Mar 2020) of 52.219‐13.

_X_ (23) 52.219‐14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

_X_ (24) 52.219‐16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (FEB 2024) ( 15 U.S.C. 657f).

_X_ (26) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219‐28.

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

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

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

__ (30) 52.219‐33, Nonmanufacturer Rule (Sep 2021) ( 15U.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 (FEB 2024) (E.O.13126).

_X_ (33) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34) (i) 52.222‐26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222‐26.

__X (35) (i) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222‐35.

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

__ (ii) Alternate I (Jul 2014) of 52.222‐36.

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

X__ (38) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

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

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

__ (40) 52.222‐54, Employment Eligibility Verification (May 2022) (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 (Jun 2016) (E.O. 13693).

__ (43) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (44)(i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223‐13.

__ (45) (i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223‐14.

__ (46) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (47) (i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐16.

_X_ (48) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

X__ (49) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223‐21, Foams (Jun2016) (E.O. 13693).

__ (51) (i) 52.224‐3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224‐3.

__ (52) (i) 52.225‐1, Buy American‐Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225‐1.

__ (53) (i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501‐4732), Public Law 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225‐3.

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

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

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

_X_ (55) 52.225‐13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (56) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (57) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (58) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (59) 52.229‐12, Tax on Certain Foreign Procurements (Feb 2021).

__ (60) 52.232‐29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (61) 52.232‐30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (62) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (63) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (64) 52.232‐36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (65) 52.239‐1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

_X_ (66) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (67)(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

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

__ (ii) Alternate I (Apr 2003) of 52.247‐64.

__ (iii) Alternate II (Nov 2021) of 52.247‐64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222‐41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. 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).

(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 and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115‐91).

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

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

117‐328).

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

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

(viii) 52.219‐8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(ix) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222‐26, Equal Opportunity (Sep 2015) (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 (May 2022) (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…