RFQ 70Z08022Q15005B00.pdf

Solicitation No.: 70Z08022Q15005B00

COMBINED SYNOPSIS / SOLICITATION

70Z08022Q15005B00

87’ PATROL BOAT PROPULSION SHAFTS OVERHAUL AND MANUFACTURE

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation.

OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e).

Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

Commanding Officer USCG Surface Forces Logistics Center

(CPD-C&P1-PBPL)

2401 Hawkins Point Road, Bldg. 31 LL

Baltimore, MD 21226

REQUEST FOR QUOTATIONS

70Z08022Q15005B00

The U.S. Coast Guard (USCG) Surface Forces Logistics Center (SFLC) intends on awarding a Requirements type contract with firm-fixed-price (FFP) delivery orders for five (5), one (1) year ordering periods for the manufacture or overhaul of propulsion shafts in support of USCG 87’ Patrol Boats (WPBs).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 with elements of FAR Part 13 as supplemented with additional information included in this notice. Solicitation 70Z08022Q15005B00 is being issued as a Request for Quote (RFQ). This requirement is being solicited using FAR Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures, specifically Subpart 13.5 Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation. Quotes are being requested and no further written solicitations will be issued.

I. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular

(FAC) 2022-04.

II. Set-aside Status: Small business set-aside. The North American Industry Classification System (NAICS) Code is 332710, with a small business size standard of 500 employees. The Product Service Code (PSC) is 2010 - Ship and Boat Propulsion Components.

III. A list of the contract line item numbers (CLINs), items, estimated quantities and units of measure to be acquired for the five (5) Ordering Periods can be found in Attachment I: Schedule of Supplies and Prices. Insert unit and total price in U.S. Dollars for all CLINs listed in the Schedule. Unit prices shall include shipping costs, free on board (F.O.B.) Destination and the cost of packaging, marking and bar-coding. (Note: the Extended Price column and Extended Total should automatically calculate and populate.) All Quotes submitted in response to this solicitation shall stand firm for 120 calendar days from the response date of this solicitation.

IV. Description of requirement: Overhaul and manufacture propulsion shafts for the USCG 87’ Patrol Boats (WPBs). The quoter will provide all equipment, labor and materials necessary to overhaul, manufacture, test, inspect, preserve, package, pack, mark, correctly bar-code and ship propulsion shafts in accordance with applicable drawings and other specifications.

The propulsion shafts are to be overhauled/manufactured, packaged, marked, and shipped in accordance with USCG WORK ITEM 1: 2010-01-458-9175, Shaft, Propulsion, Manufacture, Overhaul dated 02/22, Coast Guard Drawing USCG DWG. 87 WPB 243-050 Rev. - Propulsion Shaft: Single Sheet Detail, and USCG DWG. 87 WPB 243-001 - Propulsion Shaft Details. (Available Upon Request, Company must be listed in the Defense Logistics Agency Joint Certification Program database in order to receive drawing).

ITEM DESCRIPTION NSN

P/N

CAGE

QTY

Shaft, Propulsion, New NSN: 2010-01-458-9175

P/N: 87WPB 243-050

CAGE: 81340

14/yr.

Shaft, Propulsion, Overhaul

2010-01-458-9175

P/N: 87WPB 243-050

CAGE: 81340

26/yr.

Shipping Crate Reusable N/A 14/yr.

Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under this contract. The quantities specified on this solicitation are only an estimate. The Government may order more or less depending on actual needs.

V. Delivery and acceptance:

PLACE OF DELIVERY - DESTINATION

(A) All Inspection Reports, other data submissions and correspondence shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center Contracting & Procurement Division (PBPL) Attn: David Packard 2401 Hawkins Point Road, Bldg. 31, LL Baltimore, MD 21226 Contract Number: {To be furnished at time of contract award} Order Number (if applicable): {To be furnished at time of order award} E-mail: david.a.packard@uscg.mil

(B) All items shall be delivered F.O.B. Destination to the following address between the hours of 7:00 a.m. and 12:30 p.m. Monday through Friday:

USCG Surface Forces Logistics Center Receiving Room - Bldg. 88 2401 Hawkins Point Road Baltimore, MD 21226 Contract Number: {To be furnished at time of contract award} Order Number: {To be furnished at time of order award}

Inspection and Acceptance: The Contractor shall submit a detail inspection report of the dimensional inspection and test results to the Contract Specialist to request an inspection by the Quality Assurance Representative. The inspection shall be conducted in accordance with the USCG WORK ITEM 1:

2010-01-458-9175 dated 02/22, Shaft, Propulsion, Manufacture, Overhaul, Coast Guard Drawing USCG DWG. 87 WPB 243-050 Rev. - Propulsion Shaft: Single Sheet Detail, and USCG DWG. 87 WPB 243-

001 - Propulsion Shaft Details. (Available Upon Request, Company must be listed in the Defense Logistics Agency Joint Certification Program database in order to receive drawing).

Inspection shall take place at origin by a Government Quality Assurance (QA) representative.

Inspection must occur within the United States. Contractor shall furnish to the Contracting Officer advance notification when the supplies or services furnished in accordance with this contract are ready for Government inspection. This advance notification may be made by e-mail and shall not be less than ten (10) working days prior to inspection. The contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, prior to QA Inspection.

Final acceptance shall be made by a Government representative at destination. Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging, and marking requirements of WORK ITEM 1: 2010-01- 458-9175, Shaft, Propulsion, Manufacture, Overhaul.

Plant Inspection: Government Personnel as designated by SFLC Quality Assurance Branch will perform Inspection at Contractor's Plant located at (Enter your information here):

Contractor shall provide and maintain an inspection system acceptable to the Government.

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

CLINs

REQUIRED DELIVERY SCHEDULE

DESCRIPTION

EST.

QTY/UNIT

WITHIN DAYS

AFTER DATE

OF

CONTRACT

CLIN 0001 Manufacture new propulsion shafts which include material certifications, keys, new shipping container, QA inspection, PP&M and shipping to Baltimore, MD in accordance with Work Item: 2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 3.2.

14 EA

Within 75 days of issuance of delivery order.

CLIN 0002 For Approval, Certifications of material conformance in accordance with Work Item:

2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair paragraph 3.2.2.

14 EA

Within 20 days of delivery order due date

Coast Guard review and approval of all CFRs and Inspection Reports

CLIN 0003 For Approval, Condition Found Report, Inspection, and Cost Estimate for shaft and shipping crate repair in accordance with Work Item: 2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 3.3.

26 EA

Within 10 days of receipt of

GFP.

CLIN 0004 Package, pack, mark and deliver to Baltimore, MD any shaft not being repaired in accordance with Work Item: 2010-01-458- 9175 - Shaft, Propulsion, Manufacture/Repair Section 6.1.

As Required

Within 20 days of completion of

CLIN 0002.

CLIN 0005 (Optional) Weld Repairs: General (non-bearing areas) - 3 cubic inch increment (based on 1/8" deep areas to repair, 1" length, 360° undercut as required by MILSPEC) in accordance with Work Item: 2010-01-458- 9175 - Shaft, Propulsion, Manufacture/Repair Section 6.1.

As Required

Within 10 days of receipt of GFP as part of CLIN 0002.

CLIN 0006 (Optional) Weld Repairs: Aft bearing repair (entire area) - 18 cubic inch increment (based on 1/16" deep area to repair, full bearing length, 360° around) in accordance with Work Item: 2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 6.1.

As Required

Within 10 days of receipt of GFP as part of CLIN 0002.

CLIN 0007 (Optional) Weld Repairs: Intermediate bearing repair (entire area) - 12 cubic inch increment (based on 1/16" deep area to repair, full bearing length, 360° around) in accordance with Work Item: 2010-01-458- 9175 - Shaft, Propulsion, Manufacture/Repair Section 6.1.

As Required

Within 10 days of receipt of GFP as part of CLIN 0002.

CLIN 0008 (Optional) Cold Straightening shafts as necessary in accordance with Work Item:

2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 3.4.1.

As Required

Within 10 days of receipt of GFP as part of CLIN 0002.

**NOTE: PARTIAL SHIPMENTS SHALL BE ACCEPTED**

The Government will evaluate quotes that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule. If the quoter proposes no other delivery schedule, the required delivery schedule above will apply.

CLIN 0009 Preserve, package, pack, mark, bar-code and ship to Baltimore, MD propulsion shafts in accordance with Work Item: 2010-01-458- 9175 - Shaft, Propulsion, Manufacture/Repair Section 5.0

Coast Guard Quality Assurance Inspection at Contractors facility

As Required 5 Calendar Days

CLIN 0010 (Optional) manufacture (1) propeller end and

(1) coupling end key in accordance with Work Item: 2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 3.3.6.

As Required

Within 10 Calendar days

CLIN 0011 For Approval, Final inspection and test report for each manufactured or repaired propulsion shaft in accordance with Work Item: 2010- 01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 3.7.

As Required 5 Calendar Days

CLIN 0012 (Optional) manufacture a new shipping crate as required in accordance with Work Item:

2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair paragraph 5.4.

As Required

Within 10 Calendar days

CLINs

QUOTER’S PROPOSED DELIVERY

SCHEDULE

DESCRIPTION

EST.

QTY/UNIT

WITHIN DAYS

AFTER DATE

OF

CONTRACT

CLIN 0001 Manufacture new propulsion shafts which include material certifications, keys, new shipping container, QA inspection, PP&M and shipping to Baltimore, MD in accordance

14 EA

Within __ days of issuance of delivery order.

with Work Item: 2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 3.2.

CLIN 0002 For Approval, Certifications of material conformance in accordance with Work Item:

2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair paragraph 3.2.2.

Coast Guard review and approval of all CFRs and Inspection Reports

14 EA

Within __ days of delivery order due date

CLIN 0003 For Approval, Condition Found Report, Inspection, and Cost Estimate for shaft and shipping crate repair in accordance with Work Item: 2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 3.3.

26 EA

Within __ days of receipt of

GFP.

CLIN 0004 Package, pack, mark and deliver to Baltimore, MD any shaft not being repaired in accordance with Work Item: 2010-01-458- 9175 - Shaft, Propulsion, Manufacture/Repair Section 6.1.

As Required

Within __days of completion of

CLIN 0002.

CLIN 0005 (Optional) Weld Repairs: General (non-bearing areas) - 3 cubic inch increment (based on 1/8" deep areas to repair, 1" length, 360° undercut as required by MILSPEC) in accordance with Work Item: 2010-01-458- 9175 - Shaft, Propulsion, Manufacture/Repair Section 6.1.

As Required

Within __ days of receipt of GFP as part of CLIN 0002.

CLIN 0006 (Optional) Weld Repairs: Aft bearing repair (entire area) - 18 cubic inch increment (based on 1/16" deep area to repair, full bearing length, 360° around) in accordance with Work Item: 2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 6.1.

As Required

Within __ days of receipt of GFP as part of CLIN 0002.

CLIN 0007 (Optional) Weld Repairs: Intermediate bearing repair (entire area) - 12 cubic inch increment (based on 1/16" deep area to repair, full bearing length, 360° around) in accordance with Work Item: 2010-01-458-

As Required

Within __ days of receipt of GFP as part of CLIN 0002.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful quoter, results in a binding contract. The Government will mail or otherwise furnish to the quoter an award or notice of award not later than the day award is dated. Therefore, the quoter should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.

9175 - Shaft, Propulsion, Manufacture/Repair Section 6.1.

CLIN 0008 (Optional) Cold Straightening shafts as necessary in accordance with Work Item:

2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 3.4.1.

As Required

Within __ days of receipt of GFP as part of CLIN 0002.

CLIN 0009 Preserve, package, pack, mark, bar-code and ship to Baltimore, MD propulsion shafts in accordance with Work Item: 2010-01-458- 9175 - Shaft, Propulsion, Manufacture/Repair Section 5.0

Coast Guard Quality Assurance Inspection at Contractors facility

As Required

__ Calendar Days

CLIN 0010 (Optional) manufacture (1) propeller end and

(1) coupling end key in accordance with Work Item: 2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 3.3.6.

As Required

Within __ Calendar days

CLIN 0011 For Approval, Final inspection and test report for each manufactured or repaired propulsion shaft in accordance with Work Item: 2010- 01-458-9175 - Shaft, Propulsion, Manufacture/Repair Section 3.7.

As Required

__ Calendar Days

CLIN 0012 (Optional) manufacture a new shipping crate as required in accordance with Work Item:

2010-01-458-9175 - Shaft, Propulsion, Manufacture/Repair paragraph 5.4.

As Required

Within __ Calendar days

(End of Clause)

VI. FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (NOV 2021)

APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

(ADDENDUM)

A. To ensure timely and equitable evaluation of the quote, the quoter must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

B. The contracting officer has determined there is a probability of adequate price competition in this acquisition. Upon examination of the initial quotes, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; quoters may be required to submit other than cost and pricing data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING RECEIPT OF THEIR

QUOTES.

C. Submit an electronic copy of signed and dated quote to David Packard at David.A.Packard@uscg.mil, no later than June 15, 2022 by 2:00 PM Eastern Time. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. Questions are due no later June 1, 2022 by 2:00 PM Eastern Time.

D. Quoter must be registered and active in the System for Award Management (SAM), website location https://www.sam.gov, at time of submittal. If you are not actively registered in SAM, your quotation may not be considered.

E. The data submission must include the following:

(1) Cover letter that includes: solicitation number 70Z08022Q15005B00, company name, DUNS Number, business category, address, point of contact, telephone number and e-mail.

(2) Technical Plan-5 page maximum; SEE SECTION IX.

(3) Warranty Information

(4) Up to three (3) relevant past performance references/contract numbers completed within the last three (3) years.

(5) Attachment 1, SCHEDULE OF SUPPLIES – CLIN Enter prices for all CLINS for all ordering periods per the instructions found on Tab 1 of this document. All prices on CLINS shall be FFP.

The total of all CLINS shall be added together to arrive at an aggregate total. Quotes submitted in response to this solicitation shall stand firm for 120 calendar days from the closing date of this solicitation.

(4) A statement of conformance with the required delivery schedule for Ordering Periods 1-5 OR a PROPOSED DELIVERY SCHEDULE in accordance with Section VII.

mailto:David.A.Packard@uscg.mil

PLEASE NOTE: QUOTE SUBMISSIONS THAT DO NOT INCLUDE ALL REQUIRED

DOCUMENTS WILL NOT BE EVALUATED OR CONSIDERED FOR AWARD.

INCURRED COSTS

The USCG shall not be liable for any cost incurred by the quoters in submitting Quotes in response to this solicitation, including any site visits by quoters.

CLARIFICATION OF SPECIFICATIONS AND DATA

Quoters should carefully examine the specifications (Work Items) and fully inform themselves as to all conditions and matters which can in any way affect the work or the cost thereof. A quoter that finds discrepancies in, or omission from, the specifications, or other documents, or is in doubt as to their meaning, should at once notify the Contracting Officer.

DHS NOTICE TO QUOTERS

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible quoter is obtained as a result of this solicitation, that quoter may be required to submit Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.

IX. EVALUATION CRITERIA

Quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below.

Factor 1 – Technical Plan for the overhaul and manufacture propulsion shafts for 87’ Patrol Boats;

warranty plan; and delivery schedule Factor 2 – Past Performance Factor 3 – Price

The Government intends to evaluate quotations and award a contract without discussions. Therefore, the initial quotation should contain the vendor’s best terms from a cost standpoint and all other factors being considered. The Government reserves the right to seek information clarifying any element of a quotation prior to award without discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines it necessary.

Factor 1-Technical Plan:

The Quoter shall provide a detailed written plan with a clear understanding and certification that their proposed solution complies with the technical requirements as stated in Sections 3-5 of the Specification entitled WORK ITEM 1: 2010-01-458-9175 Shaft, Propulsion, Manufacture, Overhaul.

-The proposed delivery schedule will be evaluated on the ability to meet or improve upon the required delivery schedule. A proposed delivery schedule that exceeds the required delivery schedule in Section VII will be rated higher.

- Provide a copy of your Standard Manufacturer’s Warranty.

The Government will award one (1) requirements contract to the quoter determined to provide the best value on the basis of all non-price and price related factors. The evaluation of quotes submitted in response to this solicitation shall be conducted utilizing the tradeoff process to obtain the best value to the Government. As part of the tradeoff determination, the technical and past performance factors will be evaluated utilizing confidence ratings in which quoters will be ranked. The technical and past performance factors are significantly more important than price and the Government may award to other than the lowest priced quote based on the technical and past performance ratings.

Technical Rating Definitions:

Factor 2-Past Performance:

Provide up to three (3) Contract Performance Assessment Report System (CPARS) past performance assessments for relevant work performed within the past three (3) years from the solicitation closing date. In order to determine that the CPARS assessments are for relevant work performed, the contractor shall provide the following information (two (2) page limit for each assessment):

i. Contract/Order Number and Project Location

ii. Period of Performance

iii. Total Contract/Order Value (Original and Final)

iv. Contracting Officer Name, Phone Number & E-mail

v. Contract/Order Description, including how many batteries supplied annually

vi. Contract/Order Type (Firm Fixed-Price, IDIQ, Requirements, Cost Type)

Past performance will be considered relevant if it is for Shaft, Propulsion, Manufacture, Overhaul for the USCG, federal, state or local government or private contracts. In evaluating past performance, general trends in performance will also be considered. References other than those provided by the Quoter may be used by the Government to obtain additional information that will be used in the evaluation of the quoter’s past performance such as government databases and internal organization resources. You may provide information on problems encountered during the performance of any contract/order and any corrective actions made.

In the case for which there is no information on past performance or where past performance information is not available, the quoter may not be evaluated favorably or unfavorably. In this case, a performance confidence rating of "Neutral" will be assigned. For this requirement a "Substantial Confidence" or "Satisfactory Confidence" past performance rating is worth more than a "Neutral" past performance rating.

Factor 3-Price: Price analysis will be performed by comparing the total evaluated price, including all ordering periods of all technically acceptable quote submissions.

The price shall represent the best price in response to the request for quote and shall be evaluated to determine fairness and reasonableness. Quoters are required to provide prices for all of the CLINs. The CLINs for all periods are detailed in Attachment I. All prices on the CLINs shall be FFP with the cost of packaging, marking and bar-coding along with shipping, F.O.B. Destination, included in the cost to overhaul or manufacture the shafts. The total of all CLINs will be added together to arrive at an aggregate total.

VII. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL ITEMS (NOV 2021) Applies to this solicitation and is incorporated by reference.

Quoters must include a completed copy with its offer. Quoters must be registered in SAM.gov to receive award.

VIII. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

(OCT 2018) Applies to this solicitation and is incorporated by reference.

IX. FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23

(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 Contra/cting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

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

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

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

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 2021) of 52.219-9

__ (18)

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

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

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

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

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

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

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

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

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

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

_X_ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

_X_ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-18#FAR_52_223_18 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3

___ (50) 52.225-5, Trade Agreements (Oct 2019) (Deviation 20-07) (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)

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302Note).

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

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

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (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 items:

[Contracting Officer check as appropriate.] https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.232-30#FAR_52_232_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.232-36#FAR_52_232_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.239-1#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/52.242-5#FAR_52_242_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64

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

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

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

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

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

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

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (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 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-42#FAR_52_222_42 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-43#FAR_52_222_43 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-44#FAR_52_222_44 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.