RFQ 88310324Q00081 White Boxes CORRECTED FY24.docx

RFQ: 88310324Q00108 – Integrated Label Forms RFQ: 88310324Q00081 – White Box Cube Without Flaps

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is 88310324Q00081 and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 effective May 22, 2024. This is a full and open RFQ under NAICS code 322211, Corrugated and Solid Fiber Box Manufacturing. CONTRACT LINE ITEM NUMBER(S): See Attachment 1, Schedule of Prices. REQUIREMENT: The National Archives and Records Administration (NARA) has a requirement. DESCRIPTION: To obtain Manufacture of White box, cube without flaps, lock bottom, size 14 3/4” L x 12” W x 10” H shall be stapled with complete penetration through box joint. See Attachment 2, Requirements. PERIOD OF PERFORMANCE: The period of performance will consist of a base year and four (4) option years. The following Federal Acquisition Regulation (FAR) clauses are incorporated and are to remain in full force in any resultant contract, with the exception of FAR provisions, which will be removed prior to award: FAR provision 52.212-1, Instructions to Offerors - Commercial Items (Sep 2023). Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. Addenda: Delete paragraph (h), Multiple Awards. - see below for additional quotation submission instructions. EVALUATION (In lieu of FAR provision 52.212-2): Evaluation and award will be in accordance with Simplified Acquisition Procedures at FAR 13.106, Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation authorized by FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items as prescribed by FAR 12.301(c)(2). Selection of the Contractor for this Indefinite Delivery Indefinite Quantity (IDIQ) contract will be based on NARA’s assessment of the best overall value to the Government. Accordingly, best value for this contract will be obtained through a lowest priced technically acceptable evaluation. Acceptability will be determined by accessing the Contractors ability to provide the requirement outlined in the solicitation. The Contractor will be evaluated to assess the demonstrated quality of performance on similar work, to include the ability to control the quality and cost of work, timeliness of performance, and effectiveness at accomplishing the goals of previous relevant work. Exceptions taken to any terms and conditions stated in the RFQ must be clearly outlined on a separate page of the Contractor’s quotation entitled “Exceptions”. The Contractor must also include a justification and the cost impact of each exception noted. However, Exceptions may render the quotation unacceptable for award. The Government reserves the right to make an award on the initial quotation without communicating with contractors. For evaluation purposes, the total ceiling price for each not-to-exceed Contract Line Item Number (CLIN) will be determined by multiplying the maximum quantity by the firm-fixed unit price. The total ceiling price for each performance year will be determined by summing the total ceiling prices of each CLIN. The evaluated total contract ceiling price will be determined by summing the total ceiling price of all performance years (base year and all option years). FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Items (May 2024) - The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items (Nov 2023) – see Attachment 4, Additional NARA Terms and Conditions (Addenda to FAR clause 52.212-4). FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2024) - see Attachment 5, FAR Clauses for the full text of this clause and for additional applicable FAR clauses. Full text provisions and clauses can be found at http://www.acquisition.gov. QUOTATION DUE DATE: Quotations must be received by 1:00 PM ET on August 9, 2024. Failure to submit quotations by the due date and time may result in rejection of the quotation as untimely. Contractors submitting via e-mail are cautioned to allow one extra business day for delivery and confirm receipt of quotation as the e-mail will need to pass through IT security. QUOTATION SUBMISSION INSTRUCTIONS: NARA request that contractors email one (1) copy of the quotation to Narciso.cruz@nara.gov Contractors must submit a complete copy of Attachment 1, Schedule of Prices with its quotation along with relevant past performance. The contractor’s quotation will be considered technically unacceptable without providing this documentation.

Schedule of Prices see Attachment 1.

Specifications see Attachment 2.

Shipping Destination see Attachment 3.

NARA Terms and Conditions see Attachment 4

Quotation Submission see Attachment 5

The following clauses and provisions are incorporated and are to remain in full force in any resultant fixed price contract and associated delivery order:

FAR 52.212-1, Instructions to Offerors—Commercial Items (June 2020) Delete Paragraph h, Multiple Awards.

EVALUATION —The Government reserves the right to award without discussions. Award will be made to the offeror whose proposal in response to the RFQ will be most advantageous to the Government. The best value for this award will be obtained through a lowest price technically acceptable evaluation. For evaluation purposes, the fixed price for each Contract Line-Item Number (CLIN) will be determined by multiplying the fixed unit price by the maximum quantity of units, and the total fixed price will be determined by summing the fixed price of all CLINs (base and option years).

FAR 52.212-3, Offeror Representations and Certifications—Commercial Items (Feb 2021) – The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision

FAR 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2018);

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (May 2021).

Paragraph (a) of this clause incorporates by reference the following FAR clauses:

52.222-50, Combating Trafficking in Persons (Oct 2020), 52.233-3, Protest After Award (Aug 1996), 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004).

Paragraph (b) of this clause incorporates by reference the following FAR clauses:

52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (June 2020), 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020), 52.222-3, Convict Labor (Jun 2003), 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Jan 2020), 52.222-21, Prohibition of Segregated Facilities (Apr 2015), 52.222-26, Equal Opportunity (Sep 2016), 52.222-35, Equal Opportunity for Veterans (Jun 2020), 52.222-36, Affirmative Action for Workers with Disabilities (Jun 2020), 52.222-37, Employment reports on Veterans (Jun 2020), 52.223-18, Encouraging Contractor Policy to Ban Text Messaging while Driving (Feb 2021), 52.225-1, Buy American Act--Supplies (Jan 2021), 52.225-13, Restriction on Certain Foreign Purchases (Feb 2021), 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (Oct 2018), 52.232-36, Payment by Third Party (May 2014).

FAR 52.225-25 – Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certification (Jun 2020)

FAR 52.212-4, Contract Terms and Conditions – Commercial Items, (Oct 2018) Addendum see Attachment 4.

FAR 52.209-4, First Article Approval—Government Testing (Sep 1989) is required.

FAR 52.216-18, Ordering (Aug 2020) - Individual orders will be placed against this contract and will indicate the respective item quantities and the shipping address for delivery see Attachment 4.

Submission of Proposals: One copy of each proposal should be received by 1:00 PM EST on August 9, 2024, and should be emailed to:

National Archives and Records Administration (NARA) Attention: Narciso Cruz, Contract Specialist 8601 Adelphi Road, Room 3340 College Park, MD 20740-6001 Narciso.cruz@nara.gov

Offerors submitting via e-mail are cautioned to allow one extra business day for delivery and confirm receipt of proposal.

Questions regarding this solicitation must be submitted in writing to Narciso Cruz no later than 10:00 AM EST on July 29, 2024, to be considered. Please allow one extra business day for delivery and receipt if the proposal is sent via e-mail, as the e-mail will need to pass through IT security. Telephonic responses will not be processed.

ATTACHMENT 1 – PART I

SCHEDULE OF PRICES

Pricing: Fixed Price per box for the base. Vendors shall quote pricing inclusive of all supplies, labor, and shipping. First Delivery is no later than 30 days from award. Up to 10% overrun allowance will be paid.

CLIN = Contract Line Item Number; TOTAL PRICE = QTY (multiplied by) FIXED UNIT PRICE

DESCRIPTION

Base Year – August 15, 2024 – August 14, 2026

QTY

CLIN 0001 Base Year - Full Cube boxes, without flaps, inclusive of shipping (see Attachment 1 – Part II Specification). UNIT = BOX

Delivery to the National Personnel Records Center (Military) MPR:

Quantity 6,000 – 30 days ARO 10% production overrun allowance.

Multiply the number above by 10% and enter on the right.

Delivery Address:

National Personnel Records Center (Military) MPR ATTN: Regina Neal 1 Archives Dr.

St. Louis, MO 63138 Telephone: 314-801-9149 Email: regina.neal@nara.gov

Pre-production sample (Note 2)

6,000

Subtotal

CLIN 0002 Base Year - Full Cube boxes, without flaps, inclusive of shipping (see Attachment 1 – Part II Specification). UNIT = BOX

Delivery to the National Personnel Records Center (Civilian) CPR:

Quantity 10,200 – 30 days ARO 10% production overrun allowance.

Multiply the number above by 10% and enter on the right.

Delivery Address:

National Personnel Records Center (Civilian) CPR ATTN: Kayla Stroh 1411 Boulder Blvd.

Valmeyer, IL 62295 Telephone: 618-935-3094 Email: kayla.stroh@nara.gov

10,200

1,020

CLIN 0003 Base Year - Full Cube boxes, without flaps, inclusive of shipping (see Attachment 1 – Part II Specification). UNIT = BOX

Delivery to the CPR:

Quantity 10,200 – 6 months ARO 10% production overrun allowance.

Multiply the number above by 10% and enter on the right.

Delivery Address:

National Personnel Records Center (Civilian) CPR ATTN: Kayla Stroh 1411 Boulder Blvd.

Valmeyer, IL 62295 Telephone: 618-935-3094

10,200

1,020

DESCRIPTION

Option Year I – August 15, 2025 – August 14, 2026

CLIN 0004 - Full Cube boxes, without flaps, inclusive of shipping (see Attachment 1 – Part II Specification). UNIT = BOX

Delivery to the National Personnel Records Center (Civilian) CPR:

Quantity 8,400 – 30 days ARO 10% production overrun allowance.

Multiply the number above by 10% and enter on the right.

Delivery Address:

National Personnel Records Center (Civilian) CPR ATTN: Kayla Stroh 1411 Boulder Blvd.

Valmeyer, IL 62295 Telephone: 618-935-3094

8,400

840.00

DESCRIDDESCRIPTION

Optio Option Year II – August 15, 2026 – August 14, 2027

CLIN 0005 - Full Cube boxes, without flaps, inclusive of shipping (see Attachment 1 – Part II Specification). UNIT = BOX

Quantity 8,400 – 30 days ARO 10% production overrun allowance.

Multiply the number above by 10% and enter on the right.

Delivery Address:

National Personnel Records Center (Civilian) CPR ATTN: Kayla Stroh 1411 Boulder Blvd.

Valmeyer, IL 62295 Telephone: 618-935-3094

DESCRIPTION

Option Year III Aug 15, 2027 – Aug 14, 2028, CLIN 0006 - Full Cube boxes, without flaps, inclusive of shipping (see Attachment 1 CLIN– Part II Specification). UNIT = BOX

Quantity 8,400 – 30 days ARO 10% production overrun allowance.

Multiply the number above by 10% and enter on the right.

Delivery Address:

National Personnel Records Center (Civilian) CPR ATTN: Kayla Stroh 1411 Boulder Blvd.

Valmeyer, IL 62295 Telephone: 618-935-3094

$8,400

$840.00

DESCRIPTION

Option Year IV – August 15, 2028 – August 14, 1029

CLIN 0007 - Full Cube boxes, without flaps, inclusive of shipping (see Attachment 1 – Part II Specification). UNIT = BOX

Quantity 8,400 – 30 days ARO 10% production overrun allowance.

Multiply the number above by 10% and enter on the right.

Delivery Address:

National Personnel Records Center (Civilian) CPR ATTN: Kayla Stroh 1411 Boulder Blvd.

Valmeyer, IL 62295 Telephone: 618-935-3094

TOTAL

Notes:

(1) Delivery. FOB destination. Contractor shall be responsible for risk of loss and any damage to items during shipment (See FAR 52.212-4(j)).

Required: 60,000 boxes in total with delivery dates and addresses, as stated in Attachment I Schedule of Prices.

(2) Pre-Production Sample: Submit pre-production sample to:

National Personnel Records Center (Military) Attn: Regina Neal 1 Archives Dr., St. Louis, MO 63138 Telephone: 314-801-9149

Vendors are required to manufacture and submit a pre-production sample before completing the production run. If a vendor has manufactured this box for NARA in the past, it may request a waiver of this requirement.

ATTACHMENT 2 – PART II

SPECIFICATION - BOXES, STORAGE, CUSTOM

Specification: Items Required - Manufacture of box, cube without flaps, lock bottom, size 14 3/4” L x 12” W x 10” H shall be stapled with complete penetration through box joint (Manufacturing Die for this box is owned by National Personnel Records Center call for pick up). Material: OYSTER FIBERBOARD. Domestic class; single wall; C-flute with a minimum dry bursting strength of 275 PSI: constructed from 1 piece of fiberboard scored to form the box with the direction of the flutes parallel to the manufacturer joint. Joint shall be stapled.

Boxes shall be made of at least 25% post-consumer fiber.

Vendors shall add to quote 10% over run allowance. Overrun up to 10% will be paid.

Required: 60,000 boxes in total with delivery dates and addresses as stated in Attachment I Schedule of Prices. First delivery shall be 30 days after award. Second delivery shall be 6 months after award. Vendor may invoice after each delivery.

See photograph of box in following pages of this Part.

Box pre-staple, laid flat, showing perforations.

Box pre-staple, laid flat.

Box pre-staple, laid flat.

Built box, height.

Built box, length.

Built box, width.

Box disassembled.

Box disassembled.

Box with stapled joint.

ATTACHMENT 3

SHIPPING DESTINATIONS

Deliveries may be made to the shipping destinations listed below. All Delivery Orders will include Point of Contract (POC).

PRIMARY DESTINATIONS

National Personnel Records Center (Civilian) CPR 1411 Boulder Blvd.

Valmeyer, IL 62295 POC: Kayla Stroh Telephone: 618-935-3094

Delivery Hours: Mon-Fri 9:00 AM-3:00 PM

National Personnel Records Center (Military) MPR 1 Archives Drive St. Louis, MO 63138 POC: Regina Neal Telephone: 314-801-9149

Delivery Hours: Mon-Fri 9:30 AM-2:30 PM

ATTACHMENT 4

NARA TERMS AND CONDITIONS

(Addenda to FAR 52.212-4, Contract Terms and Conditions)

The following additional terms and conditions are incorporated and are to remain in full force in any resultant contract and associated delivery order(s):

1. GOVERNMENT ORDER ADMINISTRATION

A. This contract will be administered by:

National Archives and Records Administration Acquisitions Branch, Code Z Room 3340 8601 Adelphi Road College Park, MD 20740-6001

B. Order Administration (Contract Specialist):

Narciso (Marty) Cruz, Contract Specialist Telephone: 301-837-1633 Email: narciso.cruz@nara.gov

The Contracting Officer (CO) has the overall responsibility for the administration of this order. Written communication should be submitted to the Contract Specialist (CS) and the CO and must make reference to the order number and must be mailed, postage prepaid, to the above address.

C. Contracting Officer (CO): Any Authorized Z CO

The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from order payments for non-conformance; terminate the order for convenience or default; and issue final decisions regarding order questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

2. DELIVERY

Delivery times will be as established in the delivery orders but shall not be sooner than 30 calendar days after receipt of order. Delivery must be made during regular business hours unless mutually agreed upon by NARA and the Contractor. Delivery must be made as ordered, in the specific quantities, to the specified destinations.

Items will be shipped FOB Destination to all NARA Sites as shown on Delivery Orders. The Contractor shall be responsible for risk of loss and any damages to items during shipment (see FAR 52.212-4 (j).

3. INVOICE SUBMISSION REQUIREMENTS

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) (JANUARY 2020) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Invoices shall be submitted after Government’s acceptance of all deliverables. The invoice shall contain information required by FAR 52.212-4(g).

Contractor Invoice to include:

1. Award number

2. CLIN//Item number of deliverables

3. Description of deliverable

4. Price of deliverable

5. Quantity of deliverable

6. Date deliverable was provided to the Government for inspection if applicable

7. Serial number/part number if applicable The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Customer Support Helpdesk by sending an email to IPPCustomerSupport@ fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

FINAL PAYMENT

Before final NARA payment is made, the Vendor must furnish to the CO a written release of all claims against the Government arising by virtue of the delivery order, other than claims in stated amounts as may be specifically excluded by the Vendor from the operation of the release. If the Vendor’s claim to amounts payable under the purchase order has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. § 203, 41 U.S.C. § 15), a release may also be requested of the assignee. To ensure that all necessary adjustments for non-performance or unsatisfactory performance have been made and a release of claims has been submitted before the delivery order is closed out, the final NARA payment will be made in thirty (30) calendar days after receipt of a proper invoice, date of completion of performance, or receipt of release of claims by the CO, whichever is later

ATTACHMENT 5

QUOTATION SUBMISSION INSTRUCTIONS AND EVALUATION CRITERIA

1. Quotation Submission Instructions’

a. Any resulting delivery order from this solicitation will be firm-fixed priced.

b. This is a GSA MAS buy only and quotations that include open market pricing for such items above the micro purchase threshold will be rejected as unacceptable.

c Vendors must submit a complete copy of Enclosure 1, Schedule of Prices, and a copy of its GSA schedule with its quotation.

2. Evaluation Criteria a Competition for this requirement is restricted to GSA Schedule vendors only.

b Best value for this delivery order will be obtained through a Lowest Price Technically Acceptable evaluation in accordance with FAR subpart 8.405-1, Ordering Procedures for Supplies, and Services Not Requiring a Statement of Work.

c For price evaluation purposes, the Government will verify the sum of the total firm-fixed prices for each item in Enclosure 1, Schedule of Prices. The Total Delivery Order Price will be used to evaluate price.

ENCLOSURE 6

FAR CLAUSES

I. FAR 52.212-4 - Contract Terms and Conditions (Nov 2023)

II. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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

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

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

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

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

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

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

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

__ (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).

__ (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).

__ (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.

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

__ (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.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

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

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

__ (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).

_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.

__ (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 (MAY 2024) ( 42 U.S.C. 7671, et seq.).

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

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

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

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

__ (47)

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

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

__ (48)

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

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

__ (49)

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

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

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

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

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

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513).

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

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

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

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

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

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

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

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (64)

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

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

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

(viii) 52.219-8, Utilization of Small Business Concerns (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).

(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 (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause) III. FAR 52.216-18 Ordering (Aug 2020)

IV. FAR 52.216-19 – Order Limitations (Oct 1995) image1.jpg image2.jpg image3.jpg image4.jpg image5.jpg image6.jpg image7.jpg image8.jpg image9.jpg