RFQ_Scissor Lift_3-15-2022.pdf

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Advanced Lifts Inc. Scissor Lift
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47QSWC22Q0062
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REQUEST FOR QUOTE (RFQ) BRAND NAME PROCUREMENT

Advance Lifts Incorporated, Scissor Lift

Solicitation PIID 47QSWC22Q0062, Acquisition PIID 47QSWC22K0021

A. This is a request for a Brand Name Only, Single Award Firm-Fixed Price (FFP) Purchase

Order (PO) for Advance Lifts Incorporated’s Scissor Lift, model # Model BFL2-6120+M “Big

Friggin Lift” with installation. The manufacturer of the deliverables is Advance Lifts

Incorporated. Advance Lifts has designated multiple authorized distributors for the scissor lift required. The customer is the Department of the Air Force, Air Education Training Command

(AETC), 502d Trainer Development Squadron/Trainer Development (502d TDS/TD), Joint Base

San Antonio – Randolph, Texas. Delivery and Installation of the scissor lift will be at Wright-

Patterson Air Force Base (AFB), Ohio. The NAICS is 333924 – Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing. The FSC is 1730 - Aircraft Ground Servicing

Equipment.

B. GSA intends to award a single-award, Firm Fixed Price Purchase Order (PO) for this scissor lift. Government intends to award on initial quotation(s) and advises quoter(s) to submit their best terms and prices in their initial quotation. Award will be dependent upon the availability of funding.

C. This acquisition is being conducted under FAR 13, Simplified Acquisition Procedures. The

Ordering procedures at FAR 6.302-1(c) - Application for brand-name descriptions. An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer apply to this procurement.

D. Quoters shall submit a firm-fixed pricing structure for this requirement. In addition, please include with the quote, (1) A list containing at least two (2) previous orders of similar size, scope to this scissor lift requirement with associated pricing (2) Product Literature and a current (within the past 12 months) authorized dealer/distributor letter as necessary to include a description of the quoted items, features, and warranty terms as identified in Section C - Submittal Information.

E. Delivery and Installation: Delivery and Installation of the scissor lift shall be at Wright-

Patterson Air Force Base in Ohio. The Government is seeking 84 days after receipt of award

(ARO) for the delivery of the delivery and installation of the scissor lift. Quoters are encouraged to provide their best delivery terms.

Installation: Installation shall be a Firm-Fixed Price (FFP) CLIN, inclusive of all training, labor, material, and travel expenses. Installation will be provided onsite at Wright-Patterson AFB.

Installation shall be in accordance the Statement of Work (SOW) located in section E of this

RFQ

The government is seeking destination shipping terms. The Contractor shall coordinate delivery of all items with the POC listed below for consolidation, storage, and shipping. The Contractor shall notify the POC when equipment is shipped from either the Manufacturer’s facility or the

Contractor’s facility. The Contractor is to notify the POC prior to special delivery if special

Material Handling Equipment (MHE) is required to offload the equipment once it arrives at their facility. Delivery address and the POC for delivery and installation of the scissor lift is listed below.

Delivery Address:

711 HPW/USAFSAM/ET

2510 Fifth St

Wright-Patterson AFB OH 45433

POC:

Jeremy M. Ward, GS-11, Civ, USAF, Logistics Management Specialist

Office Phone: 937-938-3845

Email: jeremy.ward.17@us.af.mil

ALL PACKAGES AND SHIPMENTS MUST ALSO COMPLY WITH THE FOLLOWING

REQUIREMENTS:

Marking: Shipments to the Department of Defense (DOD) shall be marked in accordance with

MIL-STD-129.

Special Marking: In addition to markings required by MIL-STD-129, shipments shall be marked with the requisition number, part number, SUPPAD and item name (will be shown on individual orders).

Preparation for Delivery: The item(s) shall be packaged and packed to afford adequate protection against physical damage during shipment from the supplier to the first receiving activity. The pack shall comply with the rules and regulations applicable to the mode of transportation. The package shall be the same as that normally provided by the supplier. In the event a pallet or skid is used for shipping, the following notice shall apply:

Notice of special requirements for shipment to all countries that have endorsed the IPPC

Guidelines for treatment on nonmanufactured wood packaging: The International Plant

Protection Convention (IPPC) has approved and published on March 15, 2002, “Guidelines for

Regulating Wood Packaging Material in are found at http://www.aphis.usda.gov/ppq/swp/.

Clause D-FSS-468 requires non-manufactured wood pallets and other nonmanufactured wood packaging material used in shipments destined to IPPC compliant countries require the appropriate wood treatment. Additionally, shipments delivered to DOD distribution facilities or freight consolidation points for eventual delivery to or through EU/IPPC countries shall comply with applicable DLA Regulations and Procurement Letter PROCLTR 02-17.

F. Method of Award: Award will be made in the aggregate for all items. The Government will evaluate the distributor’s quote to ensure pricing provided for all required part numbers http://www.aphis.usda.gov/ppq/swp/ identified in the Schedule of items is fair and reasonable and meets or exceeds the requested delivery dates. Pricing must be submitted for all items to be considered for award.

G. This is ONLY a request for pricing. DO NOT SHIP based upon the posting of this RFQ.

H. In accordance with FAR 5.102(a)(6) The redacted brand name justification will be posted with this solicitation.

I. All quoters must be registered in the GSA ASSIST system by close of the RFQ to be eligible for award. This is a two-step process. You must register your company DUNS and as a user who is authorized to sign on behalf of your company. Lastly, you must register your GSA Schedule contract number. The registration link and the provided below. The ASSIST help desk phone number is also provided to aid in registration as necessary.

Contractor Registration Direct Link: https://portal.fas.gsa.gov/assist-web/registration/contractor/search

Contract Registration Direct Link: https://portal.fas.gsa.gov/assist-web/registration/contract/register/selection

GSA ASSIST Help Desk: (877) 472-4877

J. STANDARD COMMERCIAL WARRANTY REQUIREMENT. The Government is requiring that all items in this contract have Standard Commercial Warranty.

K. See Section A - General Information for Schedule of Items, product description and pricing.

See Section B for complete evaluation factors and instructions. Specific submittal information is located in Section C. Contact information is located in Section D and the SOW is found in

Section E. Additional clauses and provisions are located in Section F and G. Please read, fill out, and return completed RFQ with quote.

**FAILURE TO PROVIDE THE SUBMITTAL INFORMATION LISTED IN SECTION E

MAY RESULT IN A QUOTE NO LONGER BEING EVALUATED/CONSIDERED FOR

AWARD. **

L. Quotes shall be submitted electronically to the GSA Points of Contact (POC) listed in section

F. If a quoter experiences any problems in providing their quote via email, please contact the

Contract Specialist for further instructions (contact information provided in Section F of this

RFQ). The quoter should allow enough time before the closing date to ensure successful submission of quotation.

https://portal.fas.gsa.gov/assist-web/registration/contractor/search https://portal.fas.gsa.gov/assist-web/registration/contractor/search https://portal.fas.gsa.gov/assist-web/registration/contract/register/selection https://portal.fas.gsa.gov/assist-web/registration/contract/register/selection

Table of Contents

TABLE OF CONTENTS

SECTION A: GENERAL INFORMATION

SECTION B: EVALUATION

SECTION C: SUBMITTAL INFORMATION

SECTION D: CONTACT INFORMATION

SECTION E: STATEMENT OF WORK

SECTION F: CONTRACT CLAUSES

SECTION G: PROVISIONS, REPRESENATIONS & CERTIFICATIONSError! Bookmark not defined.

Scissor Lift

SECTION A: REQUIREMENTS DESCRIPTION

Quoters shall use Attachment 1_Schedule of Items Scissor Lift. The government is seeking

Freight of Board (FOB) – Destination shipping terms. The scissor lift’s minimum requirement are provided below.

Description of Scissor Lift:

The 502nd TDS requires the Advance Lifts Inc. brand scissor lift with the following specifications:

Non-rider Scissor Lift, Z configuration (loads on one end; when raised, loads from the opposite side), surface mounted with remote power unit for outdoors.

Capacity: Lifting minimum of 3000 pounds

Platform Width: minimum = 138"

Platform Length: minimum = 216"

Lowered Height: 20.5"

Travel: minimum = 140.5"

Raised Height: minimum 161"

"Power Unit: minimum Voltage = 208/60/3

Horsepower minimum = 5"

Controls: Minimum = 2 Push Buttons

ADDITIONAL MINIMUM REQUIREMENTS

2 Bi-parting Gate with Interlock

3; 10 ft - 1/2 in. Hydraulic Hose

Fixed Ground mounted (GR) on 216" sides. GR slanted on side with snap chains. 8' W Gate on (1) 138" end.

National Electrical Manufacturer Association (NEMA)-4 rated (Weather tight

(weatherproof) enclosures) Control Panel w/Power Unit Cover. (2) NEMA-4 Wall Mount

Push Button Control

Wall Mount Push Button Control

Steel-It Epoxy Paint or equivalent

Bolt on Wings (*Requires filed bolting and welding)

Paint – Gray

Installation: See section E of this RFQ for the SOW for installation of the scissor lift.

The use of such descriptions in the acquisition or portion of an acquisition is essential to the

Government’s requirements, thereby precluding consideration of a product manufactured by another company.

Quoter ☐ does or ☐does not take exception to the RFQ provisions, clauses, requirements, or other information.

If quoter does take exception to any of the RFQ provisions, clauses, requirements, specifications, or other information, please provide a list of any exceptions and explanation(s) in the space below. Please note, the Government reserves the right to make a selection based upon initial quotes received, without discussions with quoters; therefore, exceptions to the RFQ may eliminate a quoter from receiving any further consideration.

Please fill out the below completely and return with your quote:

Company’s Name:

Quoter’s Point of Contact (POC):

Name: __________________________ Phone number: ________________________

Fax: __________________________ Email address: _______________________

DUNS Number:

Socio-economic status: +

Manufacturer:

TAA Compliant (Yes or No):

Delivery time to include installation (in days):

☐ I acknowledge receipt of all RFQ amendments

☐ I have registered in GSA ASSIST. Registered POC Name

AUTHORIZED AGENT SIGNATURE:

DATE: TITLE:

SECTION B: EVALUATION

Method of Award:

Award will be made on an aggregate basis for all required scissor lift equipment, parts and ancillary installation services. The Government will make an award based on the lowest price quotation that meets or exceeds the requirements contained in the RFQ; The government will conduct a review of the quoters technical package submission using the following evaluation criteria.

Step One: Determination of technical acceptability

The definition of technical acceptability is the contractor's quoting the Advance Lifts Inc. scissor lift, delivery and installation requirements stated in this RFQ. The vendor quote must also provide pricing for all CLINs listed in Attachment 1 or state not separately priced in the CLIN description to be considered technically acceptable. The technical evaluation rating will be on a

Pass or Fail basis.

Step Two: Price

Price WILL NOT be assigned an adjectival rating and will be evaluated separately from all non-price elements of the quote. The offeror’s price quote will be evaluated to ensure pricing and terms are fair and reasonable. Pricing must be provided separately from the technical quote. As a matter of indirect pricing comparison, the quoter shall provide a list containing at least two (2) previous orders of similar size, scope to this scissor lift requirement with associated pricing to further substantiate the price reasonableness of the FFP rates provided for required items

The Government will review the Exclusions available within the System for Award Management

(SAM) (https://sam.gov/SAM/). Additionally, the Government reserves the right to review information contained in the Past Performance Information Retrieval System (PPIRS) and

Federal Awardee Performance and Integrity Information System (FAPIIS), available within the

Contractor Performance Assessment Reporting System (CPARS) (https://www.cpars.gov/). Any findings of exclusions or less than Satisfactory ratings may deem the vendor's quote as ineligible for award.

SECTION C: SUBMITTAL INFORMATION

1. RFQ. Return the completed RFQ document with quote to the Contracting Officer before listed closing date. Quoters shall submit a firm-fixed pricing structure for this requirement. In addition, please include with the quote, (1) Product Literature and/or authorized dealer letter as necessary to include a description of the quoted items, features, (2) POC information and, (4)

Complete the Representation and Certifications contained in sections E and F of this RFQ document.

2. Provide a list containing at least two (2) previous orders of similar size, scope to this scissor lift requirement with associated pricing.

3. Quotes shall be submitted electronically via email by the March 29, 2022 at 1:00 pm EST. To be eligible for award, vendors must submit a quotation that includes all technical product data items listed in the RFQ. The vendor should allow enough time before the closing date and time to determine if their quote submission was successful, as no late quotations will be accepted.

**FACSIMILE (FAX) OR MAILED QUOTES WILL NOT BE ACCEPTED **

Prospective quoters shall submit questions on the RFQ package via email to Calvin Blue at:

calvin.blue@gsa.gov on or before 5:00 P.M. EST, March 22, 2022. When submitting questions, https://www.cpars.gov/ please reference “RFQ #47QSWC22Q0062/Scissor Lift” in the subject line. This cutoff time will allot sufficient time to potential quoters to react and revise/adjust their prospective quotes accordingly to answers/responses by the Government.

In posing questions, quoters must cite the relevant RFQ Section/Sub-Section and page number.

Questions should be written in a manner that enables clear understanding of the Quoter’s questions or concerns. Questions must also be written in a manner that allows the government to share the question and response with all quoters. Statements expressing opinions, sentiments, or conjectures are not considered valid inquiries and will not receive a response. Further, quoters are reminded that

GSA will not address hypothetical questions aimed at receiving a potential “evaluation decision.”

Written answers to questions received on or before 1:00 P.M. EST, March 22, 2022 will be provided via an amendment to the solicitation and will be viewable by all prospective quoters. Questions submitted after the cut-off date will not be considered.

SECTION D: CONTACT INFORMATION

A. Points of Contact:

Phil Cleveland Contracting Officer

819 Taylor Street

Fort Worth, TX 76102

Phone: (817) 850-8426

Email: phillip.cleveland@gsa.gov and

Calvin Blue Contract Specialist

10001 Reunion Place, STE 114

San Antonio, TX 78216

Phone: (210) 284-6114

Email: calvin.blue@gsa.gov

SECTION E: STATEMENT OF WORK

1.0 Background

The United States Air Force School of Aerospace Medicine (USAFSAM) located at Wright

Patterson Air Force Base (WPAFB) in Fairborn, OH requires the procurement of a scissor lift to provide training on the loading and unloading of aeromedical equipment and manikin patients on the 767/KC-46 fuselage trainer.

While USAFSAM plans to use the scissor lift in support of a variety of courses, it will be used primarily for four (4) training courses in aircrew training and advanced medical readiness including the Flight Nurse Course, Aeromedical Evacuation Technician Course, USAF AMC

Detachment 4, and Formal Training Unit and the Critical Care Air Transport Team Basic Course.

mailto:phillip.cleveland@gsa.gov mailto:calvin.blue@gsa.gov

2.0 Scope

The scope of this effort includes the delivery and installation of the scissors lift and its associated hardware and equipment to provide loading capabilities through the 767/KC-46 Aeromedical

Trainer Cargo Door.

3.0 Tasks

The Contractor shall complete the following tasks in support of this effort:

• Task 1: Deliver an Advance Lifts Inc. Equipment Company Scissor Lift, Model

BFL2-6120+M.

• Task 2: Install and anchor steel plate required to protect the parking lot and needed to level the scissor lift.

• Task 3: Calibrate and level the scissor lift in accordance with the manufacturers specifications.

4.0 Program Requirement

The Contractor shall provide the following components:

• Advance Lifts Inc. Equipment Company Scissor Lift, Model BFL2-6120+M

• Lifting capacity: 3,000 lb.

• Platform size: 138 in × 216 in (W × L)

• Lowered height: 20.5 in

• Travel: 140.5 in

• Raised Height: 161 in

• Power unit: 208/60/3 V, 5 HP

• Speed: 45

• Controls: Two (2) push buttons

• Advance Lifts Inc. Equipment Company Scissor Lift, Model BFL2-6120+M

Accessories

• Oversized platform

• Two (2) bi-parting gates with interlock

• BFL Non-rider Lift

• Three (3) 10 ft - 1/2 in hydraulic hose

• Fixed GR on 216 in sides. GR slanted on side with snap chains. 8 in wide gate on one 138 in end.

• NEMA-4 control panel with power unit cover. Two (2) NEMA-4

• Wall Mount Push Button Control

• Under platform mounted warning bell/flashing light

• Steel-it epoxy paint

• Bolt on wings (*requires filed bolting and welding)

• Paint - gray

• Steel plate required for installation

4.1 Assembly and Installation

The Contractor shall install and anchor the steel plate required for lift installation. The

Contractor shall install Model BFL2-6120+M Scissor Lift.

4.2 Acceptance Testing

Acceptance testing will be in the form of a complete system test performed by a government representative or a Government assignee. The Contractor shall coordinate the inspection and acceptance with the Government.

SECTION F: CONTRACT CLAUSES

Clauses Incorporated by Reference

52.252-2 Clauses Incorporated by Reference (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 Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

In addition to the applicable clauses contained in the Multiple Award Schedule base contract, the following FAR clauses are included in this purchase order emphasis of their applicability:

CLAUSES INCOPROATED BY REFERENCE:

FAR Clauses

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2021)

52.202-1 Definitions (JUN 2020)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (JAN 2017)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (OCT 2020)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (JUN 2020)

52.227-14 Rights in Data – General (MAY 2014)

DFAR Clauses

252.203-7000 Requirements Relating to Compensation of Former DOD Officials (SEP 2011)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

252.203-7003 Agency Office of the Inspector General (AUG 2019)

252-203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011)

252.204-7000 Disclosure of Information (OCT 2016)

252-204-7003 Control of Government Personnel Work Product (APR 1992)

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019)

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. (NOV 2020)

252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (MAY 2019)

252-213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (SEP 2019)

252.225-7012 Preference for Certain Domestic Commodities (DEC 2017)

252.232-7010 Levies on Contract Payments (DEC 2006)

252.239-7018 Supply Chain Risk (FEB 2019)

252.244-7000 Subcontracts for Commercial Items (JAN 2021)

252-246-7008 Sources of Electronic Parts (MAY 2018)

GSAM Clauses:

552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items (JAN 2022)

Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Products and Commercial Services. (JAN 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 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) 52.233-3, 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 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. 2402).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41

U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment . (Nov 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15

U.S.C. 657a).

__ (12) 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).

__ (13) [Reserved]

__ (14) (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.

__ (15) (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.

__ (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. 637s).

__ (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).

__ (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)).

__ (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 (Sep 2021) ( 15U.S.C. 637(a)(17)).

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(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.

__ (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.

__ (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.

__ (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).

__ (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 products or commercial services as prescribed in FAR

22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514).

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

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

13423 and 13514).

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42

U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

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

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

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

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

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

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

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

_x_ (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.

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

3301 note).

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

Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42

U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov2007) ( 42 U.S.C. 5150).

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

__ (56) 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. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (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).

__ (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. 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment . (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds the applicable threshold specified in

FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29

U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements

(May2014) ( 41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (Jan 2022).

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

13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun

2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) ( 46 U.S.C. 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)

52.232-1 PAYMENTS (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if—

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or50 percent of the total contract price.

(End of Clause)

52.246-2 INSPECTION OF SUPPLIES-FIXED PRICE (Aug 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the

Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the

Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the

Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time-

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished.

Requests shall not require more than 2 workdays of advance notification if the

Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the

Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1)at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting

Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

52.246-16 RESPONSIBILITY FOR SUPPLIES. (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this clause shall apply.

(d) Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the

Government acting within the scope of their employment.

552.211-73 MARKING (FEB 1996)

(a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards.

(1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal

Standard 123, edition in effect on the date of issuance of the solicitation.

(2) Deliveries to military activities. Supplies shall be marked in accordance with

Military Standard 129, edition in effect on the date of issuance of the solicitation.

(b) Improperly marked material. When Government inspection and acceptance are at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor to perform the required marking, by contract or otherwise, and charge the Contractor, therefor at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996)

(ALTERNATE I- MAY 2003)

Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification.

Packaging and packing shall comply with the requirements of the Uniform from eight

Classification and the National Motor from Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering activity and the Contractor.

SECTION G: PROVISIONS, REPRESENATIONS & CERTIFICATIONS

Provisions Incorporated by Reference

DFARS Provisions:

252.239-7017 Notice of Supply Chain Risk (FEB 2019)

252.243-7002 Requests for Equitable Adjustments (DEC 2012)

Provisions Incorporate in Full Text

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other…

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