RFQ_Stromasys Charon-VAX__SAM.gov_14 AUG 24.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND - ABERDEEN PROVING GROUND

6472 INTEGRITY COURT, BUILDING 4401

ABERDEEN PROVING GROUND, MD 21005-1846

REPLY TO

ATTENTION OF

CCAP-MDT

15 August 2024

SUBJECT: Request for Quote for procurement of Commercial-Off-the-Shelf Stromasys Charon Virtual Address extensions (VAX) renewals

This is a combined synopsis / solicitation for commercial supply prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. The solicitation number is PANAPG-23-P-0000 023689 and is issued as a request for quotation (RFQ).

The U.S. Army Contracting Command – Aberdeen Proving Ground (ACC-APG), on behalf of the Communications-Electronics Command (CECOM) Software Engineering Center (SEC) in support of Satellite Communications Set (SCS), intends to solicit and award a single award, Firm-Fixed-Price (FFP) order for the procurement of Commercial-Off-the-Shelf (COTS) Stromasys Charon-VAX software renewals. The Government projects an order award before September 2024.

It is the Government’s intent to make an award utilizing the authority set forth in 41 United States Code 1901 as implemented in FAR 13.106-1(b)(1), for purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization. The North American Industry Classification System (NAICS) Code applicable to this acquisition is 513210 – Software Publishers with an SBA size standard of $47 million. The Product Service Code (PSC) is 7A21. The request for quote (RFQ) number for this effort is PANAPG-23-P-0000 023689 and submissions of signed and dated quotations are due on or before 1430 hours (EST) 19 August 2024.

The subscription validity period shall be as listed in the Product Descriptions table below.

Located beyond the table are the Offeror Instructions, Basis for Award, Evaluation Factors, Special Requirements, Delivery Instructions, Submission Instructions, and Provisions and Clauses.

Product Descriptions – This requirement is for the software license maintenance renewals of Commercial-Off-the-Shelf Stromasys Charon-VAX Software. See below for the CLIN Assignment, Product Description, Requirement Quantity, and Subscription Periods.

License ID Part Numbers Product

Description Account Information

Subscription Period

QTY

21128 CHVAX-XM0G-1y Charon-VAX

1006744, 1006745, 1006743, 1006746, 1006747, 1006748, 1006749, 1006750, 1006751, 1006752, 1006753, 1006754, 1006755, 1006756, 1006757, 1006758, 1006759, 1006760, 1006761, 1006763, 1006764, 1006762, 1004833, 1004834, 1004835, 1004836

08/01/24 - 07/31/25 26

22377 CHVAX-XM0G-1y Charon-VAX

1006744, 1006745, 1006743, 1006746, 1006747, 1006748, 1006749, 1006750, 1006751, 1006752, 1006753, 1006754, 1006755, 1006756, 1006757, 1006758, 1006759, 1006760, 1006761, 1006763, 1006764, 1006762, 1004833, 1004834, 1004835, 1004836

08/01/25 - 07/31/26 26

22818 CHVAX-XM0G-1y Charon-VAX

1006744, 1006745, 1006743, 1006746, 1006747, 1006748, 1006749, 1006750, 1006751, 1006752, 1006753, 1006754, 1006755, 1006756, 1006757, 1006758, 1006759, 1006760, 1006761, 1006763, 1006764, 1006762, 1004833, 1004834, 1004835, 1004836

08/01/26 - 07/31/27 26

22819 CHVAX-XM0G-1y Charon-VAX

1006744, 1006745, 1006743, 1006746, 1006747, 1006748, 1006749, 1006750, 1006751, 1006752, 1006753, 1006754, 1006755, 1006756, 1006757, 1006758, 1006759, 1006760, 1006761, 1006763, 1006764, 1006762, 1004833, 1004834, 1004835, 1004836

08/01/27 - 07/31/28 26

Offeror Instructions:

RFQ responses, at a minimum, shall clearly state the following:

• Solicitation (Request for Quote (RFQ)) Number; the time specified for receipt of offers;

Contractor Company Name, Address and Telephone Number; Company Representative(s) Name and Contact Information, CAGE Code, Unique Entity Identifier (UEI) Number, System for Award Management (SAM) Record, and business type.

• The part numbers and product description for each item specified in the above Product Description table, with itemized pricing for each part number / product description specified and all separately priced associated costs, such as taxes and shipping. Any deviations from the Part Numbers / Product Descriptions specified shall be explained in the Offeror’s response.

• Any and all applicable discounts applied to the pricing and the Published Commercial

Price, as applicable. The Contractor shall provide other than certified cost or pricing data IAW FAR 15.403-3, Requiring data other than certified cost or pricing data.

• The Total Price for the exact quantities requested in the Product Description table provided above.

• Include proof of Authorization to Resale for OEM with response to RFQ.

Offerors shall:

• PROVIDE A COPY OF END USER LICENSE AGREEMENT(s) (EULA) AND/OR

SOFTWARE MAINTENANCE AGREEMENTS FOR FEDERAL USERS ASSOCIATED

WITH THE ITEMS LISTED ABOVE. If no agreement exists clearly state that in the provided quote.

• Remove hyperlinks from quote, EULA, and any supporting documentation provided in response to this RFQ. In lieu of hyperlink(s), provide the actual documents as referenced in the deleted hyperlink as supporting documentation to the Offeror’s quote. The SLAs / EULAs in final form, as agreed to by the Government in collaboration with the Software OEM, will be attached to the contract/purchase order as Order Attachments in the "List of Attachments" section of the contract award.

• Ensure quotes separately identify any applicable costs / price associated with meeting the delivery instructions and specify Terms of any Express Warranty.

• Provide concurrence, and understanding, of required clauses (listed below) the Government will incorporate within the award documentation. Provide fill-ins as requested in the Provisions and Clauses with the RFQ Response submission.

• Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

• Be certified / authorized by the OEM to resell Stromasys Charon-VAX Software Support and Maintenance licenses.

• Be authorized to resell this product to the U.S. Government, specifically the U.S. Army.

Basis for Award

• The order will be awarded to the lowest priced / technically acceptable (LPTA) offeror.

• The offeror shall be responsive and responsible.

• The order shall be issued as a Firm-Fixed-Price (FFP) contract type. The offeror shall submit FFP prices for all Contract Line-Item Numbers (CLIN) associated with the products within the Product Description table of this RFQ in accordance with the stipulated quantities, subscription period, and unit of measure.

• Software License Agreement (SLA) / End User License Agreement (EULA) o The Government shall not award any order under this contract unless the corresponding OEM commercial software license agreements, and all corresponding documentation, are reviewed and approved by the Contracting Officer. Commercial computer software or commercial computer software documentation shall be acquired under licenses customarily provided to the public to the extent such licenses are consistent with Federal law and otherwise satisfy the Government’s needs. The Government shall not accept any commercial software license terms that conflict with federal procurement law or do not satisfy user needs. Commercial Software License terms that are objectionable to the Government include, but are not limited to, indemnification Provisions (and other types of provisions that include unauthorized or unbudgeted funding obligations), attorney's fees provisions, state or foreign choice of law/jurisdiction provisions, binding arbitration provisions, and injunctive relief provisions.

• Furthermore, the Governments evaluation shall determine the fairness and reasonableness of the Offeror’s proposed prices in order to successfully meet all requirements of this RFQ. The proposed price will be evaluated in accordance with FAR 15.404-1(b). The analytical techniques and procedures described in FAR 15.404-

1 may be used singly, or in combination with others, as determined by the Contracting Officer, to ensure that the proposed costs are fair and reasonable.

• If multiple quotes are received from authorized distributors, the basis of award will be lowest price technically acceptable. Only those offerors who have received an “acceptable” rating IAW the definition contained herein will be considered for award.

Evaluation of Technical Factors:

• Upon receipt of the quote, a technical evaluation will be conducted to ensure the proposed software products, and quote terms and conditions, are technically acceptable to support the acquisition. Technical acceptability shall be defined as an offeror that meets the Government's product requirements, delivery requirements, and any other requirement(s) identified in the RFQ.

o Acceptable - The quote clearly meets the minimum requirements of this RFQ.

o Unacceptable - The quote does not clearly meet the minimum requirements of this RFQ.

Evaluation of Price:

• The evaluation of pricing will consider the fairness and reasonableness of the proposed price in order to successfully meet all CLINs in the Product Description table of the RFQ requirements.

• The proposed price will be evaluated in accordance with FAR 15.404-1(b). The analytical techniques and procedures described in FAR 15.404-1 may be used singly or in combination with others, as determined by the Contracting Officer, to ensure that the proposed costs are fair and reasonable.

Special Requirements:

This Request for Quote (RFQ) document is not a purchase order, a contract, or a commitment to issue an award.

The Government will not pay for any submitted information or the cost to submit a response to this RFQ.

The Government reserves the right to issue an award in part or in whole for the items described above. The Government is not obligated to make an award for all, or any portion of the items described.

The Government shall not award any order under this contract unless the corresponding commercial software license agreement(s) are reviewed and approved by the Contracting

Officer. The Government shall not accept any commercial software license terms that conflict with federal procurement law or do not satisfy user needs.

o The agreed to SLAs / EULAs will be attached to the contract/purchase order as attachments in Section J - List of Attachments of the award.

Delivery Instructions: Stromasys Charon-VAX Software Support and Maintenance renewal shall be activated / delivered with inspection and acceptance at destination within 10 days of award to:

Ship to Address:

Ship to DODAAC#: W90W2B 6590 Reconnaissance Street, Bldg. 6010 Aberdeen Proving Ground, MD 21005

Inspection:

DODAAC: W81B81

Software Engineering Center - Aberdeen 6585 Surveillance Loop, D4-342A Pod 14

Acceptance:

DODAAC: W81B81

Software Engineering Center - Aberdeen 6585 Surveillance Loop, D4-342A Pod 14

Submission Instructions:

Respondent Due Date: No later than 1430 hours (EST) 19 August 2024. If you are unable to furnish a quote, respond with “no bid” and provide a simple detailed explanation as to why you are unable to.

Submit all responses and questions asap via email to Darren J. Jackson:

darren.j.jackson7.civ@army.mil and copy Tanya D. Buttner: tanya.d.buttner.civ@army.mil.

The following provisions and clauses shall be incorporated by full text or reference, including applicable commercial clauses.

All provisions and clauses can be viewed in their entirety at https://www.acquisition.gov/.

Provisions/Clauses:

FAR/ DFARS DESCRIPTION:

52.204-7 System for Award Management (OCT 2018) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-18 Commercial and Government Entity Code Reporting Maintenance (AUG

2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) 52.204-20 Predecessor of Offeror (AUG 2020) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

(SEP 2023)

52.212-3 Offeror Representative and Certifications – Commercial Products and Commercial Services (MAY 2024)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2022) 52.232-11 Extras) Apr 1984) 52.232-23 Alternate I, Assignment of Claims (APR 1984) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration

(OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Alternate I, Disputes (DEC 1991) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes—Fixed Price (AUG 1987) 52.246-2 Inspection of Supplies – Fixed Price (AUG 1996) 52.246-16 Responsibility for Supplies (APR 1984) 52.247-34 F.O.B. Destination (FEB 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022)

252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022)

252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (JAN

2023) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation (MAY 2021) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services (JAN 2023) 252.204-7024 Notice on the use of the Supplier Performance Risk System (MAR 2023) 252.215-7007 Notice of Intent to Resolicit (MAR 2022) 252.215-7008 Only One Offer (DEC 2022) 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

(JAN 2023)

252.227-7015 Technical Data–Commercial Items (MAR 2023) 252.227-7037 Validation of Restrictive Markings on Technical Data (JAN 2023) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

(DEC 2018)

252.232-7006 Wide Area Work Flow (WAWF) Payment Instructions (JAN 2023) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.243-7002 Requests for Equitable Adjustments (DEC 2022) 252.244-7000 Subcontracts for Commercial Products or Commercial Service (NOV

2023)

The following provisions and clauses shall be incorporated by full text:

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://acquisition.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

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):

https://acquisition.gov

(End of clause)

52.212-2 Evaluation—Commercial Products and Commercial Services.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Administrative Evaluation will be conducted to ensure Offeror’s submissions are compliant with the RFQ.

Technical evaluation will be conducted to ensure the proposed software products, and quote terms and conditions, are technically acceptable to support the acquisition.

The evaluation of pricing will consider the fairness and reasonableness of the proposed price in order to successfully meet all CLINs in the Product Description table of the RFQ requirements.

(b) Options. No Option Periods are requested in this RFQ.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration https://www.acquisition.gov/far/part-52#FAR_52_107 time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

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

__ (11)

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

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

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

__ (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) https://www.acquisition.gov/far/part-52#FAR_52_219_7

(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) ( 15 U.S.C. 637(a)(17)).

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

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

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

__ (34)

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

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

https://www.acquisition.gov/far/part-52#FAR_52_222_21

__ (35)

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

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

__ (36)

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

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

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

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (39)

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

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

__ (40) 52.222-54, Employment Eligibility Verification (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).

__ (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).

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

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

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

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

__ (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.] https://www.govinfo.gov/link/uscode/10/3805

__ (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 https://www.acquisition.gov/far/part-52#FAR_52_222_51 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)

Alternate I (FEB 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II (FEB 2024) . As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down;

and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

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

(D) 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).

(E) 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).

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

(G)__( 1) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__(2) Alternate I (DEC 2023) 52.204-30.

(H) 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 https://www.acquisition.gov/far/part-52#FAR_52_204_30 subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

(M) 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.

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

(O) __ (1) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

__ (2) Alternate I (MAR 2015) of 52.222- 50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(P) 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).

(Q) 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).

(R) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

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

14026 (JAN 2022).

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

13706).

(U)__ (1) 52.224-3, Privacy Training (JAN 2017) ( 5 U.S.C. 552a).

__ (2) Alternate I (JAN 2017) of 52.224-3.

(V) 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).

(W) 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.

(X) 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.

(Y) 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.